rfp-des-2025-14.pdf

The State of New Hampshire

DEPARTMENT OF ENVIRONMENTAL SERVICES

Winnipesaukee River Basin Program

Maintenance Shop 202 Water Street Laconia, NH 03246

(603) 528-6746 Fax (603) 528-6147

February 11, 2025

Request for Proposal (RFP) for Secondary Digester #1 Cleaning

The New Hampshire Department of Environmental Services (NHDES) operates a regional wastewater treatment facility located at 528 River Street, Franklin, NH under its Winnipesaukee River Basin Program (WRBP). The WRBP is soliciting proposals to clean out/remove, dewater and dispose of residual solids from one of the plant’s secondary anaerobic digesters. Since all four digesters are in operation during summer and autumn months and due to solids loading limitations at the treatment plant, Secondary Digester #1 will not be available for cleaning until after April 1, 2025. The contract work must be completed before May 16, 2025.

The material in the digester is quite dense and is covered by a mat of undetermined and variable thickness. In past cleanings of the digesters, it has been necessary to break up and mix this mat and to add water to create a pumpable slurry. There are three 27-inch access hatches and one 48-inch manhole spaced around the digester cover. The digester cover cannot be removed for cleaning. Proposing firms are encouraged to take and evaluate samples of the material in the digester to aid in the preparation of their proposal.

The selected contractor will be solely responsible for errors or omissions; therefore, it is strongly suggested each proposing firm arrange a visit prior to finalizing their proposal. This will provide contractors an opportunity to evaluate access to the work site and evaluate the level of effort needed to complete the work. Since the tank is in service and must be opened up prior to inspection and sampling, proposing firms wishing to take samples or visually inspect the tank through the access hatches or manhole must contact the WRBP so that a single time for isolating the vessel from the system and opening the hatches can be coordinated. The WRBP will attempt to schedule a time that is convenient to all proposing firms requesting such access.

Proposed Contract

The selected firm will be under contract to the WRBP. We include herein a blank copy of a standard state service contract (form P-37), as well as EXHIBITS A, B and C. We suggest you review the general contract conditions shown on the P-37 Agreement. Note that the contractor will be required to provide certificates documenting the insurance specified in Item 14 of the P-37. Should your firm be selected to do the work, a “Notice of Intent to Award”, along with a contract for execution, instructions for completing a “Corporate Resolution” authorizing the person who signs the P-37 to do so, and for obtaining a current “Certificate of Good Standing” from the NH Secretary of State’s Office. In order to be current, the certificate must be dated after April 1, 2024 (or after April 1, 2025 if the contract has not been approved before its expiration). The selected firm shall also need to be an approved vendor with the state.

Any corporation, individual (sole proprietorship) or partnership doing business with the state must be registered and in good standing with the New Hampshire Secretary of State’s Office in order to process a contract. If the company is not registered with that office, it will have 14 days to become registered. If the company is not registered at the end of 14 days, it will be at the WRBP’s discretion to disregard the company’s proposal.

When the original contract documents are returned, the contract will be processed for approval. This process typically takes six to eight weeks after the original contract documents are returned.

Proposal Submission and Basis of Award

If you have any questions regarding this RFP, please contact Mark Corliss at mark.a.corliss@des.nh.gov or (603) 934-9926 between the hours of 8:00am and 3:00pm Monday through Friday. The RFP and any addenda may be downloaded directly from the state’s purchasing website at: https://apps.das.nh.gov/bidscontracts/. It is the responsibility of the proposing firm to check for addenda.

The completed, hand signed/initialed, and dated Exhibits A, B, and C need to be returned with the proposal submission. Names, addresses and phone numbers of a minimum of three references familiar with the proposing firm’s pertinent services and capabilities shall also be submitted with the proposal. A brief description of the service(s) performed for each reference should also be included. References should demonstrate experience in projects similar to those described in the Scope of Service and knowledge of construction safety, materials and methods.

The contract award shall be based upon the lowest total cost for the services as shown on Exhibit C “Cost and Terms of Payment” from a qualified firm. The WRBP reserves the right to determine what constitutes a conforming proposal; to determine if a firm or individual is qualified; to waive irregularities that it considers not material to the proposal; and award the contract solely as it deems to be in the best interest of the state.

All proposals must be received by the NHDES-WRBP, Franklin Wastewater Treatment Plant, P.O. Box 68, 528 River Street, Franklin, NH 03235 no later than 3:00pm on March 15, 2025. Exhibits A, B, and C and references shall be completed and returned as the proposal response. See RFP for additional proposal requirements.

All mailed or hand delivered proposals must be enclosed in sealed envelopes that are clearly marked “Secondary Digester #1 Cleaning”. Emailed proposals shall clearly be titled “Digester #1 Cleaning” and emailed to mark.a.corliss@des.nh.gov.

Inquiries regarding this RFP should be directed to Mark Corliss, Chief Operator or Sam Wood, Assistant Chief Operator at the treatment plant; telephone numbers are (603) 934-9926 or (603) 934-9925.

