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Contractor and give the Contractor an an opporsuety to make the correction, the Owner waives the rights to require
correction by the Centra al f ack y-Contractor. If the Contractor fails to correct
nonconforming Work within a i seasonable time during t that period after receipt of notice from the Owner or
Architect, the Owner may correct it in accordance with Section 2.4.

PAGE 34

The Contract shall be ¢ governed ‘by: the law of the Place where the Project i is located except that; ifthe parties have

bk. All disputes at arising from or in connection with the Contract shall be brought i in the State of New Hampshire,
Superior Court Hillsborough South.

PAGE 35

for any of the following reasone:§ 14, 1 1 The Contractor may terminate the Contract if the Work i is 5 stopped fa for a
period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or
their agents or employees or any other persons or entities performing portions of the Work under direct or indirect
contract with the Contractor, for any of the following reasons:

PAGE 36

§ 14.3.2 The Contract Sum and Contract Time shall-may be adjusted for increases in the cost and time caused by
suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum skel- may include
profit. No adjustment shall be made to the extent

4 assist Owner in the orderiy transition of the Work to another contractor of the Owner’s choosing
or to the Owner in the Owner’s sole discretion.
§ 14.4.3 In case of such termination for the Owner’s convenience, the Contador shall be eantled to receive
payment for Work executed, and costs incurred by reason of such termination, elene-with reasons Ree
prefit-termination on the Work not executed.

PAGE 37

Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial
Decision Maker ua a copy sent to the Architect, if the Architect i is not t serving as the initial | Decision Maker.

Additions and Deletions Report for AIA Document A201™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,

1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 6
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:39:36 on 11/21/2016

under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (844049242)

PAGE 38

§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those
waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be-subjectto-mediation as-e- condition precedent
te-binding dispute resehitien—may be subject to mediation .

8 15. 3.2 The ° Parties shalt ay. endeavor to resolve thet Claims by mediation which, unless the parties mutually

Additions and Deletions Report for AIA Document A201™ — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,

1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 7
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:39:36 on 11/21/2016

under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (844049242)

writing delivered to the other party to the Contract, and filed with the person or entity administering t the mediation.

having jurisdiction thereof Intentionally on omitted.
$ 15. 4. 4 CONSOLIDATION OR JOINDER intentionally omitted.

Additions and Deletions Report for AIA Document A201™ ~ 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,

1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and 8
International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:39:36 on 11/21/2016

under Order No.7150521749_1 which expires on 10/03/2017, and is not for resale.

User Notes: (844049242)

Certification of Documeni’s Authenticity
AlA® Document D407™ ~ 2003

1. Keith McBey, hereby certify, to the best of my knowledge. information and belief. that [ created the attached final
document simultaneously with its associated Additions and Deletions Report and this certification at 08:39:36 on
14/2102016 under Order No. 7150521749 | from ALA Contract Documents software and that in preparing the
attached final document | made no changes to the original text of ATA” Document A20]™™ — 2007, General
Conditions of the Contract for Canstruction, as published by the ALA in its seftware. other than those additions and
deletions shown in the associated Additions and Deletions Report.

ho
(Sivned) oo

wn? ‘
Sees eat: — Oo
(Title)

fanerkur |}, ZOlb
(Dated)

AIA Document D401™ — 2003. Copyright © 1992 and 2003 by The American Institute of Architects, All rights reserved. WARNING: This Ala’ Document ic
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AIA software at 68:39:36 on 11/21/2016 under Order No.7 1505217491 which expires on 10/03/2017. and is nol for resale
User Notes:

(84d049242}

4

THE CITY OF NASHUA “The Cate City"

Financtal Services

Purchasing Department

December 1, 2016
Memo #17-0771

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT FOR PHASE IV PERMITTING CONTRACT (VALUE: NOT TO EXCEED
$300,000)
DEPARTMENT: 168 SOLID WASTE; FUND: BOND
ACTIVITY: LANDFILL EXPANSION PHASE lil & IV

Please see the attached communication from Jeff Lafleur, Solid Waste Department Superintendent dated
October 27, 2016 for the information related to this purchase.

Pursuant NRO § 5-83 Professional Services, which allows the purchase of professional services without
soliciting competitive bids, the Solid Waste Department intends to award this work directly to Sanborn
Head and Associates.

The Solid Waste Department Superintendent, Board of Public Works (October 27, 2016 meeting) and the

Purchasing Department recommend the award of this purchase in an amount not to exceed $300,000 to
Sanborn Head and Associates of Concord, NH.

Respectfully, )
oe 3 LY l y
C%* fe Li ene

| Pan ‘cooken
Purchasing Manager

Coc: J Lafleur L Fauteux

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

To:

From:

C. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: October 27, 2016

Jeff Lafleur, Superintendent
Solid Waste Department

To approve a contract with Sanborn Head and Associates Inc. to begin the process
of permitting the Phase IV lined landfill with NHDES in the amount not to exceed
$300,000. Funding will be through Department 168 Solid Waste; Fund: Bond;
Activity: Landfill Expansion Phase III & IV.

