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AGREEMENT

SUBJECT: A Contract to provide revaluation and valuation services and engineering consulting to
the City of Nashua, New Hampshire to value, for ad valorem taxation purposes, the utility properties
located in the City of Nashua as of April 1, 2019 — April 1, 2024. This contract includes five (5)
updates for 2019, 2020, 2021, 2022, and 2024 and one (1) revaluation as of April 1, 2023.

CONTRACT ATTENTION: Should the New Hampshire Legislature create laws mandating
certain methods of valuation of utility property, this contract will be subject to automatic
reconsideration and/or renegotiation as required based on the collection of utility properties in the
City of Nashua.

The City of Nashua, hereinafter called the City, and George E. Sansoucy, P.E., LLC, a Professional
Engineer and Certified General Appraiser having a principal place of business at 7 Greenleaf Woods
Drive, Unit 102, Portsmouth, New Hampshire 03801 in the County of Rockingham, State of New
Hampshire, hereinafter called Sansoucy, hereby mutually agree as follows:
GENERAL PROVISIONS
1. IDENTIFICATION
1.1 Client: City of Nashua
1.1.1 Name: City of Nashua
229 Main Street
P.O. Box 2019
Nashua, NH 03061-2019
1.1.2 Contracting Official: The Honorable James Donchess, Mayor

1.1.3. Authorized Contact: Kimberly Kleiner, Dir. Of Administrative Services
Steve Bolton, Esq., City Counsel

1.2 Consuitant: George E. Sansoucy, P.E., LLC

1.2.1 Name: George E. Sansoucy, P.E., LLC
Address: 279 Main Street, Lancaster, NH 03584
Tel: (603) 788-4000; Fax (603) 788-2798
E-mail: gsansoucy@sansoucy.com

Remittance Address: 89 Reed Road, Lancaster, NH 03584

City of Nashua, New Hampshire Page 1 of 8
George E. Sansoucy, P.E., LLC
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2. GENERAL SERVICES TO BE PERFORMED BY SANSOUCY
2.1 Scope of Work:
We propose a six-year agreement, which includes five (5) updates for new additions
and deletions for the years of 2019, 2020, 2021, 2022 and 2024 and one (1)
revaluation for April 1, 2023 of the properties listed below, for ad valorem tax

assessment purposes in the City of Nashua.

The utility and rights-of-way to be valued are listed below:

Liberty Utilities (Energy North Natural Gas) Corp.

Pennichuck Water Works, Inc.

Public Service Company of New Hampshire d/b/a Eversource Energy
Comcast Corporation (Public Rights-of-Way only)

Consolidated Communications — Poles and Conduit

Electric and/or Gas Transmission and Distribution Easements/Rights-of-Way
Use of Public Rights-of-Way

The annual valuations and the 2023 cyclical state-required revaluation will be
developed considering all three traditional approaches to value (cost, sales
comparison, and income approaches). Land and land rights valuations, including
easements and use of public nghts-of-way, for the 2023 revaluation will be
developed based, in part, on the 2023 City-wide mass appraisal land value schedules
prepared by the City’s revaluation contractor, which will be provided to Sansoucy by
the City. The City will also provide Sansoucy with the 2023 revaluation CAMA
system values for any parcels owned in fee by the above listed owners in the City.

Land and land rights valuations, including easements and use of public rights-of-way
for the 2019, 2020, 2021, 2022, and 2024 valuation updates, will be developed based,
in part, on the most recent City-wide mass appraisal land value schedules prepared by
the City’s revaluation contractor, which will be provided to Sansoucy by the City.
The City will also provide Sansoucy with the current CAMA system values for any
parcels owned in fee by the above listed owners in the City.

Sansoucy wili provide a USPAP-compiiant annuai vaiuation summary sheet and
transmittal letter, in update years (2019-2022, and 2024), that includes improvement
values, any estimated economic depreciation, equalized improvement values,
land/site values, use of public rights-of-way values, and the total overall
recommended assessment, including equalization. Work papers for all years will be
retained in our files.

