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Nashua, WWTF - Wash Press Chute Modifications Project
Task A. Preliminary Design

1)

2)

3)

4)

Hold a project kick-off meeting and site visit to confirm existing conditions with the Screenings Room and
Screenings Garage.
Prepare a technical memorandum and preliminary drawing for replacement of one (or more) 90-degree
bend fittings on the discharge piping of Wash Press No. 1 and No. 2.

a. $dentify two alternative discharge piping alignments and associated building system modifications

(structural, architectural).

b. Meet with the City to review alternatives and select one alignment to move forward with.
Submit wash press discharge piping technical memorandum to the City for review and comment. Meet
with the City.
Submit final memorandum to NHDES for review and comment. Final document to be incorporated into Dry
Well Upgrade Preliminary Design Report package.

Task B. Final Design
Based upon the approved basis of design memorandum, the final design will be prepared.

1)

Develop 60% Contract Documents

a. Prepare drawings and draft specifications for constructing the project (front-end bidding
specifications and general drawing sheets will be developed under the concurrent Dry Well
Upgrade project) in accordance with City and NHDES requirements. Prepare construction cost
estimate.

b. Meet with the City to review the 60% package (it is assumed this meeting will occur concurrent
with the 60% design review of the Dry Well Upgrade project).

c. Submit the 60% design package to NHDES for review and comment.

2) Develop 95% Contract Documents

a. Based on feedback from the 60% design review meeting, update the plans, technical specifications
and construction cost estimate.

b. Submit draft 95% plans, technical specifications and cost estimate to City for their review.

c. Meet with the City to review the 95% package (it is assumed this meeting will occur concurrent
with the 95% design review of the Dry Well Upgrade project).

d. Submit the 95% design package to NHDES for review and comment.

3) Prepare Final Plans, Technical Specifications and Cost Estimate — upon the City and NHDES acceptance of

the 95% plans and technical specifications, Wright-Pierce shall proceed with the final, bid-ready design
plans, technical specifications and estimates for construction costs. Final front-end bidding specifications
and general drawing sheets will be developed under the Dry Well Upgrade project.

Task C. Bidding Services

1} Provide a small allowance for assistance with bidding and construction administration.

WrIGHT-PieERCE = 2 of 2

Engineering a Better Environment

R-21-169

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO AN AGREEMENT AND
CONSENT TO JOINT USE WITH LIBERTY UTILITIES AND MAKING A
SUPPLEMENTAL APPROPRIATION OF $38,394

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that the City is authorized
to enter into an Agreement and Consent to Joint Use with Liberty Utilities in substantially the
same form as the attached.

FURTHER RESOLVED that the Mayor, with the assistance of the Office of Corporation
Counsel, is authorized to take all necessary actions and prepare and execute the Agreement and
Consent to Joint Use and all documents contemplated by, or related or required to effectuate the
Agreement and Consent to Joint Use.

FURTHER RESOLVED to appropriate $38,394.00 of FY2022 unanticipated revenue
from Department #160 “Public Works Administration & Engineering”, Account #45999
“Miscellaneous Revenue” into Department #160 “Public Works Administration & Engineering,
Account #54210 “Construction Services”. This represents a one-time payment from Liberty
Utilities to cover the City’s cost to reline the existing drain line in the area of 39 Swart Terrace,
where the new gas main will be installed.

IE Liberty’

August 13, 2021

City of Nashua — Engineering Department
ATTN: Daniel Hudson, P.E.

9 Riverside Street

Nashua, NH 03062

RE: Agreement and Consent to Joint Use (off Swart Terrace)

Dear Mr. Hudson,

As discussed, and subject to the City of Nashua’s approval of the “Agreement and
Consent to Joint Use” for 39 Swart Terrace, Nashua, Liberty agrees to compensate the City of Nashua
in the amount of $38,394.00. This one-time payment reflects the City’s cost to reline the existing drain
line in the area where the new gas main will be installed, parallel to the existing drain line within the
above lot.

Liberty will provide this payment in the form of a check prior to the installation of the new gas
main.

