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December 7, 2020 Page 2
20201207 Budget Increase Letter.docx

types of projects, we expect to receive, and are providing a budget to respond to, the
following comment letters:

NHDES Solid Waste Bureau ~ completeness review (received November 20, 2020);

NHDES Solid Waste Bureau - design review;

NHDES AoT Bureau - design review; and

NHF&G - general review.
Additionally, a series of meetings and a public hearing will be required as part of the next
phase a permitting. Therefore, Sanborn Head is providing revised budget for the following:

= Prepare for and attend two (2) meetings with the NHDES Solid Waste Bureau to discuss
the project and their comments;

= Prepare for and attend a public hearing which is required as part of a Type I-A PMA; and
= Coordination with the City.

Budget Adjustment

As previously mentioned, in 2016 Sanborn Head recommended that the City budget
$200,000 to complete the above-listed services as well as the construction-related items for
the first stage of Phase IV (i.e., Type II PMA and bid documents). Considering the lapse in
time, our revised opinion of cost for the above is $215,000, broken down as follows:

a Permits Support Services;

o Solid Waste Bureau completeness review letter - $30,000
o Solid Waste Bureau design review letter - $70,000
o AoT Bureau design review letter - $15,000
a NHF&G general review letter - $5,000
a Support & meetings - $15,000
= Type II PMA and Construction Bid Documents - $80,000.

Acceptance

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

SANBORN i HEAD

December 7, 2020 Page 3
20201207 Budget Increase Letter.docx

Thank you for the opportunity to be of continued service to the City. We look forward to
continuing to work with you on this project. Please contact us should you require additional
information.

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

Yuh Ab: Alen S Sorcbasen

Edward A. Galvin, P.E. Eric S. Steinhauser, P.E., CPESC, CPSWQ
Project Manager Senior Vice President and Principal
EAG/ESS:eag

P:\3000s\3066.11\Project Control\ Budget Increase\20201207 Budget Increase Letter.docx

SANBORN i HEAD

PRAT re eRe nats eee ee ae pan ae ee eae Ske Senge ee ge ea Rene) ae)

ELEN SEn

CONTRACT FOR PROFESSIONAL SERVICES

PHASE IV LANDFILL PERMIT SUPPORT SERVICES

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

SANBORN, HEAD &ASSOCIATES, INC.
and its successors, transferees and assignees (together “Professional Engineer”)

NAME AND TITLE OF PROFESSIONAL ENGINEER

20 FOUNDRY STREET, CONCORD, NH 03301

ADDRESS OF PROFESSIONAL ENGINEER

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time to
time requires the services of a Professional Engineer ; and

WHEREAS, it is deemed that the services of a Professional Engineer herein specified are both necessary
and desirable and in the best interests of the City of Nashua; and

WHEREAS, Professional Engineer represents they are duly qualified, equipped, staffed, ready, willing
and able to perform and render the services hereafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and are
made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B--Scope of Services, Contract Time, Fee Schedule

The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which are
not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written change
order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the written change
order or the fully executed City of Nashua Purchase Order shall control over the terms of the Proposal.

2. WORK TO BE PERFORMED. Except as otherwise provided in this contract, Professional Engineer shall
furnish all services, equipment, and materials and shall perform all operations necessary and required to carry
out and perform in accordance with the terms and conditions of the contract the work described.

AG 1 of 3

DESCRIPTION OF WORK:

Assist the City of Nashua’s Solid Waste Department with a response to New Hampshire Department of
Environmental Services (NHDES) for the Phase IV Landfill Expansion Permit. NHDES Solid Waste
Bureau has requested additional information in order to deem the permit application complete.

3. PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work by_June 30, 2021,
which date shall only be altered by mutually approved written agreement to extend the period of performance
or by termination in accordance with the terms of the contract. Professional Engineer shall begin performance
upon receipt of an Executed Contract and a valid Purchase Order issued from the City of Nashua.

