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Finance Committee - Agenda - 8/14/2019 - P94

By dnadmin on Mon, 11/07/2022 - 13:04
Document Date
Fri, 08/09/2019 - 13:48
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/14/2019 - 00:00
Page Number
94
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081420…

1

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occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or fault
or willful misconduct, whether active or passive, of Service Provider or of anyone acting under its
direction or control or on its behalf in connection with or incidental to the performance of this
contract. Service Provider’s indemnity and hold harmless obligations, or portions thereof, shall
not apply to liability caused by the sole negligence or willful misconduct of the party indemnified
or held harmless.

FISCAL CONTINGENCY All payments under this contract are contingent upon the availability to
the City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua
fails to appropriate monies for the ensuing fiscal year sufficient for the performance of this
contract.

Nothing in this contract shall be construed to provide Service Provider with a right of payment
over any other entity. Any funds obligated by the City of Nashua under this contract that are not
paid to Service Provider shall automatically revert to the City of Nashua’s discretionary control
upon the completion, termination, or cancellation of the agreement. The City of Nashua shall not
have any obligation to re-award or to provide, in any manner, the unexpended funds to Service
Provider. Service Provider shall have no claim of any sort to the unexpended funds.

COMPENSATION Review by the City of Nashua of Service Provider's submitted monthly invoice
forms and progress reports for payment will be promptly accomplished by the City of Nashua. If
there is insufficient information, the City of Nashua may require Service Provider to submit
additional information. Unless the City of Nashua, in its sole discretion, decides otherwise, the
City of Nashua shall pay Service Provider in full within 30 days of approval of the submitted
monthly invoice forms and progress reports.

COMPLIANCE WITH APPLICABLE LAWS Service Provider, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations,
ordinances, orders, or requirements of any sort in carrying out the obligations of this contract,
including, but not limited to, all federal, state, and local accounting procedures and requirements,
all immigration and naturalization laws, and the Americans With Disabilities Act. Service
Provider shall, throughout the period services are to be performed under this contract, monitor for
any changes to the applicable laws, statutes, regulations, ordinances, orders, or requirements,
shall promptly notify the City of Nashua in writing of any changes to the same relating to or
affecting this contract, and shall submit detailed documentation of any effect of the change in
terms of both time and cost of performing the contract.

. NONDISCRIMINATION [f applicable or required under any federal or state law, statute, regulation,

order, or other requirement, Service Provider agrees to the following terms. Service Provider will
not discriminate against any employee or applicant for employment because of physical or mental
handicap in regard to any position for which the employee or applicant for employment is
qualified. Service Provider agrees to take affirmative action to employ, advance in employment,
or to otherwise treat qualified, handicapped individuals without discrimination based upon
physical or mental handicap in all employment practices, including but not limited to the
following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff,
termination, rates of pay, or other forms of compensation and selection for training, including
apprenticeship.

Without limitation of the foregoing, Service Provider's attention is directed to “Title 41”’Public
Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to Public
Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal Employment,
Department of Labor” which, by this reference, is incorporated in this contract.

GC 7 of 11

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Finance Committee - Agenda - 8/14/2019 - P94

Finance Committee - Agenda - 8/14/2019 - P95

By dnadmin on Mon, 11/07/2022 - 13:04
Document Date
Fri, 08/09/2019 - 13:48
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/14/2019 - 00:00
Page Number
95
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081420…

17.

18.

19.

20.

Service Provider agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of
work, and obligation of Service Provider under this contract.

In connection with the performance of work under this contract, Service Provider agrees not to
discriminate against any employee or applicant for employment because of race, creed, color,
national origin, sex, age, or sexual orientation. This agreement includes, but is not limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.

Service Provider agrees, if applicable, to insert these provisions in all subcontracts, except for
subcontracts for standard commercial supplies or raw materials. Any violation of any applicable
provision by Service Provider shall constitute a material breach of the contract.