Very truly yours, Mark Corliss NHDES-WRBP, Franklin WWTF Chief Operator

Enclosures cc: Sharon McMillin, Environmental Program Administrator, NHDES, Water Division, WRBP-Franklin Ray Gordon, Administrator III, NHDES, Water Division, WRBP-Franklin Sam Wood, Assistant Chief Operator, NHDES, Water Division, WRBP-Franklin Joe Irving Maintenance Superintendent, NHDES, Water Division, WRBP-Laconia mailto:mark.a.corliss@des.nh.gov https://apps.das.nh.gov/bidscontracts/ mailto:mark.a.corliss@des.nh.gov

Request for Proposal (RFP) for Secondary Digester #1 Cleaning Introduction The New Hampshire Department of Environmental Services (NHDES), Winnipesaukee River Basin Program (WRBP) owns and operates the Franklin Wastewater Treatment Facility (WWTF) located at 528 River Street in Franklin, New Hampshire. The WRBP is soliciting proposals to clean out/remove, dewater, and dispose of residual solids from one of the plant’s secondary anaerobic digesters. The proposal process will result in a contract with the State of New Hampshire which must receive approval of the Governor and Executive Council.

Any company doing business with the State of New Hampshire must be registered and in good standing with the NH Secretary of State’s Office.

Description of Existing System and Site Conditions The Franklin wastewater treatment plant, to meet EPA’s 503 sludge regulations, utilizes anaerobic digestion to stabilize solids generated from the treatment of wastewater and septage. There are four digestion tanks - two primary and two secondary digesters. They are 60 feet in diameter. Each has a working volume of about 600,000 gallons, having sidewall depths of 28.5 feet and a sloped, cone-shaped bottom with an additional depth of 7.5 feet. The cone contains approximately 53,000 gallons, and each inch of the sidewall equals 1,765 gallons.

The material in the digester meets the EPA’s 40 CFR 503 Standards for class B pathogen reduction and vector attraction reduction. Once the contractor begins dewatering, samples of the digester’s solids will be taken by the WRBP and tested to verify compliance with the current federal and state quality standards and the terms of the contract. Only dewatering using centrifuges will be allowed under this contract. Alternative dewatering methods are not effective and have led to plant operational issues.

Dewatering of anaerobically digested sludge may result in high recycle loads to the headworks of the treatment plant which can rapidly impact the treatment process, severely degrade effluent quality, and cause us to violate our NPDES permit. The recycle is high in ammonia and BOD and, depending upon the capture rate of the dewatering equipment, recycle may also be high in suspended solids. The WRBP has experienced these problems in past contract dewatering projects or when large quantities of supernate are drawn from the digesters and recycled it through the plant. Concerns with the quality of the contractor’s recycled flow are noted to make the contractor aware that the WRBP will be closely monitoring the capture rate of the dewatering process and that, on occasion, it may be necessary to request that the contractor take steps to reduce their recycle load to the treatment plant. The action may include requirements such as operating the dewatering equipment to increase its capture rate or reducing the number of hours each day the contractor processes solids from the digester. The hours of dewatering will be limited to 8 hours a day, 7:00am to 3:00pm, Monday through Friday, unless otherwise mutually agreed upon arrangements are made with the Chief Operator, after his evaluation of the equipment’s operation has assured him that the additional recycled flows will not cause operating difficulties or process upsets.

Safety The WRBP operates an active safety program, with a safety committee and safety manual that augments DES Safety requirements. The selected contractor shall comply with all WRBP safety rules, in addition to all applicable state and federal worker safety laws and regulations, including those dealing with confined spaces.

The plant’s digester covers are confined spaces (permit required) as per OSHA definition in 29 CFR Part 1910 and the NH Department of Labor Safety Regulations. Attached is Figure 7.1 taken from the WRBP’s confined space policy which shows expected hazards and required precautions for these confined spaces. Prior to beginning work, the contractor must provide WRBP a copy of the confined space program that the contractor intends to follow or provide details of the contractor’s confined space program. Exhibit A of the contract shall contain a

Certification Statement from the contractor stating compliance with OSHA confined space regulations. The contractor is responsible for all the safety equipment and procedures required in Figure 7.1 and the contractor’s confined space program.

Disposal of dewatered biosolids The Contractor will be responsible for the transport and disposal of the digester material (biosolids) after it has been dewatered and debris removed under this digester cleaning and dewatering contract. The biosolids produced by the wastewater treatment plant are in compliance with the U.S. Environmental Protection Agency’s 503 sludge regulations governing anaerobically digested sludge, meet the Table 3 limits of 503.13, are suitable for land application, and are conditioned with polymer. The contractor is responsible for dewatering the digester contents using a centrifuge and polymer into a roll-off container or dump truck supplied by the contractor that is awarded the project. The disposal of the biosolids is also the responsibility of the contractor awarded the project.

To summarize, the contractor will remove material from the digester, screen and macerate the material prior to dewatering it using polymer. Polymer is to be supplied by dewatering contractor. The contractor’s proposal is based on maintaining a continuous minimum 24% cake solids. A watertight container or watertight dump truck will be supplied by the contractor to receive dewatered sludge from the centrifuge. It is required that the digester material be screened and macerated by the contractor to remove rags and plastics to be in compliance with New Hampshire’s Sludge Management Rule Env-Wq 806.08 (f) for land application and/or landfill requirements to minimize visible or identifiable plastics or other non-biodegradable solids as required for compliant disposal. Contractor is responsible for compliant off-site transport and disposal of all digester materials.

