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termination, or cancellation of this contract. Alternatively, if the City of Nashua provides its
written approval to Independent Contractor, any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials including but not limited to those contained in
media of any sort (¢.g., electronic, magnetic, digital) prepared by or supplied to Independent
Contractor in the performance of its obligations under this contract must be retained by
Independent Contractor for a minimum of four years after final payment is made and all other
pending matters are closed. If, at any time during the retention period, the City of Nashua, in
writing, requests any or all of the materials, then Independent Contractor shall promptly remit and
deliver the materials, at Independent Contractor's expense, to the City of Nashua. Independent
Contractor shall not use, willingly allow or cause to have such materials used for any purpose
other than the performance of Independent Contractor's obligations under this contract without
the prior written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Independent Contractor expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Independent
Contractor (including those remitted to the City of Nashua by Independent Contractor pursuant to
paragraph 20), unless designated as confidential by a specific statue of the State of New
Hampshire, shall be treated as public records and shall be available for inspection and copying by
any person, or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Independent Contractor in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Independent Contractor. The City of Nashua shall have the right to reproduce any
such materials.

Independent Contractor expressly and indefinitely waives all of its rights to bring, including but
not limited to, by way of complaint, interpleader, intervention, or any third party practice, any
claims, demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Independent
Contractor agrees to indemnify, to defend, and to hold harmless the City of Nashua, its
representatives, and 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 rightful 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 right, 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

GC 9 of 11

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shall be repeated. The date of final acceptance of a project by the City of Nashua shall be the date
upon which the Board of Public Works 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 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
comnection 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.

GC 10 of 11

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

GC 11 of 11

EXHIBIT B

hem 5 er Ve Scope of Work
Wa NENT OT

317 Elm Street, Milford, NH 03055 60367510 satesgchemservetat.com

June 4, 2018

Danielle Greenburg

City of Nashua — Central Purchasing
Room 128

229 Main Street

Nashua, NH 03060

RE: RFP0931-060818 Water Quality Sampling and Analysis for the Nashua Landfills
Dear Danielle,

Enclosed, please find Chemserve’s proposal for RFP0931-060818, Water Quality
Sampling and Analysis for the Nashua Landfills. We have separated our proposal into
two separate parts. One part is the narrative portion that explains the details and approach
to this project. The other part includes all costing and fee information.

We appreciate the opportunity to provide this bid and look forward to providing analysis
services again to the City of Nashua. And, as we have performed these services for you
in the past, Chemserve is already very familiar with the sampling locations and
knowledgeable of the analyses required for the various landfill locations.

Please contact me with any questions or with a request to meet with the City for further
discussion of this project.

Tam confident that our 32+ years of environmental analysis experience combined with
our excellent customer service will provide you the means to meet your expectations and
goals as required.

Respectfully,

aca

Jay W. Chrystal
President

emfer Ve

PMT a net EON aes

317 Elm Street Milford, NH 03055 (803) 673-5440 fax- (603) 673-0366 emall- sales@chemservelab.com

RFP0931-060818

Narrative

Water Quality Sampling and Analysis
Nashua Landfills

City of Nashua
Central Purchasing Office
229 Main Street, Room 128
Nashua, NH 03060

Che

317 Elm Street, Ten NH 03055 909673510 satesdichomservetab.com
Statement of Project Requirements and Scope of Services
RFP0931-060818

Chemserve has been performing environmental sampling and laboratory analysis services for
over thirty years. Our field sampling department has been trained to utilize the latest
technologies for sample collection, field testing, and proper sample preservation. Chemserve
will provide a team of field technicians to perform all of the sampling tasks to complete this
project. Our laboratory will provide the necessary personnel and equipment to analyze the
samples that meet the current NELAC and NHDES standards. We are currently the vendor
providing the sampling and analysis for the City of Nashua at these landfills.

Chemserve will coordinate a field team with sufficient knowledge and equipment to perform
the sampling per the permit specifications at each landfill. We acknowledge that there are
some locations that will require low stress sampling and others will require standard purge
sampling techniques. All samples will be delivered to Chemserve which is a NELAC
accredited laboratory. Chemserve will subcontract the PFAS testing to Alpha Analytical in
Marlborough MA. Alpha is both NELAC and DOD accredited for performance of PFAS
testing. All reports will be tabulated into a spreadsheet and standard report format. These
reports will be sent to the City and uploaded to NHDES.

Well Sampling: All of the wells for this project will be purged using the guidelines set forth
for proper “low-flow” purging outlined in USEPA Document EQASOP-GW 001 Region 1.
Low-Stress (Low Flow) SOP revised January 19, 2010 or utilizes standard purging as
outlined in the RCRA Guidance Document. The pumping devices utilized for low flow
purging shall be submersible pumps designed for low flow sampling. The low flow field
parameters shall be monitored utilizing an electronic flow cell which will be monitored for
turbidity, temperature, dissolve oxygen, ORP, and pH. The low flow pumping will be
performed at a rate less than one liter per minute. For low flow purging the well will be
determined to be stabilized when the variation in field readings is 10% or less, pH is +/- 0.2,
temperature is +/- 0.2 C. For turbidity that is less than 5 NTU the well will be considered
stable after three consecutive readings less than 5 NTU Any well that does not conform to 5
NTU or less in a reasonable time, will be low rate purged for one hour or until 5 NTU,
whichever comes first. For standard purging the well volume will be calculated, three
volumes of water will be purged from each well, and field testing for pH, specific
conductance, and temperature will be performed.