ENDORSEMENT Service Provider shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Service Provider or under its direction as required under the laws of the State of New
Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Service Provider shall not
assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer,
delegation, or subcontracting without the prior written consent of the City of Nashua is void. Any
consent of the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only
apply to the incidents expressed and provided for in the written consent and shall not be deemed
to be a consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such
assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate
all terms and conditions set forth in this agreement, including all incorporated Exhibits and
written amendments or modifications. Subject to the foregoing provisions, the contract inures to
the benefit of, and is binding upon, the successors and assigns of the parties.

CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and accounting
procedures and practices of Service Provider related to this contract shall be subject to inspection,
examination and audit by the City of Nashua, including, but not limited to, the contracting
agency, the Board of Public Works, Corporation Counsel, and, if applicable, the Comptroller
General of the United States, or any authorized representative of those entities.

DISPOSITION OF CONTRACT MATERIALS Any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials, including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Service Provider
in the performance of its obligations under this contract shall be the exclusive property of the City
of Nashua and all such materials shall be remitted and delivered, at Service Provider's expense,
by Service Provider to the City of Nashua upon completion, termination, or cancellation of this
contract. Alternatively, if the City of Nashua provides its written approval to Service Provider,
any books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Service Provider in the performance of its
obligations under this contract must be retained by Service Provider for a minimum of four years
after final payment is made and all other pending matters are closed. If, at any time during the
retention period, the City of Nashua, in writing, requests any or all of the materials, then Service
Provider shall promptly remit and deliver the materials, at Service Provider's expense, to the City
of Nashua. Service Provider shall not use, willingly allow or cause to have such materials used

GC 8 of 11

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Finance Committee - Agenda - 8/14/2019 - P95

Finance Committee - Agenda - 8/14/2019 - P96

By dnadmin on Mon, 11/07/2022 - 13:04
Document Date
Fri, 08/09/2019 - 13:48
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/14/2019 - 00:00
Page Number
96
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081420…

21.

22.

23.

for any purpose other than the performance of Service Provider's obligations under this contract
without the prior written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Service Provider expressly agrees that all
documents ever submitted, filed, or deposited with the City of Nashua by Service Provider
(including those remitted to the City of Nashua by Service Provider pursuant to paragraph 20),
unless designated as confidential by a specific statue of the State of New Hampshire, shall be
treated as public records and shall be available for inspection and copying by any person, or any
governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Service Provider in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Service Provider. The City of Nashua shall have the right to reproduce any such
materials.

Service Provider expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Service Provider
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 Service Provider infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by Service Provider infringes any patent.

Service Provider 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, Service Provider 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 Service Provider in writing that the whole of the work was completed on
the date indicated in the notice or provide Service Provider with a written list of work not
completed. With respect to work listed by the City of Nashua as incomplete, Service Provider
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 Service Provider 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. Service Provider 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.

GC 9 of 11

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Finance Committee - Agenda - 8/14/2019 - P96

Finance Committee - Agenda - 8/14/2019 - P97

By dnadmin on Mon, 11/07/2022 - 13:04
Document Date
Fri, 08/09/2019 - 13:48
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/14/2019 - 00:00
Page Number
97
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081420…

24.

25.

26.

27.

28.

29.

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 Service Provider 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.
Service Provider 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 Service Provider. If any such interest comes to the attention of Service Provider
at any time, a full and complete disclosure of the interest shall be immediately made in writing to
the City of Nashua. Service Provider 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. Service Provider 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 Service Provider (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,
Service Provider shall refund to the City of Nashua any profits realized under this contract, and
Service Provider 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.

Service Provider warrants that no gratuities (including, but not limited to, entertainment or gifts)
were offered or given by Service Provider 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 Service Provider,
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 nights, powers, or
interest in any third party and this agreement is entered into for the exclusive benefit of the City
of Nashua and Service Provider.

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

GC 10 of 11

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Finance Committee - Agenda - 8/14/2019 - P97

Finance Committee - Agenda - 8/14/2019 - P98

By dnadmin on Mon, 11/07/2022 - 13:04
Document Date
Fri, 08/09/2019 - 13:48
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/14/2019 - 00:00
Page Number
98
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081420…

30.

31.

