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shall confirm to Professional Engineer in writing that the whole of the work was completed on the date
indicated in the notice or provide Professional Engineer with a written list of work not completed. With
respect to work listed by the City of Nashua as incomplete, Professional Engineer shall promptly
complete the work and the final acceptance procedure shall be repeated. The date of final acceptance of a
project by the City of Nashua shall be the date upon which the Board of Public Works or other designated
official accepts and approves the notice of completion.

24. TAXES. Professional Engineer shall pay all taxes, levies, duties, and assessments of every nature
due in connection with any work performed under the contract and make any and all payroll deductions
required by law. The contract sum and agreed variations to it shall include all taxes imposed by law.
Professional Engineer hereby indemnifies and holds harmless the City of Nashua from any liability on
account of any and all such taxes, levies, duties, assessments, and deductions.

25, NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this contract
shali be considered waived by the City of Nashua. There shall be no waiver of any past or future default,
breach, or modification of any of the terms and conditions of the contract unless expressly stipulated to by
the City of Nashua in a written waiver.

26. RIGHTS AND REMEDIES. The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties, obligations,
rights, and remedies otherwise imposed or available by law.

27. PROHIBITED INTERESTS. Professional Engineer shall not allow any officer or employee of the
City of Nashua to have any indirect or direct interest in this contract or the proceeds of this contract.
Professional Engineer represents that no officer or employee of the City of Nashua has any direct or
indirect interest, whether contractual, noncontractual, financial or otherwise, in this contract or in the
business of Professional Engineer. If any such interest comes to the attention of Professional Engineer at
any time, a full and complete disclosure of the interest shall be immediately made in writing to the City of
Nashua. Professional Engineer also represents that it presently has no interest and that it will not acquire
any interest, direct or indirect, which would conflict in any manner or degree with the performance of
services required to be performed under this contract. Professional Engineer further represents that no
person having such an interest shall be employed in the performance of this contract. If City of Nashua
determines that a conflict exists and was not disclosed to the City of Nashua, it may terminate the contract
at will or for cause in accordance with paragraph 8.

In the event Professional Engineer (or any of its officers, partners, principals, or employees acting with its
authority) is convicted of a crime involving a public official arising out or in connection with the
procurement of work to be done or payments to be made under this contract, City of Nashua may
terminate the contract at will or for cause in accordance with paragraph 8. Upon termination, Professional
Engineer shall refund to the City of Nashua any profits realized under this contract, and Professional
Engineer shall be liable to the City of Nashua for any costs incurred by the City of Nashua in completing
the work described in this contract. At the discretion of the City of Nashua, these sanctions shall also be
applicable to any such conviction obtained after the expiration or completion of the contract.

Professional Engineer represents that no gratuities (including, but not limited to, entertainment or gifts)
were offered or given by Professional Engineer 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.

GC 10 of 11

28, THIRD PARTY INTERESTS AND LIABILITIES. The City of Nashua and Professional Engineer,
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
Professional Engineer.

29. 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.

30. 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.

31. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT. This contract constitutes the entire
contract between the City of Nashua and Professional Engineer. 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.

32. (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 11 of 11

EXHIBIT B

Scope of Service

i ermatreeTEAEN,

!
SANBORN |||) HEAD

i 20 Foundry Street
Building Trust. Engineering Success. Concord, NH 03301
Mr. Jeff Lafleur July 15, 2016
Superintendent File No. 3066.06
Nashua Division of Public Works, Solid Waste Department Sent via email
840 West Hollis Street
Nashua, NH 03062

Re: Scope of Engineering Services - Fiscal Year 2017
City of Nashua Four Hills Landfill
Nashua, New Hampshire

Dear Jeff:

Sanborn, Head & Associates, Inc. (Sanborn Head) appreciates the opportunity to provide
this scope of engineering services to the City of Nashua (City) relative to the active Four
Hills Landfill during fiscal year (FY) 2017, The scope of services presented herein is based
on communication with the City regarding services needed during FY 2017 as well as
typical services provided by Sanborn Head over the past few years.