Contractor Proposal and Responsibilities The contractor shall be responsible for the following work and for providing a brief narrative discussing the following in their proposal submittal.

1. The contractor will be responsible for supplying power to run their dewatering equipment and all other equipment associated with the digester cleaning. It will be the contractor’s responsibility to connect all the equipment to the power source that they have provided for the digester cleaning.

2. Method of pumping and transferring digester contents.

3. Anticipated time frame during which the project will be completed given that all work, including final rinse down and work area clean up, shall be completed by May 16, 2025.

4. Conditioning and dewatering method, and the anticipated percent solids after dewatering (minimum 24 percent required). Dewatering equipment should provide at least 95 percent solids recovery; however, the maximum concentration of Total Suspended Solids (TSS) in the recycle flow will be no greater than 250 mg/l.

Samples will be a composite sample consisting of grab samples taken throughout the day tested by the

WRBP.

5. Completed Exhibits A, B, and C shall be returned as part of the proposal submittal. The contractor shall quote a cost for dewatering for cake solids of a continuous minimum of 24 percent.

6. Costs incurred in the preparation of proposal in response to this RFP shall be the sole responsibility of the firm submitting the proposal.

7. Costs incurred for the disposal site selection and approvals shall be the sole responsibility of the contractor.

8. Each proposing firm shall provide a minimum of three (3) references for similar work and other documentation as outlined in the Qualifications of Proposing Firms in their proposal. Contact information shall be current and a brief description of the scope of work performed shall be included with the proposal.

The summary must include company or facility name, contact person, address, telephone number, as well as a description of project including volume/quantity of solids in sludge cake and duration of project.

WRBP Responsibilities The WRBP will provide an unlimited amount of plant water (60 psi, non-potable water) for dilution and wash water. A manhole accessing Tunnel #4 sump that is located in the area where the contractor will be working will be used to discharge centrate from the contractor’s dewatering equipment.

The contractor’s work shall be monitored by the WRBP to assure that a continuous minimum of 24 percent cake solids and the centrate TSS of 250 mg/l is provided by the contractor. The monitoring shall consist of a daily composite sample of dewatered sludge, taken over the course of the workday by WRBP staff, which shall be tested for “percent solids”. In addition to the daily composite sample, the WRBP will obtain and analyze discrete samples of the dewatered sludge to ensure contractor compliance with 24 percent minimum cake solids.

Qualifications of Proposing Firms Firms submitting proposals must provide documentation of experience, ability, and availability of the firm to perform the Scope of Work in the timeframe allowed. The contractor shall perform all their own work unless subcontractors are approved in advance by the WRBP. It is strongly suggested that any proposed subcontracts be identified in the proposal to expedite such an approval prior to contract award.

The contractor will be solely responsible for errors or omissions and for their subcontractors, if any. Therefore, it is strongly recommended that each prospective contractor visit the treatment plant prior to finalizing their proposal. This will provide contractors an opportunity to evaluate access to the project and site conditions, with respect to their own equipment, and evaluate the level of effort needed to complete the project. Site visit requests shall be coordinated with the WRBP contact person provided below.

Basis of Bid Award The contract award shall be based upon the lowest total cost for services as depicted on Exhibit C “Cost Proposal and Terms of Payment” from a qualified firm that meets all the conditions of the solicitation. The Department of Environmental Services and the State of New Hampshire reserve the right to accept or reject any and all proposals. The WRBP reserves the right to determine what constitutes a conforming proposal; to determine if a firm or individual is qualified; to waive irregularities that it considers not material to the proposal; and award the contract solely as it deems to be in the best interest of the State.

General Requirements The chosen contractor shall be under contract to the New Hampshire Department of Environmental Services.

We include as an attachment a standard State Service Agreement (P-37). We suggest review of the general conditions shown on the Agreement (P-37), including the insurance requirements contained in Item #14. n insurance certificate, naming the NHDES-WRBP as an additional insured, that meets the minimum insurance requires is required for contract execution.

Should your firm be selected to do the work, we will send you a “Notice of Intent to Award” along with a contract form for execution and instructions for executing the contract and complying with the other requirements. In addition to this form and the three Exhibits, the contract documents included: A “Corporate Resolution” authorizing the signatory to enter into a contract for the work; an insurance certificate meeting the requirements shown in the P-37; and a “Certificate of Good Standing” from the NH Secretary of State’s office. Be aware that any corporation, individual (sole proprietorship) or partnership doing business with the State must be registered and in good standing with the New Hampshire Secretary of State’s Office in order to process a contract. The contractor will be responsible for providing the WRBP with a current Certificate of Good Standing issued by the NH Secretary of State dated after April 1, 2024. If, at the time of award, the contractor is not registered and in good standing, The WRBP will allow fourteen days to complete this required process.

After this period of time, the WRBP may choose to deem the contractor’s proposal unqualified.

