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2.1

Scope of Work:

This contract is for GES to provide valuation and appraisal services, including expert
testimony, at the Board of Tax and Land Appeals for the outstanding appeals by Eversource
Energy against the City of Nashua for their electric utility property. The current appeals
are for 2014, 2015, 2016, and possibly 2017, and are part of a larger group of communities
and appeals at the BTLA, which are consolidated for this case. These cases have been
brought out of abeyance by the BTLA as a result of the NH Supreme Court upholding the
municipalities’ valuations for the 2011 and 2012 cases. All 2013 cases have been
withdrawn by the company.

Sansoucy anticipates, as we did in the 2011 and 2012 cases, to consolidate all of its client
communities under appeal, including the City of Nashua, into one joint report with
independent values for each community, This consolidation will provide for the most cost-
effective method for defending the communities’ values. This is also true for consolidating
any mediation orders and any other joint efforts by Sansoucy for the communities. The
approximate number of communities, including Nashua, anticipated to be consolidated at
this time by Sansoucy is 66. This indicates a cost of approximately 1.52% per community
for this effort.

This scope of work will include updated discovery, site tours, costs, income, and market
sales research and analysis, and preparation of a consolidated court-ready appraisal. It will
also include trial preparation, any settlement negotiations, and expert witness services. This
case is anticipated to be heard during the month of May 2019.

2.1.1 Scope of the Work Products:
Sansoucy will provide a 2014, 2015, 2016, and possibly 2017, appraisal

report which is USPAP 2018/2019-compliant. 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 company, and will request that the company provide
information directly to Sansoucy in electronic format, if possible.

City af Nashua, New Hampshire Page 2 of 6
Eversource Energy Appeal Consulting

George #. Sansoucy, P.E., LLC

Prepared: 5/25/2018

2.2

2.3

2.4

2.5

Completion of Work:

All work associated with the defense of the Eversource appeals will be completed based
on court schedules and the needs of the City.

Personnel:

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.
Sansoucy will not hire or compensate, in any way, a City officer or employee or any
member of the family of such officer or employee in the performance of such work under
this contract. Sansoucy will notify the City of the names of all field personnel, technical
assistants, and professional personnel who will work on this project.

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.

Confidentiality:

The work file for this assignment will contain confidential information from the utility
company(s). The towns and cities do not have a mechanism to confidentially retain this
information. The work file will be retained by Sansoucy, but wil! be made available to the
City in the event that an appropriate request is made and the utility agrees to the release of
the confidential information.

Sansoucy agrees to not disclose to anyone except to the City or its authorized
representative(s) 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.

City of Nashua, New Hampshire Page 3 of 6
Eversource Energy Appeal Consulting

George E. Sansoucy, P.E., LLC

Prepared: 3/25/2018

2.7

3.1

3.2

3.3

“a

Compensation and Terms:

The City of Nashua, in consideration of the services hereunder to be performed by
Sansoucy, agrees to pay Sansoucy on a time and material basis pursuant to the enclosed
rate sheet. Invoices are due and payable upon receipt.

Termination:

Because this contract involves litigation which could settle at any time, the City has the
right to terminate this contract immediately upon written notice. Upon notice of
termination, Sansoucy will be paid for work to date plus the necessary time and expenses
to properly close and archive the files and other necessary closeout functions of the work,
The work to date calculation will include any work performed for subsequent years,

INSURANCE.
Sansoucy will maintain public liability insurance and automobile insurance.

3.1.1 The public liability insurance will be in the form of commercial general liability
with limits of $1,000,000 each person and $1,000,000 each occurrence for bodily
injury disability, and $1,000,000 each occurrence for property damage liability.

3.1.2 The automobile liability insurance will be in the form of comprehensive automobile
liability and will provide limits of $1,000,000 each accident.

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.

Sansoucy will provide a certificate of insurance confirming the required insurance
coverages and providing that the City will receive ten (10) days written notice of the
cancellation or material change in the required insurance coverage. All insurance will be
valid in the State of New Hampshire.

ASSIGNMENT.

This Contract and the duties of Sansoucy hereunder will not be assigned.

AMENDMENTS.