SCOPE OF ENGINEERING SERVICES
Task1 = Air Permit/Emissions Reporting and Related Services

During fiscal year 2017, Sanborn Head will provide the City with the following air-related
services for the Four Hills Landfill:

= Review the semi-annual and annual air permit compliance reports prepared by the City
or EPP Renewable Energy, LLC, if requested by the City;

= Provide support for compliance with the City’s EMP/SOP;
= Provide support for compliance with the City’s Title V Operating Permit;
= Prepare the annual Non-Methane Organic Compound report;

=» Prepare the annual emissions inventory for landfill fugitives and the emergency
generator;

= Prepare the federal greenhouse gas report; and
= Provide regulatory compliance support.

Task2 Groundwater Reporting

We anticipate that Sanborn Head will assist the City with the following groundwater
reporting services in FY 2017 for the Four Hills Landfill.

=» Review the field groundwater sampling and laboratory analytical data collected and
analyzed by others for the Four Hills Landfill (April and November 2016) and updating
corresponding analytical tables;

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

july 15, 2016 Page 2
20160715 Lafleur FY2017 Services Scope.docx 3066.06

=» Address comments from the NHDES related to the 2015 Annual Report for the Four
Hills Landfill; and

m Prepare the 2016 Annual Report for the Four Hills Landfill to be submitted to the
NHDES in January 2017, as required in the June 15, 2016 Groundwater Management
Permit (GWP-198403099-N-005).

Task3 Annual Waste Capacity Evaluation

Landfills are dynamic and should be surveyed on a regular basis. An annual topographic
survey can be used to calculate the in-place density of the waste mass and identify areas of
the landfill that are not being filled as intended. The survey also provides documentation
of significant changes to the overall site and can be used to evaluate waste settlement over
time,

For this task, Sanborn Head will perform a waste capacity comparison for Phases I| and II of
the Landfill during FY 2017. We understand that the City will retain a licensed surveyor to
prepare a topographic survey the Phases I and I]. Our evaluation will include the following:

=» Developing engineering drawings that compare the existing landfill topography (as
provided to us in a recent topographic survey) to the currently permitted final landfill
grades;

= Estimating the remaining disposal capacity (airspace) in terms of cubic yards; and

= Calculating the remaining life of the permitted landfill capacity based on the City’s
waste projections.

To accomplish the above, Sanborn Head assumes that the City will provide AutoCAD
formatted drawings of the site topography, and that the City will provide recent waste
receipts for Phases I and II.

Sanborn Head will transmit the results of our evaluation in a letter addressed to the City.

Task4 Annual Financial Assurance Update

The NHDES Rules require landfill owners to submit financial assurance updates to NHDES
every third calendar year in order to demonstrate that financial assurance for closure and
long term monitoring and maintenance (LTMM) is provided for the Landfill (Env-Sw 1400).
During the years in which a submittal to NHDES is not required, an updated closure cost
estimate is required to be prepared and kept for the facility’s records. We understand that
the City last submitted an update to NHDES in May 2015, therefore the next submittal to
NHDES will be required in May 2018. The update during FY 2017, to be prepared in May
2017, will be solely for the City’s records.

This financial assurance demonstration includes preparation of opinions of closure and
post-closure cost for the currently permitted areas (Phases I and II) and calculations to
demonstrate that the City is setting aside sufficient funds for future closure and post-
closure needs.

july 15, 2016 Page 3
20160715 Lafleur FY2017 Services Scope.docx 3066.06

Sanborn Head will prepare the required opinions of cost using the required NHDES forms
based on the permitted closure plan, currently available average unit costs for similar
projects, current costs for monitoring services, published construction cost estimating
guides, and our engineering judgment. We will estimate the remaining life of Phases | and
II based on the latest survey update, and prepare sinking fund calculations using account
balances provided to us, actual waste tonnage received at the Landfill, and the projected
waste tonnage for the remaining estimated life of Phases I and II. The calculations will
demonstrate that the balances for the closure and LTMM accounts are consistent with what
was projected or provide amounts per ton that should be set aside going forward to
provide sufficient funds at the expected date of closure.

