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REX A. NORMAN, CAE
PROFESSIONAL LICENSES/AFFILIATIONS

Certified General Real Estate Appraiser:
New Hampshire License #384 [Retired 10/31/16]

NH Department of Revenue Certified Assessor Supervisor [Exp. 12/31/2021]

Member: INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS
NH State Representative to IAAO: 2010 — Current
Designation — Certified Assessment Evaluator - #1146 Retired

Member: NEW HAMPSHIRE ASSOCIATION OF ASSESSING OFFICIALS
President — 2010
Designation - Certified New Hampshire Assessor - #112 Retired

PROFESSIONAL AFFILIATIONS

Member: NH Lakes Management Advisory Committee, Municipal Official, 2018 -
Member: IAAO Public Utilities Section, 2002 - 2016

Member: Northeastern Association of Assessing Officers 2003 - 2016

Member: Massachusetts Association of Assessing Officers 2002 - 2015
Member: Assessing Standards Board, State of New Hampshire 2001-2003

Member: Board of Assessors, CITY OF NASHUA, NH 2000-2003

EDUCATION

FRANKLIN PIERCE COLLEGE - Rindge, NH
Bachelors Degree in Financial Management — 1990

* Specialized Appraisal Courses & Real Estate Seminars

- As required for Appraiser licensing and professional membership certification — A minimum of
14 pre-approved hours of continuing education annually with 7 hours National Uniform
Standards of Professional Appraisal Practice (USPAP) included every two years.

International Association of Assessing Officials
Appraisal Institute

New Hampshire Association of Assessing Officers
Northeast Regional Association of Assessing Officials
New Hampshire Department of Revenue

National Association of Independent Fee Appraisers
Massachusetts Board of Real Estate Appraisers
Massachusetts Association of Assessing Officials
The Lincoln Institute of Land Policy- Cambridge, MA

(a\ THE CITY OF NASHUA "The Gate City"

Administrative Services
Purchasing Department

July 8, 2020
Memo #21-009

TO: Mayor Donchess
Finance Committee
SUBJECT: Purchase of City of Nashua Master Plan
Please see attached communications from Sarah Marchant, Director of Community Development dated

June 29, 2020 for project specific details related to this purchase. Below please find a summary of the
purchase approval request:

Item: Citywide 2020 Master Plan
Value: $200,249
Vendor: Utile Design

Department: Community Development
Source Fund: Master Plan Fund (FY20 & FY21 budgets)

Ordinance: 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.

Community Development and Purchasing respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: S Marchant
J Graziano

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

2 Community Development
City of Nash ua Planning and Zoning
: torus Building Safety
Community Development Division Code Enforcement
City Hall, 229 Main Street, PO Box 2019 ee aS mnissi
Nashua, New Hampshire 03061-2019 Transporation
www.nashuanh.gov FAX

589-3095
589-3090
589-3080
589-3100
589-3085
589-3105
880-0100
589-3119

Date: June 29, 2020
To: John Griffin, CFO; Kelly Parkinson, Purchasing Manager
From: Sarah Marchant, Director Community Development Division

Re: Contract Professional Services for the Citywide 2020 Master Plan

The Community Development Division issued RFQ0265-021420 to request qualifications from
qualified consultant teams with considerable experience in urban design, land use and
transportation planning, economic analysis, natural resources, arts and cultural resources, equity,
sustainability, resiliency and community engagement to update the City’s Master Plan. The new,
updated plan will provide the City‘s elected and appointed officials, property owners, businesses,
developers, non-profits, institutions, residents and staff on the appropriate vision and
redevelopment of Nashua with a clear direction and image for its future, the strategies and tactics
needed to achieve that vision in an easy-to-read and legally defensible document.

A committee including Mayor Jim Donchess, Cheryl Lindner, Tim Cummings, Julie Chizmas,
and Sarah Marchant from City Staff and Scott LeClair, Planning Board Chair, reviewed the
proposals and evaluated each proposal based on the following criteria: 1. The professional and
ethical reputation of the consulting team. 2. The consulting team’s demonstrated qualifications
and expertise in performing the services required. 3. The qualifications and experience of the
staff that will oversee the project. 4. The extent to which the services offered most closely match
the City’s needs. 5. The past record of performance with projects with respect to quality of work,
control of costs, and ability to meet schedules. 6. References from past clients.

