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or infringement of the copyright or patent laws of the United States or of any other nation.
Independent Contractor 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 Independent
Contractor infringes any copyright or that any equipment, material, or process (or any part
thereof) specified by Independent Contractor infringes any patent.

Independent Contractor 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.

Final Acceptance. Upon completion of all work under the contract, Independent Contractor
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 Independent Contractor in writing that the whole of the work was
completed on the date indicated in the notice or provide Independent Contractor with a
written list of work not completed. With respect to work listed by the City of Nashua as
incomplete, Independent Contractor 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.

Taxes. Independent Contractor 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. Independent Contractor 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.

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.

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.

Prohibited Interests. Independent Contractor 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. Independent Contractor warrants 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 Independent Contractor. If any such interest comes to

GC 11 of 13

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the attention of Independent Contractor at any time, a full and complete disclosure of the
interest shall be immediately made in writing to the City of Nashua. Independent Contractor
also warrants 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. Independent Contractor further warrants 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 Independent Contractor (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, Independent Contractor shall refund to the City of Nashua any
profits realized under this contract, and Independent Contractor 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.

Independent Contractor warrants that no gratuities (including, but not limited to,
entertainment or gifts) were offered or given by Independent Contractor 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.

Third Party Interests and Liabilities. The City of Nashua and Independent Contractor, 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 Independent Contractor.

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.

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.

GC 12 of 13

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Modification of Contract and Entire Agreement. This contract constitutes the entire contract
between the City of Nashua and Independent Contractor. 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.

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 13 of 13

ve. Nesra Engineering, LLC

Innovative Engineering

EXHIBIT B

(508) 221-7174
WWW.NESRAENG.COM

“EX ENGINEERING, LLC

September 14", 2021

Kelly Parkinson,
Purchasing Manager,
City of Nashua

229 Main Street,
Nashua, NH 03060

Re: #RFP0651-091421— Conceptual Field Study for Mine Falls Park Athletic Area

Dear Ms. Parkinson,

Nesra Engineering, LLC (Nesra) is pleased to provide the following proposal for Conceptual Field
Study at the Mine Falls Park Athletic Area. It is our understanding that the City of Nashua would like
to evaluate the possibility of constructing two synthetic turf athletic fields with associated seating,
lighting, storage and site amenities. Having reviewed the Request for Proposals, the associated Scope
of Services, and Addendum 1, we have prepared this proposal to detail our qualifications and
strategies for the Study.

Our dedicated team places high priority on understanding the needs and wants of our clients and their
communities to produce a final product that your staff, your residents, and the entire community can
be proud of.

Why choose Nesra? Nesra and our team of sub-consultants, together have over 17 years of in-depth
experience in athletic and recreational facility design, infrastructure design and development, civil,
geotechnical and environmental engineering. Particularly, Nesra has been providing master planning,
feasibility evaluations, peer review and consulting services, surveying, designing, civil engineering,
landscape planning, permitting, bid assistance, and construction management services for Athletic
facilities, parks, playgrounds, recreational facilities, subdivisions, and rail trails for many municipal
clients in New England. These facilities range from youth programs to NCAA competitive stadiums,
with over 100 different projects in Massachusetts alone.

Civil Engineering: Arsen Hambardzumian, Nesra’s Principal, has over 17 years of direct experience
providing design and renovations of athletic facilities, master planning, cost estimating, land
surveying services, engineering reports, full design, permitting, bid assistance, construction
administration, and construction layout for our municipal and private clients as well as value
engineering, consulting services, and as-built documentation for projects completed by others. This
gives Nesra a unique insight on the competition.

Land Surveying: Nesra provides comprehensive services including GPS data collection, Surveying
for design and construction, Existing Condition Surveys for utility as-built and design, Construction
Layout Services, as well as Commercial and Residential Perimeter Surveys.

(508) 221-7174
WWW.NESRAENG.COM

S ENGINEERING, LLC

Geotechnical Investigation: Through our subcontractor team, Nesra works with Geotechnical
Engineers to conduct geoprobes, borings, test pits, infiltration analysis, sampling and testing. Nesra
has direct experience with soil investigations, and Mr. Hambardzumian is a licensed soil evaluator.
We have worked with Terracon, a local geotechnical firm for over 10 years on many projects of
similar size and magnitude. Terracon’s qualifications and references are included for your review.

Diversity: Nesra employs a diverse team, including underrepresented minorities within our staff.
Nesra is also proud to work with subcontractors, as needed, that are designated as state MBE and
DBE firms.

We sincerely thank the City of Nashua for the opportunity to submit our qualifications in response to
your RFP. We have reviewed the request for qualifications and confirm and formally acknowledge
the receipt of all addenda.

Given our project history and in-depth knowledge of designing athletic and recreational facilities, we
feel we are uniquely suited to hit the ground running and are confident we can assist the City with
any needs it may have.

We look forward to the opportunity to meet with you and your team in person and discuss the project
in more detail. Feel free to contact me directly on my cell phone below at your convenience.

