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Caption

The caption headings of each paragraph hereof are intended for ease of reference only and do not
constitute part of this Agreement. Likewise, the captions shall not be deemed to indicate the intentions
of the parties hereto.

Waiver

The failure to enforce at any time any of the provisions of this Agreement and to require at any time
performance of any party of any of the provision hereof shall in no way be construed to be a waiver of
such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of each
party thereafter to enforce each and every provision in accordance with the terms of this Agreement.

Governing Law

This Agreement shall be governed exclusively by the laws of the State of New Hampshire and any claim or
action brought relating to this Agreement, the work performed or contracted to be performed thereunder, or
referable in anyway thereto shall be brought in Hillsborough County (New Hampshire) Superior Court
Souther Judicial District or in the New Hampshire 9th Circuit Court—Nashua and not elsewhere.

Resolution of Disputes. Breaches and other Litigation

The parties shall negotiate in good faith in an attempt to resolve any dispute that may arise under this
Agreement. Disputes that cannot be resolved by negotiation may be submitted to mediation using a
mutually agreed upon mediator. In the absence of an agreement on a mediator, each party shall
select a temporary mediator and those mediators shall jointly select the permanent mediator. If
mediation is not successful, the parties may pursue their remedies as they choose pursuant to this
Agreement. Nothing in this Agreement shall be deemed to prevent the parties from agreeing in the
future to submit a dispute to arbitration.

Performance During Dispute - Unless otherwise directed by CITY, CONTRACTOR shall continue
performance under this Agreement while matters in dispute are being resolved.

Claims for Damages - Should either party to the Agreement suffer injury or damage to person or
property because of any act or omission of the other party or of any of his or her employees, agents
or others for whose acts he or she is legally liable, a claim for damages therefore shall be made in
writing to such other party within a reasonable time after the first observance of such injury of damage.

Rights and Remedies - The duties and obligations imposed by the Agreement and the rights and
remedies available there under shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law. No action or failure to act by CITY or the
CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under the
Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any
breach there under, except as may be specifically agreed in writing.

Cargo Preference

Contracts involving equipment, materials or commodities which may be transported by ocean vessels.
These requirements do not apply to micro-purchases ($3,500 or less, except for construction contracts over
$2,000). Contractor shall: a. use privately owned US-Flag commercial vessels to ship at least 50% of the
gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever
shipping any equipment, material or commodities pursuant to the underlying contract to the extent such
vessels are available at fair and reasonable rates for US flag commercial vessels; b. furnish within 20
working days following the loading date of shipments originating within the US or within 30 working days
following the loading date of shipments originating outside the US, a legible copy of a rated, "on-board"

commercial bill-of-lading in English for each shipment of cargo described herein to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the recipient
(through contractor in the case of a subcontractor's bill-of-lading.); c. include these requirements in all
subcontracts issued pursuant to this contract when the subcontract involves the transport of equipment,
material or commodities by ocean vessel; d. Requires Bidder and subcontractors at every tier to use United
States-flag air carriers, to the extent service by these carriers is available. When the contract may involve
the international transportation of goods, equipment, or personnel by air, the contract must. 49 U.S.C.
40118 and 4 CFR Part 52.

Rights and Remedies

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

Incorporation of FTA Terms

The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT,
whether or not expressly stated in the preceding contract provisions. All USDOT-required contractual
provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the
contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The contractor shall not perform any act,
fail to perform any act, or refuse to comply with any request that would cause the recipient to be in
violation of FTA terms and conditions.

Federal Changes

Contractor shall comply with all applicable FTA regulations, policies, procedures and directives,
including without limitation those listed directly or by reference in the Master Agreement between the
purchaser and FTA, as they may be amended or promulgated from time to time during the term of the
contract. Contractor's failure to comply shall constitute a material breach of the contract.

Fly America Requirements

Applicability — all contracts involving transportation of persons or property, by air between the U.S. and/or
places outside the U.S. These requirements do not apply to micro-purchases ($10,000 or less, except for
construction contracts over $2,000).

Contractor shall comply with 49 USC 40118 (the “Fly America” Act) in accordance with General Services
Administration regulations 41 CFR 301-10, stating that recipients and subrecipients of Federal funds and
their contractors are required to use US Flag air carriers for US Government-financed international air travel
and transportation of their personal effects or property, to the extent such service is available, unless travel
by foreign air carrier is a matter of necessity, as defined by the Fly America Act. Contractor shall submit, if
a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why
service by a US flag air carrier was not available or why it was necessary to use a foreign air carrier and
shall, in any event, provide a certificate of compliance with the Fly America requirements. Contractor shall
include the requirements of this section in all subcontracts that may involve international air transportation.

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.

On behalf of the staff and members of the Nashua Senior Activity Center, | would like to thank the Board
of Aldermen for providing the funding to take care of the building maintenance and repairs. We welcome
the Board of Aldermen to visit the Center to see the enhancements and witness the enjoyment they
bring to our members.

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