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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.

21. 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.

22. 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
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.

23. 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.

GC 9 of 11

Greater Nashua

Chamberof
Commerce

DARE TO SUCCEED

September 27, 2016 142 Main Street, Fifth Floor
Nashua, NH 03060

The Honorable James Donchess, Mayor Phone: 603-881-8333

Members of the Board of Aldermen Fax: 603-881-7323

City of Nashua www.nashuachamber.com

229 Main Street
Nashua, NH 03060

Dear Mayor Donchess and Aldermen,

On behalf of the Greater Nashua Chamber of Commerce, | wish to offer our strong support for the original
language of the resolution “Affirming the City of Nashua, New Hampshire as a Welcoming City and to
Participate in the Welcoming America Initiative,” which is being reported out of Committee this evening.

Our city’s diversity enriches our lives, our businesses, our economy and our neighborhoods. Our Chamber
stands proudly to celebrate and capitalize on our growing diversity; we believe so strongly in this work that
in March 2016, we formally incorporated this as a goal in our Strategic Plan, which will guide our focus and
our work for the next three to five years.

As our region's leading business organization, we see this as much more than a social issue - it’s an
economic one.

e Our newest Americans bring a strong entrepreneurial spirit to our community. More than 5,500
immigrants in NH are self-employed and nearly 21,000 people in our State are employed at firms
owned by immigrants.

e In 2014, immigrants in NH earned $3.2 billion, contributing nearly $170 million to our state and local
tax base, with $2.4 billion in spending power.

* Immigrants are more likely to be of working age than our native-born population - an important
asset as our State’s population ages ~ and over 51% more likely to hold a graduate degree.

At the Chamber, we are actively involved in work with both India and Israel to explore opportunities to
expand economic opportunities and investments in our city. Adoption of this Resolution, with a
commitment to being part of the larger Welcoming America Initiative, sends a clear and compelling message
of “Welcome, we're the best place to do business” to those exploring what our city has to offer.

Sincerely,

racy S. Hatch
President and C

SECTION 02252
SUPPORT OF

EXCAVATION

PART 1 - GENERAL

1.01

A.

WORK INCLUDED:

This section of the specification covers sheeting and bracing for support of
excavations. The requirements of this section shall also apply, as appropriate, to
other methods of excavation support and underpinning which the Contractor elects to

use to complete the work.

The Contractor shall furnish and place sheeting of the kinds and dimensions required,
complying with these specifications, where indicated on the drawings or ordered by

the Engineer.

RELATED WORK:

Section 02300, EARTHWORK.
QUALITY ASSURANCE:

This project is subject to the Safety and Health regulations of the U.S. Department of
Labor set forth in 29 CFR, Part 1926, and to New Hampshire law, RSA, Title XXIII:
Labor. Contractors shall be familiar with the requirements of these regulations.

The excavation support system shall be of sufficient strength and be provided with
adequate bracing to support all loads to which it will be subjected. The excavation
support system shall be designed to prevent any movement of earth that would
diminish the width of the excavation or damage or endanger adjacent structures.

PART 2 - PRODUCTS

2.01 MATERIALS:

A. Steel used for bracing shall be of such size and strength as required in the excavation
support design. Timber or steel used for bracing shall be new or undamaged used
material which does not contain splices, cutouts, patches, or other alterations which
would impair its structural integrity or strength.

2022 Sewer Replacement Project Support of Excavation

Nashua, NH 02252-1

24, NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this contract
shall 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.

25. 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.

26. 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.

27, 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.

28. 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.

29. 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

GC 10 of 11

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