Sincerely,

Tracy Musto

Manager, Gas Operations — Construction
Liberty Utilities

After recording return to:
Erica O'Sullivan

Liberty Utilities

9 Lowell Road

Salem, NH 03079

AGREEMENT AND CONSENT TO JOINT USE

AGREEMENT made this day of , 2021 by and between the City of
Nashua, New Hampshire, a New Hampshire municipal corporation, with a business address of
229 Main Street, Nashua, New Hampshire 03061 and a mailing address c/o Dan Hudson, City
Engineer, 9 Riverside Street, Nashua, NH 03062 (hereinafter referred to as NASHUA) and
LIBERTY UTILITIES (ENERGYNORTH NATURAL GAS) CORP., a New Hampshire
corporation, having its principal place of business at 15 Buttrick Road, Londonderry, New
Hampshire 03053 (hereinafter referred to as LIBERTY);

WITNESSETH THAT

WHEREAS NASHOA acquired certain temporary and permanent easement rights over
premises in Nashua described as Parcel 12, Sheet 12 as shown on the plans entitled “Sewer
Easement Plans, North Merrimack River Interceptor II”, dated August 6, 1969 and October 12,
1973, Hamilton Engineering Associates, Inc., recorded with the Hillsborough County Registry of
Deeds as Plan #8074, by deed of Dudley Orr, Trustee under the will of Kathleen W. Connell and
Sylvia Spalding, dated January 21, 1975 and recorded in the Hillsborough County Registry of
Deeds in Book 2387, Page 354 (hereinafter the “Sewer and Drainage Easement”) which are
essential to its sewer and drainage operations in Nashua.

WHEREAS the third paragraph of the Sewer and Drainage Easement states, in part,
“The permanent easement shall remain free from construction of any encumbrances either within
or over the easement”.

WHEREAS the fifth paragraph of the Sewer and Drainage Easement states, “Both
temporary and permanent easements shall also include in the City of Nashua the right and
privilege to remove natural and man-made obstructions which interfere with the location,

1.

construction, maintenance, replacement and operation of said sewer, embankments, drainage
structures, slope protection and appurtenant facilities”.

WHEREAS the property encumbered by the Sewer and Drainage Easement is located at
39 Swart Terrace and is currently owned in fee by Michael Richard Paradis and Melania Marcu
(the “OWNERS’) by virtue of a deed dated August 17, 2020 and recorded with the Hillsborough
County Registry of Deeds in Book 9335, Page 1819.

WHEREAS LIBERTY desires to obtain from the OWNERS, and OWNERS are
desirous of granting to LIBERTY, a ten (10) foot wide easement (the “Gas Easement Area’)
over their property located at 39 Swart Terrace (“Property”) for the installation of a gas line, a
portion of which will cross the Sewer and Drainage Easement. said gas easement being shown
on a Plan entitled: Easement Plan for Liberty Utilities in Nashua New Hampshire (Hillsborough
County), 39 Swart Terrace, Map 48 Lot 27 over the land of: Michael R. Paradise & Melania
Marcu, June 17, 2021, and recorded in the Hillsborough County Registry of Deeds as Plan
# __ (the “LIBERTY Easement Plan”).

WHEREAS LIBERTY wishes to enter into an agreement with NASHUA to allow
LIBERTY the right to install, maintain, repair and replace a gas line in a portion of the Sewer
and Drainage Easement as depicted on the LIBERTY Easement Plan, and to be installed at teast
five (5) feet north of the existing sewer line (the “Encroachments”).

NOW THEREFORE, the parties hereby agree as follows:

l. NASHUA agrees and consents to the construction and maintenance of the
Encroachments and use of a portion of the Sewer and Drainage Easement by LIBERTY as
shown on the LIBERTY Easement Pian; such consent is not to be deemed a waiver of any of its
rights under the Sewer and Drainage Easement.

2. NASHUA and LIBERTY agree to use their best efforts to cooperate in said joint
use and to use their best efforts to provide each other, when requested, with engineering and
surveying plans, maps or information necessary or helpful in locating or determining rights of
the other.

3. NASHUA and LIBERTY agree to provide notification to each other prior to
beginning construction and/or performing any maintenance within the Sewer and Drainage
Easement.

4, LIBERTY agrees that in the event that NASHUA ever determines, in its sole
discretion, it is necessary to construct, maintain, repair, remove, relocate or replace any
NASHUA facilities within or to be placed within the Sewer and Drainage Easement, and should
such work require the permanent or temporary relocation of the Encroachments in whole or
part, NASHUA shall provide at least one (1) year’s prior written notice to LIBERTY and such
relocation shall be done by LIBERTY or its agents or subcontractors at the sole cost and
expense of LIBERTY. Notwithstanding the foregoing, if an emergency situation precipitates the
need for such relocation, then NASHUA shall notify LIBERTY immediately and the parties shall

cooperate in good faith to agree upon a timeline for LIBERTY to complete such relocation,
which shall in all events be as soon as is reasonably possible under the circumstances. If any
relocation of the Encroachments shall be necessary, NASHUA shall provide an alternative
location for the Encroachments within the Gas Easement Area, subject to LIBERTY’s approval,
not to be unreasonably withheld, conditioned or delayed. All notices sent to LIBERTY pursuant
to this Agreement shall be directed to the following address:

Liberty Utilities (EnergyNorth Natural Gas) Corp.
ATTN: Gas Engineering

130 Elm St

Manchester, NH 03101

5. This agreement shall be binding upon and inure to the benefit of the parties and
their heirs, successors, legal representatives, and assigns. This agreement shall run with the title
to the Property.