4, COMPENSATION. Professional Engineer agrees to perform the work for a total cost not to exceed
THIRTY THOUSAND and 00/100 DOLLARS ($30,000.00)

The Contract Sum shall include all items and services necessary for the proper execution and completion of the
Work.

Unless Professional Engineer has received a written exemption from the City of Nashua, Professional Engineer
shall submit monthly requests for payment for services performed under this agreement in accordance with the
values stated in the Agreement. Such requests shall be supported by such data substantiating the Professional
Engineer’s right to payment as the City of Nashua may reasonably require. Professional Engineer shall submit
monthly requests for payment for services performed under this agreement shall be submitted as follows:

» Electronically via email to VendorAPInvoices@NashuaNH.gov
OR
» Paper Copies via US Mail to:
City of Nashua, City Hall
Accounts Payable

229 Main Street
Nashua, NH 03060

Please_do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires that all
submitted invoices contain a valid PURCHASE ORDER NUMBER.

Requests for payment shall be submitted no later than fifteen (15) days after the end of each month and must
include a detailed summary of the expenditures reported in a form that supports the approved budget.
Specifically, Professional Engineer agrees to provide the following with each request for payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number, a listing of
personnel hours and billing rates, and other expenditures for which payment is sought.

2. A progress report. The report shall include, for each monthly reporting period, a description of the
work accomplished, problems experienced, upcoming work, any extra work carried out, and a
schedule showing actual expenditures billed for the period, cumulative total expenditures billed and
paid to date under the contract, and a comparison of cumulative total expenditures billed and paid to
the approved budget.

AG 2 of 3

The City of Nashua will pay for work satisfactorily completed by Professional Engineer. The City of Nashua
will pay Professional Engineer within 30 days of approval by the City of Nashua of the submitted invoice
forms and progress reports. The City of Nashua will make no payments until the invoice forms and progress
reports have been submitted and approved.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved by
the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract shall be
in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage prepaid, and
registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:
Jeff Lafleur, Superintendent Eric S. Steinhauser, P.E., CPESC, CPSWQ
City of Nashua, Solid Waste Department Sanborn, Head & Associates
840 West Hollis Street 20 Foundry Street
Nashua, NH 03062 Concord, NH 03301

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be given
to and received by the addressee thereof on the third business day after being deposited in the mail. The City
of Nashua or Professional Engineer may change the address or representative by giving written notice to the
other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally bound
thereby.

0S, Sorbets

City of Nashua, NH (signature) Sanborn Head and Associates (signature)
James Donchess, Mayor Eric S. Steinhauser, Senior Vice President
(Printed Name and Title) (Printed Name and Title)

December 18, 2020
Date Date

AG 3 of 3

IAM SF YN

*

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL ENGINEER STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT
CHOICE OF LAW AND VENUE

RELIANCE ON REPRESENTATIONS

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General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Professional Engineer”, and its
successors, transferees and assignees (together “Professional Engineer”) includes any of the
Professional Engineer's consultants, sub consultants, contractors, and subcontractors

PROFESSIONAL ENGINEER STATUS The parties agree that Professional Engineer shall have the
status of and shall perform all work under this contract as a Professional Engineer, maintaining
control over all its consultants, sub consultants, contractors, or subcontractors. The only
contractual relationship created by this contract is between the City of Nashua and Professional
Engineer, and nothing in this contract shall create any contractual relationship between the City
of Nashua and Professional Engineer's consultants, sub consultants, contractors, or
subcontractors. The parties also agree that Professional Engineer is not a City of Nashua
employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;

