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employees from any claim or action seeking to impose liability, costs, and attorney fees incurred
as a result of or in connection with any claim, whether nghtful or otherwise, that any material
prepared by or supplied to Independent Contractor infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by Independent Contractor infringes any patent.

Independent Contractor shall have the nght, in order to avoid such claims or actions, to substitute
at its expense non-infringing materials, concepts, products, or processes, or to modify such
infringing materials, concepts, products, or processes so they become non-infringing, or to obtain
the necessary licenses to use the infringing materials, concepts, products, or processes, provided
that such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

FINAL ACCEPTANCE Upon completion of all work under the contract, Independent Contractor
shall notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Independent Contractor in writing that the whole of the work was
completed on the date indicated in the notice or provide Independent Contractor with a written list
of work not completed. With respect to work listed by the City of Nashua as incomplete,
Independent Contractor shall promptly complete the work and the final acceptance procedure shall
be repeated. The date of final acceptance of a project by the City of Nashua shall be the date upon
which the Community Development Division Director or other designated official accepts and
approves the notice of completion.

TAXES Independent Contractor shall pay all taxes, levies, duties, and assessments of every nature
due in connection with any work performed under the contract and make any and all payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Independent Contractor hereby indemnifies and holds harmless the City of Nashua
from any liability on account of any and all such taxes, levies, duties, assessments, and deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract shall
be considered waived by the City of Nashua. There shall be no waiver of any past or future default,
breach, or modification of any of the terms and conditions of the contract unless expressly
stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Independent Contractor shall not allow any officer or employee of the
City of Nashua to have any indirect or direct interest in this contract or the proceeds of this contract.
Independent Contractor warrants that no officer or employee of the City of Nashua has any direct
or indirect interest, whether contractual, noncontractual, financial or otherwise, in this contract or
in the business of Independent Contractor. If any such interest comes to the attention of
Independent Contractor at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City of Nashua. Independent Contractor also warrants that it
presently has no interest and that it will not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required to be performed under
this contract. Independent Contractor further warrants that no person having such an interest shall
be employed in the performance of this contract. If City of Nashua determines that a conflict exists

GC-10

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and was not disclosed to the City of Nashua, it may terminate the contract at will or for cause in
accordance with paragraph 8.

In the event Independent Contractor (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a crime involving a public official arising out or in connection
with the procurement of work to be done or payments to be made under this contract, City of
Nashua may terminate the contract at will or for cause in accordance with paragraph 8. Upon
termination, Independent Contractor shall refund to the City of Nashua any profits realized under
this contract, and Independent Contractor shall be liable to the City of Nashua for any costs incurred
by the City of Nashua in completing the work described in this contract. At the discretion of the
City of Nashua, these sanctions shall also be applicable to any such conviction obtained after the
expiration or completion of the contract.

Independent Contractor warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Independent Contractor to any officer or employee of the City of
Nashua with a view toward securing a contract or securing favorable treatment with respect to the
awarding or amending or making of any determinations with respect to the performance of this
contract. If City of Nashua determines that such gratuities were or offered or given, it may
terminate the contract at will or for cause in accordance with paragraph 8.

The nights and remedies of this section shall in no way be considered for be construed as a waiver
of any other rights or remedies available to the City of Nashua under this contract or at law.

THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Independent Contractor,
including any of their respective agents or employees, shall not be liable to third parties for any act
or omission of the other party. This contract is not intended to create any rights, powers, or interest
in any third party and this agreement is entered into for the exclusive benefit of the City of Nashua
and Independent Contractor.

SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and effect.

SEVERABILITY In the event that any provision of this contract is rendered invalid or unenforceable
by any valid act of Congress or of the New Hampshire legislature or any court of competent
jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity or
unenforceability of any particular provision of this contract shall not affect any other provision, the
contract shall be construed as if such invalid or unenforceable provisions were omitted, and the
parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying the
invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
contract between the City of Nashua and Independent Contractor. The parties shall not be bound
by or be liable for any statement, representation, promise, inducement, or understanding of any
kind or nature not set forth in this contract. No changes, amendments, or modifications of any
terms or conditions of the contract shall be valid unless reduced to writing and signed by both
parties.

CHOICE OF LAW AND VENUE This contract shall be governed exclusively by the laws of the State

of New Hampshire and any claim or action brought relating to this contract, the work performed or
contracted to be performed thereunder, or referable in anyway thereto shall be brought in

GC-11

Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New
Hampshire 9th Circuit Court—Nashua and not elsewhere.