City of Nashua, New Hampshire Page 2 of 8
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Sansoucy’s cyclical state-required revaluation results will be transmitted to the City
via a USPAP-compliant appraisal report that summarizes all of the valuation
assignment results and conclusions, including any extraordinary assumptions
employed in the appraisal and the required appraisal certification.

2.1.1 Scope of the Work Products:

Sansoucy will provide a USPAP-compliant appraisal report of the listed
properties for the revaluation year of 2023 and provide a copy of the report
directly to the New Hampshire Department of Revenue Administration
(DRA).

Additionally, Sansoucy will provide valuation update services for the
properties listed above for the tax years of April 1, 2019, April 1, 2020, April
1, 2021, April 1, 2022, and April 1, 2024. The values will be provided ina
USPAP-compliant format and will include our recommendation for
equalization on the MS-1 form. This report will include summary facts,
figures and calculations to support our recommendations.

2.1.2 Services to be Provided by the City:

The City will provide access to City records, tax maps, and information
provided by the companies, and will request that the companies provide
information directly to Sansoucy in electronic format, if possible.

The City will provide, where applicable, the following information to the best
of its ability and updates to this information for each year of the contract:

e Each company’s 2018 tax cards, including cell tower host sites,
and tax bills;

Any company’s 2019 Inventory of Taxable Property Form PA-28;
The 2018 MS-1;

Copy of, or authorized access to, the most recent tax maps;

Any recent building permits;

Any current settlement agreements;

Any PILOTS for the companies;

Any leases for cell towers or cellular carriers;

Any cell tower current use / land use change tax forms;

Any municipal GIS mapping indicating utility location and data;
Pole license / franchise agreements (cable/telephone/fiber
optic/attachers); and

e Most recent land valuation schedules.

City of Nashua, New Hampshire Page 3 of 8
George E. Sansoucy, P.E., LLC
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30.

31.

32.

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.

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.

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.

TIME IS OF THE ESSENCE Time is expressly made of the essence with respect to this agreement
and the dates prescribed in it.

GC I1 of Ll

2.1.3. Services to be Provided by Sansoucy:

Sansoucy will provide valuation services as described in the Scope of Work
for tax years 2019 - 2024.

2.2. Completion of Work:
All values to be provided to the City by September 1 of each year of the contract.

Sansoucy will not be responsible for consequential or compensatory damages arising
from the late performance or non-performance of the agreement caused by
circumstances which are either outside Sansoucy’s scope of services, beyond
Sansoucy’s control, or as a result of non-performance of any other party, person, or
entity affecting this contract.

2.3 Personnel:

All work will be overseen and reviewed by a DRA-certified Assessor or Assessor
Supervisor.

All personnel and necessary field assistants employed by Sansoucy will be competent
to perform the work they are called upon to do in a good and workmanlike manner
and in accordance with all applicable laws and rules in effect at the time of the
agreement.

All personnel performing ad valorem valuation tasks will be approved by the State of
New Hampshire Department of Revenue Administration at an approval level
commensurate with their level of appraisal involvement. The Appraisal Supervisors
are George Sansoucy and Brian Fogg, and the manager of field listings and assessor
assistant is Charelle Lucas.

2.4 Public Relations:

The City and Sansoucy, during the progress of the work, will use their best efforts
and that of their agents and employees to promote full cooperation and amiable
relations with the utilities. All publicity and news releases, if any, will be sent out
only by the City, or its authorized representative(s), and not Sansoucy.

City of Nashua, New Hampshire Page 4 of 8
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2.5

2.6

2.7

Confidentiality:

Sansoucy agrees to not disclose to anyone except to the City, or its authorized
representative(s) or a court of law or tribunal, any information discovered for any
purpose, or to permit anyone to use or peruse any of the data on file in connection
with the report, unless disclosure is specifically authorized by the City or under the
New Hampshire freedom of information statutes.

Compensation and Terms:

The City of Nashua, in consideration of the services hereunder to be performed by
Sansoucy, agrees to pay Sansoucy a fixed fee of $39,000 each year for the term of the
Agreement (2019 - 2024).

