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MEMORANDUM

TO: NASHUA CONSERVATION COMMISSION
SHERRY DUTZY, CHAIRWOMEN

FROM: ANDREW SMETLZ, NASHUA REGIONAL PLANNING COMMISSION
SUBJECT: WETLAND BUFFER MAPPING PROJECT OUTLINE
DATE: SEPTEMBER 22, 2021

CC: JAY MINKARAH, EXECUTIVE DIRECTOR, NASHUA REGIONAL
PLANNING COMMISSION
MATTHEW SULLIVAN, PLANNING DEPARTMENT MANAGER, CITY OF
NASHUA

This memo contains a project outline for updates that Nashua Regional Planning Commission (NRPC) will
perform to the City of Nashua Natural Resource Inventory and Conservation Plan (2006) by Moosewood
Ecological Services, LLC. NRPC will perform these updates on behalf of the Nashua Conservation
Commission (NCC) under an existing technical services contract signed January 2021. NRPC anticipates
that this project will be completed no later than June 30, 2022, at a cost of $6,300 for 90 hours of work.

The City of Nashua Natural Resource Inventory and Conservation Plan (referred to herein as the NRI) is a
foundational document to the work of the Nashua Conservation Commission. The updated NRI will
contain narrative text, graphics, and data from the latest, authoritative sources comprehensively
describing Nashua’s natural resources. This document will also contain recommendations for natural
resource management. The NRI update will be completed in six phases outlined below. Specific work tasks
associated with each project phase are described in detail below and in the “Project Timeline” section.

Phase 1: Map Update

NRPC will update all maps within the document (18) with the most recent, authoritative GIS data sources.
GIS data sources will include: USGS, US F&WS, NRCS, NH F&G, NLCD, and others. This task will be completed
no later than December 31, 2021.

Phase 2: First Draft

NRPC will complete a first draft of the report with updated data, maps, tables, and text. The updated
document will follow the structure and convention of the existing report. Text within the document
referencing data, maps, or tables will be brought up to date with the latest, authoritative data sources.
NRPC will add new sections to the document to discuss outdoor recreation, the Lower Merrimack River
Watershed Plan, and urban natural resources. These topics are not part of the 2006 NRI. These sections
are described in detail in a memo sent to Commissioners, which also appeared in the Commission
meeting from September 7, 2021. Additionally, NRPC will identify areas within the City, consisting of

NRPC Task Order: Nashua Conservation Commission NRI Update
1

parcels or groups of parcels, where forest management plans will be beneficial. This task will be
completed no later than January 31, 2022.

Phase 3: Review First Draft

After the Commissioners have reviewed the first draft of the updated document. NRPC will reserve three
hours to discuss the document with Commissioners and take their feedback. This review will include two
hours to be set aside to attend the Commission meeting on February 1, 2022. An additional hour will be
reserved to receive feedback from Commissioners by video conference, phone, or email. NRPC will accept
feedback on the first draft through February 28, 2022.

Phase 4: Second Draft
After considering and incorporating all feedback provided by Commissioners, NRPC will revise the
document and create a second draft. The second draft will have the look and feel of a final document, and

it will be again submitted to the Commission for review. This task will occur no later than March 31, 2022.

Phase 5: Review Second Draft

After the Commissioners reviewed the second draft of the updated document. NRPC will reserve four
hours to discuss the document with Commissioners and take their feedback. This review will include two
hours to be set aside to attend the Commission meeting on April 5, 2022. Two additional hours will be
reserved to receive feedback from Commissioners by video conference, phone, or email. NRPC will accept
feedback on the second draft through April 31, 2022.

Phase 6: Final Report
After considering and incorporating all feedback provided by Commissioners, NRPC will revise the

document and create a final, updated version of The City of Nashua Natural Resource Inventory and
Conservation Plan. The final document will be submitted to the Commission no later than June 30, 2022.

