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Finance Committee - Agenda - 10/3/2018 - P114

By dnadmin on Mon, 11/07/2022 - 11:27
Document Date
Fri, 09/28/2018 - 14:44
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/03/2018 - 00:00
Page Number
114
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100320…

21.

22.

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 (e.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 li

Page Image
Finance Committee - Agenda - 10/3/2018 - P114

Finance Committee - Agenda - 10/3/2018 - P115

By dnadmin on Mon, 11/07/2022 - 11:27
Document Date
Fri, 09/28/2018 - 14:44
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/03/2018 - 00:00
Page Number
115
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100320…

23.

24,

25,

26.

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. [f 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 G@ncluding, 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.

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.

GC 10 of 11

Page Image
Finance Committee - Agenda - 10/3/2018 - P115

Finance Committee - Agenda - 10/3/2018 - P116

By dnadmin on Mon, 11/07/2022 - 11:27
Document Date
Fri, 09/28/2018 - 14:44
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/03/2018 - 00:00
Page Number
116
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100320…

27.

28.

29.

30.

31,

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

Page Image
Finance Committee - Agenda - 10/3/2018 - P116

Finance Committee - Agenda - 10/3/2018 - P117

By dnadmin on Mon, 11/07/2022 - 11:27
Document Date
Fri, 09/28/2018 - 14:44
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/03/2018 - 00:00
Page Number
117
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100320…

EXHIBIT B
CITY OF NASHUA DIVISION OF PUBLIC WORKS WASTEWATER DEPARTMENT
SCRAP METAL RECYCLING PROGRAM
September 2018

COSTS
and
REVENUE SHARING

Price to include the unit price for the pickup and hauling of scrap metal; from the Nashua
Wastewater Treatment Facility; the processing, marketing and shipping of these materials; the
disposal of any residue; the maintenance of records and provision of documents and reports to the
City; and the care and maintenance of equipment furnished for this program and any other associated
items, from July 1, 2018 through June 30, 2021.

COSTS:
(based on long (gross) ton, 2.240 pounds)

#1 Heavy Melt Steel - Prep (5 ft. or less) Price per ton: $255.00
#1 Heavy Melt Steel - Unprep (over 5 ft.) Price per ton: $230.00

Note: A container to be dropped off at the Nashua Wastewater Treatment Facility, located at 2
Sawmill Road, Nashua, NH 03060. When full, EXCEL RECYCLING will be notified to remove and
replace container with a new one.

REVENUE SHARING;

The City of Nashua Division of Public Works would receive a rebate equal to the American Metals
Market Boston export price for # 1 Heavy Melt Steel - Prep or Unprep minus $45.00 per ton for

trucking.

Note: EXCEL RECYCLING shall provide, to the Nashua Wastewater Treatment Facility, a
monthly statement with all necessary supporting documentation. Nashua Wastewater Facility shall

verify the monthly report and use the information contained within, to verify either payments due or
Revenues from EXCEL RECYCLING.

Page 1 of i

Page Image
Finance Committee - Agenda - 10/3/2018 - P117

Finance Committee - Agenda - 10/3/2018 - P118

By dnadmin on Mon, 11/07/2022 - 11:27
Document Date
Fri, 09/28/2018 - 14:44
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/03/2018 - 00:00
Page Number
118
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100320…

, THE CITY OF NASHUA “the Gate City"

Financial Services

Purchasing Department

Sepiember 27, 2018
Memo #19-067

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: MANAGEMENT OF WASTEWATER BIOSOLIDS — AMENDMENT 1 (VALUE: $260,000)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from David L. Boucher, Superintendent Wastewater Department
dated September 20, 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 Superintendent Wastewater Depariment, the Board of Public Works (September 20, 2018 meeting)

and the Purchasing Department recommend the award of this Amendment 1 to the contract in an amount
of $260,000 to Caselia Organics of Concord, NH.

Respectfully, 5
VF,

© /pan Kooken
Purchasing Manager

Ce: D Boucher L Fautuex

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

Page Image
Finance Committee - Agenda - 10/3/2018 - P118

Finance Committee - Agenda - 10/3/2018 - P119

By dnadmin on Mon, 11/07/2022 - 11:27
Document Date
Fri, 09/28/2018 - 14:44
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/03/2018 - 00:00
Page Number
119
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100320…

To:

From:

Re:

C. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: September 20, 2018

David L. Boucher, Superintendent
Wastewater Department

Casella Organics

To approve change order 1 to the three year contract with Casella Organics of
Concord, NH for the management of Wastewater Biosolids in the amount of
$260,000. Funding will be through: Department: 169 Wastewater; Fund:
Wastewater; Account Classification: 54 Property Services.