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

City of Nashua, New Hampshire Page 4 of 6
Eversource Energy Appeal Consulting

George E. Sansoucy, PE, LLC

Prepared, 5/25/2018

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: nn. eins

Witness James Donchess, Mayor

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

ents Theres! bye
Witness George E. Sansoucy, P.E.
City of Nashua, New Hampshire Page 5 of 6

Eversource Energy Appeal Consulting
George E. Sansoucy, P.E., LLC
Prepared: 5/25/2018

GL

George E. Sansoucy, PE, LLC

2018
ENGINEERING AND APPRAISAL RATE SCHEDULE*

Principal engineers, senior appraisers, MBAs,

including court testimony and deposition attendance ........cccesecececceccecescececessceseeese $290.00/hour
Research engineers, associates, APPFaiS€TS oo... ceesccsssseecesceecucecsceeccecenseceeseesene $225.00/hour
Technical personnel oo... ...cceesccccsccsceeeseneesscecscescsescsevacaeevsscaesesesesasvaccaeenesaseataesass $175.00/hour
Clerical persommel oo... .ececccccsccsceecesccececensesescsecssscsecersceeesessssecsesatsassassaseaggsesensaee $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 6 of 6
Eversource Energy Appeal Consulting

George E. Sansoucy, P.E., LLC

Prepared: 5/25/2018

\ THE CITY OF NASHUA "The Cate City”

Financial Services

Purchasing Department

screen mos = rR

May 31, 2018
Memo #18-157

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: FLATLEY APPRAISALS (VALUE: NOT-TO-EXCEED $16,000)
DEPARTMENT: 132 ASSESSING; FUND: GENERAL FUND - OVERLAY

Please see the attached communication from Jon Duhamel, Chief Assessor, dated May 30, 2018 for
information related to this purchase.

Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting, architectural, auditing,
engineering, legal, medical and ambulance services and purchases of independent professional
consultant services for personnel, data processing, actuarial, planning, management and other
comparable purchases competitive bidding shall not be required.

The Chief Assessor and the Purchasing Department recommend the award of this contract in an amount
not-to-exceed $16,000 to Property Valuation Advisors of Newburyport, MA.

Respectfully,

Me

Dan Kooken
Purchasing Manager

Cc: J. Griffin

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

CAPITAL PROJECT FUNDS

Capital Project Funds are established to account for resources obtained and expended for the
acquisition of major capital facilities or equipment other than those employed in the CNTR of
services accounted for in Enterprise Funds.

The current funds were established for the following purposes:

Fail

Fire Projects: to account for Fire Department Capital Projects.

Public Works Projects: to account for Public Works Department Capital Projects.

Community and Economic Development Projects: to account for Community and Economic
Development Department Capital Projects.

Property Revaluation Projects: to account for City-wide property revaluations and appraisals.

School Department Projects: to account for School Department Capital Projects.

Technology Projects: to account for Technology projects.

City Building Projects: to account for capital projects related to City facilities.

City-wide Communication Projects: to account for capital projects related to city-wide
communication issues.

Hydroelectric Projects: to account for the acquisition of the Mine Falls Dam.

Police Projects: to account for capital projects related to the police department.

PERMANENT FUNDS

Permanent Funds are established to account for certain assets held by the City in a fiduciary
capacity as trustee. The following is a description of City Permanent Funds:

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Cemetery Permanent Funds: to account for the City’s Cemetery Funds.

Library Permanent Funds: to account for the City’s Library Funds.

Other Permanent Funds: to account for Other Nonexpendable Funds.

164

City of Nashua

Central Purchasing
229 Main Street
Nashua NH 03060
603-589-3330 Fax: 603-589-3344

May 22, 2018

TO: MAYOR Donchess
FINANCE COMMITTEE

SUBJECT: INDEPENDENT APPRAISALS FOR FLATLEY ABATEMENT APPEALS REQUESTED
BY ASSESSING DEPARTMENT (VALUE: $14,006)
DEPARTMENT: 132 ASSESSING; FUND: OVERLAY

The subject of this appraisal assignment is the four accounts owned by John J Flatiey.
These appeals are for the April 1, 2016 and April 1, 2017 tax year but should the defendant prevail,

current statutes allow the abatement to stand for any successive years, absent a good faith adjustment.
For this reason, the total exposure in taxes for the two years is approximately $600,000.