Project Timeline:

Task s7o/uiR Amount Est. Completion
1 Map Update (18) 25 $1,750 December 31, 2021
2 First Draft 20 $1,400 January 31, 2022
3 Review First Draft 3 $210 February 28, 2022
4 Second Draft 20 $1,400 March 31, 2022
5 Review Second Draft 4 $280 May 31, 2022
6 Final Draft 18 $1,260 June 30, 2022

NRPC Task Order: Nashua Conservation Commission NRI Update
2

Deliverable:

NRPC will deliver to the NCC the following deliverables by June 30, 2022

e APDF copy of the City of Nashua Natural Resource Inventory and Conservation Plan (2022) as
updated by NRPC
e Printed, bound copies of the City of Nashua Natural Resource inventory and Conservation Plan

(2022) as updated by NRPC for each Commissioner and alternate (no additional charge for
printing)

Assumptions:

Hourly project estimates include only time associated with project work. Hourly estimates do not include
time in attendance at NCC meetings except for meetings where a review of the NRI will occur on February
1, 2022, and April 5, 2022. NRPC will discontinue regular attendance of NCC meetings.

NRPC Task Order: Nashua Conservation Commission NRI Update
3

NASHUA REGIONAL PLANNING COMMISSION

Nashua Conservation Commission Technical Assistance Services
Contract Addendum #1

This document shall serve as an addendum to the contract dated 28" January 2021 between the City of
Nashua, NH and the Nashua Regional Planning Commission.

The project timeline expressed in Section 3, Period of Performance, is hereby extended through June 30,
2022 through signature of the Parties below. The total not-to-exceed amount of $10,000 as defined by
Section 4, Compensation, remains unchanged. The primary services rendered from now until the contract
expiration is anticipated for Nashua’s Natural Resource Inventory (NRD update.

CITY OF NASHUA, NH NASHUA REGIONAL PLANNING COMMISSION
James W. Donchess Date Jay Minkarah Date
Mayor Executive Director

AMHERST | BROOKLINE | HOLLIS | HUDSON | LITCHFIELD | LYNDEBOROUGH | MASON | MERRIMACK | MILFORD | MONT VERNON | NASHUA | PELHAM | WILTON

(603) 417-6570 30 Temple Street, Suite 310, Nashua, NH 03060 www. nashuarpc.org

R-20-095

RESOLUTION

AUTHORIZING THE EXPENDITURE OF UP TO TEN THOUSAND DOLLARS
($10,000) FROM THE CONSERVATION FUND ON CONSULTING SERVICES WITH
THE NASHUA REGIONAL PLANNING COMMISSION

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor is
authorized to expend up to $10,000 from the Nashua Conservation Fund (Fund #4080) on
consulting services with the Nashua Regional Planning Commission to assist in completing

stewardship plans and various other work in accordance with the Conservation Commission’s
duties per RSA 36-A.

PASSED BY THE BOARD OF ALDERMEN — DECEMBER 8, 2020
APPROVED BY THE MAYOR — DECEMBER 9, 2020

ATTEST: SUSAN K. LOVERING, CITY CLERK

CONTRACT FOR INDEPENDENT CONTRACTOR

NASHUA CONSERVATION COMMISSION TECHNICAL ASSISTANCE SERVICES

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, Nasdua, NH 03060
AND

NASHUA REGIONAL PLANNING COMMISSION
and its successors, transferees and assignees (together “Independent Contractor”)
NAME AND TITLE OF INDEPENDENT CONTRACTOR

30 TEMPLE STREET, SUITE 310, NASHUA, NH. 03060
ADDRESS OF INDEPENDENT CONTRACTOR

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of an Independent Contractor; and

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

WHEREAS, Independent Contractor represents they 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 refcrence incorporated herein and
are made part of this contract:

Exhibit A--General Conditions for Contracts
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, Independent Contractor

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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 herein:

A. Technical Assistance services to the City of Nashua Conservation Commission pursuant to
their duties and responsibilities as delineated within State of New Hampshire RSA 36-A,
including, but not limited to:

Forest and Land Management Planning Support

Trail Mapping and Wayfinding Efforts

Development of Enhanced GIS Maps for Existing Conservation Lands/Resources

Support of Easement Monitoring Efforts

Other Technical Support as Required

we YN

3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work within (12)
twelve months from date of Notice to Proceed OR December 31°, 2021, whichever is sooner. The
performance date shall only be altered by mutually approved written agreement to extend the period of
performance or by termination in accordance with the terms of the contract. The performance period may
be extended by a maximum of (12) months from the end of the initial contract performance period.
Independent Contractor shall begin performance upon receipt of an Executed Contract, a valid Purchase
Order issued from the City of Nashua, and a Notice to Proceed.

4. COMPENSATION, Independent Contractor agrees to perform the work at the rate of $70.00 per hour

at a total cost not to exceed the contract amount of TEN THOUSAND DOLLARS ($ 10,000.00).

The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.

Unless Independent Contractor has received a written exemption from the City of Nashua, Independent
Contractor shall submit an itemized Application for Payment for operations completed in accordance
with the values stated in the Agreement. Such applications shall be supported by such data substantiating
the Independent Contractor’s right to payment as the City of Nashua may reasonably require.
Independent Contractor shall submit monthly requests for payment for services performed under this
agreement directly to:

>» Electronically via email to VendorAPInvoices@NashuaNH. gov
OR
> Paper Copies via US Mail to:
City of Nashua, City Hall
Accounts Payable
229 Main Street
Nashua, NH 03060

Please do not submit invoices both electronically and paper copy.

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

The City of Nashua will pay for work satisfactorily completed and accurately invoiced by Independent
Contractor within thirty (30) days from the time of approval by the City of Nashua.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until the date of execution
by the City of Nashua.

6. NoTICcEs. Alli 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:

CITY OF NASHUA REPRESENTATIVE: INDEPENDENT CONTRACTOR REPRESENTATIVE:

Sarah Marchant Jay Minkarah,

Community Development Director Executive Director

City of Nashua Nashua Regional! Planning Commission
Community Development Division 30 Temple Street

229 Main Street — PO 2019 Suite 310

Nashua, NH 03061-2019 Nashua, NH 03060

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 Independent Contractor may change the address or representative by giving
written notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this c nd intend to be

legal

‘ity of Nashua, NH (signature)

James W Donchess Mayor inkarah, Executive Director

(Printed Name and Title) (Printed Name and Title)

January 25, 2021
Date

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS
DEFINITIONS
INDEPENDENT CONTRACTOR STATUS
STANDARD Or 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 REGHTS 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, "Independent Contractor”, and its
Successors, transferees and assignees (together “Independent Contractor”) includes any of
the Independent Contractor's consultants, sub consultants, contractors, and subcontractors

2. INDEPENDENT CONTRACTOR STATUS The parties agree that Independent Contractor shall
have the status of and shali perform all work under this contract as an Independent
Contractor, 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 Independent Contractor, and nothing in this contract shall create any
contractual relationship between the City of Nashua and Independent Contractor's
consultants, sub consultants, contractors, or subcontractors. The parties also agree that
Independent Contractor 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 Independent Contractor 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.

3. STANDARD OF CARE Independent Contractor shall be responsible for the professional
quality, technical accuracy, timely completion, and coordination of all work performed
under this contract. Independent Contractor warrants that all work shall be performed with
the degree of professional skiil, 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 Independent Contractor 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 all
other rights which the City of Nashua may have, Independent Contractor 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 Independent Contractor'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
Independent Contractor shall not in any way relieve Independent Contractor 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 Independent Contractor'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 Independent Contractor shall be and remain
liable in accordance with the terms of the contract and applicable law.

Independent Contractor shall furnish competent and skilled personnel to perform the work

under this contract. The City of Nashua reserves the tight to approve key personnel
assigned by Independent Contractor to perform work under this contract. Approved key

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