Search

To:

From:

RE:

A. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 28, 2022

Jeff Lafleur, Superintendent
Solid Waste Department

Landfill Engineering Services Contract

To approve a three year contract for general engineering services for the City of
Nashua’s landfills covering FY23 - FY25 at an annual cost not to exceed
$220,000 to Sanborn Head & Associates of Concord, NH pending approval of the
FY23 operating budget. The term of this contract will be from July, 1 2022
through June 30, 2025. Funding will be through: Department: 168 Solid Waste;
Fund: Solid Waste; Account Classification: 53 Professional and Technical
Services.

Sanborn Head and Associates proposed scope of services and fee schedule.

Sanborn Head and Associates (SHA) is the City’s primary engineering consultant
for landfill and solid waste related issues, including landfill gas management,
design and construction; groundwater, air and solid waste permitting; capacity
analyses; regulatory representation; and general landfill operations. They review
and prepare documents required by the City’s Title V air emission permit. Also,
they prepare the annual Greenhouse Gas Emissions report that is required by the
USEPA.

The City also utilizes SHAs Landfill Gas Management Suite (LFGMS) and
telemetry software program to assist us with monitoring, managing, operating the
landfill gas collection and control system at the Four Hills Landfill. The data
collected in LFGMS is included in tri-annual monitoring reports submitted to
NHDES and is required by the Standard Operating Procedures/Enhanced
Monitoring Procedures Plan approved by NHDES.

As such, they have a thorough understanding of the issues and requirements of the
Four Hills facility and other closed City landfills, and provide consistent, high
quality engineering and consulting services to the department in a timely manner.
They have demonstrated superior abilities relative to regulatory reporting,
permitting, design and construction oversight. Therefore, they are considered a
sole source for these services.

The initial estimated cost for this proposal is for $100,000 for all of the routine,
annual tasks outlined in the scope of work.

WITNESSES:

R-22-016

RESOLUTION

AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS
NOT TO EXCEED THE AMOUNT OF FIVE MILLION DOLLARS ($5,000,000) FOR
FRANKLIN STREET SCHOOL BUILDING IMPROVEMENTS

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor of the City
of Nashua and the City Treasurer of the City of Nashua are hereby authorized to issue and sell
general obligation bonds of the City in an aggregate principal not to exceed five million dollars
($5,000,000). The proceeds of said bonds shall be used for Franklin Street School Building
renovations and improvements.

Pursuant to Nashua City Charter §54-a, this resolution requires a “duly advertised public
hearing.” Also see N.H. RSA 33:9, which requires a 2/3 vote for passage of this resolution.

The bonds shall be general obligations of the City of Nashua, payable as to principal and
interest from ad valorem taxes, which will be levied without limitation as to rate or amount on all
taxable property within the territorial limits of the City of Nashua.

The bonds shall bear the manual or facsimile signature of the City Treasurer and the
Mayor. In accordance with Chapter 91 of the New Hampshire Acts of 2005, bonds issued
pursuant to this resolution shall not require an authenticating certificate of a bank or trust
company doing business in the State of New Hampshire or The Commonwealth of
Massachusetts, or the Commissioner of Revenue Administration.

The bonds are to be issued in fully-registered form by means of a book-entry system or
otherwise and shall have such terms and conditions and be in such form, subject to the provisions
of this resolution and applicable law, as shall be determined by the Mayor and the City
Treasurer,

RESOLVED FURTHER, that the Mayor is authorized to enter into the required
contracts therefor as well as any amendments to be made thereto or any other documentation
necessary for the receipt of said funds.

RESOLUTION:

PURPOSE:

SPONSOR(S):

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2022
R-22-016

Authorizing the Mayor and City Treasurer to issue bonds not
to exceed the amount of five million dollars ($5,000,000) for
Franklin Street School Building improvements

Alderman Richard A. Dowd

Budget Review Committee
Board of Education

It is anticipated that the bond would be sold in FY 23 for a 20-year
term. It is estimated the interest rate wil! be approximately 2.5%
and the total cost of the bond will be approximately $6,312,500
including interest. The average annual payment will be
approximately $315,625 with the beginning years at a higher
amount.

ANALYSIS

This resolution authorizes the City to issue and sell general obligation bonds up to $5 ° bresen

for Franklin Street School Building renovation and improvements. This project will be
to the Capital Improvements Committee in March 2022.

resented

As this legislation is an authorization to borrow money, this resolution requires a “duly
advertised public hearing” pursuant to Nashua City Charter §54-a. NH RSA 33:9 requires a 2/3
vote of al] the members for the issuance of bonds. This resolution is also a specific nonjbudget,

supplementary appropriation,

permitted by Charter Sec. 53. Requirements for that are notice and

a public hearing. A two-thirds vote is required under Charter Sec. 56-b for an item or amount

not in the mayor’s budget. A

roll call is required under Charter Sec. 49.

This legislation should be referred to the Board of Education for its review and approval.

Approved as to account
structure, numbers and
amount:

Approved as to form:

Financial Services Division |

By: /s/John F. Griffin

Office of Corporation Counsel

By: Vite (fates
Date: ye Mowe Ap Dan

R-22-017

RESOLUTION

AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDMENT TO THE
14 COURT STREET LEASE FOR UNIT B WITH LIQUID THERAPY, LLC

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor is
authorized to enter into a Second Amendment to 14 Court Street Lease for Unit B with Liquid
Therapy, LLC in substantially the same form as the attached.