Utile Design was chosen unanimously for their comprehensive proposal including reputation,
experience, design skills, public participation process, professional team including environmental
engineering, economic development, housing, transportation and mobility; and focus on equity,
resilience and climate protection. The contract includes project initiation, data collection and
review of existing conditions, future trends analysis, public visioning & engagement, plan
development and finally implementation planning. The project is expected to take 12 to 15
months, to be followed by an update of the Land Use code.

The Community Development Division recommends awarding the contract for comprehensive
professional consulting for the citywide 2020 Master Plan to Utile Design in the amount of
$200,249.00.

CONTRACT FOR PROFESSIONAL SERVICES

PROFESSIONAL SERVICES CONTRACT FOR 2020 MASTER PLAN

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND

Utile Design, 115 KINGSTON STREET, BOSTON, MA 02111

and its successors, transferees and assignees (together “Professional Engineer”)

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

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

WHEREAS, Utile Design and the Team represented in the Response to RFP#0265-021420 are duly
qualified, equipped, staffed, ready, willing and able to perform and render the services hereinafter
described;

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

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

Exhibit A -- General Conditions for Contracts
Exhibit B -- Scope of Services, Contract Time
Exhibit C -- Fee Schedule

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

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

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Professional Engineer shall
furnish all services, equipment, and materials and shall perform all operations necessary and required to
carry out and perform in accordance with the terms and conditions of the contract the work described.

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

4. COMPENSATION. Professional Engineer agrees to perform the work for a total cost not to exceed
Two hundred thousand, two hundred forty nine dollars ($ 200,249.00 _)

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

City of Nashua

Attn: Accounts Payable
PO Box 2019

Nashua, NH 03061-2019

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

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

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

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

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

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.
6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract

shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

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CITY OF NASHUA REPRESENTATIVE: UTILE DESIGN REPRESENTATIVE

Community Development Division Utile Design

Sarah Marchant, Director Tim Love, Principal In Charge
229 Main Street, PO Box 2019 115 Kingston Street

Nashua, NH 03060 Boston, MA 02111

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

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

City of Nashua, NH (signature) Utile Design(signature)

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

Date Date

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL ENGINEER STATUS
STANDARD OF CARE

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

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

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

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

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT
CHOICE OF LAW AND VENUE

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General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Professional Engineer”, and its
successors, transferees and assignees (together “Professional Engineer’) includes any of the
Professional Engineer's consultants, sub consultants, contractors, and subcontractors

PROFESSIONAL ENGINEER STATUS The parties agree that Professional Engineer shall have the
status of and shall perform all work under this contract as a Professional Engineer, maintaining
control over all its consultants, sub consultants, contractors, or subcontractors. The only
contractual relationship created by this contract is between the City of Nashua and Professional
Engineer, and nothing in this contract shall create any contractual relationship between the City
of Nashua and Professional Engineer's consultants, sub consultants, contractors, or
subcontractors. The parties also agree that Professional Engineer is not a City of Nashua
employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;

(4) Participation or contributions by either the Professional Engineer or the City of
Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Professional Engineer shall be responsible for the professional quality,
technical accuracy, completion in accordance with a mutually agreed upon schedule, and
coordination of all work performed under this contract. Professional Engineer warrants that all
work shall be performed with the degree of professional skill, care, diligence, and sound practices
and judgment that are normally exercised by recognized professional firms with respect to
services of a similar nature. It shall be the duty of Professional Engineer to assure at its own
expense that all work is technically sound and in conformance with all applicable federal, state,
and local laws, statutes, regulations, ordinances, orders, or other requirements. In addition to ail
other rights which the City of Nashua may have, Professional Engineer shall, at its own expense
and without additional compensation, re-perform work to correct or revise any deficiencies,
omissions, or errors in the work or the product of the work or which result from Professional
Engineer's failure to perform in accordance with this standard of care. Any approval by the City
of Nashua of any products or services furnished or used by Professional Engineer shall not in any
way relieve Professional Engineer of the responsibility for professional and technical accuracy
and adequacy of its work. City of Nashua review, approval, or acceptance of, or payment for any
of Professional Engineer's work under this contract shall not operate as a waiver of any of the
City of Nashua's rights or causes of action under this contract, and Professional Engineer shall be
and remain liable in accordance with the terms of the contract and applicable law.

