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Finance Committee - Agenda - 8/3/2016 - P161

By dnadmin on Mon, 11/07/2022 - 09:50
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
161
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

harmless obligations, or portions thereof, shall not apply to liability caused by the negligence or willful
misconduct of the party indemnified or held harmless.

13. FISCAL CONTINGENCY. All payments under this contract are contingent upon the availability to
the City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua fails to
appropriate monies for the ensuing fiscal year sufficient for the performance of this contract.

Nothing in this contract shall be construed to provide Professional Engineer with a right of payment over
any other entity. Any funds obligated by the City of Nashua under this contract that are not paid to
Professional Engineer shall automatically revert to the City of Nashua’s discretionary control upon the
completion, termination, or cancellation of the agreement. The City of Nashua shall not have any
obligation to re-award or to provide, in any manner, the unexpended funds to Professional Engineer.
Professional Engineer shall have no claim of any sort to the unexpended funds.

14, COMPENSATION. Review by the City of Nashua of Professional Engineer's submitted monthly
invoice forms and progress reports for payment will be promptly accomplished by the City of Nashua. If
there is insufficient information, the City of Nashua may require Professional Engineer to submit
additional information. Unless the City of Nashua, in its sole discretion, decides otherwise, the City of
Nashua shall pay Professional Engineer in full within 30 days of approval of the submitted monthly
invoice forms and progress reports.

15. COMPLIANCE WITH APPLICABLE LAWS. Professional Engineer, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations, ordinances,
orders, or requirements of any sort in carrying out the obligations of this contract, including, but not
limited to, all federal, state, and local accounting procedures and requirements, all immigration and
naturalization laws, and the Americans With Disabilities Act. Professional Engineer shall, throughout the
period services are to be performed under this contract, monitor for any changes to the applicable laws,
statutes, regulations, ordinances, orders, or requirements, shall promptly notify the City of Nashua in
writing of any changes to the same relating to or affecting this contract, and shall submit detailed
documentation of any effect of the change in terms of both time and cost of performing the contract.

16. NONDISCRIMINATION. If applicable or required under any federal or state law, statute,
regulation, order, or other requirement, Professional Engineer agrees to the following terms. Professional
Engineer will not discriminate against any employee or applicant for employment because of physical or
mental handicap in regard to any position for which the employee or applicant for employment is
qualified. Professional Engineer agrees to take affirmative action to employ, advance in employment, or
to otherwise treat qualified, handicapped individuals without discrimination based upon physical or
mental handicap in all employment practices, including but not limited to the following: employment,
upgrading, demotion, transfer, recruitment, advertising, layoff, termination, rates of pay, or other forms of
compensation and selection for training, including apprenticeship.

Without limitation of the foregoing, Professional Engineer's attention is directed to 41 C.F.R. § 60-1.4,
and the clause entitled "Equal Opportunity Clause,” which, by reference, is incorporated into this contract,
to 41 C.F.R. § 60-250 et seq. and the clause entitled "Affirmative Action Obligations of Professional
Engineers and Subcontractor for Disabled Veterans and Veterans of the Vietnam Era,” which, by
reference, is incorporated in this contract, and to 41 C.F.R. § 60-471 and the clause entitled "Affirmative
Action Obligations of Professional Engineers and Subcontractors for Handicapped Workers," which, by
this reference, is incorporated in this contract.

Professional Engineer agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub consultants to
participate to the extent possible, consistent with their qualification, quality of work, and obligation of
Professional Engineer under this contract.

GC 7 of 11

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Finance Committee - Agenda - 8/3/2016 - P161

Finance Committee - Agenda - 8/3/2016 - P162

By dnadmin on Mon, 11/07/2022 - 09:50
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
162
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

In connection with the performance of work under this contract, Professional Engineer agrees not to
discriminate against any employee or applicant for employment because of race, creed, color, national
origin, sex, age, or sexual orientation. This agreement includes, but is not limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.