(4) Participation or contributions by either the Professional Engineer or the City of
Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Professional Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. The standard of care of the Professional Engineer’s is the degree of professional skill,
care, diligence, and sound practices and judgment that are normally exercised by recognized
professional firms with respect to services of a similar nature. It shall be the duty of Professional
Engineer to assure at its own expense that all work is technically sound and in conformance with
all applicable federal, state, and local laws, statutes, regulations, ordinances, orders, or other
requirements. In addition to all other rights which the City of Nashua may have, Professional
Engineer shall, at its own expense and without additional compensation, re-perform work to
correct or revise any deficiencies, omissions, or errors in the work or the product of the work or
which result from Professional Engineer's failure to perform in accordance with this standard of
care. Any approval by the City of Nashua of any products or services furnished or used by
Professional Engineer shall not in any way relieve Professional Engineer of the responsibility for
professional and technical accuracy and adequacy of its work. City of Nashua review, approval,
or acceptance of, or payment for any of Professional Engineer's work under this contract shall not
operate as a waiver of any of the City of Nashua's rights or causes of action under this contract,
and Professional Engineer shall be and remain liable in accordance with the terms of the contract
and applicable law.

Professional Engineer shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
Professional Engineer to perform work under this contract. Approved key personnel shall not be
taken off of the project by Professional Engineer without the prior written approval of the City of
Nashua, except in the event of termination of employment. Professional Engineer shall, if
requested to do so by the City of Nashua, remove from the job any personnel whom the City of
Nashua determines to be incompetent, dishonest, or uncooperative.

GC 2 of 11

Board of Aldermen — 9/12/17 Page 39

R-17-117
Endorsers: Alderman-at-Large Lori Wilshire
Alderwoman Mary Ann Melizzi-Golja
Alderman Tom Lopez
RELATIVE TO THE USE OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR 22 MARSHALL STREET
Given its second reading;

MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-17-117
MOTION CARRIED

Resolution R-17-117 declared duly adopted.

R-17-118
Endorsers: Mayor Jim Donchess
Alderwoman Mary Ann Melizzi-Golja
Alderman Richard A. Dowd
Alderman June M. Caron
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF A $2,900,000 LEAD-BASED
PAINT HAZARD CONTROL GRANT FROM THE US DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
Given its second reading;

MOTION BY ALDERWOMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF R-17-118
MOTION CARRIED

Resolution R-17-118 declared duly adopted.

R-17-119
Endorsers: Alderman-at-Large Brian S. McCarthy
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman June M. Caron
RELATIVE TO A BALLOT REFERENDUM TO ALLOW KENO WITHIN THE CITY OF NASHUA
Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-17-119
ON THE QUESTION
Alderman Cookson

The discussion we had on Keno with the representative, was that a public hearing or was that just an
informational meeting that was held in these Chambers?

President McCarthy

That was an informational meeting. If this passes, we will schedule a public hearing between 15 and 30 days
before the election.

4. CITY OF NASHUA REPRESENTATIVE ‘The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
Professional Engineer, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.

5. CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work to be
performed, either increasing or decreasing the scope, character, or cost of Professional Engineer's
performance under the contract. Professional Engineer shall provide to the City of Nashua within
10 calendar days, a written proposal for accomplishing the change. The proposal for a change
shall provide enough detail, including personnel hours for each sub-task and cost breakdowns of
tasks, for the City of Nashua to be able to adequately analyze the proposal. The City of Nashua
will then determine in writing if Professional Engineer should proceed with any or all of the
proposed change. If the change causes an increase or a decrease in Professional Engineer's cost
or time required for performance of the contract as a whole, an equitable adjustment shall be
made and the contract accordingly modified in writing. Any claim of Professional Engineer for
adjustment under this clause shall be asserted in writing within 30 days of the date the City of
Nashua notified Professional Engineer of the change.

When Professional Engineer seeks changes, Professional Engineer shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify the
City of Nashua in writing of the estimate. The proposal for a change shall provide enough detail,
including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua
to be able to adequately analyze the proposal. The City of Nashua will then determine in writing
if Professional Engineer should proceed with any or all of the proposed change.