Professional Engineer shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
Professional Engineer to perform work under this contract. Approved key personnel shall not be
taken off of the project by Professional Engineer without the prior written approval of the City of
Nashua, except in the event of termination of employment. Professional Engineer shall, if
requested to do so by the City of Nashua, remove from the job any personnel whom the City of
Nashua determines to be incompetent, dishonest, or uncooperative.

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4, CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
Professional Engineer, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.

5. CHANGES TO SCOPE OF WoRK The City of Nashua may, at any time, by wiitten order, make
changes to the general scope, character, or cost of this contract and in the services or work to be
performed, either increasing or decreasing the scope, character, or cost of Professional Engineer's
performance under the contract. Professional Engineer shall provide to the City of Nashua within
10 calendar days, a written proposal for accomplishing the change. The proposal for a change
shall provide enough detail, including personnel hours for each sub-task and cost breakdowns of
tasks, for the City of Nashua to be able to adequately analyze the proposal. The City of Nashua
will then determine in writing if Professional Engineer should proceed with any or all of the
proposed change. If the change causes an increase or a decrease in Professional Engineer's cost
or time required for performance of the contract as a whole, an equitable adjustment shall be
made and the contract accordingly modified in writing. Any claim of Professional Engineer for
adjustment under this clause shall be asserted in writing within 30 days of the date the City of
Nashua notified Professional Engineer of the change.

When Professional Engineer seeks changes, Professional Engineer shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify the
City of Nashua in writing of the estimate. The proposal for a change shall provide enough detail,
including personnel hours for each sub-task and cost breakdowns of tasks, for the City of Nashua
to be able to adequately analyze the proposal. The City of Nashua will then determine in writing
if Professional Engineer should proceed with any or all of the proposed change.

Except as provided in this paragraph, Professional Engineer shall implement no change unless the
City of Nashua in writing approves the change. Unless otherwise agreed to in writing, the
provisions of this contract shall apply to all changes. The City of Nashua may provide verbal
approval of a change when the City of Nashua, in its sole discretion, determines that time is
critical or public health and safety are of concern. Any verbal approval shall be confirmed in
writing as scon as practicable. Any change undertaken without prior City of Nashua approval
shall not be compensated and is, at the City of Nashua's election, sufficient reason for contract
termination.

6. CITY OF NASHUA COOPERATION ‘The City of Nashua agrees that its personnel will cooperate
with Professional Engineer in the performance of its work under this contract and that such
personnel will be available to Professional Engineer for consultation at reasonable times and after
being given sufficient advance notice that will prevent conflict with their other responsibilities.
The City of Nashua also agrees to provide Professional Engineer with access to City of Nashua
records in a reasonable time and manner and to schedule items that require action by the Board of
Public Works and Finance Committee in a timely manner. The City of Nashua and Professional
Engineer also agree to attend all meetings called by the City of Nashua or Professional Engineer
to discuss the work under the Contract, and that Professional Engineer may elect to conduct and
record such meetings and shall later distribute prepared minutes of the meeting to the City of
Nashua.

7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Engineer warrants that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing,
and has concluded that the City of Nashua's resolution of each matter is satisfactory to
Professional Engineer. All future questions Professional Engineer may have concerning
interpretation or clarification of this contract shall be submitted in writing to the City of Nashua
within 10 calendar days of their arising. The writing shall state clearly and in full detail the basis
for Professional Engineer's question or position. The City of Nashua representative shall render a

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