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 Service Provider. 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 11 of 11

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Finance Committee - Agenda - 8/14/2019 - P98

Finance Committee - Agenda - 8/14/2019 - P99

By dnadmin on Mon, 11/07/2022 - 13:04
Document Date
Fri, 08/09/2019 - 13:48
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/14/2019 - 00:00
Page Number
99
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081420…

S\ THE CITY OF NASHUA “The Cate City’

Financtal Services

Purchasing Department

August 8, 2019
Memo #20-019

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: HYDROELECTRIC BOND FUND (VALUE NOT-TO-EXCEED $361,230)
DEPARTMENT: 181 COMMUNITY DEVELOPMENT; FUND: BOND

Please see attached communication from Sarah Marchant, Community Development Division Director,
dated August 2, 2019 for information related to this contract award.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The Community Development Department and the Purchasing Department recommend the award of this
contract to Normandeau Associates of Bedford, NH in an amount not to exceed $361,230.

Res ae
KE oken
Purchasing Manager

Cc: S. Marchant J. Graziano

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

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Finance Committee - Agenda - 8/14/2019 - P99

Finance Committee - Agenda - 8/14/2019 - P100

By dnadmin on Mon, 11/07/2022 - 13:04
Document Date
Fri, 08/09/2019 - 13:48
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/14/2019 - 00:00
Page Number
100
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081420…

° Community Development 589-3095
City of Nashua Planning and Zoning 589-3090

. - oes Building Safe’ 589-3080
Community Development Division Code Enforoenent 589-3100
City Hall, 229 Main Street, PO Box 2019 Cran Programs mission eesnee
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119

Date: August 7", 2019

To: John Griffin, CFO; Daniel Kooken, Purchasing Manager

From: Sarah Marchant, Director Community Development Division

Re: Contract for Consulting Services for Mine Falls Hydroelectric Facility Licensing and
Compliance Services

The City of Nashua (the City), the licensee of the Mine Falls hydroelectric project, has filed with
the FERC a pre-application document (PAD) to initiate the re-licensing process for this existing
hydroelectric facility. The current FERC license for the Mine Falls project (Project number P-
3442) was issued on August 4, 1983 and will expire on July 31, 2023. The purpose of this
project is to assist the City in obtaining a new FERC license for the Mine Falls project. Resource
agencies, Indian Tribes and other interested parties were afforded the opportunity to request
studies and provide comments on the PAD. A list of requested studies is provided below.

Study Request Requester

1 | Instream Habitat and Bypass Flow Assessment NH Fish and Game and NOAA
2 | Adult Alosine Downstream Passage Assessment and | NH Fish and Game and NOAA
Protection Evaluation
3 | Telemetry Study of Upstream and Downstream NH Fish and Game and NOAA
Migrating Adult American Shad and River Herring to
Assess Passage Routes, Effectiveness and Delays

4 | Impact of Project Operations on Downstream NH Fish and Game and NOAA
Migration of Juvenile Alosines
5 | Downstream American Eel Passage Assessment NH Fish and Game and NOAA

6 | Three Dimensional Computational Fluid Dynamics NH Fish and Game and NOAA
(CFD) Modeling in the Vicinity of Fishway Entrance

7 | Rare, Endangered and Threatened Mussel Survey NH Fish and Game
8 | Water Quality Study NH DES and NOAA
9 | Bypass Reach Flow Study NH DES

Professional Services provided as part of this contract will encompass the following three
phases:

1. Proposed and Revised Study Plan — Based on the comments/requests provided by State
and Federal agencies on the PAD, a proposed study plan will be developed, including
goals and objectives, study area, background and existing information, project nexus,
detailed study methodologies, analysis and reporting, and schedule and level of effort
for each requested study. The proposed study plan will be submitted to FERC and other
stakeholders for review and comment. This phase will also include meeting with state

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Finance Committee - Agenda - 8/14/2019 - P100

Finance Committee - Agenda - 8/14/2019 - P101

By dnadmin on Mon, 11/07/2022 - 13:04
Document Date
Fri, 08/09/2019 - 13:48
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/14/2019 - 00:00
Page Number
101
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081420…

and federal agencies and stakeholders to address any comments on the proposed study
plan, and the subsequent creation of a revised study plan. The submission of any
required applications or permits to any local, state of federal agency may be required
during this phase. Attendance at pertinent meetings is required. Three paper copies,
along with electronic versions of all text, figures and drawings contained in the revised
study plan shall be submitted to the City. Electronic versions will be submitted by the
City to FERC and other stakeholders during the summer of 2019.

