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32.

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 Souther Judicial District or in
the New Hampshire 9th Circuit Court—Nashua and not elsewhere

GC 12 of 12

January 21, 2021 EXHIBIT B

City of Nashua, NH
MS4 Assistance 2021-2022
Scope of Work for Engineering Services

This document sets out the scope of services to assist in maintaining Nashua’s compliance with the 2017 New
Hampshire Phase II Small MS4 General Permit (the Permit) through December 31, 2022. These services are
outlined below.

Scope

1. Dry Weather Outfall Screening and Sampling
The permit requires that all outfalls (excluding Problem and excluded Outfalls) be inspected for the presence of
dry weather flow by June 30, 2021 in accordance with the initial ranking developed in 2020. The screening will
be conducted in accordance with the Dry Weather Outfall Screening and Sampling Procedures included in

Nashua’s written Illicit Discharge Detection and Elimination (IDDE) Program (Attachment A).

The screening and sampling will be conducted by a separate contractor under the supervision of Hazen.
Specifically, Hazen’s duties include:

Task 1.a Review the screening and sampling plan proposed by the vendor to confirm that it meets the
requirements of the permit.
Task 1.b Supervision of the sampling contractor during the screening/sampling period (February through

May 2021) to ensure that weekly screening/sampling goals are met and to mitigate any
unforeseen delays.

Task 1.c Log screening/sampling data into GIS.

2. Good Housekeeping/ Pollution Prevention Operation and Maintenance Procedures for Municipal
Facilities

The permit requires the development of operation and maintenance procedures be developed for the following
municipal activities:

Parks and open space: Establish procedures to include:
® proper use, storage, and disposal of pesticides, herbicides, and fertilizers
e lawn maintenance and landscaping activities that are protective of water quality
e procedures for management of trash containers at parks
e signage in areas concerning the proper disposal of pet wastes
e procedures to address waterfowl congregation areas to reduce waterfowl droppings from entering the
MS4
e procedures to address instances of erosion or poor vegetative cover.

City owned buildings and facilities including schools, offices, police, and fire stations, municipal pools and
parking garages and other permittee-owned or operated buildings or facilities: Establish procedures to include:
e the use, storage, and disposal of petroleum products and other potential stormwater pollutants

City of Nashua, NH
MS4 Assistance 2021-2022
Scope of Work for Engineering Services

e employee training for handling these products

e Spill Prevention Plans, if applicable

e Procedures for dumpsters and other waste management equipment.
e Routine sweeping of parking lots

Vehicles and equipment: Establish procedures to include:
e vehicle storage to prevent leaks from entering the MS4
e minimizing exposure of fueling areas
e procedures to ensure that vehicle wash waters are not discharged to the MS4 or surface waters

Hazen’s duties include:

Task 2.a Review the above referenced types of municipal properties for the potential to generate
stormwater pollutants using a list of properties provided by the City of Nashua.

Task 2.b Conduct site visits at the identified properties.

Task 2.c Conduct a workshop with the City of Nashua to further refine properties for development of
Operations and Maintenance Procedures

Task 2.d Develop Operations and Maintenance Procedures for the identified properties

Deliverables: Up to 4 Operations and Maintenance (O & M) Procedures Templates and up to 20 facility-
specific O & M Procedures using the templates.

3. Stormwater Pollution Prevention Plans (SWPPPs) for Maintenance Garages and Public Works Yards
The Permit requires that SWPPPs be developed for each of the following permittee-owned or operated facilities:
maintenance garages, public works yards, , and other waste handling facilities where pollutants are exposed to
stormwater.

Hazen is tasked with developing SWPPPs for the Street Department whose facilities include fueling stations,
covered salt storage and brine system, and vehicle maintenance and storage facilities. In addition, Hazen will
develop SWPPPs for other city-owned properties identified in Task 2 as needing SWPPPs. Hazen’s duties include:
Does DPW identify facilities requiring SWPPP and then individual department become responsible — DPW won’t

pay for their properties?

Task 3.a Conduct video conferences with facility managers to review operations and explain SWPPP
requirements.

Task 3.b Collect data required to develop SWPPPs including on-site data and information.
Task 3.c Develop SWPPPs using the template developed by the New Hampshire Stormwater Coalition.

Deliverables: Prepare up to 5 facility-specific SWPPPs.

JANUARY 2021

Board of Aldermen Page 16
July 12, 2016

Alderman Dowd
| can see Alderman Deane’s point if we brought something up that wasn’t on the agenda already but it
was on the agenda for a first reading and it was referred to committee and it’s on the agenda now and

has been since it was posted in the time required. | don’t see an issue with any concern regarding
public knowledge of the two motions.

Alderman Schoneman
| want to voice my support for proper process. | don’t see anything wrong with the purchase but we do

have a process and it’s best for our image and the people sitting at home that there is a process that’s
being followed. There is no time sensitivity and | don’t know why it didn’t wait.

Alderman Siegel

The only point | can see is that where the minutes of the meeting might be critical for review for the full
Board or the public at large. Alderman Wilshire, was there any specific discussion in your view point
that would be germane to this or was it a fairly quick meeting? | don’t think we are violating the process

but if the meeting minutes were such that it might potentially change somebody’s mind if a piece of
information came out then | would be in favor of waiting.

Alderman Wilshire

There was nothing like that. Deputy Chief Kerrigan gave us the information we needed. There was no
public to give comment and it was posted on the full Board’s agenda. There was nothing that would be
controversial.

Alderman Siegel

Was there more information presented at that meeting regarding this purchase than what was just
presented now describing it?

Alderman Wilshire

No.
Alderman Siegel
So we have all of the information in front of us?

