Search

27.

28.

29.

30.

31.

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.

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 12 of 12

EXHIBIT B

City of Nashua RFP

Universal Wastes
Electronics/Fluorescents)

Recycling Program

I)

(B 1058-031612
03/16/2021

THIS FORM MUST BE SUBMITTED VATH ALL RESPONSES TO THIS RFP

BID FORM

PROJECT IDENTIFICATION: UNIVERSAL WASTES RECYCLING PROGRAM

CONTRACT IDENTIFICATION AND NUMBER: RFP1058-031624

THIS BID IS SUBMITTED TC: City of Nashua, New Hampshire
Purchasing Department
229 Main Street, City Hall
Nashua, NH 03061-2019

1. The undersigned Vendor proposes and agrees, if this proposal is accepted, to enter into an agreement
with the City in the form included in the RFP Documents to perform all Work as specified or indicated
in the RFP Documents for the prices and within the times indicated in this proposal and in accordance
with the other terms and conditions of the RFP Documents.

2. The Vendor accepts all of the terms and conditions of the Advertisement or Request for Propasais and
Instructions for Bidders, including without limitation those dealing with the disposition of Security. The
proposal will remain subject to acceptance for ninety 90 days after the day of proposal opening, or for
such longer periad of time that Vendor may agree to in writing upon request of the City.

3. In submitting this proposal, Vencor represents, as set forth in the Agreement, that:

A. Vendor has examined and carefully studied the RFP Documents and the following Addenda,
receipt of all which is hereby acknowledged.

Addendum No. Addendum Date

B. Vendor has visited the Site and become familiar with and is satisfied as to the general, local
and site conditions that may affect cost, progress, and performance of the work.

BF-1of7

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS REP

Vencor is familiar with and is satisfied as to all federal, state and local Laws and Regulations
that may affect cost, progress and serformance of the Work,

Vendor has obtained and carefully studied {or assures responsibility for having done so) ail
additional or supplementary examinations, investigations, expiorations, tests, studies and
cata concerning conditions (surface, subsurface and Underground Facilities} at or contiguous
to the Site which may affect cost, progress, or performance of the Work or which relate to
any aspect of the means, methods, techniques, sequences, and procedures of construction to
be employed by Vendor, and safety precautions and programs incident thereto.

Vendor does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the determination of this bid for performance of the Work
at the price(s) bid and within the times and in accordance with the other terms and
conditions of the RFP Documents.

Vendor is aware of the general nature of work to be performed by the City and others at the
Site that relates to the Work as indicated in the RFP Documents.

Vendor has correlated the information known to Vendor, information and observations
obtained from visits to the Site, reports and drawings identified in the RFP Documents, and all
additional examinations, investigations, explorations, tests, studies, and data with the RFP
Documents.

Vendor has given written notice of all conflicts, errors, ambiguities, or discrepancies that
Vendor has discovered in the RFP Documents, and the written resolution thereof by the City
is acceptable te Vendor.

The RFP Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance of the Work for which the proposals submitted.

Vendor further represents that this proposal is genuine and not made in the interest of or on behalf
of any undisclosed individual or entity and is not submitted in conformity with any agreement or
rules of any group, association, organization or corporation; Vendor has not directiy or indirectly
induced ar solicited any other Vendor to submit a false or sham proposal; Vendar has not solicited or
induced any individual or entity to refrain from bidding: and has not sought by callusion te cbtain for
fiself any advantage over any other Vendor or over the City.

BF-2 of 7

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS REP

The requirements of the New Hampshire Revised Statutes Annotated shall apply to this project. The
Vencor is responsible for compliance with all applicable statutes. The entire set of the Revised Statutes
Annotated is available online at:

ttp://gencourt state. nh.us/rsa/html/indexes/default. htm!
Vendor will complete the Work in accerdance with the Contract Documents for the following prices:

A. Vendor acknowledges that estimated quantities are not guaranteed, and are sclely for the
purpose of comparison of proposals, and final payment for all Unit Price Bid items will be
based on actual quantities provided, determined as provided in the Contract Documents.

The following documents are attached to and made a condition of this Proposal:

A. Bid Form — which includes a tabulation of Subcontractors, Suppliers and other individuals and
entities required to be identified in this Proposal;

B. Bid Bond;
C. Attachment A— Qualification Statement;
D. Attachment B- Accepiabie and Unacceptable Items;

E. Attachment C— Proposal Costs;
F. Attachment C.1- Itemized Billing Costs for a Sample Load;
G. Attachment D— References; and

H. Any and all addendums issued after the release of this RFP. Upon issuance, addendums can be
found on the City website or on Bid Express with the criginal proposal documents

Cammunications concerning this Proposal shall be
addressed to: (Contractor's mailing address to be filled in
by Vendor}

North Coast Services, LLC

44 Locke Road
Concord, NH 03301

BF-3of 7

FHIS FORM MUST 86 SUBMITTED VWATH ALL RESPONSES TO THIS BFP

229 Main Street, City Hall
Nashua, NH 03061-2019

March 15 .
SUBMITTED on aw : 20 21

North Coast Services, LLC
Business Name (typed or printed):

LJ individual EX] Partnership [| Corporation [| Joint Venture
Type:
(] Genera! L_] General
L] Publicly Traded [| Professional
[] Limited 1 Services

[] Other [A Limited Liability

=
ee (SEAL)
Nd (individual's Signature, General Partner, Officer with authority to sign}

