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23.

24.

25.

26.

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 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
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.

GC 10 of 11

28.

29.

30.

31.

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

CITY OF NASHUA DIVISION OF PUBLIC WORKS SOLID WASTE DEPARTMENT

REQUEST FOR PROPOSALS
SINGLE STREAM RECYCLABLE MATERIALS PROCESSING
RFP1088-022318

TABLE of CONTENTS

I. SCOPE OF SERVICES ooo. ccccceccsccsseesescnsesesssucssnecuseseesacssuscnseceseusensvscevessees Pages 3-5

Operations

Transportation

Equipment

Processing Factlity
Marketing Materials

* Reporting Requirements

1. F.1 Scale Weights

1, F.2 Records and Reports

7M OW >

l.
I,
I.
1.
I.
I.

2. INSTRUCTIONS FOR PROPOSAL SUBMITTALS thecetees tenner ererersnneeereene PHBE G

REQUIRED SUBMISSION FORMS:

ATTACHMENT A PROPOSAL SUMMARY
ATTACHMENT B PROPOSAL COSTS
ATTACHMENT C VENDOR REFERENCES
3. BASIS OF AWARD vocsescccscssesesesessssssssteaesscnsnecsecssecavsussussucseyseateauecanevensane Page 7
4. RECORDS and ACCESS 0... ccsesssssssesceessceressccesscansssssearesenperenararsavassensse Page 7
3. FRES and PAYMENTS and REVENUE SHARING............. Page 7
Page | of 7

REP 1058-0223 18
Singie Sircam Recyclable Material Precessing

CITY OF NASHUA DIVISION OF PUBLIC WORKS SGLID WASTE DEPARTMENT
" REQUEST FOR PROPOSALS
SINGLE STREAM RECYCLABLE MATERIALS PROCESSING
REP1058-022318

SCOPE OF SERVICES

The successful BIDDER shall be responsible for all aspects of providing the requested service: the
pickup and hauling of single stream recyclables from the Four Hills Landfill / Nashua Recycling
Center: the processing, marketing and shipping of recyclables; the disposal of eny residue; the
maintenance of records and provision of decuments and reports to the City; and the care and
maintenance of equipment furmished for this program and any other associated items. Upon acceptance
of recyclables, the successful BIDDER shall be responsible for all handling of said materials.

LA Operations

The successful BIDDER must accept all recyclables that are delivered during the term of its contract
The BIDDER shall provide to the City a list of materials and grades currently accepted at the BIDDER
facility, and any minimum quality specifications, including allowable contamination limits. The
BIDDER shall also provide a description of unacceplable materials and shall be responsible for
inspecting designated recyclables upon delivery. Once said recyclables are accepted, they shall be the
property and sole responsibility of the successful BIDDER.

The Nashua Recycling Center's current list of acceptable and unacceptable materials is listed below
and should be included in the Bidder*s proposal.

Acceptable Materials:

Newspapers

Magazines

Catalogs & Junk Mail

Coupons & Envelopes

Office paper/shredded paper

Soft Covered Books & Telephone Books

Corrugated Cardboard

Brown Grocery Bags

Boxboard -- cereal and shoe boxes

Milk and Juice cartons

Plastic Bottles/containers with a Recycling Cade #1-7
Exsmiple: water bottles, laundry detergent, m#k jugs, shampoo bottles, margarine & yogurt containers

Aluminum (pie plates/ trays/ foil)

Metal Cans (Tin/steel/aluminum)

Glass bottles & jars

Page 2 of 7
RFPIOS8-0223 18
Single Stream Recyclabic Material Processing

CITY OF NASHUA DIVISION OF PUBLIC WORKS SOLID WASTE DEPARTMENT

REQUEST FGR PROPOSALS
SINGLE STREAM RECYCLABLE MATERIALS PROCESSING
REP1038-0223 18

SCOPE OF SERVICES (Con’t)
Unacceptable Materials:

Paper soiled with grease, paint etc.

Wax coated paper or cardboard

Paper cups

Tissues, napkins or paper towels

Paper packaging with layers of plastic foil
Hard covered books (remove covers then recycle)
SHARPS or medical waste

Eleciranics or batteries

Plastic bags or film plastics

Pots, pans bow!|s, utensils or other cookware
Ceramic plates or cups

Containers that held a toxic substance

Light bulbs, window glass or mirrors

Plastic utensils

Styrofoam

Appliances

Toys or clothing

Current annual quantities are in the range of 5000 — 3500 tons of single stream recyclables.

