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satisfaction of such hindrances and delays any extension of time that the City of Nashua may
provide.

INSURANCE Service Provider shall carry and maintain in effect during the performance of
services under this contract:

>» General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
> $1,000,000 Combined Single Limit Automobile Liability;
*Coverage must include all owned, non-owned and hired vehicles.
> $1,000,000 Profession Liability,
> and Workers’ Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$ 100,000.

Service Provider shall maintain in effect at all times during the performance under this contract
all specified insurance coverage with insurers, None of the requirements as to types and limits to
be maintained by Service Provider are intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by Service Provider under this contract. The City of Nashua
shall not maintain any insurance on behalf of Service Provider. Subcontractors are subject to the
same insurance requirements as Service Provider and it shall be the Service Provider's
responsibility to ensure compliance of this requirement.

Service Provider will provide the City of Nashua with certificates of insurance for coverage as
listed below and endorsements affecting coverage required by the contract within ten calendar
days after the City of Nashua issues the notice of award. The City of Nashua requires thirty days
written notice of cancellation or material change in coverage. The certificates and endorsements
for each insurance policy must be signed by a person authorized by the insurer and who is
licensed by the State of New Hampshire. General Liability and Auto Liability policies must
name the City of Nashua_as_an_additignal insured and reflect on the certificate of
insurance. Service Provider is responsible for filing updated certificates of insurance with the
City of Nashua's Risk Management Department during the life of the contract.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance,
> If aggregate limits of less than $2,000,000 are imposed on bodily injury and
property damage, Service Provider must maintain umbrella liability insurance of al
jeast $1,000,000. All aggregates must be fully disclosed on the required certificate of
insurance.
> The specified insurance requirements do not relieve Service Provider of its
responsibilities or limit the amount of its liability to the City of Nashua or other
persons, and Service Provider is encouraged to purchase such additional insurance, as it
deems necessary.
> The insurance provided herein is primary, and no insurance held or owned by the City
of Nashua shall be called upon to contribute to a loss.
> Service Provider is responsible for and required to remedy all damage or loss to any

property, including property of the City of Nashua, caused in whole or part by ‘Service
Provider or anyone employed, directed, or supervised by Professional Engineer.

INDEMNIFICATION Regardless of any coverage provided by any insurance, Service Provider
agrees to indemnify and hold harmless the City of Nashua, its agents, officials, employees and
authorized representatives and their employees from and against any and all suits, causes of
action, legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities,
interest, attotney’s fees, costs and expenses of any kind or nature in any manner caused,

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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 contro! 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 shal! 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 ta 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 progtess 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 shail, 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,
tertnination, 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

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Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal Employment,
Department of Labor” which, by this reference, is incorporated in this contract.

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 viotation 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

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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
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 al!
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 Stale of New Hampshire, shall be
tteated 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
aprees 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 Sorvice 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

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from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.

_ 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 shal! 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, shal! not be liable to third parties for any
act or omission of the other party. This contract is not intended to create any rights, 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.

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SEVERABILIFY 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
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 entite
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, ametidments, 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 Ll of 11

ASSOCIATES INC

Housing Needs Analysis
Nashua, New Hampshire

January 9, 2020 (revised May 25, 2020)

ASSOCIATES ING
January 9, 2020

Tim Cummings
Director of Economic Development
City of Nashua, NH

Reference: City of Nashua Housing Needs Analysis
Dear Mr. Cummings:

RKG Associates, Inc. is pleased to submit this proposal to assist the City of Nashua in completing a study to assess
the current and projected need for housing and develop strategies for implementation. RKG brings decades of
experience analyzing housing markets to determine where current gaps in the marketplace exist, and where future
market trends are headed. We study and synthesize demographic, socioeconomic, and real estate data to better
equip cities with the information and strategies they need to encourage housing that meets the needs of not only
today’s residents, but future generations to come. With primary offices in Boston, Alexandria, and Atlanta; our firm
is familiar with the challenges cities face in providing housing choice at price points that are affordable to residents
across the income spectrum.

Given the scope of work outlined in your email request, we believe RKG is ideally qualified to serve you. We offer
the following competitive advantages:

» Weare recognized experts in housing needs analysis, strategic planning, and real estate economics for
affordable and market-rate housing, with local, regional, and national experience;

» We bring decades of experience collecting and synthesizing data for communities to better understand local
conditions and tell your story;

» We bring both a “fresh pair of eyes” and depth of experience looking at and understanding housing in New
England from our thirty-five years in the field;

» We have a high of comfort level working with professional staff, boards and commissions, the general public,
and developers, and an outstanding track record with meeting design, facilitation, and consensus;

» Access to a multi-disciplinary corps of planners, policy analysts, economists, and real estate experts in RKG’s
Boston, Alexandria, and Atlanta offices.

I will serve as the primary point of contact for this project and submission, and can be reached at 617-847-8912 at
extension 3, or through email at ehalvorsen@rkgassociates.com, We look forward to working with you on this
exciting project. Please do not hesitate to contact me with questions or follow up material.