Very Truly Yours,

ABZ = e
fe i.
De fend ws

Arsen Hambardzumian, P.E.
President and Project Director
170 Bungay Road

North Attelboro, MA 02760
Cell: 508-221-7174

ah@nesraeng.com

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?—~°S ENGINEERING, LLC

TABLE OF CONTENTS

Opening:

Section 1:

Section 2:

Section 3:

Section 4:

Appendix A:

Letter of Interest/Executive Summary

Firm Qualifications and Experience

Team Org Chart & Staff Qualifications and Experience

Project Management Approach

Project Sheet Matrix

Forms & Additional References

Experience

Se NM. E. SRA ween erccey
‘ ENGINEERING, LLC

(508) 221-7174
WWW.NESRAENG.COM

!< ENGINEERING, LLC

&

Nesra’s Experience & Qualifications

Arsen Hambardzumian, P.E. founded Nesra Engineering in 2011 to provide municipal clients with a high-
touch approach to project development that he found missing in large engineering firms. Since our
establishment, Nesra has facilitated and contributed to over 100 projects in Massachusetts with more than

70 million dollars’ worth of infrastructure and recreational facility
upgrades. Arsen has over 17 years of experience in providing
Massachusetts-based municipalities with creative and cost effective
engineering solutions and has been directly involved in the design,
permitting, client communication, and presentation of every project since
Nesra’s inception.

TEAM EXPERTISE

This direct communication between the designer, client, and end users
ensures the final product reflects the true vision and expectation of all
stakeholders involved. Nesra not only provides full engineering services,
including bid assistance, construction administration, monitoring,
inspection and documentation services on our own projects, we also
provide these services to our competitors, contractors, and other
municipalities.

We feel the continued return of our municipal and private clients is
evidence of their satisfaction. This provides Nesra the validation to stay
true to our creative solution-based approach and commitment to over
deliver on our clients’ expectations. This repeat business and word of
mouth referrals are the source of our continued growth year after year.

We are well poised to help the City of Nashua because of our extensive

knowledge, experience, and in-depth understanding of the entire
development and redevelopment process for public recreational and athletic facilities from conception to
completion. Our wheelhouse of services includes master planning, municipal & state permitting (this
includes working closely with MEPA, EPA, MassDEP, MWRA, & U.S. Army Corps of Engineers) survey, layout,
independent testing, public outreach collaboration, as-built documentation, and contaminated soil
remediation. Having worked on many projects with contaminated soils, Nesra and our team of experts have
the qualifications and in-depth knowledge on how to safely and effectively provide environmental
remediation solutions.

Nesra has completed a plethora of projects which contain open space features, passive and active
recreational components like playgrounds, splash pads, athletic fields, multi-use athletic courts,
green spaces, ADA/AAB accessibility throughout, site amenities, supplemental structures, buildings,
archways, formalized entrances, monuments, pavers, plazas, seat walls, landscape planning &
features, irrigation design, streetscapes, hiking trails, and much more. If necessary, our team is available to
provide support on historic reviews, including coordination with the Massachusetts Historical
Commission (MHC) and the Architectural Access Board (AAB).

i - je NE. SR A (508) 221-7174

WWW.NESRAENG.COM

~~ ENGINEERING, LLC

Depending on the project, Nesra can also incorporate facilities designed to provide additional sources of
revenue for our clients. Nesra sets itself apart from the competition by the way we strive, on every project,
to create a unique focal point derived through community outreach, input from local officials, natural site
conditions and other factors which are critical in the design process.

An example of this is the community outreach process that Nesra advocated for to incorporate the Bike to
the Sea project in Everett. Nesra was at the forefront of this project which originally began at Sacramone
Park. Even though this bike path was not yet built, our team accounted for the path and the surrounding
Parks to ensure the trail seamlessly flowed through the various neighborhoods, parks, and athletic facilities
once it eventually connects to the adjacent town. Nesra also assisted the City of Nashua with the
grant writing process to help secure funds that were instrumental to finish the trail.

Below is a brief list of our most recent projects (2019 to 2021) where Nesra fully designed, permitted, and
provided construction administration on the following projects:

Sacramone Park, Everett, MA: Project involved Research, Survey, Community Outreach, Soil Testing,
Environmental Remediation, Schematic Design, 100% Design and Construction Documents, Construction
Estimates, Bid Specifications, Bid Assistance, Construction Administration, Project Closeout and Follow up.
(City funded; Cost 3.5M)

@ Winchester Community Park Sports Complex: This project is a 10.5 Million dollar indoor and outdoor
facility consisting of two outdoor soccer fields and one indoor 90,000 SF athletic stadium with
overhanging mezzanines, cross fit exercise areas, locker rooms, showers, administrative offices, kitchen,
dining area, and restrooms. The facility was constructed with a state-of-the-art drainage system
specifically designed to handle flooding by incorporating a series of drainage chambers within the
foundation. (Private Funded; Cost 10.5M+)

e@ Bentley University Football, Field Hockey, Lacrosse, and Softball Facilities, Waltham, MA: Nesra had the
honor of providing Bentley University with master planning and design services to upgrade their existing
football, field hockey, and lacrosse fields. The second phase of this project involves upgrading the
woman’s softball field. Nesra has provided Site Assessment, 100% Design, Permitting, Infiltration Testing,
Planarity Testing, Construction Administration and Layout. The Softball Field construction is currently on
hold due to COVI-19. (Private Funded; Cost 2.5M+)

e 175 Post Road Garages & Office Building: Nesra is currently working with the owner of this multi-million
dollar project to provide up to 8 upscale garage buildings, 1 multi-level office building, and expansive
parking lot. Nesra assisted with peer review services, high level permitting research, and 3D concept
modeling of the proposed facilities. (Private Funded; Cost 20M+)

® Swan Street Park — Phases | and Il, Everett, MA: Project involved Research, Survey, Community Outreach,
Schematic Design, Major Utility Relocation, 100% Design and Construction Documents & Estimates, Bid
Specifications, Bid Assistance, Construction Administration, Daily Inspection Reports, Project Closeout and
Follow up. (CPA funding; Cost 3M)