2. Implementation of Study Plan — The studies described in the study plan will be
conducted during this phase, the duration of which will be dependent on the duration of
required studies, weather, and river flow rates. It is currently estimated that studies will
be conducted beginning in the summer of 2019 through the spring of 2020.

3. Study Reports and Draft Application — Results from all of the studies performed will be
provided with a draft application for review by State and Federal agencies and tribes.
Comments by agencies and stakeholders will be addressed and a response to comments
document and final reports will be issued. Attendance at meetings with stakeholders to
present and discuss study results and substantive disagreements is required.

We issued RFQ0266-041519 for comprehensive environmental services relative to the City’s
relicensing of the Mine Falls Hydroelectric Facility, including Federal Energy Regulatory
Commission (FERC) licensing compliance and development and implementation of a study
plan in accordance with 18 CFR §5.11. We received qualification packages from three
companies: Alden Research Laboratory, Gomez and Sullivan, and Normandeau Associates. A
review committee of two City staff and one employee of Essex Power Services, the City
contractor responsible for operation and maintenance of the Mine Falls Hydroelectric Facility,
reviewed all submittals for relevant hydroelectric licensing and fish passage experience, proven
experience ion completing similar projects, demonstration of detailed knowledge and
performance of required studies and standard procedures, and strong project approach that
demonstrates knowledge needed and the commitment to successfully complete the scope of
work.

All three vendors were invited for interviews with the review committee. Based on the
qualification packages submitted and the interviews, Normandeau Associates was selected as
the vendor of choice. Normandeau was then asked to submit a scope of work, cost estimate,
and schedule. These documents are included in the contract as Exhibit B. The estimated cost
for the project was presented with a range of $262,233.15 to $361,229.15. The reason the costs
are presented as a range is because of the review and approval of the Study Plan required by
State and Federal agencies. The maximum cost is what would be expected if the agencies are
not willing to approve any modifications to our Study Plan. This maximum estimated cost is
provided as the Not to Exceed amount of this contract.

The Community Development Division recommends awarding the contract for Consulting
Services for Mine Falls Hydroelectric Facility Licensing and Compliance Services to
Normandeau Associates in the amount not to exceed $361,230.

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Finance Committee - Agenda - 8/14/2019 - P101

Finance Committee - Agenda - 8/14/2019 - P102

By dnadmin on Mon, 11/07/2022 - 13:04
Document Date
Fri, 08/09/2019 - 13:48
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/14/2019 - 00:00
Page Number
102
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081420…

>» NORMANDEAU
AFE ASSOCIATES

ENVIRONMENTAL CONSULTANTS
June 18, 2019

Ms. Deb Chisholm, Waterways Manager
City of Nashua

229 Main Street

Nashua, NH 03061

Sent via email: chisholmd@nashuanh.gov

Re: Mine Falls Hydroelectric Facility Licensing and Compliance Services;
Normandeau Associates, Inc. No. 2019-09-018

Dear Ms. Chisholm:

Normandeau Associates, Inc. (Normandeau) is pleased to submit this proposed work scope and cost estimate
to the City of Nashua (City) for services related to the relicensing of the Mine Falls Hydroelectric Project (FERC
No. 3442). Normandeau submitted a statement of qualifications in response to RFQ0266-041519 which was
issued by the City on March 1, 2019. Representatives from the Normandeau team (Drew Trested and Rick
Simmons from Normandeau and John Lavigne and Sara thle from The H.L. Turner Group) met with the City’s
interview panel to provide an overview of our qualifications and address questions on our qualifications and
general process approach on May 22. Following our interview it was indicated to us that the Normandeau
team was selected by the City as the preferred vendor for the Mine Falls licensing process. This letter is
intended to provide you with an overview of our proposed work scope, schedule and cost associated with the
services described in the original RFQ for the Mine Falls licensing process. During the development of this
work scope we have carefully reviewed and considered each of the study requests provided to the City by the
natural resource agencies. The total study cost provided here includes the completion of a subset of those
study requests determined by our project team to be appropriate for consideration by the City during the
relicensing process. However, it must be noted that the suite or design of studies included in this initial cost
estimate may change based on future negotiations between the City and natural resource agencies during the
study plan development process. With that in mind we have developed a comprehensive list of assumptions
and details for each study included in this cost estimate.