Sincerely,

Exi-thb—

Eric Halvorsen, AICP
Vice President and Principal

QUALIFICATIONS |

Founded in 1981, RKG Associates, Inc. provides
private, public and institutional clients, nationwide,
a comprehensive range of advisory, planning, and
strategic consulting services telated to real estate,
land use and economic development. We are proud
that most of the assignments for which we have been
engaged are projects that are built... projects that
happen... projects that work... with tangible results
measured in terms of new jobs, new investments,
expanded tax bases or new master plans based on
strong community consensus.

Our firm has successfully blended the in-house
expertise of professionals who have backgrounds
in market research, economics, finance, real estate
development and planning. We also call upon an
extensive network of other professionals to provide
complementary technical expertise in such areas as
architecture, engineering, land use planning, legal
services and environmental science.

Whether it is a large-scale project or a smaller
undertaking, we make our full range of skills and
disciplines available to every client.

RKG Associates is owned and managed by four
principals:
» Mr. Russell Archambault
300 Montgomery Street, Suite 203
Alexandria, Virginia 22314

» Mr. Kyle Talente
300 Montgomery Street, Suite 203
Alexandria, Virginia 22314

» Mr. Craig Seymour
76 Canal Street, Suite 401
Boston, Massachusetts 02114

» Mr. Eric Halvorsen, AICP
76 Canal Street, Suite 401
Boston, Massachusetts 02114

RKG

ASSOCIATES ING

RKG Associates is a full service economic, planning
and real estate consulting firm with offices located in
Alexandria, Virginia; Atlanta, Georgia; and Boston,
Massachusetts. Since our founding in 1981, the firm
has successfully completed more than two thousand
consulting projects regionally, nationally and
internationally, providing a comprehensive range

of economic, planning, marketing and management
services to governmental, business and institutional
clients. The firm currently employs nine full-time
professionals, having grown to become one of the
most respected economic and real estate advisory
consulting firms in United States. RKG is led by four
principals who are integrally involved in all aspects
of a project. Our firm has the staff and technological
resources to bring projects to completion on time and
on budget.

RKG Associates has substantial experience in
analyzing residential markets for private, non-profit,
and public sector clients. Our experience ranges
from City-wide housing plans to feasibility analyses
for individual housing developments to affordable
housing needs assessments. For all of RKG Associates
experience in analyzing and testing housing markets
and need, the common element in our work is the
inclusion of an implementation strategy to guide

our client from vision to action. Simply put, we have
the ability and proven results to assess supply and
demand factors affecting our clients and deliver
custom, market-driven strategies to reach their goals.

RKG Associates has assembled a group of highly
qualified professionals who bring their own unique
perspective to each assignment, and the firm’s
strength lies in the diversity of backgrounds and
disciplines represented within the organization.
The talents of staff economists, planners, financial
analysts, appraisers and real estate developers are
brought together in a team effort to solve client
problems. Our firm also has access to, and works
with, a wide array of affiliates and consultants
who provide technical expertise in such areas

as architecture, urban design, engineering,
environmental science and associated disciplines.

RKG Associates

Project Approach

RKG Associates approach to the proposed scope of
services identified by the City involves a multi-phase
process that emphasizes data collection and analysis,
implementation, and is grounded in economic realities,
Communication and feedback from the City and any
engaged stakeholders will also play a critical role

in shaping the analysis. The resulting product will

be a user-friendly housing needs analysis that can
easily be understood by all who use it. This analysis
can be used to guide the City through any policy or
program changes necessary to better serve its residents.
Furthering housing choice, a range of sizes and scales,
and a variety of price points will be the central tenets
anchoring the study. This project will serve the City to
ensure ail residents have the opportunity to find high-
quality, safe housing through housing preservation and
mutually-beneficial partnerships for new development
and redevelopment.

» Data Analysis and Synthesis — The City is
seeking a consultant that can provide relevant and
meaningful demographic, economic, and housing
data to shape and change policy over time. Goad
data that is locally-derived and meaningful
to residents can help create a transparent and
defensible analysis making implementation that
much easier. RKG has decades of experiencing
analyzing housing data, understanding your local
marketplace, and formulating a story that will
resonate with residents and decision makers alike.

RKG Associates

APPROACH

» Community Participation - We understand that
community engagement at this stage is not part of
the scope, however, we do plan to engage directly
with City staff and stakeholders who understand
Nashua’s housing market. The viability of the
analysis and recommendations will rely on our the
ability to garner meaningful input from the City
along the way. It is essential that all integral City
departments participate in the development of this
study and take ownership of the recommendations.

» Recommendations - At the core of a successful
housing study is the need for financial, economic,
and market reality. We believe it is important to
understand: 1) public and private mechanisms,
including funding sources that are available; 2)
financial and organizational commitments that
have already been made; 3) staff resources that can
be directed at implementation; and 4) other outside
revenue resources that can be identified. Defining
a role for the City’s staff to play that will ensure
the accomplishment of alt goals set forth in the
implementation strategy is key. We also recognize
the importance of working through City staff to
ensure this analysis can inform and be a part of the
upcoming Master Plan process and document.

The following pages provide a more detailed scope

of work for how our team will address many of the
elements in the City’s email request.