GC-12

EXHIBIT B
SCOPE OF SERVICES, CONTRACT TIME, AND FEE SCHEDULE

Scope of services

SPECIFICATIONS: The scope of work described below includes services for performing applications of
Sonar (Fluridone) aquatic herbicide treatments in the Nashua River upstream of the Mine Falls dam (90.5
acres); and aquatic herbicide treatments to be determined after a pre-treatment survey in Sandy Pond (4.5
acres) to control aquatic invasive species. Up to one each algae and emergent vegetation treatment may be
performed at Sandy Pond if deemed necessary during the spring survey.

Permitting:
1. SOLitude staff will be responsible for the following:

a. Preparing and filing a Special Permit Application and supporting documentation with the NH
Division of Pesticide Control.

b. Notifying affected abutters of the permit application submission via certified mail — return receipt
will occur prior to treatment in accordance with Special Permit conditions; list of abutters to be
provided/updated by Client.

c. Publishing a legal notice in a local newspaper about the permit application filing for two
consecutive weeks prior to treatment in accordance with Special Permit conditions.

Aquatic Weed Control:

1. Nashua River: Growth of variable milfoil as specified by NHDES shall be treated and controlled through
the application of Sonar (Fluridone) aquatic herbicide, as required for control of the specific varieties of
aquatic weeds found in the treatment area at the time of application.

2. Sandy Pond: Any growth of undesirable weeds found in the pond shall be treated and controlled through
the application of contact aquatic herbicides as required for control of the specific varieties of aquatic weeds
found in the pond at the time of application. Perform spring survey, up to 2 applications of
herbicide/algaecide treatment (if necessary), post-treatment survey, preparation and submittal of State
reporting as required. Perform algae and emergent treatment (1 of each authorized) if deemed necessary
during spring survey.

3. Applications will be performed using SOLitude’s specially designed and calibrated treatment systems and
boats. GPS systems will be used to provide real-time navigation and to record treatment passes.

4, Pre-treatment inspection of designated areas will occur prior to treatment.

5. Shoreline posting will be coordinated and performed prior to treatment in accordance with Special Permit
conditions.

Post-Treatment Survey, Herbicide Residue Testing and Reporting:

1. A post-treatment survey of the treatment areas will be performed to assess the level of target plant control
achieved and to document impact to non-target plants. This survey will be performed in accordance with
Special Permit conditions.

2. SOLitude will hire an independent, NELAC accredited laboratory to collect and analyze water samples for
herbicide residues following treatment in accordance with Special Permit conditions. Copies of sample
results will be provided to the client via email as soon as they are available from the lab.

3. A project-completion report will be prepared that details the treatment program performed, provides
results of the herbicide residue testing and summarizes results of the treatment program. The report will be
prepared and submitted in accordance with Special Permit conditions.

Client Responsibilities:

1. Client will be responsible for the following:
a. Providing information required for the permit application process upon request.
b. Providing Certified Abutters List for abutter notification where required.
c. Coordinate shoreline posting with Solitude

Contract Time

The term of this contract is from the effective date to November 30", 2021.

Fee Schedule

Task 1: Permitting and Notification

Nashua River:

Prepare and file Special Permit application with NH DPC - inclusive of required direct mailing to a
maximum of up 60 abutters and publication of 1 newspaper legal notice. (Note: any changes to last year’s
permitting process, requirement for a public hearing, or notification to additional abutters, may incur
additional charges.)

Feb-March $1.480 Payment due upon permit completion.

Sandy Pond:
Prepare and file Special Permit application with NH DPC. (Note: any changes to last year’s permitting
process may incur additional charges.)

April $350.00 Payment due upon completion

Task 2: Treatment

Nashua River:

Perform chemical treatment in up to 90.5 acres with Sonar (Fluridone) - inclusive of required certified
mailings to a maximum of 60 abutters and publication of 2 newspaper legal notices; all labor, chemical &
equipment needed for the treatment. (Note: should less acreage require treatment and/or a different
herbicide application rate be required the cost will be adjusted accordingly; notifying additional abutters via
certified mail will carry a cost per abutter)

June-July $67,482 payment due upon completion

Sandy Pond:

Perform spring survey to determine the distribution of and extent of aquatic vegetation, algae and/or organic
sediment. Following survey, if treatment is recommended by Solitude, areas will be reviewed for approval
and charged as required within the limits of the contract amount.