Casella Organics was approved for a three year contract for the management of
the Wastewater Facility’s biosolids at the February 29, 2016 BPW meeting.

This change order will be for $260,000, which is estimated based off of the
remaining eleven invoices expected to complete the three year term. It is
determined that the need for these additional funds is due to the lengthy digester
cleanout project and the need to dispose of non-class B biosolids at a cost of $89
per wet ton, instead of $40.90 per wet ton.

Page Image
Finance Committee - Agenda - 10/3/2018 - P119

Finance Committee - Agenda - 10/3/2018 - P120

By dnadmin on Mon, 11/07/2022 - 11:27
Document Date
Fri, 09/28/2018 - 14:44
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/03/2018 - 00:00
Page Number
120
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100320…

AMENDMENT No. 1
TO
CONTRACT
FOR SERVICE PROVIDER,

LONG-TERM MANAGEMENT OF WASTEWATER BIOSOLIDS
RFP1088-020416

BETWEEN
CITY OF NASHUA
AND
NEW ENGLAND WASTE SERVICES oF ME, INC. D/B/A CASELLA ORGANICS

This AMENDMENT No. 1, dated is attached to and made part of the
CONTRACT FOR SERVICE PROVIDER between the City of Nashua, New Hampshire and New
England Waste Services of ME, Inc. d/b/a Casella Organics for Long-Term Management of
Wastewater Biosolids (RFP1088-020416) dated July 7, 2016 (“Agreement”).

WHEREAS, Section 24 of the Agreement’s General Terms and Conditions allows for written
amendments to the Agreement when signed by both parties;

WHEREAS, Section 4 describes compensation; and

WHEREAS, both parties wish to amend the total cost for the work under the contract, terminating on
June 30, 2019, by authorizing payment of an additional amount of Two Hundred Sixty Thousand

Dollars ($260.000.00).

NOW, therefore, in consideration of the mutual covenants contained herein, the parties hereby mutually
agree as follows:

1. SERVICE PROVIDER agrees to perform the work, in accordance with pricing formula
attached, for a total cost not to exceed

One Million Four Hundred Seventy-Two Thousand Thirty Dellars (8 1,472,030.00)
for the three G) vear term ending on June 30, 20178,

2. All other terms and conditions of the Agreement shall remain in force.

Lad

This AMENDMENT No. 1, with attachments, along with the Agreement, constitutes the entire
agreement and understanding between the parties and supersedes all prior agreements and
understandings relating hereto.

LONG-TERM MANAGEMENT OF WASTEWATER BIOSOLIDS ]
NEW ENGLAND WASTE SERVICES of ME, INC. d/b/a CASELLA ORGANICS
Amendment #4

Page Image
Finance Committee - Agenda - 10/3/2018 - P120

Finance Committee - Agenda - 10/3/2018 - P121

By dnadmin on Mon, 11/07/2022 - 11:27
Document Date
Fri, 09/28/2018 - 14:44
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/03/2018 - 00:00
Page Number
121
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100320…

AMENDMENT No. 1
TO
CONTRACT
FOR SERVICE PROVIDER,

LONG-TERM MANAGEMENT OF WASTEWATER BIOSOLIDS
RFP1088-020416

BETWEEN
CITY OF NASHUA
AND
NEW ENGLAND WASTE SERVICES oF ME, INC. D/B/A CASELLA ORGANICS

OWNER: SERVICE PROVIDER:

City of Nashua, NH (signature) Casella Organics (signature)

James Donchess, Mayor

(Printed Name and Title) (Printed Name and Title)

Date Date

LONG-TERM MANAGEMENT OF WASTEWATER BIOSOLIDS
NEW ENGLAND WASTE SERVICES of ME, INC. d/b/a CASELLA ORGANICS
Amendment #1

Page Image
Finance Committee - Agenda - 10/3/2018 - P121

Finance Committee - Agenda - 8/17/2022 - P75

By dnadmin on Sun, 11/06/2022 - 21:45
Document Date
Fri, 08/12/2022 - 13:02
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/17/2022 - 00:00
Page Number
75
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081720…

(continued)