Quantities of acceptable materials do fluctuate and shall not be construed as warranties or guarantees of
the quantity of recyclables that will actually be provided by the City.

During the term of the Contract, between the successful BIDDER and the City, or any extension
thereof, the City may expand the definition of Acceptable Materials to include additional household
recyclable materials which are mandated to be recycled by any state or federal agency or which are
agreed lo by the successful BIDDER and the City.

Materials shall be transported from the Nashua Recycling Center by the successful BIDDER’s staff or
contractor and equipment; The City’s Solid Waste Department equipment and staff shall be available
for live loading the vendor’s trucks. The pickup schedule shall be sufficient to keep the storage

area for single stream recycling reasonably clear.

If materials are rejected or downgraded by the successful BIDDER, the City must he notified as to why;
by the neat business day following the day the rejection or downgrade occurred. Digital photographs
of the rejected or downgraded materials shall accompany this notification. The City must be provided
with an opportunity for on-site inspection of materials in question.

Page 3 of 7

RFP 1058-0223 18
Single Stream Recyclable Material Processing

CITY OF NASHUA DIVISIGN OF PUBLIC WORKS SOLID WASTE DEPARTMENT

REQUEST FOR PROPOSALS
SINGLE STREAM RECYCLABLE MATERIALS PROCESSING
REP1058-022318

SCOPE OF SERVICES (Con’t)

If the successful BIDDER fails to pick up or accept recyclables because of facility or service failure,
without exclusion, even from a force majeure event, the successful BIDDER shall be responsible for
providing alternative recycling services and compensating the City for any additional costs.

1B Transportation

The successful BIDDER shall provide transportation of recyclable materials directly from the Nashua
Reeyeling Center to the Materials Recycling Facility, utilizing BIDDER-supplied trucks and drivers
Pickup and hauling of loads of material by the BIDDER at the Nashua Recycling Center shall be during
the hours of 8:00 am and 3:30 pm, Monday through Friday, and loading must be completed by
3:30 pm,

Rain and ordinary snow accumulations shall not be grounds for the cancellation or delay of pickup or
delivery unless both the BIDDER and the City agree that travel should not occur for safely or health
reasons.

The City shall have the right of access to al] portions of the BIDDER’s facility at all reasonable times,
for purposes of inspection, monitoring and conducting tours. The City’s rights of access shall be
conditioned upon compliance with reasonable safety rules and regulations of the facility.

1.C Equipment

The successful BIDDER shall provide and maintain sufficient equipment, in good working condition,
to enable proper servicing of the contract.

1D Processing Facility

The BIDDER shall provide a description of the processing facility, including the type of equipment
used in “ATTACHMENT A, PROPOSAL SUMMARY. Please indicate the number of years of
operation, capacity, hours of operation and any scheduled shutdowns. A tour of the facility for City
officials will be arranged at a mutually convenient time, if possible within two weeks of submittal of
the Proposal. :

LE Marketing Materials

At the request of the City. the successful BIDDER must be prepared to identify all processing facilities,
secondary haulers, and markets i1 intends to use for recycling the materials on the Proposal Summary
form. This information will be kept confidential upon request. The successful BIDDER must also
minimize the amount of material entering the processing facility that is disposed of as unrecyclable
residue.

Page 4 of 7

REP1OS8-0223 18
Single Stream Recyclable Material Processing

CITY OF NASHUA DIVISION OF PUBLIC WORKS SOLID WASTE DEPARTMENT

REQUEST FOR PROPOSALS
SINGLE STREAM RECYCLABLE MATERIALS PROCESSING
RFEP1058-022318

SCOPE OF SERVICES (Con’?)

Hf, at any time during the term of the contract, there is a change in the processing and / or marketing
facility used, 60 calendar day written notice, prior to the effective date of the change is required per
City of Nashua’s term and condition regrading assignment , traasfer, delegation, or
subcontracting.

Written notice shall include the name, address and phone number of the new Processor’s office, the
name ofan individual responsible for the processing operation, the site of storage and / or processing of
the recyclable material, and the names and addresses of the processor's secondary haulers and end
markets.

