Exhibit B
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
VANASSE HANGEN BRUSTUIN, INC.
AND
THE CITY OF NASHUA, NEW HAMPSHIRE
DOWNTOWN RIVERFRONT PROJECT
December 30, 2021
The following expands services under the existing agreement between the City of Nashua and
Vanasse Hangen Brustlin, Inc. (VHB) for the Nashua Downtown Riverfront Project dated
12/12/2019. This agreement is subject to the terms and conditions of the original contract.
SCOPE OF SERVICES
This agreement includes the following scope of work.
ENVIRONMENTAL ANALYSIS AND PERMITTING
The project will require work below the top of bank of the Nashua River, which would trigger a
Prime Wetland review by the NH Department of Environmental Services (NHDES} Wetlands
Bureau under RSA 482-A. Additionally, any structure or fill below ordinary high water would
require authorization by the US Army Corps of Engineers under Section 404 of the Clean Water
Act. The Corps permit will, in turn, trigger the need to demonstrate compliance with Section 106
of the National Historic Preservation Act. We note that the Nashua River is subject to an urban
exemption from the NHDES Shoreland Program under RSA 483-B. To expedite design and
construction, it is likely that the project would be constructed in two to three phases:
e Project components that can be constructed entirely outside of the jurisdiction of the
NHDES, Army Corps, and NHDHR. These will likely include the Cotton Transfer Bridge
ADA ramp, the redevelopment of Bicentennial Park, redevelopment of the driveway
behind the Clocktower apartment building, portions of the multiuse path along the
south side of the Nashua River from Main Street to Temple Street, and possibly other
smaller components that do not impact the resource area.
¢ Boardwalks, the New Pedestrian Bridge across the Nashua River, and trail improvements
resulting in work below the top of bank requiring temporary and permanent impacts
(such as piers) in the bed and banks of the Nashua River.
e Renaissance Park Redevelopment - The redevelopment of the park will likely include
rehabilitation and/or replacement of existing walls and banks that retain the park along
the Nashua River.
Because the project will be implemented in phases, we understand that the regulatory process
may proceed in phases accordingly. Additionally, VHB understands that the project will require
excavation within areas of urban fill, and that areas of known contamination occur within or
adjacent to the project area. For this reason, VHB will provide an assessment of potential soil
and groundwater management issues as part of this scope.
Task 1. Prime Wetland Boundary Coordination
The existing prime wetlands mapping of the Nashua River is inaccurate in certain areas of the
project limits, extending substantially outside of the banks of the river in certain locations. To
clarify NHDES jurisdiction, and in keeping with NHDES guidance on this issue, VHB will prepare a
submittal pursuant to Env-Wt 703.05 to clarify the boundary of the prime wetland. VHB will
prepare an overlay map of the official prime wetland boundary together with the field
delineation previously completed by our wetland scientists and will coordinate with the Nashua
Conservation Commission to obtain their concurrence with the revised mapping. This
information will be submitted to the NHDES Wetlands Bureau for review and approval prior to
completing the permit applications.
Task 2. Wetland Mitigation Support
Because the project will impact a prime wetland, NHDES will require compensatory mitigation.
VHB will therefore develop a project mitigation proposal, in consultation with the City, following
the criteria at Env-Wt 801,03. This effort would:
¢ Document that on-site mitigation is not practical, given the constraints of the existing
infrastructure and property boundaries.
e Evaluate whether the project can incorporate other forms of off-site permittee-
responsible mitigation such as creation, restoration, or preservation, in consultation with
the Nashua Conservation Commission.
e If needed, VHB will produce a high-level conceptual plan for a permittee-responsible
mitigation proposal. This plan would include information sufficient to allow for
preliminary NHDES review, but is not intended to include full mitigation design (e.g., the
documentation required by Env-Wt). This task assumes that NHDES would allow final
design of any such mitigation to occur following permit approval.
e |f permittee-responsible mitigation is determined not practical, develop an analysis of in-
lieu fee mitigation.
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As part of this task, VHB will arrange for up to three pre-application meetings with the
Conservation Commission and/or their representative and NHDES pursuant to Env-Wt 311.02.