Sanborn Head will prepare a letter addressed to the City that documents our evaluation,
which will include NHDES Cost Estimate Forms for landfill closure and post-closure care,
and sinking fund calculations.

Task5 GCCS Related Services

Sanborn Head submitted a proposal to the City on April 21, 2016 for “Additional GCCS
Related Services” as requested by the City. Subsequently, a purchase order was issued by
the City for this work on July 13, 2016 {P.0. #127711). The scope of work under that
agreement included the following:

=» Preparation of an assessment of the Phases I and II Gas Collection & Control System
(GCCS);

= Preparation of a conceptual design for a vertical landfill gas (LFG) well dewatering
system;

s Preparation of construction documents for the next GCCS expansion in Phase II, Stage II;
and

s Providing bid and construction phase services for the GCCS expansion in Phase II, Stage
Il.

As stated above, these services will be provided under a separate purchase order (P.O.
#127711). Notwithstanding the separate GCCS project, this time and expense task will
allow Sanborn Head to assist the City with GCCS related matters in FY 2017.

Task6 General Engineering Services

Sanborn Head’s services under this task wil] be performed at the City’s request and involve
routine matters of limited scope, such as attending meetings with regulators and providing
design, operation, or air consultation relative the Landfill.

BUDGET ESTIMATE AND BASIS OF BILLINGS
The total estimated budget for this proposal is $80,000 as itemized below:

i
SANBORN [li] HEAD

July 15, 2016 Page 4

20160715 Lafleur FY2017 Services Scope.docx 3066.06
oe Estimated
Task Task Description Budget
1 Air Permit/Emissions Reporting and Related Services $27,000
2 | Groundwater Reporting $13,500
3 Annual Waste Capacity Evaluation $4,500
4 Annual Financial Assurance Update $6,500
5 GCCS Related Services $10,500
6 General Engineering Services $18,000

We will invoice for our services based on actual accrued time and expenses in accordance
with the enclosed Schedule of Fees. We will not perform services beyond those defined
herein without first receiving written authorization from the City.

SCHEDULE

Sanborn Head is available to begin working on this project following written authorization
to proceed from the City.

TERMS OF ENGAGEMENT

The terms of engagement are described in our Agreement with the City of Nashua, New
Hampshire dated July 21, 2011.

ACCEPTANCE

We understand that acceptance of this proposal will be provided in a City issued Purchase
Order to Sanborn Head for these services.

Thank you for the opportunity to submit this scope of services. We look forward to
working with you during FY 2017. Please contact us should you require additional
information. .

Very truly yours,
SANBORN, HEAD & ASSOCIATES, INC.

Ryan L. Clay, P' Eric S. Steinhauser, P.E., CPESC, CPSWQ
Senior Project Engineer Senior Project Director
RLC/HHL/ESS:rlc

Enclosed: Schedule of Fees

P:\3000s\3066.06\ Project Control\ FY2017 Proposal\20160715 Lafleur FY2017 Services Scope.docx

[
SANBORN Hl HEAD

| EXHIBIT C
SANBORN j]

' HEAD Fee Schedule
i

Building Trust, Bngineering Success.

HTD REE

SANBORN, HEAD & ASSOCIATES, INC.
2016 Schedule of Fees
City of Nashua, New Hampshire

Senior Vice President $198
Vice President $188
Project Director $177
Senior Project Manager $151
Project Manager $141
Senior Engineer/Geologist $123
Project Engineer/Geologist $115
Engineer/Geologist $105
Supervising Technician $94
Senior Engineering Technician $85
Engineering Technician $79
Support Staff $68
Subcontractors and Outside Services Cost plus 10%
Other Direct Expenses Cost plus 10%

Hourly rates will be charged for time worked on the project and for the time required for
travel between the office and the meeting or project site. Local travel will be at IRS allowed
rates.

Overtime hours will be charged using the hourly rates listed above.

