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CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS
EXHIBIT C

8. TERMINATION OF CONTRACT

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The OWNER, in its sole
discretion, shall have the right to terminate, abandon, or suspend all.or part of the project and contract at
will. If the OWNER chooses to terminate, abandon, or suspend all or part of the project, it shall provide
ENGINEER 7 day’s written notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, ENGINEER shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, “services, or facilities, other than as
may be necessary or required for completion of: such pergon of work under the contract
that is not terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory
to the OWNER of all orders or subcontracts to thé extent they relate to the performance of
work terminated, abandoned, or suspended under the notice, assign to the OWNER any
orders or subcontracts specified i in _ the notice, te revoke agreements specified in the
notice. €

4. Not resume work after the effective date ofa notice of suspension until receipt of a
written notice from the OWNER to resume performance.

In the event of a termination, abandonment, ‘or suspension at will, ENGINEER shall receive all amounts
due and not previously paid to ENGINEER’ for work satisfactorily completed in accordance with the
contract prior to the date of the notice and compensation for work thereafter completed as specified i in the
notice. No amount shall, be allowed or pad for anticipated profit on unperformed services or other
unperformed work.

In order that the ENGINEER shall receive payment under termination notice of any part of the work, all
plans, drawings, tracings, field. notes, estimates, specifications, proposals, sketches, diagrams, and
calculations, together with all other materials and data collected or prepared in connection with the
PROJECT shall be transmitted to the OWNER in a form acceptable to the OWNER and DIVISION.

B. TERMINATION FOR CAUSE. This agreement may be terminated by the OWNER on 7
day’s written notice to ENGINEER in the event of a failure by ENGINEER to adhere to all the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the OWNER, pursue the
project or to complete work in a timely and professional manner. ENGINEER shall be given an
opportunity | for cousultalion with the OWNER prior to the effective date of the termination. Professional

Upon receipt of notice of termination for cause, ENGINEER shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.
2. Provide the OWNER with a list of all unperformed services.

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CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS
EXHIBIT C

3, Place no further orders or sub-contracts for materials, services, or facilities, other than
as may be necessary or required for completion of such portion of work under the
contract that is not terminated.

4. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the OWNER of all orders or sub contracts to the extent they relate to the
performance of work terminated, abandoned, or suspended under the notice, assign to
the OWNER any orders or sub contracts specified in the notice, and revoke agreements
specified in the notice.

5. Not resume work after the effective date of a notice of termination unless and until
receipt of a written notice from the OWNER to resume performance.

In the event of a termination for cause, ENGINEER shall receive all amounts due and not previously paid
to ENGINEER for work satisfactorily completed in accordance with the contract prior to the date of the
notice, less all previous payments. No amount shall be allowed or paid for anticipated profit on
unperformed services or other unperformed work. Any such payment may be adjusted to the extent of
any additional costs occasioned to the OWNER by reasons of ENGINEER's failure. ENGINEER shall not
be relieved of liability to the OWNER for damages sustained from the failure, and the OWNER may
withhold any payment to the ENGINEER until such time as the exact amount of damages due to the
OWNER is determined. All claims for payment by the ENGINEER must be submitted to the OWNER
within 30 days of the effective date of the notice of termination.

If after termination for the failure of ENGINEER to adhere to all the terms and conditions of the contract
or for failure to satisfactorily, in the sole opinion of the OWNER, pursue the project or to complete work
in a timely and professional manner, it is: determined: that ENGINEER had not so failed, the termination
shall be deemed to have been a termination at will. In that event, the OWNER shall make an equitable
adjustment in the compensation paid to ENGINEER. ‘The adjustment shall include a reasonable profit for
services or other work performed up to the effectivé date of termination less all previous payments.

In order that the ENGINEER shall receive payment under termination notice of any part of the work, all
plans, drawings, tracings, field notes, estimates, specifications, proposals, sketches, diagrams, and
calculations, together with all other materials and data collected or prepared in connection with the
PROJECT shall be transmitted to the OWNER in a form acceptable to the OWNER and DIVISION.