Doing Business as): North Coast Services, LLC

. 44 Locke Road
Business Address: a

Concord, NH 03301

603 - 610 - 7901 TFATCHERIC@NCOASTLLC.COM

Ernail:
01/25/2011 New Hampshire

Phone:

Date and State of Organization:

Date and State of Incorporation:

Date of Qualification to do business is 01/25/2011

Names of Current General Partners/Executive Officersficint Partners

a HARE i
*Thomas Fatcheric

Joint Partner

*William Andrews Joint Partner

(Indicate managing partner by an asterisk *}

Address for receipt of official communications:
44 Locke Road

Concord, NH 03301

Fach joint ventured must sign. The manner of signing for each indivicual, partnership and corporation that is a
party to the joint venture should be in the manner indicated above,

BF -4 of 7

THIS FORM MUST &E SUBIAITTED VATHALL RESPONSES 710 THIS AFP

Address for receipt of official communications:
44 Locke Road

Concord, NH 03361

Fach joint ventured must sign. The manner of signing for each individual, partnership and corperation that is a
party to the joint venture should be in the manner indicated above.

BE-5 of 7

THIS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS RFP

UST OF
SUBCONTRACTORS
{to be submitted with proposal)

The name and address of each subcontractor who will be paid at least five percent {594} of the prime contractor s
totai proposal shall be listed below. To be deemed a responsive proposal, this form must be submitted even if no
subcontractors are required to be listed. in that case, the Vendor should state "None" (or similar language stating
that no subcontractors need to be listed) in the space below.

5
Dn EGren is AERP ED ne

S & J Transportation - 251 Calef Hwy, Lee,NH 03861 Trailer pick-up/Delivery

BF -6 of 7

LPNS FORM MUST BE SUBMITTED WITH ALL RESPONSES TO THIS AFP

in compliance with your RFP, we hereby submit our proposal for the above project. Having examined the plans
and specifications and being familiar with all of the conditions surrounding the construction of the proposed
project, Including the availability of materials and labor, we hereby propose to furnish all supervision, labor,
materials and supplies, and to construct the project in accordance with the contract documents, dated

February 23, 2021 Including Addenda noted below.

EXPERIENCE AND QUALIFICATIONS: —

Qualification Statement: detailing experience on similar projects of scope, size & scale.

References: include at least 3 professional references (business name, contact, email address & phone number).
References may be contacted as part of our preliminary bid review to assist project committee in assessing

Vendor qualifications. Current City of Nashua personnel and elected officials shall not be used as references.

City Projects: Provide a list of sroject awards Vendor has received from the City of Nashua in the past 5 years.
Piease include project cetail, City department and City project lead.

Acknowledgement is made of receipt of the following addenda:

if notice of acceptance of this proposal is given to the undersigned within ninety 90 days after the date of opening
of bids, or any time thereafter before this bid is withdrawn, the undersigned will execute and deliver a contract
in the prescribed form within 10 days after the contract has been presented to them for signature.

immigration Reform and Contro! Act of 1986: The undersigned certifies that it does not and will not during the
performance of this Contract violate the grovisions of the Federal Immigration Reforrn and Contro! Act of 1986,
which prohibits employment of illegal aliens,

DISQUALIFICATION OF CONTRACTORS: By signing this proposal, the undersigned certifies that this
person/firm/corporation is not currently barred from bidding on contracts by any Agency of the State of New
Hampshire, nor is this person/firm/corgoration a part of any firm/corporation that is currently barred
from bidding on contracts by any Agency of the State of New Hampshire.

either the undersigned or ane of the following individuais, if any, is authorized to modify this proposal prior to the
deadline for receipt of bids by writing the modification and signing their name on the face of the proposal, on the
envelope in which it is enclosed, on a separate document, or on a document which is faxed to the City or by
sending the City's representative an e-mail message:

Deborah A. Fatcheric

BF-7 of 7

ATTACHMENT A North Coast Services, LLC

44 Locke Road
PROPOSAL QUALIFICATION STATEMENT Concord, NH 03301

Related Experience

North Coast Services, LLC has been providing universal, electronic and specialty waste
services throughout New England for the past 10 years. We are proud to offer this
experience in assisting the City of Nashua with the collection and management of these
materials. The managing partners of North Coast Services, LLC bring decades of waste
and recycling experience from management of Hazardous Waste to and including direct
oversight of municipal collection programs. North Coast Services currently provides
service to over 100 municipal! collection points and many private sector businesses
collecting from residential sogrces. Current municipal service requirements range from
on call services to customers regu ring. multiple pickups per week. Our direct service is
performed using tractors andAifi-gated or dry van trailers.

Description of security assurance to prevent theft of
personal / confidential: ‘information in the processing and
disposition of e-waste.

von
North Coast Service cr elated to the proper handling and
processing of data contay i hing devices tha mia. ed as part of the waste stream.
North Coast utilizes a éombination.of ‘Carne atl ‘destruction technology and handling
procedures to ensure safe management of such devices. Devices are isolated upon receipt
and moved to a secure location: for data destruction and handling. Once destroyed, drives
are shipped off site for destructign/recycling, We are confident we can provide the City
with a program that will meetithe concerns of the program and not add extra cost.

ay TR

Mee. Lop “peda,
tat EOE ER Ey

Documentation of regulatory compliance

North Coast Services, LLC operates its primary collection, consolidation and recycling
facility at 44 Locke Road, in Concord, New Hampshire. We can demonstrate appropriate
compliance and handling of materials managed through the facility through in-bound and
out-bound reporting and documentation of shipments to designated downstream processors.
We are pleased to share any information, as necessary to make the City comfortable with our
systems.