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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.

30. 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.

31. 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

SANBORN Hl HEAD

20 Foundry Street
Building Trust. Engineering Success. Concerd, NH 03301
Mr. Jeff Lafleur June 13, 2017
Superintendent File No. 3066.08
Nashua Division of Public Works, Solid Waste Department
840 West Hollis Street Sent via email
Nashua, NH 03062

Re: Scope of Engineering Services - Fiscal Year 2018
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) 2018. The scope of services presented herein is based
on communication with the City regarding services needed during FY 2018 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 2018, Sanborn Head will provide the City with the following air-related
services for the Four Hills Landfill:

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

« Providing support for compliance with the City’s EMP/SOP;

x Providing support for compliance with the City’s Title V Operating Permit;

« Preparing the annual Non-Methane Organic Compound report;

« Preparing the annual emissions inventory for landfill fugitives and the emergency
generator;

« Preparing the federal greenhouse gas report; and
« Providing regulatory compliance support.

Task2 Groundwater Reporting

We anticipate that Sanborn Head will assist the City with the following groundwater
reporting services in FY 2018 for the Four Hills Landfill.

« Reviewing the field groundwater sampling and laboratory analytical data collected and
analyzed by others for the Four Hills Landfill (November 2016 and April 2017) and
updating corresponding analytical tables; and

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

June 13, 2017 Page 2
20170613 Lafleur FY2018 Services Scape.docx 3066.08

x Preparing the 2017 Annual Report for the Four Hills Landfill to be submitted to the
NHDES in January 2018, as required in the June 15, 2016 Groundwater Management
Permit (GWP-198403099-N-005),

Task3 Annual Waste Capacity Evaluation

For this task, Sanborn Head will perform a waste capacity comparison for Phases I and II of
the Landfill during FY 2018. We understand that the City will retain a licensed surveyor to
prepare a topographic survey of Phases | and II. 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;

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

« Calculating the remaining life of the permitted landfill based on the remaining capacity
and the City’s projected waste acceptance rate.

To accomplish the above, Sanborn Head assumes that the City will provide AutoCAD
formatted drawings of the site topography, as well as recent waste receipts, 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 2018, to be prepared in May
2018, will need to be submitted toe the NHDES.

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

Sanborn Head will prepare the 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 | and If. 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 I HEAD

fune 13,2017 Page 3
20170613 Lafleur FY2018 Services Scope.docx 3066.08

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 PFAS Sampling and Analysis

1 = tn

Sanborn Head proposes to perform groundwater sampling and analysis for Per- and
Polyfluoroalkyl Substances (PFAS) at the following closed City landfill sites:

= Lincoln Park - one upgradient monitoring well (MW-1) and two downgradient
monitoring wells (MW-3 and MW-6);

« Roussel Park - one upgradient monitoring well (MW-6) and two downgradient
monitoring wells (MW-2 and MW-4); and

s Four Hills Closed Landfill - three downgradient monitoring wells (MW-1S, MW-1M, and
MW-1R). We assume that the groundwater sample collected in June 2017 from
monitoring well MW-10(R) will be used as a representative upgradient sample, and the
groundwater samples collected from monitoring wells M-9S, M-9M, and M-9R will
represent groundwater downgradient of the southern portion of the closed landfill.

The PFAS groundwater samples will be collected after purging three well volumes with a
peristaltic pump, waterra inertial pump, or bailer. If the well runs dry, then we will
attempt to collect the sample after recharge. The sampling methods and materials will be
suitable for PFAS sampling and will be consistent with the sampling approach approved by
the NHDES for the June 2017 PFAS groundwater sampling at Four Hills Landfill.

The samples will be analyzed for both linear and branched PFAS isomers using a modified
U.S. Environmental Protection Agency Method 537 with isotope dilution for NHDES’ nine-
analyte list by a laboratory accredited by the Department of Defense or the National
Environmental Laboratory Accreditation Program with target reporting limits of 5
nanograms per liter or lower. Field blanks, trip blanks, or duplicate samples will not be
collected.

Following receipt of the analytical data, we will provide a data transmittal that will include
a cover letter, field documentation, and copies of the laboratory testing reports. Also,
Sanborn Head or the analytical laboratory will upload the data to the NHDES
Environmental Monitoring Database in accordance with the NHDES EMD Process for PFAS
Data Collected at HWRB Sites. Tabulated data will not be included as part of the data
transmittal.

Task6 General Engineering Services

Sanborn Head's services under this task will 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.

SANBORN i HEAD

june 13, 2017 Page 4

20170613 Lafleur FY2018 Services Scope.docx 3066.08

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

ae Estimated
Task Task Description Budget
1 Air Permit/Emissions Reporting and Related Services $26,000
2 Groundwater Reporting $20,000
3. | Annual Waste Capacity Evaluation $4,500
4 | Annual Financial Assurance Update $6,500
5 _| PFAS Sampling $11,000
6 _| General Engineering Services $12,000

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 2018. Please contact us should you require additional
information.