The Department expects to notify the selected contractor within five (5) days of receipt of proposals. When all the contract documents are returned to us, a contract will be executed by the New Hampshire Department of Environmental Services Commissioner and approved by the Attorney General’s office. The Contract will then require the authorization of the Governor and Executive Council of the State of New Hampshire. We expect approval will follow selection after contract preparation, submittal and these approvals, a process that typically takes 6-8 weeks. The Agreement will extend from Governor and Council approval through June 30, 2025.

Contact Person All inquiries regarding this RFP should be directed to Mark Corliss, WWTF Chief Operator, between the hours of 7:00am and 3:30pm, Monday through Friday, at the WRBP main office at (603) 934-4032 or via email to mark.a.corliss@des.nh.gov. The RFP and any addenda may be downloaded directly from the State’s purchasing website: https://apps.das.nh.gov/bidscontracts/bids.aspx. It is the responsibility of the proposing firm to check for addenda.

Proposal can be mailed to the WRBP Franklin WWTF, PO Box 68, Franklin, NH 03235, or delivered to the WRBP Franklin WWTF at 528 River St., Franklin NH 03235 in sealed envelopes clearly marked “Proposal for Secondary Digester Cleaning” or emailed to Mark Corliss at the email address above. Note that the US Postal Service does not deliver directly to the WWTF so, regardless of delivery means, it is the responsibility of the proposing firm to confirm receipt of their proposal before the deadline.

All proposals must be received by the Department of Environmental Services, Winnipesaukee River Basin Program, Franklin WWTF, PO Box 68, 528 River St., Franklin, NH 03235, no later than 3:00pm on March 15, 2025.

Attachments:

Exhibits A, B, and C Contract Agreement Form P-37 Figure 7.1 – potential hazards and precautions associated with WRBP Digesters Record Drawing of Secondary Digesters

Initials___________ Date____________

EXHIBIT A

SPECIAL CONDITIONS

Item 1- Waste Disposal

Waste disposal by Contractor shall be in accordance with all applicable federal, state, and local regulations governing such waste.

Item 2 – Confined Space

CONFINED SPACE CERTIFICATION

I,____________________________________, of

(Name)

(Company Name) hereby certify that the confined space policy of

(Company Name) complies in all aspects with the Federal Occupational Safety and Health Standards (OSHA), 29 CFR Part 1910 and that

(Company Name)

Possesses all equipment required for compliance with all provisions of the rules.

EXHIBIT B SCOPE OF SERVICES

Background Secondary Digester #1 has been in service continuously since it was last cleaned in 2018. Historically, all but approximately 220,000 gallons of material can be removed from the tank. At this volume, the material has a typical solids content between 4 and 7 percent. Rainfall and other precipitation that may occur between the time when all, but the 220,000 gallons of material is removed from the tank and the time when the contractor begins work will likely cause an increase in the volume, but the contract scope shall be based on the solids in the digester, which will not increase.

The material in the digester is quite dense and is covered by a mat of undetermined and variable thickness. In past cleaning of other digesters, it has been necessary to break up and mix this mat and to add water to create a pumpable slurry. There are three 27-inch access hatches and one 48-inch manhole spaced around the digester cover. The digester cover cannot be removed for cleaning.

Scope of Work The contractor shall remove material from the digester, screen, macerate, and then dewater it using a centrifuge and polymer to a continuous minimum of 24 percent solids. Polymer is to be supplied by the contractor. Digester material shall be screened (mesh on the screen shall be no larger than ½ inch) and then macerated to shred any material that passes through the screen. The contractor shall dewater the digester contents into a watertight container or dump truck supplied by the contractor. The Contractor is also responsible for selection of, and approvals into, appropriate disposal site(s), transport and disposal of the dewatered material and debris. After the disposal of the material the contractor will provide the WRBP a copy of the weight slips for each load and/or manifests to confirm compliant disposal.

Dewatering of anaerobically digested sludge may result in high recycle loads to the headworks of the treatment plant which can rapidly impact the treatment process, severely degrade effluent quality, and cause the WRBP to violate its NPDES permit. The recycle is high in ammonia and BOD and, depending upon the capture rate of the dewatering equipment, recycle may also be high in suspended solids. The WRBP has experienced these problems in past contract dewatering projects or when large quantities of supernate are drawn from the digesters and recycled through the plant. The WRBP’s concerns with the quality of the contractor’s recycle flow are noted to make the contractor aware that the WRBP will be closely monitoring the capture rate of the dewatering process and that, on occasion, it may be necessary for us to request that the contractor take steps to reduce their recycle load to the treatment plant. These steps may include requirements such as operating the dewatering equipment to increase its capture rate or reducing the number of hours each day the contractor processes solids from the digester. Exercise of these steps shall not affect the contract cost or completion date.

The contractor shall use a centrifuge to dewater the digester contents using polymer into a watertight container or dump truck supplied by the contractor. Dewatering equipment (centrifuge) shall provide 24 percent solids and at least 95 percent solids recovery; however, the maximum concentration of Total Suspended Solids (TSS) in the recycle flow will be no greater than 250 mg/l. Once the contractor begins dewatering, samples of the digester’s solids will be taken by the WRBP and tested to verify compliance with the current federal and state quality standards and the terms of the contract. The material will be removed by the contractor as it is being dewatered by the contractor and disposed off-site. Only dewatering using centrifuges will be allowed under this contract. Alternative dewatering methods are not effective and have led to plant operational issues. Contractor shall provide the power required to operate the equipment necessary to fulfill contract requirements so they shall supply a generator and connections necessary to complete the scope of work.