May - July $2,165 Payment due upon completion

Task 3: Sampling, Post treatment Survey, Reporting

Nashua River:

Perform herbicide residue testing, assuming analysis of up to 4 samples per treatment for a total of 12
samples is required.

A post-treatment survey will be performed after completion of herbicide treatment(s) to assess impacts and
successes.

An end of the year report will be prepared and provided to the State.

(Note: The number and frequency of post-treatment herbicide residue samples is determined by the NH DPC
following approval of the NH DES final treatment map. SOLitude is only responsible for coordination of
sample collection and has no influence on the number of samples required by the Special Permit. Should
additional sampling be necessary, there will additional charges of $300/sample analyzed and $350-$500 per
sample collection round.)

July —November $5,480 - Payment due upon completion.

Task 4:
Sandy Pond:
Pond Algae Treatment:

1. When requested, any infestation of algae found in the pond at the time of application, shall be treated
and controlled through the application of aquatic algaecides, aquatic herbicides, and aquatic
surfactants as required to control the specific varieties of algae present at the time of service.

2. Ponds which have more than fifty percent (50%) coverage of undesirable algae will be treated in a
series of two (2) to three (3) applications as required to help prevent any damage to beneficial
aquatic life.

$550 per Treatment

Note a single treatment is authorized at this time, additional treatments would require client
authorization.

Task 5:
Sandy Pond:
Pond Emergent Weed Treatment:

1. If approved, growth of nuisance emergent aquatic weeds within the pond shall be treated and
controlled through the application of contact aquatic herbicides and surfactants as required for
control of the specific varieties of aquatic weeds found in the pond at the time of application.

2. Herbicide application for emergent vegetation will happen later in the growing season, if required.

3. Contact herbicide will be applied at the rate appropriate to achieve control of the unwanted
submersed aquatic weeds present in the pond and susceptible to the herbicide at the time of
application.

$530 per Treatment
Note a single treatment is authorized at this time, additional treatments would require client
authorization

Total: up to $78,037

*Note: adjustments to the program cost will be confirmed with the Client in advance; payment is due within
30 days of an invoice date

2021 Nashua River Treatment Area

a ee es 4

BID GUIDANCE
*“HERBICIDE TREATMENT BID NOTE*™*

PLEASE PROVIDE A BID FOR PERFORMING
AN HERBICIDE TREATMENT IN 2021 AS GUTLINED BELOW:

TARGET SPECIES: MULTIPLE SPECIES, INCLUDING EURASIAN
MILFOIL AND VARIABLE MILFOIL

TREATMENT ACRES: UP TO 90.5 ACRES

MEAN DEPTH OF TREATMENT AREAS: 5 FEET

TREATMENT DETAIL: MID TO LATE JUNE

TREATMENT AREAS MAY BE SMALLER THAN

THE FOOTPRINT SHOWN, AND WILL BE FINALIZED BASED
ON FIELD SURVEYS DONE ROUGHLY 3 WEEKS PRIOR TO
PROPOSED TREATMENT DATE.

PLEASE PROVIDE PRODUCT OPTIONS

AND APPLICATION RATES THAT YOU DEEM APPROPRIATE
FOR THIS SITE, AS WELL AS A LINE-ITEM BUDGET SHOWING
PROJECTED COSTS.

BIDS ARE DUE AT NHDES, CARE OF AMY SMAGULAAT eee
AMY.SMAGULA@DES.NH.GOYV BY WEDNESDAY, NOVEMBER 25, 2020, Fagg

Legend

|_| Nashua_River_Potential_2021_Treatment_Area

o o2 o4

2021 Sandy Pond Treatment Area

: ba
3kt
Pay
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Sandy Pond

i inch = 188 feet

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

March 31, 2021
Memo #21-094

TO: Mayor Donchess
Finance Committee

SUBJECT: Wastewater Chemicals in the amount not to exceed $60,000 funded from accounts
61156 Chemicals

Please see attached communications from David Boucher, Superintendent of the Wastewater Department,
dated March 25, 2021 for project specific details related to this purchase. Below please find a summary of
the purchase approval request:

Item: Change Order #1 for Wastewater Chemicals: Sodium Hypochlorite
Value: Original contract approval amount: $125,000 approved 7/15/20 under Finance
Memo 21-006
Change Value New Total
Change Order #1 S 60,000 $185,000
Vendor: Borden & Remington

Department: 169 Wastewater
Source Fund: 61156 Chemicals

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

The Board of Public Works (3/25/21 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