Task 3. Stream Geomorphic Assessment
Although the project area is in a highly-modified reach of the Nashua River, NHDES has advised
that the proposed new pedestrian bridge will need to comply with Env-Wt 900. Therefore, a VHB
water resources scientist will conduct a geomorphic assessment of Nashua River at the
proposed new pedestrian bridge crossing as required by NH Administrative Rule Env-Wt 904.01
and 904.08. VHB will document field conditions at the proposed crossing and will attempt to
determine bank full width and depth and flood prone width, and will complete the
corresponding NHDES Wetlands Permit Application Stream Crossing Worksheet as needed. VHB
anticipates that an appropriate reference reach may be lacking, and may employ regional
regression equations in making bankfull determinations if needed. VHB understands that
bathymetry will be provided by others. This field work will allow VHB to address the
requirements for stream crossings as outlined in NH Administrative Rule Env-Wt 900 during
permitting of the proposed bridge if required.
Task 4. Rare Species Coordination
VHB will identify state-listed rare species using the NH Natural Heritage Bureau's Online Data
Check Tool and the USFWS !PaC. Our team will consult with the NH Natural Heritage Bureau and
the NH Fish & Game Department Non-Game Program to address recommended avoidance
measures if any rare species are identified. Generally, these avoidance measures can be
negotiated without extensive field surveys. However, if additional field surveys or mitigation
plans are required, VHB's biologists would be available to conduct field surveys as needed.
Task 5. NHDES Wetlands Permit Application
Because wetland impacts appear to be unavoidable, the project team would develop up to two
wetlands permit applications according to RSA 482-A. Elements of the permit applications will
include:
° Wetlands Permit Application Form
° Project Narrative, including brief Alternatives Analysis
. Attachment to the Wetlands Permit Application addressing review criteria
° USGS Site Location Map
° Evidence of Natural Resource Agency Review
° Representative Site Photographs
° Tax Map, Abutters List, and Abutters Notifications
. Existing Conditions Plan
° Project Permitting Plan Set (i.e. complete 60% design plans set, including grading
plans, cross-sections and details)
° Wetlands Impact Plans
e Mitigation Proposal
e Supplementary Information required for Prime Wetlands applications in Env-Wt
704.03
We assume that each application will be classified as a major impact under Env-Wt 407 and that
a public hearing will be required pursuant to Env-Wt 704.04. An initial client draft of the permit
application will be submitted to the Client for review and comment prior to finalization and
submittal to NHDES. Because the permit application fee cannot be calculated at this time, our
proposed fee does not include this cost.
VHB assumes that the City will be responsible for determining ownership of the bed of the river
and for coordinating with affected property owners to obtain easements, written permission, or
signatures on the application form as appropriate.
Task 6. US Army Corps of Engineers, Clean Water Act, Section 404 Permitting
Based on our experience with similar projects in NH, VHB expects that the Corps will authorize
the project via the Statewide Programmatic General Permit {i.e., the project will not require an
individual permit). We will prepare wetland project plans in the standard US Army Corps of
Engineers format (no larger than 11 X 17 in with bar scale) for the Corps’ records and will
complete the Corps’ "Appendix B” document relative to indirect and cumulative impacts for
submittal to the Corps.
Task 7. Alteration of Terrain Coordination
At this time, it appears that the area of significant ground disturbance associated with the
project will exceed the 50,000 square foot Alteration of Terrain (AoT) permit trigger for projects
located within Protected Shoreland.
Assuming the permit is required, VHB will develop sediment and erosion control plans which will
be submitted with the AoT permit application. [Note: VHB assumes the Stormwater Pollution
Prevention Plan (SWPPP) and Construction General Permit (CGP) Notice of Intent will be
prepared and submitted by the selected contractor(s).] The plans will rely on site-specific
information. Under this task, VHB will:
e Prepare temporary and permanent stormwater management and erosion control plans in
accordance with NHDES and United States Environmental Protection Agency (USEPA)
regulations,
e Address state and federal erosion and sedimentation control permitting requirements in
the project design,
e Prepare a drainage report that summarizes any changes in existing flows or drainage
patterns,
e Prepare a draft application for permit under the AoT program,
¢ Sign and stamp final civil design documents by a Professional Engineer (PE) licensed by
the State of New Hampshire, and
e¢ Complete a wildlife habitat assessment by a certified wildlife biologist pursuant to Env-
Wq 1503.19(h).