Alderman Wilshire

Yes.
Alderman O’Brien

This seems to be a procedural question and | would like to explore that. Attorney Bolton, did we meet
the Right-to-Know Law?

Attorney Bolton

| believe every requirement of law was properly addressed.

Jim Donchess
Mayor e City of Nashua

video received 3,000 Facebook views, 3,500 reads through various e-
newsletters, 2 articles in the Union Leader, 4 articles in the Nashua Telegraph,
and hundreds of in-person meetings with stakeholder groups, abutters and
public sessions.

After several iterations and significant public involvement the draft final plan is
attached. The Planning Board unanimously adopted the plan at their September

14" public hearing, for referral to the Board of Aldermen for final approval.

229 Main Street * PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 © fax 603.594.3450 « NashuaMayor@NashuaNH. gov
www.NashuaNH.gov

City of Nashua, NH
MS4 Assistance 2021-2022
Scope of Work for Engineering Services

4. Assessment of Street and Parking Lot Guidelines
The Permit requires the development of a report assessing current street design and parking lot guidelines and
other local requirements with respect to the creation of impervious cover. The assessment must evaluate the
potential for the modification of design standards for streets and parking lots to support low impact design
options. Should such changes be feasible, the assessment shall include recommendations and proposed
schedules for such revisions that would result in reduced impervious cover attributable to parking areas and
street designs.

Hazen’s duties include:

Task 4.a Conduct site visits of city-owned properties and inventory those with green infrastructure or low
impact development (LID) practices.

Task 4.b Review Nashua’s existing street and parking lot design guidelines and requirements. Identify
example design guidelines that facilitate low impact design and compare with Nashua’s.

Task 4.c Conduct a workshop with the City of Nashua to review the preliminary findings and
recommendations.

Task 4.d Prepare a report detailing the findings and recommendations along with a schedule for
implementation.

Deliverable: Street and Parking Lot Guidelines Assessment Report

5. Local Regulation Assessment Report

The Permit requires the development of a report assessing whether or not existing local regulations including,
but not limited to, zoning and construction codes, allow for:
e = green infrastructure practices, depending upon site conditions, such as
© green roof
© rain gardens
© curb extensions
o planter gardens, porous/pervious pavements
e water harvesting devices such as rain barrels and cisterns for stormwater reuse

If not allowed the report must identify impediments to the use of these practices, recommend changes to make
them allowable, and provide a schedule for implementation. Hazen’s tasks include:

Task 5.a Review of applicable ordinances and regulations and compare against EPA guidance documents
and other guidance related to low impact development and green infrastructure.

Task 5.b Prepare a report detailing the findings and recommendations along with a schedule for
implementation.

Deliverable: Local Regulation Assessment Report

JANUARY 2021

City of Nashua, NH
MS4 Assistance 2021-2022
Scope of Work for Engineering Services

6. BMP Potential Retrofit Inventory

The Permit requires an inventory and priority ranking of permittee-owned property (including parking lots,
buildings, and maintenance yards) and existing infrastructure (right-of-ways, outfalls and stormwater
conveyances, swales, and detention practices) that could be retrofitted with BMPs designed to reduce the
frequency, volume and pollutant loads of stormwater discharges to its MS4 through the mitigation of
impervious area.

The inventory and priority ranking must consider factors such as access for maintenance, subsurface geology
and infrastructure, depth to water table, slope and elevation; and proximity to and public safety when
evaluating potential retrofits. Hazen’s duties include:

Task 6.a Site visits and preparation

Task 6.b Document findings of site visits and compile inventory.

Task 6.c Conduct workshop with City of Nashua to rank potential BMP retrofits.

Task 6.d Prepare a report detailing the findings and recommendations along with a schedule for

implementation based on the rankings.

Deliverables:
e Ranked Inventory of Potential BMP Retrofits
e BMP Retrofit Report

7. Annual Reports

The Permit requires submit of annual reports that include:
e review of permit compliance
e assessment of selected BMPs.
e status of the any plans for discharges subject to TMDLs or to certain impaired waters
e progress towards achieving the measurable goals and objectives of the six minimum measures

Hazen’s duties include assisting the City of Nashua in completing the year 3 and year 4 annual reports using the
templates provided by the New Hampshire Stormwater Coalition.

Deliverables:

e Year 3 Annual Report due June 30, 2021
e Year 4 Annual Report due June 30, 2022

JANUARY 2021

City of Nashua, NH
MS4 Assistance 2021-2022
Scope of Work for Engineering Services

Schedule:

Task 1: Begin no later than February 28, 2021 and end prior to May 31, 2021
Task 2: Begin no later than February 28, 2021 and end prior to May 31, 2021
Task 3: Begin no later than February 28, 2021 and end prior to May 31, 2021
Task 4: Begin no later than July 1, 2021 and end prior to May 31, 2022

Task 5: Begin no later than July 1, 2021 and end prior to May 31, 2022

Task 6: Begin no later than July 1, 2021 and end prior to May 31, 2022

Task 7:
e Year 3 Annual Report — Begin June 30, 2021 and end prior to September 30, 2021
e Year 4 Annual Report — Begin June 30, 2022 and end prior to September 30, 2022

Fee: See Attachment B for detailed fee calculations
Total Fee: $ 187,550 (including screening/sampling sub-consultant)

JANUARY 2021

Attachment A

Illicit Discharge Detection and Elimination
(IDDE) Program

Nashua, New Hampshire

Prepared By:
City of Nashua &
Hazen and Sawyer

Using the Template Prepared By:
Seacoast Stormwater Coalition &
Manchester/ Nashua Stormwater Coalition

EPA NPDES Stormwater Permit Number NHR041021
EPA NPDES Wastewater Permit Number NH010070