Within 10 calendar days, the City’s representative shall provide either written consent or provide
wrilien communication outlining the City’s reasons for rejecting such consent.

iF Reporting Requircments

1. F.1. Seale Weights
Certified scale weights will be used as the official measure of weight (one ton weighs two
thousand pounds).

t.F.2. Records aad Reperts

The successful BIDDER shail provide the City with a monthly activity statement and any
supporting documentation requested, of all recyclables tonnage accepted, and a statement of
account for revenue / casts. These monthly statements shall be provided to the City by the end
of the second week of each month for the previous month. A repart shall be provided to the
City by February J annually, detailing the previous service year’s activities,

Page 5 af 7
RFP 1058-0223 [8
Single Stream Recyclable Material Processing

CITY OF NASHUA DIVISION OF PUBLIC WORKS SOLID WASTE DEPARTMENT
REQUEST FOR PROPOSALS

SINGLE STREAM RECYCLABLE MATERIALS PROCESSING
RFP1058-0223 18

INSTRUCTIONS FOR PROPOSAL SUBMITTALS

The specifications herein describe the minimum acceptable features and performance requirements for
providing this serviee.

BIDDERs are to have thoroughly read and understood these specifications prior to proposal
submission.

BIDDERs are required to submit proposals on the Forms provided. A summary of the BLDDER’s
proposal shall be submitted in ATTACHMENT A, “PROPOSAL SUMMARY.” The cost shail be
listed on ATTACHMENT B, “PROPOSAL COST." ATTACHMENT C “REFERENCES” shall
list five references,

Any deviation from the specifications, as listed by the City in this RFP, should be highlighted and
explained in the PROPOSAL SUMMARY.

ATTACHMENT A_ “PROPOSAL SUMMARY”

A narrative, addressing the following:

>» Plan to meet the requirements of the “Scope of Services”;

» A description of the Materials Recycling Facility, including the type of equipment used, the
number of years of opcration, capacity, hours of operation and any scheduled shutdowns (a tour
of the facility for City officials wil) be arranged at a mutually convenient time, if possible
within wo weeks of submittal of the Proposal);

* Your Company's plans regarding the status of recycling markets; and

> Any deviation from the specifications, as listed by the City in this RFP

ATTACHMENT B “PROPOSAL CQSTS”

Complete the table with the requested information, Staie any exceptions to the RFP requirements on
his form.

ATTACHMENT C “REFERENCES”

List five (5) references and submit two (2) letters of performance references,

Page 6 of 7

RFP 1058-022318
Single Stream Recyclable Material Processing

CITY OF NASHUA DIVISION OF PUBLIC WORKS SOLID WASTE DEPARTMENT

REQUEST FOR PROPOSALS
SINGLE STREAM RECYCLABLE MATERIALS PROCESSING
RFP1058-0223 18

BASIS OF AWARD

The contract awarded will be based on the proposal that is most advantageous to the City of Nashua,
with consideration given to the comprehensiveness and feasibility of the proposal, price, references,
and the experience. qualifications, and the compliance and legal history of the vendor and any proposed
subcontraciors.

The City of Nashua may reject any or all of the proposals on any basis and without disclosure of a
reason. The failure io make such a disclosure shall not result in accrual of any right. claim or cause of
action by any unsuccessful participant against the City of Nashua.

Proposals must be in the format specified ON THE ATTACHMENT FORMS PROVIDED:
addressing all items listed in the specifications.

RECORDS and ACCESS

The successful Bidder shall maintain record of amounts of acceptable materials delivered from the City.
The books, records, documents and accounting procedures and practices of the successful Bidder
related te die contract shall be subject to inspection, examination and audit by the City of Nashua.

PAYMENTS and REVENUE SHARING

A revenue sharing agreement for all materials shall be included to offset processing fees or be paid to
the City,

The successful Bidder shal] render io the City a monthly statement with all necessary reasonable
supporting documentation and calculations. The City shall verify the successful Bidder’s monthly
report prior to payment of any voices submitted to the City.

Page 7 of 7
RFP1058-0233 18
Single Stream Recyclable Material Processing

CITY OF NASHUA DIVISION OF PUBLIC WORKS SOLID WASTE DEPARTMENT

REQUEST FOR PROPOSALS
SINGLE STREAM RECYCLABLE MATERIALS PROCESSING
RFP1058-€22318

ATTACHMENT A -— PROPOSAL SUMMARY

A narrative, addressing the following:

> Plan to meet the requirements of the “Scope of Services”:

» A description of the Materials Recycling Facility, including the type of equipment used,
the number of years of operation, capacity, hours of operation and any scheduled
shutdowns (a tour of the facility for City officials will be arranged at a mutually
convenient time, if possible within two weeks of submittal of the Proposal);

*» Your Company’s plans regarding the status of recycling markets; and

» Any deviation from the specifications, as listed by the City in this RFP