Sole Source Memo, Sanborn Head and Associates Scope of work

The Superintendent of the Solid Waste Department and the Director of Public
Works recommend that the City begin the process of permitting the conceptual
Phase IV lined landfill with the New Hampshire Department of Environmental
Services (NHDES). The Phase IV landfill is to be sited at the Four Hills facility
in the valley formed by the closed MSW landfill and the Phase I lined landfill. It
is projected to cover approximately 27 acres, will provide the City with an
estimated waste disposal capacity of 2.6 million cubic yards, and extend the life
of the landfill by 20-plus years. Although the disposal capacity of this proposed
phase will not be needed for many years, it is recommended that the City begin
the permitting process now to avoid potential future changes to solid waste
regulations that could prohibit further landfill expansion. This expenditure covers
work to be performed in FY 2017. We expect that this project will take several
years to complete at an approximate total cost of $500,000.

=) THE CITY OF NASHUA “The Cate City’

Division of Public Works
Solid Waste Department

September 6, 2016

Re: Memo—Sanborn Head & Associates Phase IV Lanafill Permitting for FY2017

To: Daniel Kookan, Purchasing Manager
Carolyn O’Conner, DPW Financial Manager

This memo supports the Solid Waste Department's request to issue a contract and purchase order to
Sanborn Head & Associates, Inc. (SHA) for $300,000 to prepare permitting documents for the proposed
Phase IV landfill. The permitting documents include New Hampshire Department of Environmental
Services (NHDES) Type IA solid waste facility permit modification and an Alteration of Terrain (AoT)
permit for storm water management. This contract and purchase order would cover work performed by
SHA in FY2017. An additiona! $200,000 budgeted over several more fiscal years will likely be required to
complete the permitting process.

The proposed Phase IV lined landfill is to be sited in the valley formed by the closed MSW landfill and
the Phase | lined landfill. It will cover approximately 27 acres with an estimated capacity of 2.6 million
cubic yards. It will potentially provide the City with 20 additional years of disposal capacity.

Pursuant NRO § 5-83 Professional Services, which allows the purchase of professional! services without
soliciting competitive bids, the Solid Waste Department intends to award this work directly to SHA. SHA
has served as the City’s consulting engineers for the Four Hills facility since approximately 2009,
providing expertise in environmental permitting, landfill gas design and construction, and other landfill
infrastructure projects. They have detailed knowledge of the site and the project requirements and
objectives. Retaining another engineering company to perform this work would result in duplication of
effort and delays.

Respectfully Submitted,

Jeff Lafleur
Superintendent, Solid Waste Department

Cc: Lisa Fauteux, Director of Public Works

840 West Hollis Street » Nashua, New Hampshire 03062 e Phone (603) 589-3410 Fax (603) 589-3448

SANBORN |||| HEAD sound Sree

Building Trust. Engineering Success. Concord, NH 03301
Mr. Jeff Lafleur September 2, 2016
Superintendent of Solid Waste File No. 3066.08
Nashua Division of Public Works, Solid Waste Department

840 West Hollis Street
Nashua, NH 03062

Re: Phase IV - Preliminary Opinion of Cost and Schedule Update for FY2017 (revised)
Four Hills Landfill, Nashua, New Hampshire

Dear Jeff:

We understand the City of Nashua (City) would like to include, as part of the City’s budget
for Fiscal Year 2017 (FY2017), costs for services required of Sanborn Head & Associates,
Inc. (Sanborn Head) to begin efforts to design and permit new landfill capacity in the area
between the closed Unlined Landfill and the active Lined Landfill at the Four Hills Landfill
in Nashua, New Hampshire (i.e., Phase IV). This letter summarizes such services, and
includes a preliminary opinion of cost for FY2017 in relation to Phase IV. The opinion of
cost may include some of the services that could be incurred after FY2017 (e.g., services
required during the permit review process).

Preliminary Opinion of Cost

Our preliminary opinion of cost for design/permitting services for Phase IV is based on
several assumptions relative to our understanding of current New Hampshire
environmental regulations including the Solid Waste Rules!, the existing conditions at the
Four Hills Landfill, the City’s projected waste receipts, and the remaining airspace in Phases
I and IJ. Based on our understanding, the Phase IV project would involve the following
major activities, listed in no particular order:

=» Removing the soil components of the closed Unlined Landfill’s geosynthetic final cover
system in the footprint area of Phase IV, constructing a liner system that meets the
requirements of the Solid Waste Rules and extending the liner system across the area
between the closed Unlined Landfill and the Lined Landfill to connect with the liner
system in the Lined Landfiil.

a Establishing new landfill access roads.