Professional Engineer agrees, if applicable, to insert these provisions in all subcontracts, except for
subcontracts for standard commercial supplies or raw materials. Any violation of any applicable
provision by Professional Engineer shall constitute a material breach of the contract.

Te DER AL SUBCONTRACTING REQUIREMENTS. i folessional baginesr awards a-subeontract

18. ENDORSEMENT. Professional Engineer shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared by
Professional Engineer or under its direction as required under the laws of the State of New Hampshire.

19, ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING. Professional Engineer shail
not assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract without
the prior written consent of the City of Nashua. Any such assignment, transfer, delegation, or
subcontracting without the prior written consent of the City of Nashua is void. Any consent of the City of
Nashua to any assignment, transfer, delegation, or subcontracting shall only apply to the incidents
expressed and provided for in the written consent and shall not be deemed to be a consent to any
subsequent assignment, transfer, delegation, or subcontracting. Any such assignment, transfer,
delegation, or subcontract shall require compliance with or shall incorporate all terms and conditions set
forth in this agreement, including all incorporated Exhibits and written amendments or modifications.
Subject to the foregoing provisions, the contract inures to the benefit of, and is binding upon, the
successors and assigns of the parties.

20. CITY INSPECTION OF CONTRACT MATERIALS. The books, records, documents and accounting
procedures and practices. of Professional Engineer related to this contract shall be subject to inspection,
examination and audit by the City of Nashua, including, but not limited to, the contracting agency, the
Board of Public Works, Corporation Counsel, and, if applicable, the Comptroller General of the United
States, or any authorized representative of those entities.

21. DISPOSITION OF CONTRACT MATERIALS. Any books, reports, studies, photographs, negatives
or other documents, data, drawings or other materials, including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Professional Engineer in
the performance of its obligations under this contract are Instruments of Service. Ordinarily, ownership
of Instruments of Service is maintained by the Professional Engineer; however, in this instance the
Professional Engineer shall transfer ownership to the City of Nashua upon receipt of final payment for the
services and all such materials shall be remitted and delivered, at Professional Engineer's expense, by

GC 8 of 11

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Finance Committee - Agenda - 8/3/2016 - P162

Finance Committee - Agenda - 8/3/2016 - P163

By dnadmin on Mon, 11/07/2022 - 09:50
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
163
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

Professional Engineer to the City of Nashua upon completion, termination, or cancellation of this
contract. Alternatively, if the City of Nashua provides its written approval to Professional Engineer, any
books, reports, studies, photographs, negatives or other documents, data, drawings or other materials
including but not limited to those contained in media of any sort (e.g., electronic, magnetic, digital)
prepared by or supplied to Professional Engineer in the performance of its obligations under this contract
must be retained by Professional Engineer for a minimum of four years after final payment is made and
all other pending matters are closed. If, at any time during the retention period, the City of Nashua, in
writing, requests any or all of the materials, then Professional Engineer shall promptly remit and deliver
the materials, at Professional Engineer's expense, to the City of Nashua. Professional Engineer shall not
use, willingly allow or cause to have such materials used for any purpose other than the performance of
Professional Engineer's obligations under this contract without the prior written consent of the City of
Nashua.

The City of Nashua acknowledges that the Professional Engineer’s Instruments of Service are not
represented to be suitable for use of reuse for any other applications or site without written verification
from the Professional Engineer and any such use or reuse without written verification from the
Professional Engineer will be at the City of Nashua’s sole risk and without liability to the Professional
Engineer. :

22. PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS. Professional Engineer expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Professional Engineer
(including those remitted to the City of Nashua by Professional Engineer pursuant to paragraph 21),
unless designated as confidential by a specific statue of the State of New Hampshire, shall be treated as
public records and shall be available for inspection and copying by any person, or any governmental
entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other materials
including but not limited to those contained in media of any sort (e.g., electronic, magnetic, digital!)
prepared by or supplied to Professional Engineer in the performance of its obligations under this contract
shall be the subject of any application for a copyright or patent by or on behalf of Professional Engineer.
The City of Nashua shall have the right to reproduce any such materials,