After the appropriate purging technique of each well has occurred, samples shall be collected.
All samples shall be collected in accordance with the preservatives and containers outlined in
40 CFR Part 136. Samples wiil be delivered the same day to the Chemserve laboratory and
analyzed within prescribed holding times following the methods accepted by NHDES for the
analyses requested. All samples shall be received under proper chain of custody
documentation. Chemserve will follow specific guidelines to avoid cross contamination and
guidelines set forth for proper PFAS sample collection.

Upon completion of analysis, a report shall be forwarded to the City of Nashua, and uploaded
to the NHDES website in accordance to an acceptable format.

Chemserve shall coordinate all sampling events to meet the scheduled dates and time for
collection and reporting.

, f,erve
em: VY
317 Elm Street, Milford, NH 03055 07673510 sslesgienemservetat.com

Similar Sampling Project Experience

City of Fall River MA, Riggenbach Rd. Landfill
Fall River, MA

Contact: John Staskowicz
Address: One Gov’t Center

Fall River MA 02700
Phone: (508) 324-2500

Project Synopsis: Chemserve collected and analyzed samples from existing surface and
monitoring wells on a quarterly basis. The field team performed field analyses using
standard techniques. All samples collected from surface water were field filtered for
dissolved metals analysis. All other samples were collected in containers per CFR 40
Part 136 and field preserved for delivery to our laboratory.

30 Groundwater wells and 3 surface waters, Project duration: 6 years (2012-Present)

City of Nashua All City Landfills
Nashua, NH 03062

Contact: Kerry Converse

Address: 840 West Hollis St.
Nashua, NH 03062

Phone: (603)-594-3420

Project Synopsis: Chemserve collected and analyzed samples from existing surface and
monitoring wells on a Semi-annual basis. The field team performed field analyses using
both standard purge and ““Low-Stress” purge techniques. All samples collected from
surface water were field filtered for dissolved metals analysis. All other samples were
collected in containers per CFR 40 Part 136 and field preserved for delivery to our
laboratory.

38 Groundwater wells and 4 surface waters, Project duration: 6 years (2012-Present)

CQhemfserve

317 Elm Street, Milford, NH 03055 emsnsueaesg:aensevsicon
Naushon Trust Inc.
Gosnold, MA

Contact: Paul Elias

Title: Trustee

Address: c/o J.M. Forbes & Co.
3 Post Office Square
Boston, MA 02108

Phone: (617) 423-5705

Project Synopsis: Chemserve collected and analyzed samples from five existing
monitoring wells and one drinking water well on Nonamessett Island in conjunction with
a fuel oil release site. Sampling was performed utilizing the "low flow" collection
technique. The field team performed field analyses for pH, conductivity, temperature,
total well depth, static depth. All samples were collected from surface wells in containers
per 40 CFR Part 136 and field preserved prior to delivery to our laboratory.

Approximate # of Wells: 5, Project Duration: 2 years (2011-2012)

Sturm Ruger Corporation
Southbridge CT

Contact: Thom Stone
Title: Environmental Health and Safety Manager
Address:411 Sunapee St.
Newport, NH 03773
Phone: (603) 863-3300

Project Synopsis: Chemserve collected and analyzed samples from existing surface and
bedrock monitoring wells on a quarterly basis. Sampling was performed utilizing the
“low flow" collection technique. The field team performed field analyses for pH,
conductivity, dissolved oxygen, ORP, turbidity, temperature, total well depth, static
depth. All samples were collected from surface wells in containers per

40 CFR Part 136 and field preserved prior to delivery to our laboratory.

Approximate # of Wells: 7, Project Duration: 7 years (1999-2006)

Se. Street, Milford, NH a (1) 67.5 en censel on

Town of Jaffrey
Jaffrey, NH

Contact: Randy Haglin/Doug Starr
Title: Director, Dept. of Public Works
Address: 23 Knight St.

Jaffrey, NH 03452
Phone: (603) 532-6521

Project Synopsis: Chemserve collected and analyzed samples from existing monitoring
wells and surface waters on a bi-weekly basis. The field team performed field analyses
for pH, conductivity, temperature, total well depth, and static depth. All samples were
collected in containers per 40 CFR Part 136 and field preserved prior to delivery to our
laboratory.

Approximate # of Wells: 8, Project Duration: 25 years (1993-Present)

Town of Bellingham Landfill
Bellingham, MA

Contact: Mike Graf

Title: Health Officer

Address: 6 Mechanic St.
Bellingham, MA 02019

Phone: (508) 966-5820

Project Synopsis: Chemserve collected and analyzed samples from existing monitoring
wells on a quarterly basis. The field team performed field analyses for pH, conductivity,
dissolved oxygen, temperature, total well depth, static depth, and methane. All samples
collected from surface wells were field filtered for dissolved metal analysis. All other
samples were collected in containers per 40 CFR Part 136 and field preserved prior to
delivery to our laboratory.

Performed landfill gas field monitoring and sample collection for % LEL, % methane,
hydrogen sulfide, carbon monoxide, carbon dioxide, oxygen and VOCs.

Approximate # of Wells: 15, Project Duration: 19 years (1999-present)

Milford, NH —

Contact: Kevin Stetson
Title: Superintendent, POTW
Address: 1 Union Square Town Hall

Milfoed NET nanss

Phone: (603) 673-9441

Project Synopsis: Chemserve collected and analyzed samples from existing single surface
monitoring wells on a quarterly basis. The field team performed field analyses for pH,
conductivity, temperature, total well depth, and static depth. All samples collected from

laboratory,

Approximate # of Wells: 4, Project Duration: 10 years (1996-2006)