100-300 Innovative Way 1 Tara Blvd
98 Spit Brook Rd 10 Tara Bivd

This is a sole source request, the following vendor is best for the assignment.

Name Location Amount
Property Valuation Advisors Newburyport, MA $14,000 + $150 / hour for court

The recommendation of Property Valuation Advisors is based on the fact that Mr. Traub (principal) has
appraised these properties for the City of Nashua in the past and is familiar with all the properties and
entities that own them. In order for the city to realize most favorable pricing, these properties have been
combined into one appraisal assignment.

The attached fixed fee proposal dated 12/17/2017 contains scope of work, fees, and time-line. The award
this evening contains $14,000 for the appraisal assignment and an additional estimated $2,000 for
preparation and testimony at the Superior Court trial,

The Assessing Department requests approval to purchase appraisals in an amount not-to-exceed $16,000
with Property Valuation Advisors, Newburyport, MA.

Respecttully,

Jon Duhamel!
Chief Assessor

Cc: John Griffin

Property
Valuation

Advisors

63 Hill St.
Newburyport, MA 01950
Tel. (978) 462-4347
E-mail straub@shore.net

www.propertyvalu.com

12/17/2017
Celia K. Leonard, Nashua Assistant Corporation Counsel
Nashua, NH City Hall
(Sent by PDF e-mail attachment to LeonardC@nashuanh. gov

Ms. Leonard:

Re: Appraisals of Flatley properties with 4/1/16 valuation dates as follows:

Map Account Address Owner Type SF

A-798 48,836 — 100-300 Innovative Way Flatley R&D Facility 675,000
A-713 38,590 = 10 Tara Blvd. Flatley Office multi-tenant 158,046
A-721 38,591 1 Tara Blvd. Flatley Office multi-tenant 60,780
A-738 = 42,349 98 Spitbrook Flatley Office multi-tenant 104,940

The facilities are primarily office buildings except for 100-300 Innovative Way, which is office & R&D.
Since my last inspection took place in 2015 (with valuation dates of 4/1/13 and 4/ 1/14) and the new
valuation dates are 4/1/16, therefore, it would require re-inspections of all the properties. The cost to
produce appraisals for each property in a narrative appraisal report format meeting USPAP 1 and 2
requirements and necessary copies for superior court (with the scheduled court dates not yet known to me
but assumed to be later in 2018) would be:

$14,000 (As a Package)

1 understand the current required completion date is 4/15/2018, but to guarantee timely completion 1
am requesting an additional month to complete this beyond this date. So I could complete it by
3/15/18 provided I am notified to proceed by early January and necessary actual income and expenses dala
the property is producing is received within a reasonable time.

Upon completion of the report, any subsequent consulting, (mediation, time preparing for court testimony,
or in court itself, etc.) would be at $150 per hour plus expenses.

As required by USPAP, I am required to disclose that [ have performed appraisals and appraisal services,
on this property (for FY 2013 and FY 2014) within three years prior to the submission of this proposal. Let
me know if you want to proceed.

Sincerely,

ene

Stephen Traub, ASA, NHCG-350

THE CITY OF NASHUA “The Gate City

Financial Services

Purchasing Department

SUR eR REECE AS “

SOR TF IAPR TT TT ss os 6 OM

May 31, 2018

Memo #18-158

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: UNLEADED FUEL CONTRACT (VALUE ESTIMATED $421,434)
DEPARTMENT: 186 TRANSPORTATION; FUND: VARIOUS DEPARTMENT’S

GENERAL FUNDS

Please see attached communication to Mayor Jim Donchess from Camille Pattison, Transportation
Manager, dated May 22, 2018 for information related to this contract award.

Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting, architectural, auditing,
engineering, legal, medical and ambulance services and purchases of independent professional
consultant services for personnel, data processing, actuarial, planning, management and other
comparable purchases competitive bidding shall not be required.

The Transportation Manager and the Purchasing Department recommend the award of the contract with
an estimated amount of $421,434 to Dennis K Burke Inc. of Taunton, MA.

Regpecttull

Dan Kooken
Purchasing Manager

Cc: C. Pattison J. Graziano

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