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22.

23,

24,

25.

26.

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, Professional Consultant
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 Professional Consultant in writing that the whole of the work was
completed on the date indicated in the notice or provide Professional Consultant with a written list
of work not completed. With respect to work listed by the City of Nashua as incomplete,
Professional Consultant 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 Division of Administrative Services, mayor or other designated official accepts and
approves the notice of completion.

TAXES Professional Consultant 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. Professional Consultant hereby indemnifies and holds harmless the City of Nashua
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 shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Professional Consultant 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.
Professional Consultant 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 Professional Consultant. If any such interest comes to the attention of Professional
Consultant at any time, a full and complete disclosure of the interest shall be immediately made in
writing to the City of Nashua. Professional Consultant 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. Professional
Consultant further warrants that no person having such an interest shall be employed in the
performance of this contract. H 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 &.

In the event Professional Consultant (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,
Professional Consultant shall refund to the City of Nashua any profits realized under this contract,
and. Professional Consultant 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.

GC 10 of 11

27,

28.

29,

30.

31,

Professional Consultant warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Professional Consultant 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 Professional Consultant,
including any of their respective agents or employees, shall 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 Professional Consultant.

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.

SEVERABILITY 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 vioiation 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 entire
contract between the City of Nashua and Professional Consultant. 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, amendments, 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 11 of 11

EXHIBIT B to
AGREEMENT
BETWEEN
THE OWNER
AND CONSULTANT

MUNICIPAL APPRAISAL WORK — ASSESSING SUPERVISOR

SCOPE OF SERVICES, CONTRACT TIME, FEE SCHEDULE PROFESSIONAL
CONSULTANTING SERVICES

This is an exhibit attached to and made part of the Agreement dated July 15, 2026 between
Rex A. Norman CAE (CONSULTANT) and the City of Nashua, New Hampshire (OWNER).

This exhibit describes the Scope of Services, Contract Time, and Fee Schedule for the project
known as the MUNICIPAL APPRAISAL WORK — ASSESSING SUPERVISOR

1.0 The Basic Services of a CONSULTANT as described in Article 2 of said agreement as
amended and supplemented as follows:

Scope of Work
This project involves consulting with the Administrative Services Division, Assessing Office

and City Counsel and providing technical assistance as needed.

Tasks may include, but are not limited to:

Rev 602.02 Scope of Municipal Appraisal Work Contract.
Scope of Work - "Supervise" To observe and direct the execution of required tasks -
Under Rev 602.02(a) (6)

* Provide oral and written technical assistance, advice and guidance in the areas of assessing,
appraising or equalization to municipal officials, city counsel or independent municipal appraisers.
Recommends improvement in these areas as needed.

* Monitor municipal appraisal activities in the revaluation to ensure accurate and consistent appraisal
techniques are being practiced. Meets with city officials to discuss deficiencies in appraisal
procedures as needed. Offers constructive and reasonable alternatives to correct such deficiencies.

*Provides accurate and concise reports on municipal appraisal procedures. Advises management of
questionable appraisal techniques.

I. Supervise Staff's assessment activity. The review should determine:
a. Compliance with Assessing Standards Board Administrative Rules Asb 300;
b Compliance with Department of Revenue Administration (DRA) Administrative Rules
ev 600;an

c. Compliance with any applicable State Statures.

2. Supervise Staff's abatement review analysis & documentation to determine:
a. Compliance with Assessing Standards Board Administrative Rules Asb 300;
b. Compliance with the Department of Revenue Administration (DRA} Administrative
Rules Rev 600;and

c. Compliance with any applicable State Statures.

3. Provide technical advice to Assessing Staff
a. Data collection (Rev 601.17)
b. Assessment (Rev 601.07)
c. In-house work plan (Rev 601.29)
d. Abatement review (Rev 601.01)

4. Duties performed - as may be necessary:
a. Site visits
b. Provide written opinion on USPAP compliance of appraisal work submitted
c. Defense of values, testimony at BTLA and/or Superior Court hearings
d. Discussion with residents/taxpayers, state or municipal officials on assessments and
appraisals or procedures.

2.0 Contract Fixed Fee Schedule

The period of service for the professional services described above shall commence upon
execution of this Contract.