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

>

CE Rubeu

yah L. Clay, PéR) ? Eric S. Steinhauser, P.E., CPESC, CPSWQ
Project Manag Principal
RLC/HHL/ESS:rlc
Enclosed: Schedule of Fees

P:\3000s\3066.08\Project Control\FY 2018 General Engineering Proposal\20170613 Lafleur FY2018 Services Scope.docx

SANBORN i HEAD

EXHIBIT C

Fee Schedule
i
SANBORN ||| HEAD
"| Building Trust. Engineering Success.
SANBORN, HEAD & ASSOCIATES, INC.
2017 Schedule of Fees
City of Nashua, New Hampshire
Senior Vice President $202
Vice President $192
Project Director $181
Senior Project Manager $154
Project Manager $144
Senior Project Engineer/Geologist $126
Project Engineer/ Geologist $118
Engineer/Geologist $108
Supervising Technician $96
Senior Engineering Technician $87
Engineering Technician $81
Support Staff $70
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\,3066.08\ Project Control\FY 2018 General Engineering Proposal\SWCSA Std-2017 (Nashua).dacx

SANBORN, HEAD & ASSOCIATES. INC. ywwwosanbornhead.com

Oo :
nA G, UL, _

CY

\ THE CITY OF NASHUA “The Gate City"

Financial Services

Purchasing Department

RIE EI NRE? SEN Re IRE RR eI ame ee ee

July 27, 2017
Memo #18-020

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: TO APPROVE THE PURCHASE OF RECYCLING AND TRASH CARTS FROM TOTER
INC. (VALUE: NOT TO EXCEED $145,000)
DEPARTMENT: 168 SOLID WASTE; FUND: SOLID WASTE

Please see the attached communication from Jeff Lafleur, Solid Waste Department Superintendent dated
July 27, 2017 for the information related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. (5) Purchases from a sole manufacturer where it is
determined to be more efficient and economical to reduce costs of maintenance of additional repair parts,
supplies or services.

The Solid Waste Department Superintendent, Board of Public Works (July 27, 2017 meeting) and the

Purchasing Department recommend the award of this purchase in an amount not to exceed $145,000 to
Toter Inc. of Statesville, North Carolina.

Respectuly, en

an Kooken
Purchasing Manager

Ce: J Lafleur L Fauteux

229 Main Street e Nashua, New Hampshire 03061 ¢ Phone (603) 589-3330 e Fax (603) 589-3233 |

To:

From:

Re:

B. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: July 27, 2017

Jeff Lafleur, Superintendent
Solid Waste Department

To approve the purchase of Recycling and Trash carts from Toter Inc.

To approve the purchase of recycling and trash carts for curbside collection in an
amount not-to-exceed $145,000 from Toter Inc. located in Statesville, North
Carolina. Funding will be through: Department: 168 Solid Waste; Fund: Solid
Waste; Account Classification: 7] Equipment.

Toter Inc. has been the vendor supplying trash and recycling carts for the City of
Nashua since 2003 when the automated trash collection program started. The
curbside recycling program has grown immensely and the demands for recycling
carts are on the rise.

In October 2002 (RFP #0721-110802), a nine member committee comprised of
DPW, BPW, and Purchasing officials as well as a representative of the Board of
Aldermen and the general public interviewed prospective vendors and evaluated
their proposals. Toter Inc. was chosen and has been providing a quality product
and excellent service as well as honoring warranty claims presented.

REPORT OF THE FINANCE COMMITTEE
JULY 19, 2017

A meeting of the Finance Committee was held on Wednesday, July 19, 2017, at 7:00 p.m. in the Aldermanic
Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Alderman-at-Large Mark S. Cookson, Vice Chair
Alderman-at-Large Michael B. O’Brien
Alderman June M. Caron

Members not in Attendance: Alderman Ken Siegel
Alderman-at-Large Lori Wilshire
Alderman Benjamin M. Clemons

Also in Attendance: Steven A. Bolton, Corporation Counsel
Dan Kooken, Purchasing Manager
Noelle Osborne, Wastewater Department

PUBLIC COMMENT
COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: Purchase and Installation of Skateboard Park Fence (Value: $25,918)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND, CONTINGENT UPON
BOARD OF PUBLIC WORKS APPROVAL, AWARD THE CONTRACT TO GATE CITY FENCE
IN THE AMOUNT OF $25,918. FUNDS ARE AVAILABLE IN DEPARTMENT 177, PARKS AND
RECREATION; TRUST FUND, 54, CONSTRUCTION

ON THE QUESTION

Alderman Cookson

| believe | read there were 8 invitations that were sent out to bid on this. The 8 that were sent out were they
originally close?

Mr. Kooken

Yes, in general.
Alderman Cookson

The greater Nashua area.
Mr. Kooken

Yes.

Finance Committee - 7/19/2017 Page 2
Alderman Cookson

And we received a single bid back?

Mr. Kooken

We did.

Alderman Cookson

And this is the only bid that we have to qualify and react to this evening for $25,918?

Mr. Kooken

Yes.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of Various Chemicals for Wastewater Treatment Facility (Value: $310,000)

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
FROM POLYDYNE IN THE AMOUNT OF $300,000 AND THE PURCHASE FROM BASF CORPORATION

IN THE AMOUNT OF $10,000. SOURCE OF FUNDING IS DEPARTMENT 169, WASTEWATER

ON THE QUESTION

Alderman Cookson

At the last finance meeting we approved a similar purchase for various chemicals for the wastewater treatment
facility in the amount of $195,000. Tonight we’re looking at another purchase for $310,000. Why weren't the
two brought in at the same time for nearly half a million dollars?

Ms. Osborne

The chemicals are different. We don’t always stick everything together because we don’t like to overwhelm
you guys. We want to give you all the appropriate information. Polydyne is very different than the chemicals to
treat and disinfect the wastewater.

Alderman Cookson

But they could have been presented at the same time. There’s nothing that prevented that.

Ms. Osborne

Sure, yup.

Alderman Cookson

And you knew about this purchase when?