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-017

PURPOSE: Authorizing the Mayor to enter into a Second Amendment to
the 14 Court Street Lease for Unit B with Liquid Therapy,
LLC

ENDORSERS: Alderman-at-Large Ben Clemons

COMMITTEE Finance Committee

ASSIGNMENT:

FISCAL NOTE: The City will receive $2,700.00 in lease payments as well as

approximately $590.00 in property taxes per year.

ANALYSIS

This resolution authorizes the Mayor to enter into a Second Amendment to 14 Court Street Lease
for Unit B with Liquid Therapy, LLC. The Second Amendment adds language to the lease
regarding an additional leased storage area.

Approved as to form: Office of Corporation Counsel

By: JOpwAw %, hy he.
Date: 2 Nath QOI2

SECOND AMENDMENT TO 14 COURT STREET LEASE FOR UNIT B

This Second Amendment to the 14 Court Street Lease for Unit B, dated as of the latter of
the signatures below, is by and between the City of Nashua, a municipality incorporated in the
State of New Hampshire, having a mailing address of 229 Main Street, Nashua, County of
Hillsborough, New Hampshire 03061 (hereinafter ‘“Lessor”) and Liquid Therapy, LLC, a New
Hampshire limited liability corporation, with a business address of 5 New Haven Drive, #201,
Nashua, New Hampshire 03063 (hereinafter “Lessee”).

WHEREAS, Lessor and Lessee entered into a 14 Court Street Lease for Unit B on July 1,
2018, and entered into a First Amendment to 14 Court Street Lease for Unit B on April 5, 2021
(together, these two documents hereinafter referred to as the “Lease”), whereby the Lessor
granted to the Lessee certain rights in regard to a portion of the property located at 14 Court
Street, Nashua, New Hampshire (hereinafter “Lease Area”);

WHEREAS, the Initial Term of the Lease is July 1, 2018 through June 30, 2023; and

WHEREAS, the Parties wish to further amend certain terms and conditions in the Lease.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt of which is hereby acknowledged, Lessor and Lessee agree as follows:

1. Add the following new subsection entitled “Additional Lease Area” to the existing
Section 1 “Lease of Premises and Term”:
Additional Lease Area. In addition to the original Lease Area leased to Lessee under
the Lease, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor for a
term to be coterminous with the Lease, the premises consisting of approximately 857
square feet of storage on the first floor of the Premises (the “Additional Lease Area”)

as shown on Exhibit A-1 attached hereto and made a part hereof. Lessee shall be

permitted to use the Additional Lease Area for storage purposes. Lessee accepts the
Additional Lease Area as is, in the condition presently existing, and Lessor shall have
no obligation to make any repairs, alterations or improvements to the Additional
Lease Area. Lessee accepts the Additional Space without representation or warranty
by Lessor of any kind and with the understanding that Lessor shall have no
responsibility with respect thereto. Lessee hereby agrees to pay Lessor Two Hundred
and Twenty Five Dollars ($225.00) per month, on the 1" of every month, beginning
April 1, 2022, for the Additional Lease Area. Lessee shall be responsible for the cost
of all utilities for the Additional Lease Area. Lessee shall be responsible for all real
and personal property taxes assessed against the Additional Lease Area. The
Additional Lease Area shall be subject to all other terms and conditions of this Lease
not specifically addressed herein.

2. In the event of any inconsistencies between the Lease and this Second Amendment, the terms

of this Second Amendment shall control. Except as expressly set forth in this Second

Amendment, the Lease otherwise is unmodified and remains in full force and effect. Each

reference in the Lease to itself shall be deemed also to refer to this Second Amendment.

3. All capitalized terms used but not defined herein shall have the same meaning as defined

in the Lease.

IN WITNESS WHEREFORE, the parties have caused their authorized representatives

to execute and seal this Second Amendment on the date set forth below.

CITY OF NASHUA

Date: , 2022 By:
James W. Donchess, Mayor
DULY AUTHORIZED
LIQUID THERAPY, LLC
Date: , 2021 By: _
Name:___
DULY AUTHORIZED
STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

On this day of , 2022, personally appeared the above-named, James W.
Donchess, Mayor of City of Nashua, known to me (or satisfactorily proven) to be the person
whose name is subscribed herein and acknowledged that he/she executed the foregoing
instrument for the purposes contained therein.

Notary Public/Justice of the Peace
Print Name:
My Commission Expires:

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

Onthis _ day of , 2022, personally appeared the above-named,
, known to me (or satisfactorily proven) to be the

person whose name is subscribed herein and acknowledged that he/she executed the foregoing
instrument for the purposes contained therein.

Notary Public/Justice of the Peace
Print Name:
My Commission Expires:

Exhibit A-1 Additional Lease Area
Map and Lot “Account Number Property Address Visit © Date Initials & Code | Additional Date Initials & Code
- History Visiq
{ ! : : ' rt !
! = al Rope eer eet erieey GEM hp heer ene ace a Jt ms
| i I j i
3 | hiquid TheeaPy ;
LOCATION
' 7 fi
vi ae Mek GLoSC aa
jf Rme! | ams i eM di Lb worr
| fe ; ' ; iG d , | |. Sdace
“wf ids. delat LL bP REL [Pe : SPOS. saath
fa. T f= Evy. fe T roa
i SeAce SPACE
f4 Covey s7~
i Rides

| AL meagved

ow aft, ded a,