The city can terminate this contract at any time in its sole discretion, and is obligated to
pay the contractor for his services up to that date
The contractor will be paid a fixed fee of $2400.00 per week.

3.0 Fee Schedule, Compensation and Invoicing

Services shall be billed monthly.
Invoices shall be submitted by Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable

229 Main Street

Nashua, NH 03060

Or Electronically via email to VendorAPInvoices(@NashuaNH.gov and must contain
the Purchase Order Number.

NH DEPARTMENT OF REVENUE ADMINISTRATION
MUNICIPAL AND PROPERTY DIVISION
Approved DRA-Certified Personnel

FirstName | LastName CertificationLevel “Certification | Time | Extension |
| Expiration Date - Extension | End Date
ser ee ee | Requested |
‘Lee Ann Moynihan ___—_DRACertified Property Assessor 7 December 31, 2024 Seo een R are
John | Mudge |Measure and Lister Trainee | Date Not Applicable es _ a
lisa Mudge DRA-Certified Property Assessor December 31,2024 a
[christina |Murdough DRA-Certified Property Assessor Supervisor ___|December 31,2021 _ ee |

‘Dawn Calley

[Monique
‘Martha

“Murdough
Newcomb
Noel

_|DRA- Certified Property Assessor Assistant

__DRA-Certified Property Assessor Supervisor ae ey
[DRA- eee ome Assessor ute —

|DRA- -Certified Building Measurer and Lister

a 'DRA-Certified ‘Building Measurerand Lister

December 31, 2020

O'Clair

__DRA-Certified Building Measurer and Lister

|December ; 31,2022, -
December 31,2020,

EABecembenst 2000.6 h. i
___ December 31,2024

December 31,2021
_ |December 31, 2 2021 =a

Brenda

Miehes!

Richard Olson.
sean Gop ce eiere

Normand

|Pabon

Packard
|Pelletier

Pelletier

DRA-Certified Building Measurer and Lister

‘December 31, 2024

| DRA-Certified Property Assessor Assistant
___DRA-Certified Property Assessor Assistant

December 31, 2023

December 31,2023 0

RA-Certified Property Assessor Supervisor _

__DRA-Certified Property Assessor Supervisor

_\December31,202000
December 31,2022.)

Michael ‘lo! Leary |DRA-Certified Property Assessor Assistant / |December 31,2020 - |
Joshua Oleary ~——__DRA-Certified Building Measurerand Lister ‘December 31, 2021 aise
Christopher | | Olmsted |DRA-Certified Property Assessor Assistant |December 31, 2022 ———y— | |

‘Cindy L. | |Perkins a ‘DRA- Certified Property Assessor Supervisor ____ December 31,2023 -

june Perry, DRA-Certified Property Assessor Supervisor __—_—- December 31,2021 |
Michael | Pietraskiewicz |DRA-Certified Property Assessor _ | December 31,20220 0
‘Nancy G. " Pinette ___DRA-Certified Building Measurer and Lister December 31,2023. : 3
| Mary E. Pinkham-Langer _ | DRA-Certified Property Assessor Supervisor |December 31, 2024 a a) |
(MarkF. __—-Pomykacz_——__DRA-Certified Property Assessor Assistant = December 34202200
Lee Ann _ |Provencher DRA-Certified Property Assessor Supervisor | cember 31, 2020 — [oe
Gerard]. Quintal _ DRA-Certified PREODEETY ASSESS OL, eg onaecr ny *cember 31, 2020 is 5 |
Charles |Reese DRA-Certified Property Assessor Supervisor a -|December 31,2021 et _|
YamesW ‘Rice _______DRA-Certified Property Assessor Supervisor _ December 31, 2022 oe Loge rive |
Jonathan a Rice |DRA-Certified Property Assessor Supervisor ‘December 31,2021 { ———;____ |
‘Gary J. ‘Roberge _DRA-Certified Property Assessor Supervisor ‘December 31, BOA Seon Gera taee ead
Evan | Roberge |DRA-Certified Property Assessor Supervisor | December 31, 2022 fe | |
Chad sRoberge DRA Certified Property Assessor Supervisor December 34,2023
IGalen c. _ — |Robinson ___|DRA-Certified Building Measurer and Lister _|December 31, 2022. | ot
‘Kevin __ Rodgers _DRA-Certified Building Measurer and Lister ‘December 31, 2020 lal ish Aone ews erty
Kenneth J. | Rodgers |DRA-Certified Property Assessor Supervisor _ | December 31,2022 |
Douglas Rollins = DRA-Certified Property Assessor Assistant == December 31,2020
| Michael Rotast _ DRA-Certified Property Assessor Supervisor |December 31,2023 i. ee
Christopher Ruel_ ‘DRA-Certified Property Assessor Supervisor _ December 31,2024 |
Alison R. /Rush ___| DRA-Certified Building Measurer and Lister ___|December 31, 2023 _ fo
Joseph Russell ———_DRACertfied Building Measurer and Lister. December 31,2024 z Sent
‘George _ ___|Sansoucy DRA- Certified Property Assessor Supervisor _ [December 31,2021 ee ee -
Austins. _ Sansoucy BS DRA-Certified Building Measurer and Listers December 31,2021,

