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Attachment B - Proposal Costs

$205.00

em Code Description
1 Scrap Metal Recycling (based on long (gross) ton, 2,240 pounds)
2 Scrap Metal Recycfing {oased on long {gross} ton, 2,240 pounds)

RFP 1058-022818 Page 6 of 8 02/28/2018

Quantity Units

i

j

TON

LOAD

Unit Price Extension

$205.00 $205.00
$0.06 $0.00
Total: $205.60

.

Attachment B

Optional: Vendor. is not required to compleie,

REVENUE SHARING: Specify the formula to determine payment to the City of Nashua. Identify the industry index to be used in
the formula

The City of Nasfua Division of Public Works would receive a rebate equal to the American Metals Market Boston export price for # 2 bundles
minus $375.00 for trucking, This system insures that the retum to the City of Nashua Division of Public Works would always reflect the true market
value of materials purchased. The AMM Boston export price for #2 bundles is most analogous to “municipal light iron" and has been used as an
index with many other accounts to advantage of both parties. Every month you would receive a screen capture date stamped with the current price.
The current AMM #2 bundle price is $205 per gross ion. This index has fluctualed between $185.00 per gross ton and $259.00 per gross ton over
the lasi. year.

RFP 1058-022818 Page 7 of 8 02/28/2018

.

Attachment C - References

Optional: Vendor is nat required to complete.

Please enter the following for each reference: Community Name, Population, Contact Name, Contact Title and Cantact Phone
Number

Reference 1”

Hingham Transfer Station
Pooulation:22,904

Randy Sylvester 781-741-1430
DPW Superintendent

Reference 2 *

City of New Bedford
Population:97 502

Richard Coneia 508-979-1550
DPW Superiniendent

Reference 3°

Town of Kingston MA
Paputation:12,000

Paul Baster 781-585-0513
Superintendent of Highway

RFP1058-022818 Page 8 of 8 02/28/2018

THE CITY OF NASHUA ae

Financial Services

Purchasing Department

May 31, 2018
Memo #18-151

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: REFRIGERANT RECOVERY (CRC’S) SERVICES (VALUE: NOT-TO-EXCEED $20,000)
DEPARTMENT: 168 SOLID WASTE; FUND: SOLID WASTE

Please see the attached communication from Jeff Lafleur, Solid Waste Department Superintendent dated
April 26, 2018 for the information related to this contract.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual
services, except as otherwise provided herein, when the estimated cost thereof shall exceed
$10,000 shall be purchased by formal, written contract from the lowest responsible bidder, after
due notice inviting bids.

The Solid Waste Department Superintendent, Recycling Coordinator, Board of Public Works (April 26,

2018 meeting) and the Purchasing Department recommend the approval of this contract in an amount
not-to-exceed $20,000 to Interstate Refrigerant Recovery, Inc. of Foxboro, MA.

Respectfully,
fo foe—

l an Kooken
Purchasing Manager

Ce: J Lafleur L Fauteux

229 Main Street e Nashua, New Hampshire 03061 « Phone (603) 589-3330 Fax (603) 589-3233 |

To:

From:

Re:

A. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 26, 2018

Jeff Lafleur, Superintendent
Solid Waste Department

Refrigerant recovery (CFC’s) contract with Interstate Refrigerant Recovery Inc.

To approve a three year contract between the City of Nashua and Interstate
Refrigerant Recovery Inc. of Foxboro MA, for refrigerant recovery (CFC’s)
services at the Nashua Recycling Center at an annual cost not to exceed $20,000,
pending approval of the FY19 operating budget. The term of this contract will be
from July 1, 2018 through June 30, 2021. Funding will be through: Department:
168 Solid Waste; Fund: Solid Waste; Account Classification: 55 Other Contracted
Services

Memo

The Solid Waste Department went out to bid for the Refrigerant recycling at the
Four Hills Landfill. Interstate Refrigerant Recovery, Inc. was the only vendor to
have submitted a bid. After reviewing the bid, the Solid Waste Superintendent
and Recycling Coordinator determined that Interstate Refrigerant Recovery Inc.
will be awarded the contract. This contract is for three years renewable annually
subject to budget appropriations. The duration of this contract will be from July 1,
2018 through June 30, 2021

Interstate Refrigerant Recovery, Inc. has provided the required certificate of
insurance to accomplish this service. They have maintained the low price and
have done an excellent job over the last three years.

The Solid Waste Superintendent and the Recycling Coordinator recommend
awarding Interstate Refrigerant Recovery Inc. of Foxboro MA the contract for
these services.

REFRIGERANT RECYCLING BIDS

Company Address City Stat | Zip Contact $/unit | Recommended

aoe

Recovery,

Interstate
Refrigerant P.O. Box 517 Foxboro | MA | 02035 Tim Maloof $6

Inc.

