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ExuHisit B

TO THE CONTRACT BETWEEN THE CITY OF NASHUA AND CITY ARTS NASHUA, INC.

SCOPE OF SERVICES

City Arts Nashua will manage the Downtown Public Art Program (“Program”). The goal of the
Program is to enhance downtown Nashua’s attractiveness and viability and to increase
awareness and appreciation of art. The Program will expand on the City’s significant investment
in new sidewalks and amenities to create dynamic, interesting places for people to see and
enjoy.

One multi-facet community public art project will be completed, with the resulting ten temporary
artworks installed on the sidewalks and/or public spaces within Downtown Nashua.

The program will utilize an inclusive approach to include community members, including ten
local artists and children, with the creation of the art. City Arts Nashua will contract with an
expert skilled at fostering the collaboration between local artists and community stakeholders to
create unique public art displays.

The location and duration of the public art installation will be subject to local ordinances that
permit the encumbrance of public sidewalks and public spaces. Every effort will be made to
install and maintain the art for the duration of its installation as part of the Program. However,
unforeseen circumstances may require the early removal of one or more pieces of art.

The City will be responsible for installing anchors for mounting the public art, to ensure that

public infrastructure is not damaged. The City will consult City Arts Nashua regarding the design
and location of the anchors.

Exhibit B - 1 of 4

EXHIBIT C
TO THE CONTRACT BETWEEN THE CITY OF NASHUA AND CITYARTS NASHUA, INC.

CONTRACT TIME AND FEE SCHEDULE

TiME OF PERFORMANCE

The services of the Contractor are to commence upon the signing of this Contract by all
parties and shall be undertaken and completed in such sequence as to assure their expeditious
completion in the light of the purposes of this contract as described in Exhibit B, Scope of
Services.

Fee SCHEDULE

The Contractor will be paid $2,000 upon contract signing. The Contractor will provide detailed
invoices not more than monthly and be compensated based on percent of project completion for
a total of $20,000.

Exhibit C - 1 of 1

THE CITY OF NASHUA "The Gate City’

Financial Services

Purchasing Department

April 28, 2016
Memo #16-137

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT AWARD FOR SINGLE STREAM RECYCLING (VALUE: NOT TO EXCEED
$249,925)
DEPARTMENT: 168 SOLID WASTE; FUND: SOLID WASTE
ACCOUNT CLASSIFICATION: 55 OTHER CONTRACTED SERVICES

Please see attached communication from Jeff Lafleur, Solid Waste Department Superintendent dated
April 28, 2016 for the information related to this purchase.

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, Board of Public Works (May 5, 2016) and the Purchasing
Department recommend the award of this contract in an amount not to exceed $249,925 to Casella
Recycling, LLC of Charlestown, MA.

Respectfully, 5
Lin. Ha Fen

n Kooken
Purchasing Manager

Ce: J Lafleur L Fauteux

229 Main Street « Nashua, New Hampshire 03061 ° Phone (603) 589-3330 « Fax (603) 589-3344

To:

From:

Re:

A. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 28, 2016

Jeff Lafleur, Superintendent of Solid Waste
Single Stream Recycling Contract

To approve the award of a one year contract for the transportation and processing of the City’s
single stream recyclables to Casella Recycling LLC of Charlestown, MA pending approval of the
FY17 operating budget. Funding through Department 168 Solid Waste; Fund: Solid Waste;
Account Classification: 55 Other Contracted Services

Casella LLC proposal.

Markets for recycling in general have plummeted and are showing no sign of recovery in the
near future. The City’s contract for recycling ends on June 30, 2016, therefore the City of
Nashua needed to secure a vendor. The Solid Waste Superintendent opted to solicit bids for a
one year contract and re-evaluate market conditions next spring.

The Solid Waste Department solicited bids for Single Stream Recycling Services from five
potential vendors. Two of the vendors submitted responsive bids — Casella Recycling, LLC. and
E.L. Harvey & Sons. The bids were evaluated based on an estimated 5,000 tons and 333 loads

of recyclables.
Processing Trucking Total Estimated
Vendor Cost Cost Annual Cost
Casella Recycling, LLC. $35/Ton $225/Load $249,925
E.L. Harvey & Sons $35/Ton $290/Load $271,570

Waste Management and Eco-Maine were only interested in bidding on a multi-year contract.
Integrated Paper Recycling did not provide a response to the request for bid.

