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(2) Industrial insurance coverage provided by the Owner;

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

(4) Participation or contributions by either the independent contractor or the Owner to the public
employee’s retirement system;

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

(6) Unemployment compensation coverage provided by the Owner.

= Ali deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.
If aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage, Contractor

must maintain umbrella liability insurance of at least $1,000,000. All aggregates must be fully disclosed
on the required certificate of insurance.

= The specified insurance requirements do not relieve Contractor of its responsibilities or limit the amount of
its liability to the Owner or other persons, and Contractor is encouraged to purchase such additional
insurance, as it deems necessary.

@ The insurance provided herein is primary, and no insurance held or owned by the Owner shall be called

upon to contribute to a loss.
PAGE 31

§ 11.3.1 Unless otherwise provided, the Ownere-Contractor shall purchase and maintain, in a company or companies
lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a
builder’s risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent
Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire
Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be
maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and
entities who are beneficiaries of such insurance, unti! final payment has been made as provided in Section 9.10 or
until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3
to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors
and Sub-subcontractors in the Project.

PAGE 32

§ 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the
Work in transit. The insurance shall include a permission to occupy endorsement.

§ 11.3.2 BOILER AND MACHINERY INSURANCE (NOTE: Does the contract involve any new boilers, compressors or
pressure vessels? If so, keep Risk in the loop)

The Owner, at the Owner’s option, may purchase and maintain such insurance as will insure the Owner against loss

of use ¢ of the Owner’ s property due t to fire or other hazards, however caused. The Over waives ait rights of action

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 4
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)

§ 11.3.6 Before an exposure to loss may occur, the QwnerContractor shall file with the Gentracter Owner a copy
of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all
generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall
contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced,
until at least 30 days’ prior written notice has been given to the Contractor.

PAGE 33

§ 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of
Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties
established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents,
any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor
shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously
given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after
discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the

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
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)

5

t

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
protected by U.S. Copyright Law and Intemational Toeaties. Unauiboriged sopraduchen ar distesainn af this ALAS Decument, of any portion ad it,
may regult ia cevere civil and criming! penaities, and will bo prosecuted fo [he memconmam catont postibic under the low, Thus docurnent was produced by

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

FEMA PUBLIC ASSISTANCE cones

In addition, iParametrics has provides PA Subject Matter Experts and Policy Advisors to FEMA's
Joint Recovery Office (RO) and supported all elements of CRC operations. These professionals
have worked with Section 428 Alternative Procedures and the Bipartisan Budget Act of 20/8
(BBA).As onsite Policy Advisors, our staff provides recommendations and coaching on methods
ior more efficient and concise project formulation, in addition to developing fixed-price cost
estimates for multiple facility projects under Section 428 procedures.

ACTION

Our staff works side-by-side with FEMA, State and local agencies to ensure a recovery that is
sensitive to the specific needs of local communities and consistent with Federal policy. Our staff
participates in all phases of recovery from mission planning to project closeout. We support
scope development, the documentation and formulation of FEMA PWs, cost development and
validation, QA/QC and audit, mitigation, closeout activities and all functions of applicant support
within the FEMA Consolidated Resource Centers (CRC}.

RESULT

Our team has assisted on over 60 presidentially-declared disasters since 2005. 78% of our staff

Qo members have received performance assessments of Exceptional or Higher Than Expected
with 20% performing at least as expected. This performance makes iParametrics one of the top

performers on the entire PATAC Contract.

“itParametrics has performed as a sub-contractor on the FEMA Public Assistance contract
since 2005 providing wide ranging technical expertise to projects throughout the United

States in support of nationwide disaster recovery efforts on behalf of FEMA. The nature

of this work is often times technically complex, unpredicrable, highly scrutinized and time

sensitive. Your team has performed in exceptional fashian, providing nigh quality work
under often times stressful and exhaustive workloads. We look forward to your long-

term participation and support as a member of Fluor’s Public Assistance team.”

Program Director Fluor Government Group, Fluor Corporation

i>

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