6. LIBERTY hereby agrees to indemnify and hold NASHUA harmless from and
against any and all liabilities, damages, claims, costs and expenses, including reasonable
attorney’s fees and court costs, which may be imposed upon or asserted against NASHUA
arising from or in any way connected with. the Encroachments or arising in any way from
this agreement, except to the extent the same arise from the negligence or willful misconduct of
NASHUA, its agents, employees or contractors.

7. LIBERTY also hereby agrees to, indemnify and hold NASHUA harmless and
accepts all risks of loss associated with respect to the Encroachments, as a result of constructing
the Encroachments. NASHUA shall not in any way, be liable or responsible to reimburse
LIBERTY for the Encroachments, damage to the Encroachments, replacement cost or otherwise,
except to the extent the same arises from the negligence or willful misconduct of NASHUA, its
agent, employees or contractors. The construction and use of the Encroachments ts at
LIBERTY’s own risk of loss, which risk is accepted by LIBERTY.

8. This Agreement shall be interpreted in accordance with the laws of the State of

New Hampshire. The parties agree that any action arising from or relating to this agreement
shall be filed in the Superior Court of Hillsborough County, New Hampshire.

This Agreement and Consent to Joint Use and any amendments thereto shall be recorded
at the Hillsborough County Registry of Deeds.

[Remainder of Page Left Intentionally Blank; Signature Page Follows]

EXECUTED by the parties the day and year first above written.

CITY OF NASHUA

Mayor James W. Donchess, duly authorized

Mayor’s authority pursuant to R-21-xxxx approved by the Nashua Board of Alderman on
XXXXXKXX.

State of New Hampshire
County of Hillsborough } ss.

The foregoing instrument was acknowledged before me on this day of

, 2021, by James W. Donchess, Mayor of the City of Nashua, a New
Hampshire municipal corporation, on behalf of the municipality.

Notary Public

Printed Name
My Commission Expires:

LIBERTY UTILITIES
(ENERGYNORTH NATURAL GAS) CORP.

Neil Proudman, President, duly authorized
State of New Hampshire
County of } ss.

The foregoing instrument was acknowledged before me on this day of
, 2021, by Neil Proudman, President. Liberty Utilities (EnergyNorth Natural
Gas) Corp. on behalf of said corporation.

Notary Public

Printed Name
My Commission Expires:

Michael Richard Paradis

Melania Marcu

State of New Hampshire
County of } ss.

The foregoing instrument was acknowledged before me on this day of
2021, by Michael Richard Paradis.

Notary Public

Printed Name
My Commission Expires:

State of New Hampshire
County of } ss.

The foregoing instrument was acknowledged before me on this day of
2021, by Melania Marcu.

Notary Public

Printed Name
My Commission Expires:

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-169
PURPOSE: Authorizing the City of Nashua to enter an Agreement and

Consent to Joint Use with Liberty Utilities and making a
supplemental appropriation of $38,394

ENDORSERS: Alderman Patricia Klee

Budget Review Committee

COMMITTEE Planning Board
ASSIGNMENT: Board of Public Works

FISCAL NOTE: Supplemental appropriation of money received by Liberty
Utilities for a specific purpose.

ANALYSIS

This resolution authorizes the City of Nashua to enter into an Agreement and Consent to Joint
Use with Liberty Utilities. As this includes a modification to an casement granted to the City,
Charter $77 provides that the Planning Board “shall review and make recommendations to the
mayor and board of aldermen on all focations for proposed municipal building and facilities,
including educational, [and] on the purchase and sale of any land by the city.”

This legislation also appropriates $38,394 of F¥2022 unanticipated revenue from Public Works
Administration and Engineering ~ Miscellaneous Revenue into Public Works Administration and
Enyineering — Construction Services. This represents a one-time payment from Liberty Utlities
to cover the City’s cost to reline the existing drain line in the area of 39 Swart Terrace, where the
new vas main will be installed. Charter Sec. 53 permits specific non-budyget. supplementary
appropriations. There should be notice and a public hearing. A two-thirds vote 1s required under
Charter Sec. 56-b for an item or amount not in the mayor’s budget. A roll call is required under
Charter Sec, 49,

This resolution should be referred to the Board of Public Works.

Approved as to account Financial Services Division
structure, numbers,

and amount: By: _/s/ David G. Fredette
Approved as to form: Office of Corporation Counsel

By: /s/ Dory Clarke

Date: September 8, 2021