Casella’s processing cost of $35/Ton is a ceiling price which will be reduced if the recycling
markets improve. Casella has submitted a formula that would reduce the processing cost through
a revenue share. E.L. Harvey did not provide for an option to reduce the processing cost and
provided only a fixed rate for the entire year of $35/Ton.

It is the recommendation of the Solid Waste Superintendent that the contract be awarded to
Casella Recycling, LLC of Charlestown, MA at an estimated annual cost of $249,925.

REQUEST FOR PROPOSALS RFP1058-022616

DIVISION OF PUBLIC WORKS SOLIDWASTE DEPARTMENT
CITY OF NASHUA NEW HAMPSHIRE

ATTACHMENT A-PROPOSAL COSTS

PROCESSING COST perton

$35.00 /ton
(estimated annual tonnage: 5000-5500tons)
TRANSPORTATION COST perload $225.00 / load
(estimated annual # loads: 333)
Name of Hauling company, f different from vendor Casella Recycling , LLC

CASELLA’S ACR (AVERAGE COMMODITY REVENUE) LESS
THRESHOLD OF $60.00 WITH A 50% REVENUE SHARE
WHEN ACR IS ABOVE THRESHOLD. DOLLAR FOR DOLLAR
CHARGE TO CUSTOMER WHEN UNDER THE THRESHOLD.
CURRENT CHARGE TO NASHUA, BASED ON THIS “ACR
FORMULA PRICE” CALCULATION IS;

$22.10 PER TON / FEBRUARY

Formula that would reduce Processing
Costs or produce revenue

(List indexes used to calculate recycling costs)

CURRENT CASELLA ACR LESS $60.00 PER TON = $22.10 PER TON CHARGE FOR FEBRUARY 2016

Vendor Name&Adadress:
CASELLA RECYCLING, LLC, 24 BUNKERHILL INDUSTRIAL PARK CHARLESTOWN, MA 02129

Phone: (617) 275-6276
Fax: (617) 241-3806

Email: “AGEs Lil

(Authorized Signature)” 7 (DateY

Mr. MARK S. EVANS SENIOR BUSINESS DEVELOPMENT MANAGER
(Printed/Typed Name & Title)

CONTRACT FOR SERVICE PROVIDER

Single Stream Recyclable Material Processing
RFP 1058-022616

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND

CASELLA RECYCLING, LLC
and its successors, transferees and assignees (together “Service Provider”)
NAME AND TITLE OF SERVICE PROVIDER

24 BUNKERHILL INDUSTRIAL PARK , CHARLESTOWN, MA 02129
ADDRESS OF SERVICE PROVIDER

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time to
time requires the services of a Service Provider; and

WHEREAS, it is deemed that the services of a Service Provider herein specified are both necessary and
desirable and in the best interests of the City of Nashua; and

WHEREAS, Service Provider 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 Service Provider shall complete the work described in the Contract
Documents. The following are by reference incorporated herein and are made part of this contract:

1. This Agreement signed by the City of Nashua and Service Provider, including the General Terms and
Conditions;

Exhibit A: Request for Proposals — RFP 1058-022616 (all inclusive);

Exhibit B: Casella Proposal — dated February 23, 2016;

Insurance Certificate;

Written change orders or orders for minor changes in the Work issued after execution of this
Agreement; and

6. Fully Executed City of Nashua Purchase Order

we wh

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.

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.

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2. WORK TO BE PERFORMED. Except as otherwise provided in this contract, Service Provider 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 any residue; the maintenance of records and provision of documents and reports to
the City of Nashua; and the care and maintenance of equipment furnished for this program and any other
associated items. Upon acceptance of recyclables, the Service Provider shall be responsible for all handling of
said materials.

2. A, OPERATION

The Service Provider must accept all recyclables that are delivered during the term of its contract. The
vendor shall provide to the City of Nashua a list of materials and grades currently accepted at the vendor
facility, and any minimum quality specifications, including allowable contamination limits. The vendor
shall also provide a description of unacceptable 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 Service Provider.

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

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

Materials currently accepted at the Nashua Recycling Center, and which shall be included in the vendor’s
proposal, are:

Single Stream Recyclables:
Aluminum beverage cans

Tin / Metal cans

Clean aluminum foil and trays
Glass bottles and jars — all colors
Plastics containers: # 1 through #7
Newspapers

Cardboard — corrugated and chipboard
Magazines / phone books

Junk Mail

Mixed Paper / shredded paper

Current annual quantities are in the range of 5000 — 5500 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 of Nashua of Nashua.

