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Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement
with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner.

§ 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of
completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account
of portions of the Work done by such Subcontractor.

§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid
Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted
Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact
Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an
obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law.

§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in
Sections 9.6.2, 9.6.3 and 9.6.4.

§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents.

§ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum,
payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by
the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under
contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require
money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary
liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award
of punitive damages against the Contractor for breach of the requirements of this provision.

§ 9.7 FAILURE OF PAYMENT

Intentionally Omitted.

§ 9.8 SUBSTANTIAL COMPLETION
§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is
sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for
its intended use.

§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately,
is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be
completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of
the Contractor to complete all Work in accordance with the Contract Documents.

§ 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or
designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not
included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so
that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall,
before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the
Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine
Substantial Completion.

§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate
of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the
Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the
time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by
the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion
thereof unless otherwise provided in the Certificate of Substantial Completion.

§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any,

AIA Document A201™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was produced by AIA software at 14:10:20 ET on 01/10/2020 under Order No. 1403731939 which

expires on 09/22/2020, and is not for resale.

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Init.

the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall
be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.

§ 9.9 PARTIAL OCCUPANCY OR USE

§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when
such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to
by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the
Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,
retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing
concerning the period for correction of the Work and commencement of warranties required by the Contract
Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit
a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not
be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between
the Owner and Contractor or, if no agreement is reached, by decision of the Architect.

§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect
the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.

§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute
acceptance of Work not complying with the requirements of the Contract Documents.

§ 9.10 FINAL COMPLETION AND FINAL PAYMENT

§ 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance and
upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the
Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect
will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information
and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the
Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will
constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being
entitled to final payment have been fulfilled.

§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to
the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with
the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld
by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract
Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire
until at least 30 days’ prior written notice has been given to the Owner, (3) a written statement that the Contractor
knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract
Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing
payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or
encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. Ifa
Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond
satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are
made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such
lien, including all costs and reasonable attorneys’ fees.

§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of
the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner
shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance
for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds
have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment.
Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a
waiver of claims.

AIA Document A201™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AJA? Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 26
reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was produced by AIA software at 14:10:20 ET on 01/10/2020 under Order No. 1403731939 which

expires on 09/22/2020, and is not for resale.

User Notes: (1145984853)

APPENDIX A
CERTIFICATION OF PRIMARY PARTICIPANT - DEBARMENT

The CONTRACTOR certifies that it, its principals as defined in 49 CFR 29.995, or affiliates, as defined in
49 CFR 29.905:

1.

Are not presently debarred, suspended, purposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;

Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or
contract under a public transaction, violation of federal, or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;

Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) of
this certification; and

Have not within a three-year period preceding this application/proposal had one or more public
transactions (federal, state or local) terminated for cause or default.

The CONTRACTOR is required to comply with 49 CFR 29, Subpart C and must include the requirement
to comply with 49 CFR 29, Subpart C in any lower tier covered transaction.

The CONTRACTOR certifies or affirms the truthfulness and accuracy of the contents of the statements
submitted on or with this certification and understands that the provisions of 31 U.S.C. Sections 3801 et
seq. are applicable hereto.

Executed this day of 2021.

By:

(Signature of authorized official)

(Title of authorized official)

APPENDIX B
CERTIFICATION OF RESTRICTIONS ON LOBBYING

“ hereby certify on behalfofthe

that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any

person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for

influencing or attempting to influence and officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents

for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance is placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S.Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.

Executed this day of 2021.

By:

(Signature of authorized official)

(Title of authorized official)

City of Nashua

Purchasing Department

Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233
June 30, 2021
Memo #22-146
TO: Mayor Donchess
Finance Committee
SUBJECT: Wastewater Chemicals: Polymer, Sodium Hypochlorite & Sodium Bisulfite in the amount

of $660,000 funded from account 61156 Chemicals

Please see attached communications from David Boucher, Superintendent of the Wastewater Department,
dated June 24, 2021 for project specific details related to this purchase. Below please find a summary of
the purchase approval request:

Item: Wastewater Chemicals: Polymer, Sodium Hypochlorite & Sodium Bisulfite

Value: Polymer in the amount of $450,000, Sodium Hypochlorite in the amount of
$150,000 and Sodium Bisulfite in the amount of $ 60,000 to total $660,000

Vendor: Polymer from Polydyne of Riceboro GA, Sodium Hypochlorite from Borden &
Remington of Fall River MA & Sodium Bisulfite from PVS Chemical Solutions

Department: 169 Wastewater
Source Fund: 61156 Chemicals

Ordinances: Pursuant to § 5-84 Special purchase procedures A/(3) Purchases which can be
procured through cooperative intergovernmental purchase agreements with
other governmental jurisdictions

Pursuant to §5-84 Special purchase procedures. A/ (7) Purchases under
extensions of contracts when no price increase exceeds 10% per year.

The Board of Public Works (6/24/21 BPW meeting), Division of Public Works: Wastewater, and the
Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: D Boucher
C O'Connor

To:

From:

Re:

A. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: June 24, 2021

David Boucher, Superintendent
Wastewater Department

Polymer

To approve the FY22 purchase of polymer from Polydyne of Riceboro, GA in the amount
of $450,000. Funding will be through: Department: 169 Wastewater; Fund: Wastewater;
Account Classification: 61 Supplies & Materials.

Vendor quote
Polymer is a product used at the plant to coagulate sludge.