» Establishing new stormwater drainage channels, and_ possibly adding
detention/retention capacity.

1 In July 2014, the NHDES promulgated new Solid Waste Rules. Some of the new rules may impact the
design and permitting of the proposed Phase IV project (e.g., setback distances). For the purposes of this
letter, the scope and opinions presented herein assume that the Phase IV project is in compliance with the
new rules.

SANBORN, HEAD & ASSOCIATES, INC. www.sanbornhead.com

September 2, 2016 Page 2
20160902 Ph IV ltr - FY2017.docx 3066.08

a Relocating the main landfill gas (LFG) conveyance header pipe from between the closed
Unlined Landfill and the active Lined Landfill to the north and west of the active Lined
Landfill area.

=» Modifying the Phase I and II landfill gas collection and control system (GCCS) so that
that it may be connected to the relocated main LFG conveyance header pipe.

=» Decommissioning 12 existing groundwater monitoring wells and replacing some or all
of these wells.

We further understand that as part of the Phase IV permit application, the City would like
to include the following modifications for Phases I and II:

=» Modify the components of the final cover system to reflect current materials and design
standards; and

= Increase the inclination of the final sideslopes.

Figure 1 illustrates the potential scope of the Phase IV expansion. Based on the conceptual
layout, Sanborn Head estimates that developing the approximately 27-acre Phase IV
footprint area could provide on the order of 2.6 million cubic yards of landfill capacity.

Facility Permitting

Developing the proposed Phase IV area would require a Type I-A solid waste facility permit
modification as the new area would both increase the approved design capacity and extend
the date of the permit. In addition to modifying the Solid Waste Permit, an Alteration of
Terrain (AoT) permit, which addresses stormwater runoff and management, would be
required as well as a modification of the Groundwater Management Permit (GMP) and the
facilities’ Title V air permit. Services required to revise the GMP and Title V air permit are
expected to be performed after FY2017.

Preparation of an application for a Type I-A permit modification, would involve the
following:

= Preparing for signature by the City, the Type I-A application form;

s Preparing notifications to abutters and other potentially affected entities in accordance
with Env-Sw 314.08 and 303.05;

a Preparing Notice of Filings to potentially affected agencies as needed in accordance
with Env-Sw 303.06 through 12;

= Preparing a Site Report in accordance with Env-Sw 314.10, which could include, but not
be limited to, the following:
a Ademonstration of the siting requirements;
o ©Adescription of the existing conditions;
o Tax, land use, natural resource, and other related maps;
o Astatement of the need for the proposed expansion;

SANBORN ||) HEAD

September 2, 2016 Page 3
20160902 Ph IV Itr - F¥2017.docx 3066.08

o An evaluation of the potential impacts (both positive and negative) of the proposed
expansion;
o Astatement of the public benefit of the proposed expansion;

o A hydrogeologic report, to include an assessment of the depth to the groundwater
table and a preliminary work plan for groundwater monitoring piezometers; and

o A traffic study;

=» Preparing permit-level engineering drawings, specifications, and _ calculations
supporting the proposed design in accordance with Env-Sw 314.11;

a Updating the Operating Plan in accordance with Env-Sw 1105.11;
= Revising the Closure Plan in accordance with Env-Sw 1106.04; and

=» Preparing a Financial Report in accordance with Env-Sw 314.12 that provides an
opinion of cost to construct and operate Phase IV, projected tipping fees, and the type
and source of funding for the project.

The above application components are to be prepared in consideration of, and in
accordance with, the requirements of Env-Sw 315.05, 800, and 1000.

The table below summarizes our preliminary opinion of the cost for preparing permit
applications for Phase IV (the application fees are NOT included). Our opinion is based on
our understanding of: (i) the current NHDES AoT and Solid Waste Rules; (ii) our experience
preparing Type I-A permit modification applications in New Hampshire and similar permit
applications in other states; and (iii) our understanding of the type, extent, and quality of
the readily available information that can be used for the preparation of the AoT and Type
I-A permit modification applications. Additional assumptions made to develop the opinion
of cost are outlined towards the end of this letter.

TASK PRELIMINARY OPINION OF COST
Prepare AoT application $50,000
Prepare Type I-A permit modification application $250,000
Estimated Total Fee $300,000

The above preliminary opinion of cost is for engineering services during fiscal year 2017.
At this time, we recommend that the City budget and additional $200,000 for future fiscal
years for Sanborn Head to: (i) address NHDES comments to the AoT permit application and
Type I-A PMA; (ii) provide support at public hearings and meetings; (iii) prepare the Type
II PMA; and (iv) assist with preparing construction bid documents.

In addition to the costs identified above, the fee for Type I-A permit application is

estimated to be at least $20,000 (see Env-Sw 310.07). Furthermore, the AoT permit
application fee for the project could be on the order of $6,200 (Env-Wq 1503.32).

SANBORN ||} HEAD