The hours of dewatering will be limited to 8 hours a day, 7:00am to 3:00pm Monday through Friday except State Holidays. Since all four digesters are in operation throughout the summer and autumn months, and due to our solids loading at the treatment plant, Secondary Digester # 1 will not be available for cleaning until April 1, 2025. Work shall be completed by May 16, 2025.

Rag Screening and Disposal In the past, even after macerating the sludge prior to dewatering, rags and plastics were present in the dewatered material which made the biosolids unacceptable for disposal. Therefore, contractor shall screen out such materials prior to the macerating of the sludge. The contractor shall provide all equipment needed to screen out the plastics and rags before dewatering. The contractor shall include expenses for locating a disposal site, the cost of a watertight container for the screened material, the cost to properly dispose of all screened out debris material, and cost of biosolids off site trucking and disposal. Screening by the contractor shall be accomplished in a manner that does not result in sludge or liquid spills onto the ground surface per the “BMPs for Stormwater Management” practices described below.

BMPs for Stormwater Management The WRBP requires contractors to follow the plants best management practices (BMPs) to protect the storm water catch basins. The following best management practices shall apply to the contractor when dewatering Secondary Digester #1.

1. Any amount of sludge that is spilled onto the ground, including any splatters from mixing containers, will have a generous amount of lime (supplied by the contractor) spread over it as soon as the spill is detected. Once the lime has been spread over the spill, the contractor will immediately clean up the spill and deposit the material in the sludge container.

2. Cake from the dewatering equipment that falls onto the ground will be cleaned up immediately by the contractor. The dewatering area will always be kept clean.

3. While screening out the rags and mat, the contractor will pay close attention to the surrounding area for any material that falls onto the ground. The contractor will immediately pick up any material that has fallen onto the ground and deposit them into the container that is being used for the collection of such material.

4. Polymer spills will be cleaned up using vermiculite or another inert material to absorb the liquid material and then placed in the rag container.

5. The gate seals on the containers must be in good enough condition to prevent leakage when the gate is closed. Containers with holes in them that would cause leakage onto the ground or over the road shall not be allowed to be used. No container will be allowed to leave the work site if it is leaking. It will be the contractor’s responsibility to make sure containers are watertight to prevent leakage.

Contractor Responsibilities

The contractor shall be responsible for the following work.

1. The contractor shall be responsible for supplying power to run their dewatering equipment and all other equipment associated with the digester cleaning and material disposal work. It will be the contractor’s responsibility to connect all the equipment to the power source that they have provided for the digester cleaning.

2. Pumping and transferring digester contents.

3. Polymer supply, conditioning and dewatering to a minimum 24%.

4. Dewatering equipment to provide at least 95% solids recovery; however, the maximum concentration of Total Suspended Solids (TSS) in the recycle flow will be no greater than 250 mg/l. Comfirmatory sampling conducted by WRBP staff will be a composite sample consisting of grab samples taken throughout the day.

5. Equipment to screen and/or macerating the sludge. The contractor shall supply a screening device and containers with no holes for rags and plastics which will be properly disposed off-site at the contractor’s expense.

6. Mobilization on site, power, removal of the material from the digester, processing of rags and plastics and their disposal, dewatering and disposal of digester contents, final rinse down of the tank, and demobilization costs.

7. After all material is removed from the tank, the digester will be hosed clean by the contractor. Wash water used by the contractor will be removed by the contractor and discharged under the direction of WWTP staff into the manhole associated with Tunnel #4 sump.

8. Contractor is responsible for selection of, and approvals into, appropriate disposal site(s), transport and disposal of the dewatered material and all debris.

9. Contractor is responsible for compliance with all applicable state, federal and local rules, laws, and regulations and the WRBP BMPs and Safety policies, or more stringent procedures.

To summarize, the contractor shall remove material from the digester, screen and macerate the material prior to dewatering it using polymer. Polymer and centrifuge and generator for power are to be supplied by contractor. The contractor’s proposal is based on a continuous minimum 24 percent cake solids. A watertight container or watertight dump truck or roll off will be supplied by the contractor to receive the dewatered sludge from the centrifuge and transport all materials off site. It is required that the digester material be screened and macerated by the contractor to remove rags and plastics to be in compliance with New Hampshire’s Sludge Management Rule Env-Wq 806.08 (f) for land application and/or landfill requirements to minimize visible or identifiable plastics or other non-biodegradable solids as required for compliant, off-site disposal. Note that the WRBP Franklin WWTF has no current permits or permissions for land application in NH.

Information contained in the state’s Request for Proposal dated February 11, 2025, and any attachments or addenda thereto are hereby included in Exhibit B by reference.

Initials__________ Date___________

EXHIBIT C

COST AND TERMS OF PAYMENT

COST PROPOSAL:

Full payment to the contractor to complete mobilization to site, remove and dewater Secondary Digester #1 contents, properly dispose of all materials off site, rinse down digester, restore work area, and demobilize, as more fully described in EXHIBIT B.