Periodically, the Facility has different companies come in and do bench testing to ensure
we are using the best polymer for the best price to meet our needs. Our current product
continues to perform well, producing a dry product that saves the City money in trucking
and disposal costs. The Polydyne products we are currently using are Clarifloc NE2180
for the screw presses and Clarifloc C-6266 for the belt filter presses.

Polydyne is offering the City a unit price of $1.21/lb for both of these products for the
FY21 year, with a potential savings for a full 5000 gallon load at $1.15/lb. Our annual
estimated cost for these two polymers is $450,000.

SNF

RESPONSIBLE CHEMISTRY polydyne.snf.com

Emailed to: osbornen@nashuanh.gov
April 14, 2021

Ms. Noclle Osborne

City of Nashua

2 Sawmill Road

Nashua, NH 03060

Subject: Polymer Price Quotation

Dear Ms. Osborne:

Polydyne Inc. is pleased to offer the following price quotation:

PRODUCT PRICE PACKAGE
* ~
CLARIFLOC® NE-2180 $1.15/LB. DELIVERED FULL BULK — 5,000 GAL MIN.
$1.21/LB DELIVERED* LTL BULK — 2,000 GAL MIN.

2300 LB. TOTES

CLARIFLOC® C-6266 $1.21/LB DELIVERED* 2300 LB. TOTES

*Freight/Tariff Surcharge may apply
Quotation Period: Firm through June 30, 2022.
Payment Terms: Net 30 days ~ No Discounts

Thank you for your business. If you have any questions, feel free to contact Alex Krantz, Sr.
Technical Sales Representative, at (856) 745-1936. Orders may be placed online at:
www.polydyneinc.com/polydyne-online-order-form/ or through our Customer Service
Department at (800) 848-7659. Your Customer Service Representative is Heather James.
Heather's direct extension is 8735.

Best regards, /

{ L-
Deol
Boy le

Sr. Vice-President

SNF Polydyne + 1 Chemical Plant Road « Riceboro, GA 31323 USA « Tel 800.848.7659

To:

From:

Re:

B. Motion:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: June 24, 2021

David Boucher, Superintendent
Wastewater Department

Sodium Bisulfite

To approve the purchase of the chemical Sodium Bisulfite in the amount of $60,000 from
PVS Chemical Solutions. Funding will be through: Department: 169 Wastewater; Fund:
Wastewater; Account Classification: 61 Supplies & Materials.

The Wastewater Department again participated in the Northeast/Merrimack Valley
Chemical Consortium (NEMVCC) bid process. Sealed bids were due by May 30, 2021
electronically or on paper to the Groton Water Department.

JCI Jones Chemical was the low bidder for sodium bisulfite for the F Y22 bid, however
we have had significant issues receiving timely and full deliveries in F Y21, to the extent
that we were unsure whether or not we would run out of product. We had to seek
alternative supplies during FY21 to meet our wastewater facility’s demands. Due to this,
we recommend using the second lowest bidder, PVS Chemicals of Detroit, MI. We have
used them in the past, they were able to help us out in FY21 when JCI was unable to
provide us with product, and they provide the reliability we need. Sodium bisulfite is
used to remove residual chlorine in the wastewater before it is discharged. This chemical
is used at the Wastewater Treatment F acility.

#79 — Sodium Bisulfite 38%, Bulk, price/ wet lb.

___ JCI Jones Chemical Sarasota, FL $0.1279
PVS Chemical Solutions Detroit, MI $0.1370
Holland, Co Adams, MA $0.1700

Univar U.S.A., Inc Morrisville, PA | $0.1980
Southern Ionics West Point, MS | $0.2166

LB. PAIL
LB.
NO
85
SODIUM

WET LB.
Holland CO -
86
BICARBONATE
BULK
ORY,

$0.2904

87
SODIUM TE
50 BABS - FULL
DRY LB.
Church &
Monson

TE
50 LB. - FULL
DRY LB.
Church &

HARCROS
89

SOLBS LOADS
LB.
HARCROS CHEMICAL
Monson Inc.
Borden &
UNIVAR -
90

36BAG LOTS

BULK GALLON
WET L8,
JCI JONES CHEMICAL
PVS CHEMICAL SOLUTIONS -
Holland Co -
UNIVAR -
IONICS

SODIUM 38%
GAL 800 DELIVERY

WET LB.
330 GAL PUMPED TRANSFER

UNIVAR -

SODIUM

BID RESULTS 2021-2022 FISCAL YEAR 10 of 16 pages

To:

From:

Re:

A. Motion:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: June 24, 2021

David Boucher, Superintendent
Wastewater Department

Sodium Hypochlorite

To approve the purchase of the chemical Sodium Hypochlorite in the amount of $150,000
from Borden & Remington of Fall River, MA. Funding will be through: Department:
169 Wastewater; Fund: Wastewater; Account Classification: 61 Supplies & Materials.

The Wastewater Department again participated in the Northeast/Merrimack Valley
Chemical Consortium (NEMVCC) bid process. Sealed bids were due by May 30, 2021
electronically or on paper to the Groton Water Department.

Borden & Remington was the low bidder for Sodium Hypochlorite. Sodium Hypochlorite
is used to disinfect the wastewater before it is discharged into the Merrimack River. It is
also used in odor control for the air scrubber system. Borden & Remington is our current
supplier and has been reliable and responsive to our needs. This chemical is used at the
Wastewater Treatment Facility.

#104 — Sodium Hypochlorite 15%, Bulk, price/ wet lb.

Borden & Remington Fall River, MA | $0.0903
Univar U.S.A.,, Inc Morrisville, PA | $0.1268