Govermmmental Activities

Aerial Tower Truck

Nashua Enterprise Resource Planning (ERP} System
Multi-Year Road Paving Project

Fire Pumper Truck

Multi-Year Road Paving Project

Sunset Heights School Renovations

Burke Street Property

Multi-Schools Roof Replacement

Anherst Street/Charon Avenue

Mine Falls Dam

Broad Street Parkway

LED Street Lights

Spit Brook Road Fire Station Improvements
Mine Falls Dam (Di Minimus)

Amherst Street/Charon Avenue

Burke Street Property

School Roofing

Police HVAC & Window Improvements
School Improvements

Public Health Building

City Buildings (Public Health)
Hydroelectne Dam

Fairgrounds Middle School

Performing Arts Center (General Fund Supponed)
Performing Ans Center (TIF Supported)
Pennichuck Corporation Acquisition Bonds

Total Governmental Activities

67

Senal
Maturities
Through

7/15/2034
7/15/2034
1/1/2034
1i/ 1/2034
8/1/2035

10/1/2035
10/1/2035
10/1/2035
10/1/2035
3/15/2037
3/15/2037
3/15/2037
3/15/2037
3/15/2037
3/15/2037
9/15/2038
9/15/2038
11/1/2039
EI/1/2039
8/1/2040

8/1/2040

1/15/2041
8/1/2045

1/15/2046
1/15/2046
1/15/2042

Interest
Rate %

2.53%
2.53%
1.94%
1.92%
1,32%
2.23%
2.23%
2.23%
2.23%
3.42%
2.72%
2.72%
2.73%
2.73%
2.68%
3.16%
3.15%
2.45%
2.18%
162%
1.62%
1.65%
1.93%
1.91%
1.91%
4.09%

Amount
Outstanding
as of
6/30/21

950,000
420,000
6,170,000
615,000
6,569,500
8,830,000
2,265,000
1,080,000
380,000
3,090,000
1,645,000
1,645,000
1,365,000
400,000
370,000
1,440,000
1,012,000
1,540,000
360,000
1,300,000
614,000
6,085,000
6,400,000
15,396,667
5,463,333
119,745,000

5 __ 260,827,500

(continued}

Page Image
Finance Committee - Agenda - 8/17/2022 - P75

Finance Committee - Agenda - 10/3/2018 - P122

By dnadmin on Mon, 11/07/2022 - 11:27
Document Date
Fri, 09/28/2018 - 14:44
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 10/03/2018 - 00:00
Page Number
122
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__100320…

Revised BID SUMMARY SHEET ~ Addendum 2

RFP1088-020416
Hourly Transport Costs
PROJECT PRICING Normal Transport of Non Class B
Glass 8 Bissolids Biosolids Only
1. Pricing for three calendar years, per wet fon to pick up, transport
and dispose of the City of Nashua’s biesolids (including 420.00
containen. Amount te be inveiced and paid on a monthly basis. g 40.90 ber wet fon $ ow per hr
Optional services:
2. ‘Pricing for fourth calendar year per wet fon fo pick up, transport
and dispose of the City of Nashua’s biosolids (including 44.72 429.40
container}. Amount to be invoiced and paid on a manthly basis. g : per wet ton s “per he
3. Pricing for fifih calendar year per wet ton to pick up, transport
and dispose of the City of Nashua's biosolids (including 42.55 424.85
container). Amount to be invoiced and paid on a monthly basis. $ : per wetion Ss per hr
4. Pricing for sixth calendar year per wet ton to pick up, transport
and dispose of the City of Nashua’s biosolids {including 43,40 427.35
container). Amount to be invoiced and paid on a monihly basis. § “ per welton § : per hr
§. Allowance for fuel cost adjustments $20,000 over duration of contract

NOTE: Class 6 biosolids costs include management, transport and disposal costs. Non-Class B disposal costs include management and transportation costs on 2
combined hourly basis (does not include additional disposal costs to dispose at a site}.

Comments, Exceptions, Additional Pricing Information:

Please see proposal for alternate proposal for transportation and disposal of non-Class B Biosolids, and tormilla tor jel cost adjustments above $3.00 per gallon

Seren, Puget Nag 2oHL eeiites of ME, Inc. d/b/a Casella Organics
110 Main Street, Suite 1308, Saco, ME 04072

Phone: 1-800-933-6474 Fac 603-228-2010
Patrick. Ellis@casella.com

E-mail:

, Lif] FE ne |
Michael R. Hodge, Vide-Preside ao

(Printed Name and Tile}

RFP1088-020415 MANAGEMENT OF WASTEWATER BIOSOLIDS ADDENDUM 2 Page f of 7

Page Image
Finance Committee - Agenda - 10/3/2018 - P122

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