Except as provided in this paragraph, Professional Engineer shall implement no change unless the
City of Nashua in writing approves the change. Unless otherwise agreed to in writing, the
provisions of this contract shall apply to all changes. The City of Nashua may provide verbal
approval of a change when the City of Nashua, in its sole discretion, determines that time is
critical or public health and safety are of concern. Any verbal approval shall be confirmed in
writing as soon as practicable. Any change undertaken without prior City of Nashua approval
shall not be compensated and is, at the City of Nashua’'s election, sufficient reason for contract
termination.

6. CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will cooperate
with Professional Engineer in the performance of its work under this contract and that such
personnel will be available to Professional Engineer for consultation at reasonable times and after
being given sufficient advance notice that will prevent conflict with their other responsibilities.
The City of Nashua also agrees to provide Professional Engineer with access to City of Nashua
records in a reasonable time and manner and to schedule items that require action by the Board of
Public Works and Finance Committee in a timely manner. The City of Nashua and Professional
Engineer also agree to attend all meetings called by the City of Nashua or Professional Engineer
to discuss the work under the Contract, and that Professional Engineer may elect to conduct and
record such meetings and shall later distribute prepared minutes of the meeting to the City of
Nashua.

7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Engineer represents that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing,
and has concluded that the City of Nashua's resolution of each matter is satisfactory to
Professional Engineer. All future questions Professional Engineer may have conceming
interpretation or clarification of this contract shall be submitted in writing to the City of Nashua
within 10 calendar days of their arising. The writing shall state clearly and in full detail the basis
for Professional Engineer's question or position. The City of Nashua representative shall render a

GC 3 of 11

decision within 15 calendar days. The City of Nashua's decision on the matter is final. Any work
affected by a conflict, error, omission, or discrepancy which has been performed by Professional
Engineer prior to having received the City of Nashua's resolution shall be at Professional
Engineer's risk and expense. At all times, Professional Engineer shall carry on the work under
this contract and maintain and complete work in accordance with the requirements of the contract
or determination of the City of Nashua. Professional Engineer is responsible for requesting
clarification or interpretation and is solely liable for any cost or expense arising from its failure to
do so.

TERMINATION OF CONTRACT

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its sole
discretion, shall have the right to terminate, abandon, or suspend all or part of the project and
contract at will. If the City of Nashua chooses to terminate, abandon, or suspend all or part of the
project, it shall provide Professional Engineer 10 day’s written notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Professional Engineer
shall:

Immediately discontinue work on the date and to the extent specified in the notice.
Place no further orders or subcontracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract
that is not terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or subcontracts to the extent they relate
to the performance of work terminated, abandoned, or suspended under the notice,
assign to the City of Nashua any orders or subcontracts specified in the notice, and
revoke agreements specified in the notice.

4. Not resume work after the effective date of a notice of suspension until receipt of a

written notice from the City of Nashua to resume performance.

Ne

In the event of a termination, abandonment, or suspension at will, Professional Engineer shall
receive all amounts due and not previously paid to Professional Engineer for work satisfactorily
completed in accordance with the contract prior to the date of the notice and compensation for
work thereafter completed as specified in the notice. No amount shall be allowed or paid for
anticipated profit on unperformed services or other unperformed work.

B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on 10
calendar day’s written notice to Professional Engineer in the event of a failure by Professional
Engineer to adhere to any or all the terms and conditions of the contract or for failure to
satisfactorily, in the sole opinion of the City of Nashua, to complete or make sufficient progress
on the work in a timely and professional manner. Professional Engineer shall be given an
opportunity for consultation with the City of Nashua prior to the effective date of the termination.
Professional Engineer may terminate the contract on 10 calendar days written notice if, through
no fault of Professional Engineer, the City of Nashua fails to pay Professional Engineer for 45
days after the date of approval by the City of Nashua of any Application for Payment.

Upon receipt of notice of termination for cause, Professional Engineer shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.
2. Provide the City of Nashua with a list of all unperformed services.

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