Based on the urban nature of the project, VHB assumes that NHDES will waive the requirement
for Site Specific Soiis Mapping (SSSM). VHB will coordinate with the City and NHDES regarding
an informal consultation on the draft permit application and plans and to confirm our
assumption regarding the applicability of receiving a waiver from the SSSM requirement.
Pursuant to comments from the City, VHB will revise plans and application materials and would
submit the permit application to NHDES.
Task 8. NHDHR Request for Project Review
Because the project will require coverage under a federal Section 404 permit, compliance with
Section 106 of the National Historic Preservation Act (Section 106) will be required. VHB will
therefore prepare up to two Requests for Project Review (RPR} to initiate coordination with the
NH Division of Historical Resources (NHDHR). As part of this task, at NHDHR’s suggestion, VHB
will overlay historic Sanborn maps onto the project area as a form of preliminary archaeological
assessment. This task will include one visit to the project site to complete photography, NHDHR
site file review, completion of a draft and final version of the RPR, and attendance at one
coordination meeting between NHDHR and the client (virtually or in person).
Task 9. Cultural Resources Surveys - Individual Inventory Forms
Although the historic resources surrounding the project area has been heavily documented, two
properties were identified during preliminary consultation with NHDHR that will require NHDHR
Inventory forms be prepared to determine their National Register eligibility and assess potential
project impacts. VHB will prepare NHDHR individual inventory forms per the NHDHR survey
manual for 4 Water Street and 58-60 Main Street, Nashua.
Tasks required to complete the inventory forms includes a site visit to photograph each
property, record site observations, and to identify and photograph properties for contextual
comparison. Research will be conducted at local repositories including the Nashua Historical
Society and Nashua Public Library, as well as state repositories including the New Hampshire
State Library and the New Hampshire Historical Society in Concord.
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NHDHR inventory forms will include full architectural and site descriptions, a history of the
property, and a contextual analysis to assist NHDHR in its review of the property’s role within
the development and/or architecture of the area. The form will also include: a discussion of the
integrity of the property and whether it meets National Register eligibility criteria; images of
historic maps and historic photographs, if located; existing condition photographic
documentation of the property keyed to a photograph location map; and up to three figures
depicting the property layout and relationship to the surrounding area.
This task includes one round of edits from NHDHR (up to 8 hours). VHB will produce one hard
copy on archival paper of each form for submittal to NHDHR.
Task 10. Section 106 Consultation
This task includes coordination and consultation regarding the potential project impacts with
Army Corps of Engineers (ACOE) and/or New Hampshire Division of Historical Resources. This
consultation includes attending meetings and/or the production of a memorandum.
If any of the properties are determined eligible, then VHB will assist in developing the Section
106 Determination of Effects and a Memorandum of Agreement (MOA) if the effect is
determined to be adverse. This task would involve additional consultation with the ACOE,
NHDHR, and the City of Nashua. As needed, VHB would:
e Assist in completing a Determination of Effects table and memorandum;
e Complete the ACHP adverse effects report for submission via e106. An initial draft of the
report will be provided to the City and the Corps for review. One round of review is
anticipated. The final package will be provided to the Corps for electronic submission to
the ACHP, with copies to the City;
e Assist in identifying mitigation measures, if needed;
e Prepare draft and final versions of an MOA that will summarize the Determinations of
Eligibility and Effect, and which will stipulate appropriate measures to mitigate adverse
effects. An initial draft of the MOA will be provided to the City and ACOE for review and
revisions prior to supplying the document to the NHDHR for review. VHB will finalize the
MOA following NHDHR review.
Task 11. Permitting Follow On Services
Following permit application submissions to regulatory agencies, follow-up and coordination
effort is sometimes required to respond to requests for additional information and specific
comments and concerns raised. Work under this task might include:
e Preparation of documents to respond to agency comments;
e Minor plan revisions/additions; or
e Attendance at site inspections by the state or federal agencies.