Professional Engineer expressly and indefinitely waives all of its rights to bring, including but not limited
to, by way of complaint, interpleader, intervention, or any third party practice, any claims, demands, suits,
actions, judgments, or executions, for damages or any other relief, in any administrative or judicial forum,
against the City of Nashua or any of its officers or employees, in either their official or individual
capacity of the City of Nashua, for violations of or infringement of the copyright or patent laws of the
United States or of any other nation. Professional Engineer agrees to indemnify, to defend, and to hold
harmless the City of Nashua, its representatives, and employees from any claim or action seeking to
impose liability, costs, and attorney fees incurred as a result of or in connection with any claim, whether
rightful or otherwise, that any material prepared by or supplied to Professional Engineer infringes any
copyright or that any equipment, material, or process (or any part thereof) specified by Professional
Engineer infringes any patent.

Professional Engineer shall have the right, in order to avoid such claims or actions, to substitute at its
expense non-infringing materials, concepts, products, or processes, or to modify such infringing
materials, concepts, products, or processes so they become non-infringing, or to obtain the necessary
licenses to use the infringing materials, concepts, products, or processes, provided that such substituted or
modified materials, concepts, products, or processes shall meet all the requirements and be subject to all
the terms and conditions of this contract.

23. FINAL ACCEPTANCE. Upon completion of all work under the contract, Professional Engineer

shall notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of Nashua

GC 9 of 11

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Finance Committee - Agenda - 8/3/2016 - P163

Finance Committee - Agenda - 8/3/2016 - P164

By dnadmin on Mon, 11/07/2022 - 09:50
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
164
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

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

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Finance Committee - Agenda - 8/3/2016 - P164

Finance Committee - Agenda - 8/3/2016 - P165

By dnadmin on Mon, 11/07/2022 - 09:50
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
165
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

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

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Finance Committee - Agenda - 8/3/2016 - P165

Finance Committee - Agenda - 4/6/2022 - P10

By dnadmin on Sun, 11/06/2022 - 21:43
Document Date
Fri, 04/01/2022 - 08:56
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/06/2022 - 00:00
Page Number
10
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__040620…

1.

General Terms and Conditions

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

PROFESSIONAL CONSULTANT STATUS The parties agree that Professional Consultant shall
have the status of and shall perform all work under this contract as a Professional
Consultant, 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 Consultant, and nothing in this contract shall create any
contractual relationship between the City of Nashua and Professional Consultant's
consultants, sub consultants, contractors, or subcontractors. The parties also agree that
Professional Consultant 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 Consultant 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 Consultant shall be responsible for the professional
quality, technical accuracy, timely completion, and coordination of all work performed
under this contract. Professional Consultant warrants that all work shall be performed with
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 Consultant 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 Consultant 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 Consultant'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 Consultant shall not in any way relieve Professional Consultant 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 Consultant'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 Consultant shall be and remain
liable in accordance with the terms of the contract and applicable law.

Professional Consultant shall furnish competent and skilled personnel to perform the work
under this contract. The City of Nashua reserves the right to approve key personnel

GC 2 of 13

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Finance Committee - Agenda - 4/6/2022 - P10

Finance Committee - Agenda - 8/3/2016 - P166

By dnadmin on Mon, 11/07/2022 - 09:50
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
166
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

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

Page Image
Finance Committee - Agenda - 8/3/2016 - P166

Finance Committee - Agenda - 8/3/2016 - P167

By dnadmin on Mon, 11/07/2022 - 09:50
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
167
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

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.

Page Image
Finance Committee - Agenda - 8/3/2016 - P167

Finance Committee - Agenda - 8/3/2016 - P168

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
168
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

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

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Finance Committee - Agenda - 8/3/2016 - P168

Finance Committee - Agenda - 8/3/2016 - P169

By dnadmin on Mon, 11/07/2022 - 09:51
Document Date
Wed, 08/03/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2016 - 00:00
Page Number
169
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

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

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