As part of this contract, assistance will be provided during the local abatement
process for any challenge of our recommended valuations for the years involved. A
challenge before either the BTLA or Superior Court, or any settlement work after the
local process, is beyond the scope of this proposal and will be defended on a time and
material basis per the attached rate sheet.

Non-Appropriation
Notwithstanding any other provision of this Agreement, if the City does not

appropriate sufficient funds to fund this Agreement in any given year, the City will
notify Sansoucy in writing immediately of such non-appropriation.

3. INSURANCE

3.1 Sansoucy will maintain general liability insurance with an endorsement for hired and

in
he

non-owned automobile liability.

3.1.1 The liability insurance will be in the form of commercial general liability with

iimits of $2,000,000 per occurrence/person for bodily injury, and $4,000,000
general aggregate for the life of the policy.

bo

The hired and non-owned automobile liability endorsement will have a limit of
$2,000,000 each accident.

3.2 Sansoucy will provide a certificate of insurance confirming the above insurance
coverages. All insurance will be valid in the State of New Hampshire.
City of Nashua, New Hampshire Page 5 of 8

George E. Sansoucy, P.E., LLC
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4. ASSIGNMENT
This Contract and the duties of Sansoucy hereunder will not be assigned.

5. AMENDMENTS
This Agreement will not be amended, waived or discharged, unless by mutual written
consent of both parties.

City of Nashua, New Hampshire Page 6 of 8
George E. Sansoucy, P.E., LLC
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Date:

In witness thereof, the City of Nashua has caused these presents to be signed by its Mayor, thereunto
lawfully authorized and caused its corporate (if appropriate) seal to be affixed and George E.
Sansoucy, P.E., LLC has caused the same to be signed by his lawfully authorized representative on
the date and year first above written.

In the presence of: City of Nashua, New Hampshire
by:

Witness The Honorable James Donchess, Mayor

In the presence of: George E. Sansoucy, P.E., LLC

Witness George E. Sansoucy, P.E.

City of Nashua, New Hampshire Page 7 of 8
George E. Sansoucy, P.E., LLC
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GES

George E. Sansoucy, PE, LLC

2019
ENGINEERING AND APPRAISAL RATE SCHEDULE*

Principal engineers, senior appraisers, MBAs,

including court testimony and deposition attendance. ........cccceseicetsereeteeteensenees $290.00/hour
Research engineers, aSsOciates, APPLAISETS ........ccceeececeseeeseeteenesereeeeeneeeneeeenesnaeeeses $225.00/hour
Technical personnel ...........::csceecceseeeseeseseeeeeesseeseeneceneenscnsesnevsnesseseerieereensesearenenseaens $175.00/hour
Clerical personnel ..........eccececcecesseseeseseneesessesceecaeeseneesesensesecssensceeenereressenesseeasseraeseegs $125.00/hour

* — All rates are portal to portal from Lancaster, N.H. or Portsmouth, N.H. Rates
include general office expenses, such as: non-specific in-house copies, meals,
non-specific mileage, office supplies, non-specific postage, telecommunications
charges, and tolls.

Job-specific and identifiable expenses are billed at cost in addition to the rates
shown, including but not limited to: transportation (air fare, car rental, taxi fare,
specific parking, specific mileage, etc.), lodging, document printing and
reproduction, research materials such as publications, subscriptions, and
database purchases.

City of Nashua, New Hampshire Page 8 of 8
George E. Sansoucy, P.E., LLC
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THE CITY OF NASHUA “the Cate Cy”

Financial Services

Purchasing Department

June 13, 2019
Memo #19-161

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PURCHASE OF NASHUA RIVER FOUNTAINS (VALUE $52,104)
DEPARTMENT: 181 COMMUNITY DEVELOPMENT; FUND: ESCROW FUNDS

Please see attached communication from Sarah Marchant, Community Development Division Director,
dated June 10, 2019 for information related to this contract award.

The Community Development Department and the Purchasing Department recommend this purchase
from Turf Products of Enfield, CT in an amount of $52,104.

Respectfully,
Purchasing Manager

Ce: S. Marchant J. Graziano

229 Main Street « Nashua, New Hampshire 03061 © Phone (603) 589-3330 « Fax (603) 589-3233.