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Nashua Levee: Location is at Taylor Fall Bridge, located north of 75 Crown Street.

=| Dirt Access

sag Road.

Figure 1. Rip rap slope: Area of vegetation removal in red —
the limits is the rip rap. Approximately 900 feet in length.
All vegetation including vines.

Nashua Levee: Location is on 50 Bridge Street, on the Nashua River.
Access is through Sanders Street.

Figure 2. Concrete Floodwall: Area of vegetation removal in red: Required
removal around ends of floodwall and 15 feet behind floodwall.

EXHIBIT B

Bid Form
City of Nashua DPW - Engineering Department

Vegetation Removal - Nashua Levee

Submitt Bid Form by May 18, 2018
Via Mail:

City of Nashua, Division of Public Works, 9 Riverside Street Nashua, NH 03062
ATTN: Mark Saunders, Assistant Construction Engineer

Via Email:

Saundersm@NashuaNH.gov

Item No. Units DESCRIPTION Lump Sum Price

Vegetation Removal South of the Bridge
1 Lump Sum Street Bridge (Outgoing to Hudson, NH) $25,650.00

Vegetation Removal North of the Bridge
2 Lump Sum Street Bridge (Outgoing to Hudson, NH) = $ 8,550.00

g 8,550.00

3 Lump Sum Vegetation Removal at the Floodwall

Total Price $42, 750.00

*All Lump Sum Prices Shall Be In US Dollars

*Award Will Be Giving To The Lowest Bidder

Vendo William P Davis Excavation LLC

Authorized Signature: Ww Das, Mad ager

Date:_ 96/15/2018

Rate Covenant Test - if during any fiscal year, the EBITDA of Pennichuck Water shall not
equal at feast 1.1 times all amounts paid or required to be paid during that year
(“Amounts Paid”}, then the Company shall undertake reasonable efforts to initiate a rate-
making proceeding with the NHPUC, to rectify this coverage requirement in the
succeeding fiscal years. Thereby, the ratio of EBITDA to Amounts Paid must be equal to
or greater than 1.1; as of December 31, 2020 and 2019, the Rate Covenant coverage ratio
was 3.57 and 1.98, respectively.

Pennichuck East’s loan agreement for its unsecured notes payable to a bank of $9.2 million
and $8.8 million at December 31, 2020 and 2019, respectively, contains a minimum debt
service coverage ratio requirement of 1.10. At December 31, 2020 and 2019, this ratio was
2.07 and 1.84, respectively.

On September 2, 2020, Pennichuck Water issued approximately $73.6 million of taxable
bonds through the New Hampshire Business Finance Authority to: (1) advance refund and
refinance Pennichuck Water's series 2014A, 2015A, and 2015B bonds; (2) early retire an AULI
bank loan set to mature on March 1, 2021 with a “bullet” maturity due at that date; (3)
complete the replenishment of the Material Operating Expense Revenue Requirement
(MOERR) RSF for Pennichuck Water back to nearly its authorized imprest value; and (4) repay
Pennichuck Water's Fixed Asset Line of Credit (FALOC) for monies borrowed while awaiting
rate relief from this bonding event and the Pennichuck Water rate case approved by NHPUC
Order No. 26,425. The bond issuance was approved by the Company’s Board of Directors and
the Sole Stockholder. This issuance received NHPUC approval in Order No. 26,383 dated July
24, 2020, which authorized up to $75.0 million in bonds.

As of December 31, 2020 and 2019, the Company had a $2.5 million and $2.7 million,
respectively, interest rate swap which qualifies as a derivative. This financial derivative is
designated as a cash flow hedge. This financial instrument is used to mitigate interest rate
risk associated with our outstanding $2.5 million loan which has a floating interest rate
based on the three-month London Interbank Offered Rate (“LIBOR”) plus 1.75% as of
December 31, 2020. The combined effect of the LIBOR-based borrowing formula and the
swap produces an “all-in fixed borrowing cost” equal to 5.95%. The fair value of the financial
derivative, as of December 31, 2020 and 2019, included in our Consolidated Balance Sheets
under “Other Liabilities and Deferred Credits” as “Derivative instrument” was $460,000 and
$353,000, respectively. Changes in the fair value of this derivative were deferred in
accumulated other comprehensive income.

Swap settlements are recorded in the statements of income (loss) with the hedged item as
interest expense. During the years ended December 31, 2020 and 2019, $42,000 and $70,000,
respectively, was reclassified pre-tax from accumulated other comprehensive income to
interest expense as a result of swap settlements. The Company expects to reclassify
approximately $94,000, pre-tax, from accumulated other comprehensive income to interest
expense as a result of swap settlements, over the next twelve months.

126

THE CITY OF NASHUA “the Gate City

Financial Services

Purchasing Department

RRS RE ANA REE AAR MNES EN RESEARCH ERA) EIN RE

June 28, 2018
Memo #19-004

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CANAL STREET BRIDGE IMPROVEMENTS BRIDGE ENGINEERING SERVICES
(VALUE: $42,543)
DEPARTMENT: 161 STREETS; FUND: CAPITAL

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated June 28,
2018 for information related to this purchase.
The City Engineer, Board of Public Works (June 28, 2018 meeting) and the Purchasing Department

recommend the award of this contract in an amount of $42,543 to CLD/Fuss & O’Neil of Manchester,
NH.

