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.
2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Independent Contractor shall
furnish all services, equipment, and materials and shall perform all operations necessary and required to
carry out and perform in accordance with the terms and conditions of the contract the work described.
DESCRIPTION OF THE WORK:
Independent Contractor shall provide the appropriate containers for loading dewatered sludge cake for
removal from the Nashua Wastewater Treatment Facility (NWTF). The Independent Contractor will
remove the entire amount of dewatered wastewater Biosolids (approximately 30-35 wet tons per day)
generated at the NWTF during regular work hours of Monday-Friday (7:00 am to 2:00 pm) and on
weekends as necessary. There is no guarantee on the quantity of Biosolids. All Biosolids shall be hauled
off site as soon as possible after dewatering, within 24 hours after notification. In general, there are 4 -7
loads to be removed M-F, depending on the quantity of sludge being dewatered.
All Biosolids are the property of the Independent Contractor. All removal and hauling must be lawful, and
must be performed under proper State permits. No Biosolids may be utilized or disposed of improperly or
in a non-licensed, non-qualified/non-state approved manner. To do so will constitute a violation of this
Agreement.
In the interest of utilizing the Biosolids in a manner most beneficial to the environment, the Independent
Contractor shall have a plan for land application of Biosolids. Alternate means for beneficial use of
Biosolids will also be considered and may be allowed with prior written consent of the City. Information
should be provided in the proposal that demonstrate beneficial environmental use of Biosolids will occur.
The Independent Contractor will manage the Biosolids directly and will not act as a broker. Subcontracting
to a qualified sludge hauler will be allowed upon written approval of the Director of Public Works N. A
dedicated driver and/or Independent Contractor manager shall be provided who will be held accountable to
work with NWTF on scheduling and shall inform the City of any delays in the schedule. The NWTF shall
make reasonable attempts to contact the driver and/or Independent Contractor manager to report holding off
on a delivery if the truck load is not full. There shall be no back charges for a driver who shows up but
cannot take the load since it was not full provided the NWTF has made a reasonable attempt to contact the
provider/Independent Contractor ahead of time. A list of other contacts shall be provided should the
manager not be available to contact. The truck used for hauling shall have a valid Sludge Hauler Permit
with New Hampshire Department of Environmental Sevices-Wq 800 regulations. All other governing laws
and regulations for hauling sludge shall be followed.
3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work within the time
periods set forth and shall only be altered by mutually approved written agreement to extend the period of
performance or by termination in accordance with the terms of the contract. Independent Contractor shall
begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City of
Nashua.
The contract will be for initial period of three (3) years, with first year commencing on July 1, 2019 and
terminating on June 30, 2022. The City will consider three (3) additional one (1) year extensions of the
contract upon satisfactory performance of the vendor. Each year of the contract (the initial three (3) years
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