Amount in Figures

Amount in Words

TERMS OF PAYMENT:

The amount shown above under COST PROPOSAL shall be paid as follows:

1) Ten percent (10%) of amount following mobilization on-site;

2) Eighty percent (80%) of amount following satisfactory completion of dewatering operation with verification of proper disposal off site; and

3) Ten percent (10%) of amount following satisfactory completion of digester rinse-down, demobilization, and clean-up of work area.

Contractor to be paid within thirty (30) days of submission of invoice(s), as shown above. Approval of the work does not authorize any expenditure over the price limitation.

Remit Bill To:

NHDES-Water Division Attn: Anthony Durso 29 Hazen Drive, P.O. Box 95 Concord, NH 03302-0095

I (We) agree to furnish the services specified in EXHIBIT B at the cost shown above.

Company Name

Contractor Initials_______

Date_______

Notice: This agreement and all of its attachments shall become public upon submission to Governor and

Executive Council for approval. Any information that is private, confidential or proprietary must be clearly identified to the agency and agreed to in writing prior to signing the contract.

FORM NUMBER P-37 (version 2/23/2023)

AGREEMENT

The State of New Hampshire and the Contractor hereby mutually agree as follows:

GENERAL PROVISIONS

1. IDENTIFICATION.

1.1 State Agency Name

Click or tap here to enter text.

1.2 State Agency Address

1.3 Contractor Name

1.4 Contractor Address

1.5 Contractor Phone

Number

1.6 Account Unit and Class

1.7 Completion Date

1.8 Price Limitation

1.9 Contracting Officer for State Agency

1.10 State Agency Telephone Number

1.11 Contractor Signature

Date:

1.12 Name and Title of Contractor Signatory

1.13 State Agency Signature

Date:

1.14 Name and Title of State Agency Signatory

1.15 Approval by the N.H. Department of Administration, Division of Personnel (if applicable)

By: Director, On:

1.16 Approval by the Attorney General (Form, Substance and Execution) (if applicable)

By: On:

1.17 Approval by the Governor and Executive Council (if applicable)

G&C Item number: G&C Meeting Date:

Date_______

2. SERVICES TO BE PERFORMED. The State of New

Hampshire, acting through the agency identified in block 1.1

(“State”), engages contractor identified in block 1.3

(“Contractor”) to perform, and the Contractor shall perform, the work or sale of goods, or both, identified and more particularly described in the attached EXHIBIT B which is incorporated herein by reference (“Services”).

3. EFFECTIVE DATE/COMPLETION OF SERVICES.

3.1 Notwithstanding any provision of this Agreement to the

contrary, and subject to the approval of the Governor and

Executive Council of the State of New Hampshire, if applicable, this Agreement, and all obligations of the parties hereunder, shall become effective on the date the Governor and Executive Council approve this Agreement, unless no such approval is required, in which case the Agreement shall become effective on the date the

Agreement is signed by the State Agency as shown in block 1.13

(“Effective Date”).

3.2 If the Contractor commences the Services prior to the

Effective Date, all Services performed by the Contractor prior to the Effective Date shall be performed at the sole risk of the

Contractor, and in the event that this Agreement does not become effective, the State shall have no liability to the Contractor, including without limitation, any obligation to pay the Contractor for any costs incurred or Services performed.

3.3 Contractor must complete all Services by the Completion

Date specified in block 1.7.

4. CONDITIONAL NATURE OF AGREEMENT.

Notwithstanding any provision of this Agreement to the contrary, all obligations of the State hereunder, including, without limitation, the continuance of payments hereunder, are contingent upon the availability and continued appropriation of funds. In no event shall the State be liable for any payments hereunder in excess of such available appropriated funds. In the event of a reduction or termination of appropriated funds by any state or federal legislative or executive action that reduces, eliminates or otherwise modifies the appropriation or availability of funding for this Agreement and the Scope for Services provided in EXHIBIT

B, in whole or in part, the State shall have the right to withhold payment until such funds become available, if ever, and shall have the right to reduce or terminate the Services under this

Agreement immediately upon giving the Contractor notice of such reduction or termination. The State shall not be required to transfer funds from any other account or source to the Account identified in block 1.6 in the event funds in that Account are reduced or unavailable.

5. CONTRACT PRICE/PRICE LIMITATION/ PAYMENT.

5.1 The contract price, method of payment, and terms of payment are identified and more particularly described in EXHIBIT C which is incorporated herein by reference.

5.2 Notwithstanding any provision in this Agreement to the

contrary, and notwithstanding unexpected circumstances, in no event shall the total of all payments authorized, or actually made hereunder, exceed the Price Limitation set forth in block 1.8. The payment by the State of the contract price shall be the only and the complete reimbursement to the Contractor for all expenses, of whatever nature incurred by the Contractor in the performance hereof, and shall be the only and the complete compensation to the Contractor for the Services.

5.3 The State reserves the right to offset from any amounts

otherwise payable to the Contractor under this Agreement those liquidated amounts required or permitted by N.H. RSA 80:7 through RSA 80:7-c or any other provision of law.