As defined in the RFQ, the City is seeking professional services related to:

1) Development of a Proposed and Revised Study Plan: This task will include a review of all study
requests provided by the natural resource agencies (i.¢., the New Hampshire Fish and Game
Department (NHFGD), New Hampshire Department of Environmental Services (NHDES), U.S. Fish and
Wildlife Service (USFWS), and the National Marine Fisheries Service (NMFS) and prepared following
their review of the Preliminary Application Document filed by the City with FERC on July 26, 2018. As
part of this task Normandeau will develop a preliminary study plan (PSP) which provides the goals and
objectives, study nexus, background information, proposed methodology, approach for analysis and
reporting, and the level of effort and timeline for each study. Throughout this process Normandeau
will consult with the City on which resource agency study requests to adopt, modify or not adopt. The
PSP will be distributed to the natural resource agencies for review and Normandeau will coordinate a

Corporate Office: Normandeau Associates, Inc. 25 Nashua Road ° Bedford, NH 03110 ° (603) 472-5191
www.normandeau.com

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By dnadmin on Mon, 11/07/2022 - 13:04
Document Date
Fri, 08/09/2019 - 13:48
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/14/2019 - 00:00
Page Number
103
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081420…

>» NORMANDEAU City of Nashua

2)

BAA ASSOCIATES June 18, 2019

ENVIRONMENTAL CONSULTANTS

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one-day stakeholder meeting to review all aspects of the PSP and address agency questions. Following
review and consideration of comments received on the PSP, Normandeau will prepare a revised study
plan (RSP). Normandeau will consult with the City throughout the development of the RSP as natural
resource agency comments on the PSP may have implications to the level of effort and associated
costs for one or more of the resource studies. Once complete, Normandeau will distribute the RSP to
the natural resource agencies.

implementation of the Revised Study Plan:

As described in our proposed approach for development of the PSP, each study request provided by
the resource agencies will be acknowledged in the study plan document and classified into one of
three categories:

e Requested studies adopted;
e Requested studies adopted with modification; or
e Requested studies not adopted.

The full suite of field studies requested by the resource agencies is expensive and we understand the
City’s responsibility to find a balance between responsiveness to the full suite of resource agency
concerns and financial burden on the tax payers. Table 1 provides our initial recommendations to the
City for each resource agency study request for inclusion in the Mine Falls PSP. In addition we have
included below a summary for each study request of (1) the requestor, (2) the specified goals and
objectives, (3) the proposed methodology, (4) our recommended approach, and (5) schedule/cost. In
some cases we have presented more than one study cost dependent on the selected approach.

Table 1. tnitial recommendations for inclusion of resource agency study requests in Mine Falls PSP.

Recommendation: Adopt

Instream Habitat and Bypass Flow Assessment*
Rare, Endangered and Threatened Mussel Survey
Water Quality Study

Recommendation: Adopt with Modifications

Telemetry Study of Upstream and Downstream Migrating Shad and Herring
Impact of Project Operations on Downstream Migration of Juvenile Alosines

Recommendation: Do not Adopt
Adult Alosine Downstream Passage Assessment and Protection Evaluation
Three Dimensional CFD Modeling in Vicinity of Fishway Entrance
Downstream American Eel Passage Assessment

Recommendation: Propose**
Desktop Impingement/Entrainment Survivability Assessment

*Includes study requests from NHFGD and NHDES
** Not a specific study request provided by the resource agencies but is proposed by Normandeau to characterize fish passage
information requested in a number of studies proposed for adoption with modification or no adoption.

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Finance Committee - Agenda - 8/14/2019 - P103

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