Thomas A. ‘Sargent |DRA-Certified Property Assessor Supervisor | December 31,2020) |
Daniel J. i ‘Scalzo Series 'DRA-Certified Property Assessor Assistant __ December 31, OI sale pe ened |
‘Sandra A. ; _DRA-Certi -Certified ed Property Assessor s i sor

‘Dale We ‘Schofield | Ane _ DRA-Certified Property Assessor rSupervisor él nber Wh

/Sue __ Serine __ DRA-Certified Property Assessor Assistant ecember 31, 2024 ee = 7

_DRA-Certified Building Measurer and Lister

__DRA-Certified Property Assessor Supervisor

__|December 31, 2022

(December 37,2024) fe

Revised 6/17/2020

REX A. NORMAN, CAE

PROFESSIONAL EXPERIENCE

COMMUNITY DEVELOPMENT DIRECTOR: Town of Windham, New Hampshire
November 2016 to the present
Responsible for policy development, program planning, budget management,
administration, and operational direction of the Community Development Department,
with an emphasis on economic development consistent with the Master Plan. Provides
leadership in the formulation, implementation, execution and management of community
and economic development strategies and policies. Markets the Town of Windham and
provides guidance to individuals and companies to establish, relocate, or expand their
businesses within the community. Creates/oversees activities, programs, strategies or
policies aimed at retaining existing Windham businesses. Responsible for accomplishing
department objectives and goals within guidelines established by the Board of
Selectmen and Town Administrator.

VALUATION & MEDIATION CONSULTANT: Rex Norman, CAE
January 2015 to the present
Municipal projects include budget & operational analysis; Mass appraisal modeling &
forensic review; USPAP report documentation & abatement mediation. Private sector
projects include appraisals & revenue impact studies for development.

TOWN ASSESSOR: Town of Windham, New Hampshire
February 1999 to December, 2014
Responsible for assessing department administration, including property appraisal, yield
tax, tax exemptions/credits, abatements, MS-1, and assessment performance analysis.
Certified by New Hampshire DRA to exercise general supervision of revaluation projects;
conduct sales surveys and establish base values for land and buildings. Qualified as
Expert Witness in Rockingham Superior Court & the NH Board of Tax and Land
Appeals.

ASSESSOR II: City of Nashua, New Hampshire
July 1995 to February 1999
Responsible for the appraisal of income-producing properties, including Current Use
properties and the review of residential assessments. Participated in assessment
performance analysis and conducted abatement hearings. Qualified as Expert Witness
in Hillsborough County Superior Court and at the BTLA.

APPRAISER: Remis Associates, Inc., Marblehead, Massachusetts
March 1986 to July 1995
Appraisal Manager; Appraised commercial, industrial, mixed-use and special purpose
property. Assignments included the evaluation of vacant land, residential, and
condominium property. Experienced in feasibility studies, land development,
contamination and conservation issues. Supervised appraisal staff and managed
satellite offices in South Weymouth and Nantucket, Massachusetts. Qualified as Expert
Witness in Essex, Suffolk, and Nantucket County Courtrooms.

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.

AG 1 of 3