5.4 The State’s liability under this Agreement shall be limited to monetary damages not to exceed the total fees paid. The

Contractor agrees that it has an adequate remedy at law for any breach of this Agreement by the State and hereby waives any right to specific performance or other equitable remedies against the State.

6. COMPLIANCE BY CONTRACTOR WITH LAWS AND

REGULATIONS/EQUAL EMPLOYMENT

OPPORTUNITY.

6.1 In connection with the performance of the Services, the

Contractor shall comply with all applicable statutes, laws, regulations, and orders of federal, state, county or municipal authorities which impose any obligation or duty upon the

Contractor, including, but not limited to, civil rights and equal employment opportunity laws and the Governor’s order on

Respect and Civility in the Workplace, Executive order 2020-01.

In addition, if this Agreement is funded in any part by monies of the United States, the Contractor shall comply with all federal executive orders, rules, regulations and statutes, and with any rules, regulations and guidelines as the State or the United States issue to implement these regulations. The Contractor shall also comply with all applicable intellectual property laws.

6.2 During the term of this Agreement, the Contractor shall not discriminate against employees or applicants for employment because of age, sex, sexual orientation, race, color, marital status, physical or mental disability, religious creed, national origin, gender identity, or gender expression, and will take affirmative action to prevent such discrimination, unless exempt by state or federal law. The Contractor shall ensure any subcontractors comply with these nondiscrimination requirements.

6.3 No payments or transfers of value by Contractor or its

representatives in connection with this Agreement have or shall be made which have the purpose or effect of public or commercial bribery, or acceptance of or acquiescence in extortion, kickbacks, or other unlawful or improper means of obtaining business.

6.4. The Contractor agrees to permit the State or United States access to any of the Contractor’s books, records and accounts for the purpose of ascertaining compliance with this Agreement and all rules, regulations and orders pertaining to the covenants, terms and conditions of this Agreement.

7. PERSONNEL.

7.1 The Contractor shall at its own expense provide all personnel necessary to perform the Services. The Contractor warrants that all personnel engaged in the Services shall be qualified to perform the Services, and shall be properly licensed and otherwise authorized to do so under all applicable laws.

7.2 The Contracting Officer specified in block 1.9, or any

successor, shall be the State’s point of contact pertaining to this

Agreement.

Date_______

8. EVENT OF DEFAULT/REMEDIES.

8.1 Any one or more of the following acts or omissions of the

Contractor shall constitute an event of default hereunder (“Event of Default”):

8.1.1 failure to perform the Services satisfactorily or on schedule;

8.1.2 failure to submit any report required hereunder; and/or

8.1.3 failure to perform any other covenant, term or condition of this Agreement.

8.2 Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions:

8.2.1 give the Contractor a written notice specifying the Event of

Default and requiring it to be remedied within, in the absence of a greater or lesser specification of time, thirty (30) calendar days from the date of the notice; and if the Event of Default is not timely cured, terminate this Agreement, effective two (2) calendar days after giving the Contractor notice of termination;

8.2.2 give the Contractor a written notice specifying the Event of

Default and suspending all payments to be made under this

Agreement and ordering that the portion of the contract price which would otherwise accrue to the Contractor during the period from the date of such notice until such time as the State determines that the Contractor has cured the Event of Default shall never be paid to the Contractor;

8.2.3 give the Contractor a written notice specifying the Event of

Default and set off against any other obligations the State may owe to the Contractor any damages the State suffers by reason of any Event of Default; and/or

8.2.4 give the Contractor a written notice specifying the Event of

Default, treat the Agreement as breached, terminate the

Agreement and pursue any of its remedies at law or in equity, or both.

9. TERMINATION.

9.1 Notwithstanding paragraph 8, the State may, at its sole

discretion, terminate the Agreement for any reason, in whole or in part, by thirty (30) calendar days written notice to the Contractor that the State is exercising its option to terminate the Agreement.

9.2 In the event of an early termination of this Agreement for any reason other than the completion of the Services, the Contractor shall, at the State’s discretion, deliver to the Contracting Officer, not later than fifteen (15) calendar days after the date of termination, a report (“Termination Report”) describing in detail all Services performed, and the contract price earned, to and including the date of termination. In addition, at the State’s discretion, the Contractor shall, within fifteen (15) calendar days of notice of early termination, develop and submit to the State a transition plan for Services under the Agreement.

10. PROPERTY OWNERSHIP/DISCLOSURE.

10.1 As used in this Agreement, the word “Property” shall mean all data, information and things developed or obtained during the performance of, or acquired or developed by reason of, this

Agreement, including, but not limited to, all studies, reports, files, formulae, surveys, maps, charts, sound recordings, video recordings, pictorial reproductions, drawings, analyses, graphic representations, computer programs, computer printouts, notes, letters, memoranda, papers, and documents, all whether finished or unfinished.

10.2 All data and any Property which has been received from the

State, or purchased with funds provided for that purpose under this Agreement, shall be the property of the State, and shall be returned to the State upon demand or upon termination of this

Agreement for any reason.

10.3 Disclosure of data, information and other records shall be governed by N.H. RSA chapter 91-A and/or other applicable law.