Re: ectfully
; CZ.

Dan Kooken
Purchasing Manager

Ce: S Dookran L Fauteux

229 Main Street e Nashua, New Hampshire 03061 e Phone (603) 589-3330 e Fax (603) 589-3233 |

To:

From:

Re:

B. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: June 28, 2018

Stephen Dookran, P.E., City Engineer
Engineering Department

Canal St Bridge Improvements
Bridge Engineering Services

To approve the contract for bridge engineering services for the Canal Street Bridge
Improvements to CLD/Fuss & O’Neil of Manchester, NH in the amount of
$42,543. Funding will be through Department: 161 Streets; Fund: Capital; Activity:
Bridge Rehabilitation.

The Canal Street Bridge is part of the east/west commuting system between Nashua and
Hudson that sees approximately 20,000 vehicles per day. Like all municipally owned
bridges, it receives routine inspections by the NHDOT. The bridge, built in 1928, is
seeing substantial deterioration. While the deck and superstructures have a rating of 6
(satisfactory), the substructure is suffering with a rating of 4 (poor) and consequently,
the NHDOT has put the bridge on its Red List. Prompt attention is warranted for repair
to the substructure of this bridge. Of concern is the deterioration of the east abutment
concrete wall and some deterioration of the concrete pier. CLD/F&O recently
conducted a geotechnical investigation at the abutment walls and concluded that the
water trapped behind the walls have promoted deterioration over the years. The nature
of the distresses requires specialized technical expertise in bridge repairs. A design of
the plan to drain the impounded water and for the structural repairs is needed.

CLD/Fuss & O’Neil of Manchester, NH has a long history of designing bridge work
including the recent Manchester Street Bridge project and the Pennichuck School
Pedestrian Bridge over Henri Burque Highway. Engineering has negotiated a contract
with CLD for $42,543. This includes development of the specialized detailed drawings
and contract documents, bidding assistance and construction engineering services.

CONTRACT FOR PROFESSIONAL SERVICES

CANAL ST. OVER NASHUA RIVER BRIDGE REPAIRS

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

Fuss & O’NEILL
and its successors, transferees and assignees (together “Professional Engineer’)
NAME AND TITLE OF PROFESSIONAL ENGINEER

540 COMMERCIAL STREET, MANCHESTER, NH 03101
ADDRESS OF PROFESSIONAL ENGINEER

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of a Professional Engineer ; and

WHEREAS, it is deemed that the services of a Professional Engineer herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Professional Engineer represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and
are made part of this contract:

Exhibit A--General Conditions for Contracts

Exhibit B--Scope of Services, Contract Time, Fee Schedule
The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the
written change order or the fully executed City of Nashua Purchase Order shall control over the terms of
the Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Professional Engineer shall

furnish all services, equipment, and materials and shall perform all operations necessary and required to
carry out and perform in accordance with the terms and conditions of the contract the work described.

AG 1 of 3

3. PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work within the
time periods set forth and may only be altered by the parties by a written agreement to extend the period
of performance or by termination in accordance with the terms of the contract. Professional Engineer shall
begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City
of Nashua.

4. COMPENSATION. Professional Engineer agrees to perform the work for a total cost not to exceed
Forty-Two Thousand Five Hundred Forty-Three Dollars ($42,543.00)

which, unless otherwise provided in this contract, shall be paid in accordance with the provisions of
Exhibit B or unless Professional Engineer has received a written exemption from the City of Nashua.
Professional Engineer shall submit monthly requests for payment for services performed under this
agreement shall be submitted as follows:

> Electronically via email to VendorAPInvoices@NashuaNH.gov
OR
> Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable

229 Main Street

Nashua, NH 03060
Atten: DPW Engineering

Please_do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires
that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

Requests for payment shall be submitted no later than fifteen (15) days after the end of each month and
must include a detailed summary of the expenditures reported in a form that supports the approved
budget. Specifically, Professional Engineer agrees to provide the following with each request for

payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number, a
listing of personnel hours and billing rates, and other expenditures for which payment is sought.

2. A progress report. The report shall include, for each monthly reporting period, a description
of the work accomplished, problems experienced, upcoming work, any extra work carried out,
and a schedule showing actual expenditures billed for the period, cumulative total expenditures
billed and paid to date under the contract, and a comparison of cumulative total expenditures
billed and paid to the approved budget.

The City of Nashua will pay for work satisfactorily completed by Professional Engineer. The City of
Nashua will pay Professional Engineer within 30 days of approval by the City of Nashua of the submitted
invoice forms and progress reports. The City of Nashua will make no payments until the invoice forms
and progress reports have been submitted and approved.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.

AG 2 of 3

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract
shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:
Division of Public Works, Engineering Fuss & O’Neill

9 Riverside Street Jamie French, P.E.
Nashua, NH 03062 540 Commercial Street

Manchester, NH 03101

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Professional Engineer may change the address or representative by giving written
notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, NH (signature) Fuss& O'Neill (signature)

James Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

AG 3 of 3

ND MwA WD S

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL ENGINEER STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

CHOICE OF LAW AND VENUE

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