CONTRACT FOR INDEPENDENT CONTRACTOR

REFRIGERANT RECYCLING PROGRAM

RFP1058-030218

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

INTERSTATE REFRIGERANT RECOVERY, INC.
and its successors, transferees and assignees (together “Independent Contractor”)
NAME AND TITLE OF INDEPENDENT CONTRACTOR

131 MORSE STREET, PO BOX 517, FOXBORO, MA
ADDRESS OF INDEPENDENT CONTRACTOR

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of an Independent Contractor ; and

WHEREAS, it is deemed that the services of an Independent Contractor herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Independent Contractor represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and
are made part of this contract:

Exhibit A --General Conditions for Contracts

ATTACHMENTS: Submitted March 2, 2018

ATTACHMENT A: PROPOSAL SUMMARY
ATTACHMENT B: PROPOSAL COSTS
ATTACHMENT C: REFERENCES

The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.

AG lof3

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the
written change order or the fully executed City of Nashua Purchase Order shall control over the terms of
the Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Independent Contractor
shall furnish all services, equipment, and materials and shall perform all operations necessary and
required to carry out and perform in accordance with the terms and conditions of the contract the work
described.

3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work within the
time periods set forth and may only be altered by the parties by a written agreement to extend the period
of performance or by termination in accordance with the terms of the contract. Independent Contractor
shall begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua.

The term of the contract will be for three (3) years with first year commencing on or about July 1, 2018
and terminating on June 30, 2021. Each year is subject to annual budget appropriations and at the City
of Nashua's sole discretion, A separate/amended purchase order shall be issued for each year of the
contract.

4, COMPENSATION, Independent Contractor agrees to perform the work for a total cost not to exceed
TWENTY THOUSAND DOLLARS ($20,000.00) annually for each year of the contract and in
accordance with ATTACHMENT B: PROPOSAL COSTS.

The Contract Sum shall include all items and services necessary for the proper execution and completion
of the Work.

Unless Independent Contractor has received a written exemption from the City of Nashua, Independent
Contractor shall submit an itemized Application for Payment for operations completed in accordance with
the values stated in the Agreement. Such applications shall be supported by such data substantiating the
Independent Contractor’s right to payment as the City of Nashua may reasonably require. Independent
Contractor shall submit monthly requests for payment for services performed under this agreement
directly to:

¥® Electronically via email to VendorAPInvoices@NashuaNH.gov
OR
» Paper Copies via US Mail to:
City of Nashua, City Hall
Accounts Payable
229 Main Street
Nashua, NH 03060
Please_do_not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires
that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

AG 2 of 3

Applications for Payment shall be submitted no later than fifteen (15) days after the end of each month.
The City of Nashua will pay for work satisfactorily completed and accurately invoiced by Independent
Contractor within thirty (30) days from the time of approval by the City of Nashua.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract
shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

Jeff Lafleur, Superintendent

City of Nashua, Solid Waste Department
840 West Hollis St

Nashua, NH 03062

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Independent Contractor may change the address or representative by giving written
notice to the other party.

IN WITNESS WHERECF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, NH (signature) (signature)

James Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

AG 3 of 3

ADM FY YY

90

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS
DEFINITIONS
INDEPENDENT CONTRACTOR STATUS
STANDARD OF CARE
CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

CHOICE OF LAW AND VENUE

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General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Independent Contractor”, and its
successors, transferees and assignees (together “Independent Contractor”) includes any of the
Independent Contractor's consultants, sub consultants, contractors, and subcontractors

INDEPENDENT CONTRACTOR STATUS The parties agree that Independent Contractor shall have
the status of and shall perform all work under this contract as an Independent Contractor,
maintaining control over all its consultants, sub consultants, contractors, or subcontractors. The
only contractual relationship created by this contract is between the City of Nashua and
Independent Contractor, and nothing in this contract shall create any contractual relationship
between the City of Nashua and Independent Contractor's consultants, sub consultants,
contractors, or subcontractors. The parties also agree that Independent Contractor is not a City of
Nashua employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;

(4) Participation or contributions by either the Independent Contractor or the City of
Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Independent Contractor shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. Independent Contractor warrants that all work shall be performed with the degree of
professional skill, care, diligence, and sound practices and judgment that are normally exercised
by recognized professional firms with respect to services of a similar nature. It shall be the duty
of Independent Contractor to assure at its own expense that all work is technically sound and in
conformance with all applicable federal, state, and local laws, statutes, regulations, ordinances,
orders, or other requirements. In addition to all other rights which the City of Nashua may have,
Independent Contractor shall, at its own expense and without additional compensation, re-
perform work to correct or revise any deficiencies, omissions, or errors in the work or the product
of the work or which result from Independent Contractor's failure to perform in accordance with
this standard of care. Any approval by the City of Nashua of any products or services furnished
or used by Independent Contractor shall not in any way relieve Independent Contractor of the
responsibility for professional and technical accuracy and adequacy of its work. City of Nashua
review, approval, or acceptance of, or payment for any of Independent Contractor's work under
this contract shall not operate as a waiver of any of the City of Nashua's rights or causes of action
under this contract, and independent Contractor shail be and remain liabie in accordance with the
terms of the contract and applicable law.

Independent Contractor shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
Independent Contractor to perform work under this contract. Approved key personnel shall not
be taken off of the project by Independent Contractor without the prior written approval of the
City of Nashua, except in the event of termination of employment. Independent Contractor shall,
if requested to do so by the City of Nashua, remove from the job any personnel whom the City of
Nashua determines to be incompetent, dishonest, or uncooperative.

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