Disclosure requires prior written approval of the State.

11. CONTRACTOR’S RELATION TO THE STATE. In the performance of this Agreement the Contractor is in all respects an independent contractor, and is neither an agent nor an employee of the State. Neither the Contractor nor any of its officers, employees, agents or members shall have authority to bind the

State or receive any benefits, workers’ compensation or other emoluments provided by the State to its employees.

12. ASSIGNMENT/DELEGATION/SUBCONTRACTS.

12.1 Contractor shall provide the State written notice at least fifteen (15) calendar days before any proposed assignment, delegation, or other transfer of any interest in this Agreement. No such assignment, delegation, or other transfer shall be effective without the written consent of the State.

12.2 For purposes of paragraph 12, a Change of Control shall

constitute assignment. “Change of Control” means (a) merger, consolidation, or a transaction or series of related transactions in which a third party, together with its affiliates, becomes the direct or indirect owner of fifty percent (50%) or more of the voting shares or similar equity interests, or combined voting power of the Contractor, or (b) the sale of all or substantially all of the assets of the Contractor.

12.3 None of the Services shall be subcontracted by the

Contractor without prior written notice and consent of the State.

12.4 The State is entitled to copies of all subcontracts and

assignment agreements and shall not be bound by any provisions contained in a subcontract or an assignment agreement to which it is not a party.

13. INDEMNIFICATION. The Contractor shall indemnify, defend, and hold harmless the State, its officers, and employees from and against all actions, claims, damages, demands, judgments, fines, liabilities, losses, and other expenses, including, without limitation, reasonable attorneys’ fees, arising out of or relating to this Agreement directly or indirectly arising from death, personal injury, property damage, intellectual property infringement, or other claims asserted against the State, its officers, or employees caused by the acts or omissions of negligence, reckless or willful misconduct, or fraud by the

Contractor, its employees, agents, or subcontractors. The State shall not be liable for any costs incurred by the Contractor arising under this paragraph 13. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the

State’s sovereign immunity, which immunity is hereby reserved to the State. This covenant in paragraph 13 shall survive the termination of this Agreement.

Date_______

14. INSURANCE.

14.1 The Contractor shall, at its sole expense, obtain and

continuously maintain in force, and shall require any subcontractor or assignee to obtain and maintain in force, the following insurance:

14.1.1 commercial general liability insurance against all claims of bodily injury, death or property damage, in amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate or excess; and

14.1.2 special cause of loss coverage form covering all Property subject to subparagraph 10.2 herein, in an amount not less than

80% of the whole replacement value of the Property.

14.2 The policies described in subparagraph 14.1 herein shall be on policy forms and endorsements approved for use in the State of New Hampshire by the N.H. Department of Insurance, and issued by insurers licensed in the State of New Hampshire.

14.3 The Contractor shall furnish to the Contracting Officer

identified in block 1.9, or any successor, a certificate(s) of insurance for all insurance required under this Agreement. At the request of the Contracting Officer, or any successor, the

Contractor shall provide certificate(s) of insurance for all renewal(s) of insurance required under this Agreement. The certificate(s) of insurance and any renewals thereof shall be attached and are incorporated herein by reference.

15. WORKERS’ COMPENSATION.

15.1 By signing this agreement, the Contractor agrees, certifies and warrants that the Contractor is in compliance with or exempt from, the requirements of N.H. RSA chapter 281-A (“Workers’

Compensation”).

15.2 To the extent the Contractor is subject to the requirements of N.H. RSA chapter 281-A, Contractor shall maintain, and require any subcontractor or assignee to secure and maintain, payment of Workers’ Compensation in connection with activities which the person proposes to undertake pursuant to this

Agreement. The Contractor shall furnish the Contracting Officer identified in block 1.9, or any successor, proof of Workers’

Compensation in the manner described in N.H. RSA chapter 281-

A and any applicable renewal(s) thereof, which shall be attached and are incorporated herein by reference. The State shall not be responsible for payment of any Workers’ Compensation premiums or for any other claim or benefit for Contractor, or any subcontractor or employee of Contractor, which might arise under applicable State of New Hampshire Workers’ Compensation laws in connection with the performance of the Services under this

16. WAIVER OF BREACH. A State's failure to enforce its rights with respect to any single or continuing breach of this

Agreement shall not act as a waiver of the right of the State to later enforce any such rights or to enforce any other or any subsequent breach.

17. NOTICE. Any notice by a party hereto to the other party shall be deemed to have been duly delivered or given at the time of mailing by certified mail, postage prepaid, in a United States

Post Office addressed to the parties at the addresses given in blocks 1.2 and 1.4, herein.

18. AMENDMENT. This Agreement may be amended, waived or discharged only by an instrument in writing signed by the parties hereto and only after approval of such amendment, waiver or discharge by the Governor and Executive Council of the State of New Hampshire unless no such approval is required under the circumstances pursuant to State law, rule or policy.

19. CHOICE OF LAW AND FORUM.

19.1 This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of New Hampshire except where the Federal supremacy clause requires otherwise.

The wording used in this Agreement is the wording chosen by the parties to express their mutual intent, and no rule of…