Hourly rates for expert witness testimony, including preparation time, and other special
services such as corporate acquisition due diligence studies that generally require a

dedicated commitment of senior staff, will be provided upon request.

Sanborn, Head & Associates, Inc. reserves the right to revise this Schedule of Fees annually.

P:\3000s\3066.06\ Project Control\FY2017 Proposal\SWCSA Std-2016 {Nashua).docx

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

\ THE CITY OF NASHUA "The Gate City’

Financial Services

Purchasing Department

June 30, 2016
Memo #17-011

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CodeRED CONTRACT (VALUE: $22,000)
DEPARTMENT: 156 EMERGENCY MANAGEMENT, FUND: GENERAL
ACCOUNTING CATEGORY: 54 PROPERTY SERVICES

Please see the attached communication from Justin Kates, Director of Emergency Management, for
information related to this purchase.

Pursuant to § 5-84. Special purchase procedures. A. The competitive bidding process shall not apply
to the following special purchase. (3) Purchases which can be procured through cooperative
intergovernmental purchase agreements with other government jurisdictions.

This is a three (3) year contract and all three (3) years will be funded as a budgeted item in Department
156 Emergency Management.

The Director of Emergency Management and the Purchasing Department recommend awarding this
purchase in an amount of $22,000 to Emergency Communications Network of Ormond Beach, FL.

Respectfully,
q , .

Dan Kooken

Purchasing Manager

Ce: J. Kates J. Graziano

| :
i229 Main Street « Nashua, New Hampshire 03061 Phone (603) 589-3330 e Fax (603) 589-3344

City of Nashua

Office of Emergency Management Justin Kates, Director
603.722.0288
229 Main Street katesj@nashuanh.gov

Nashua, New Hampshire 03060

June 22, 2016

TO: DAN KOOKEN
PURCHASING MANAGER

SUBJECT: | CONTRACT AWARD FOR EMERGENCY NOTIFICATION SYSTEM
(VALUE: $66,000)
DEPARTMENT: 156 EMERGENCY MANAGEMENT; FUND: GENERAL
ACCOUNTING CATEGORY: 54 PROPERTY SERVICES

The City has a need to provide notification services to citizens and businesses. during emergency and
non-emergency situations. Notification by phone, text message, e-mail, and social media can be widely utilized
across all departments in the City. Experience during the past few emergencies in Nashua have demonstrated the
need for this capability.

An Emergency Notification Committee, including representatives of Emergency Management, Police, Fire, Public
Works, Public Health, Community Development, School District, Information Technology, GIS, and Pennichuck
Water met frequently throughout 2016 to review the City’s existing service for emergency and non-emergency
notifications, provided by CodeRED. After comparing many vendors in the field of notification systems and
recognizing the value of retaining our existing caller database that has grown over the past three years, the
committee determined the CodeRED notification system by Emergency Communications Network, LLC provided the
best value, and best service for an unlimited access contract. The contract has been reviewed by our Legal
Department.

Pursuant to NRO § 5-84 (A)(3), the new service will contain pricing and be purchased based on co-operative
General Services Administration (GSA) Contract Schedule 70, Contract #GS-35F-0253W, Special Item Number
132-32. Additionally, other supplier pricing was investigated prior to determining this to be best value for the city. The
Emergency Management Director was able to negotiate the standard GSA pricing down over 65 percent fo a final
cost of $22,000 per year for a three year net contract totaling $66,000. In addition, we were able to include unlimited
service for Pennichuck Water for their entire service area.

Pursuant to NRO § 5-74 (B) which states that a contract that extends from the current fiscal year into succeeding
fiscal year(s) in which no funds have been appropriated nor otherwise designated for this purpose shall be approved
by the full Board of Aldermen before the contract shall become binding on the City.

All three years will be funded by as a budgeted item in Department 156 Emergency Management.
Two additional contract addendums are included to provide local access to FEMA's Integrated Public Alert &

Warning System (IPAWS) and CodeRED’s Weather Warning functionality at no cost for as long as the State of NH
retains a contract for these features as part of their NH Alerts service. These are some of the many benefits to