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Because the scope of this effort is unknown, for budgeting purposes, we assume up to 62 hours
will be required to complete the post-application coordination. If required due to an agency
request not anticipated, reallocation or an adjustment to the original Scope of Services and fee
may be necessary if the follow-up services are more than the initial allocation.
Task 12. Archaeological Survey and Coordination (Optional)
Early coordination with NHDHR suggests that archaeological field surveys are likely not
necessary. However, recognizing that some historical archaeological deposits may be affected,
under this task we propose to carry an allowance of $5,000 for an archaeological subconsultant
if the NHDHR response to the RPR requests any such work.
Task 13. Soil & Groundwater Desktop Study
VHB will conduct a review of the searchable online environmental database (“OneStop”)
maintained by the NHDES, to identify contaminant sources with the potential to significantly
impact the project. The database will be queried to select State- regulated sites located within
1,000 feet of the estimated project limits of disturbance (i.e., study area). For these sites,
pertinent information/data available in the database will be reviewed to identify those sites with
the potential to create contaminated environmental media (soil, groundwater) within the project
limits of disturbance. VHB will prepare a brief technical memorandum to summarize the findings
of this desktop study, including a supporting figure and summary table to identify: the study
area; NHDES sites identified within the study area; and, the sites that, in VHB’s opinion, have the
potential to impact the project. The memorandum will also include recommendations for further
investigation and/or construction management planning, as appropriate. VHB’s opinions of
potential project impact are not certainties as we expect they will be based on observations
made by others from widely spaced exploration and testing.
Follow-up exploration and testing may be recommended based on the OneStop database
review. Given that the necessity and scope of potential testing is unknown at this time, the costs
for additional investigation (e.g., confirmatory pre-construction soil or groundwater sampling
within the project area), should it be recommended, are not included in this proposal. We
understand that any such required environmental sampling may become the responsibility of
the construction manager, although VHB can assist with or conduct those investigations upon
amendment of this scope.
Task 14. Soil & Groundwater Management Planning
Building on the findings from the Soil and Groundwater Desktop Study, and in consideration of
project requirements, VHB will prepare a Soil and Groundwater Management Plan (SGMP) for
use during construction. The purpose of the SGMP will be to provide guidance to the Contractor
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on the approach and constraints for soil and groundwater (e.g., dewatered liquid) management
to reduce potential for exposure of workers and the public to known or assumed contaminated
environmental media and to maintain conditions that are protective of human health and the
environment. In developing the plan, VHB will:
e Collaborate with the designer (and/or construction manager) to identify areas of
impacted environmental media requiring special handling/management during
construction; and
e Identify management strategies for these media, such as excavation/handling/placement
protocols, stockpile management practices, and reuse/disposal options, as applicable.
The Plan will be provided in draft form to the Client and the New Hampshire Department of
Environmental Services (NHDES) for review/comment, VHB’s scope of work provides for one
meeting with the Client and one meeting with the NHDES to review comments and discuss
revisions to the draft SGMP prior to finalization. It should be noted that in preparing the budget
estimate to provide these services, VHB has assumed that the construction manager or
contractor will be responsible for conducting sampling and analysis required for waste profiling
purposes (as may be required for off-site disposal) during construction activities.
COMPENSATION
VHB and its subconsultants will perform this Scope of Services on a time and materials basis.
The estimated Upset Limit for this Scope of Services is $225,365 including labor, overhead,
profit, direct expenses and subconsultants. VHB direct expenses and subconsultants will be
billed at their actual costs without markup. Any permit application fees or impact mitigation fees
are yet to be determined and are assumed to be paid directly by the City and are therefore not
included in this amendment.
VHB $ 211,365.00
Estimated Direct Expenses $ 4,000.00
Allowance for Asbestos Subconsultant (if needed) $ 5,000.00
Allowance for Archaeological Subconsultant (if needed) _$ 5,000.00
TOTAL: $ 225,365.00
The following schedule on the next page was developed by VHB and prescribes in detail the
workflow for the environmental permitting
Please note the following highlighted dates:
e NH DES Wetland Permit on February 9"
e NH DES Permit Application Submittal on April 13"
e A Section 106 Determination of Eligibility by April 13"
e e106 Determination of Effect by May 1*
e NH DES 106 Mitigation/MOA Executed on August 8"