Materials shall be transported from the Nashua Recycling Center by the Service Provider’s staff or
contractor and equipment; 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.

During the term of the Agreement between the Service Provider and the City of Nashua, or any extension
thereof, Nashua 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
to by the Service Provider and the City of Nashua.

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2. B. TRANSPORTATION

The Service Provider shail provide transportation of recyclable materials directly from the Nashua
Recycling Center to the MRF, utilizing vendor-supplied trucks and drivers to deliver materials to the
vendor’s MRF. Pickup and hauling of loads of material by the vendor 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 vendor and the City of Nashua agree that travel should not occur for safety or
health reasons.

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

2.C. EQUIPMENT
The Service Provider shall provide and maintain sufficient equipment, in good working condition, to
enable proper servicing of this agreement.

2. D. PROCESSING FACILITY

The vendor shall provide a description of the processing facility, including the type of equipment used
and a process flow diagram. Please indicate the number of years of operation, capacity, hours of
operation and any scheduled shutdowns. A tour of the facility for City of Nashua officials will be
arranged at a mutually convenient time, if possible within two weeks of submittal of the Proposal.

2. E. MARKETING MATERIALS

At the request of the City of Nashua, the Service Provider must be prepared to identify all processing
facilities, secondary haulers, and markets it intends to use for recycling the materials. This information
will be kept confidential upon request. The Service Provider must also minimize the amount of material
entering the processing facility that is disposed of as unrecyclable residue. This amount must not exceed
10% on an annual basis.

If, at any time during the life of the contract, there is a change in the processing and / or marketing facility
used, the Service Provider shall request the City of Nashua's approval for such a termination, amendment
or replacement (60) calendar days prior to the effective date of such termination, amendment and / or
replacement and shall provide the City of Nashua with the name, address and phone number of the new
Processor's office, the name of an 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.

Properly prepared materials MUST be marketed to end users that will recycle. Materials cannot be
landfilled or incinerated, except within the allowable residue limit.

2. F. REPORTING REQUIREMENTS
5. F.1. Scale Weights
The Service Provider must agree to accept the scale receipts of the Four Hills Landfill as the official

measure of weight. One ton weighs two thousand pounds.

5. F.2. Records and Reports

The Service Provider shall provide the City of Nashua with a monthly activity statement and any
supporting documentation requested, of all recyclables tonnage accepted, and a statement of account for
revenue / costs. These monthly statements shall be provided to the City of Nashua by the end of the
second week of each month for the previous month. A report shall be provided to the City of Nashua by
February 1 annually, detailing the previous service year’s activities.

2. G. RECORDS AND ACCESS

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The Service Provider shall maintain record of amounts of acceptable materials delivered from the City
of Nashua. The Service Provider shall maintain books and records in accordance with generally
accepted accounting principles and practices. The Service Provider shall make available to the City of
Nashua all books and records necessary to verify the amount of material delivered by the City of
Nashua.

3. PERIOD OF PERFORMANCE. Service Provider shall perform and complete all work within the time periods
set forth. The time periods 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. Service Provider 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 shall be for one (1) year commencing on July 1, 2016 and terminating on June 30,
2017.

4. COMPENSATION. Service Provider agrees to perform the work for a total cost not to exceed
Two Hundred Forty-Nine Thousand Nine Hundred Twenty-Five Dollars ($ 249,925.00)

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

Unless Service Provider has received a written exemption from the City of Nashua, Service Provider 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 Service Provider’s right
to payment as the City of Nashua may reasonably require. Service Provider shall submit monthly requests for
payment for services performed under this agreement directly to:

City of Nashua

Accounts Payable

PO Box 2019

Nashua, NH 03061-2019

Attn: Jeff Lafleur, Superintendent - Solid Waste Department

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

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 Service Provider, 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.

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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: SERVICE PROVIDER REPRESENTATIVE:
Jeff Lafleur, Superintendent Bob Cappadona, Vice President

City of Nashua, Solid Waste Department Casella Recycling, LLC

840 West Hollis St 24 Bunkerhili Industrial Park

Nashua, NH 03062 Charlestown, MA 02129

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 Service Provider may change the address or representative by giving written notice to the
other party

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