C. GENERAL PROVISIONS FOR TERMINATION. Upon termination of the contract, the
OWNER may take over the work and prosecute it to completion by agreement with another party or
otherwise. In the event ENGINEER shall cease conducting business, the OWNER shall have the right to
solicit applications for employment from any employee of the ENGINEER assigned to the performance
of the contract.

Neither party shall be considered in default of the performance of its obligations hereunder to the extent
that performance of such obligations is prevented or delayed by any cause, existing or future, which is
beyond the reasonable control of such party. Delays arising from the actions or inactions of one or more
of ENGINEER's principals, officers, employees, agents, subcontractors, consultants, vendors, or suppliers
are expressly recognized to be within ENGINEER's control.

9. DISPUTE RESOLUTION. Any dispute not within the scope of section 7 or section 8 shall be
resolved under this paragraph. Either party shall provide to the other party, in writing and with full
documentation to verify and substantiate its decision, its stated position concerning the dispute. No
dispute shall be considered submitted and no dispute shall be valid under this provision unless and until
the submitting party has delivered the written statement of its position and full documentation to the other

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CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS
EXHIBIT C

party. The parties shall then attempt to resolve the dispute through good faith efforts and negotiation
between the OWNER Representative and an ENGINEER representative. At all times, ENGINEER shall
carry on the work under this contract and maintain and complete work in accordance with the
requirements of the contract or determination or direction of the OWNER. If the dispute is not resolved
within 30 days, either party may request that the dispute be submitted to the Board of Public Works for
final resolution. The decision of the Board of Public Works shall be final and binding on the parties. If
either party is dissatisfied with the decision of the Board of Public Works, that party may immediately
terminate the contract under this paragraph, with ENGINEER being entitled to compensation for work
actually and satisfactorily performed up to the time of the termination and the OWNER being entitled to
all contract materials in accordance with paragraph 21, and compensation for any additional damages or
experises incurred in completing the work under the contract, including, without limitation, the costs of
securing the services of other ENGINEER’s.

10. NO DAMAGES FOR DELAY. Apart from a written extension of time, no payment, compensation,
or adjustment of any kind shall be made to ENGINEER for damages because of hindrances or delays in
the progress of the work from any cause, and ENGINEER agfees to accept in full satisfaction of such
hindrances and delays any extension of time that the OWNER may provide.

11. INSURANCE. ENGINEER shail carry and maititain 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 d, fon- -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.

ENGINEER 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
ENGINEER are intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by ENGINEER under this contract. The OWNER of Nashua shall not maintain any insurance
on behalf of ENGINEER. Subcontractors are subject to the same insurance requirements as ENGINEER
and it shall be the ENGINEER’s responsibility to ensure compliance of this requirement.

ENGINEER will provide the OWNER 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
OWNER issues the notice of award. The OWNER 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 additional
insured and reflect on the certificate of insurance. ENGINEER 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
isurance.

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CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS
EXHIBIT C

= If aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage,
ENGINEER must maintain umbrella liability insurance of at least $1,000,000. All aggregates
must be fully disclosed on the required certificate of insurance.

= The specified insurance requirements do not relieve ENGINEER of its responsibilities or limit the
amount of its liability to the OWNER or other persons, and ENGINEER 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 OWNER of
Nashua shall be called upon to contribute to a loss.

= ENGINEER is responsible for and required to remedy all damage or loss to any property,
including property of the OWNER, caused in whole or part by ENGINEER or anyone employed,
directed, or supervised by ENGINEER.

12. INDEMNIFICATION Regardless of:any coverage provided by any insurance, ENGINEER agrees to
indemnify and shall defend and hold harmless the OWNER, 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, attorney’s fees,
costs and expenses of any kind or nature in any manner caused, 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 ENGINEER or of anyone acting under its direction or control or on its behalf in connection with or
incidental to the performance of this contract. ENGINEER’s indemnity, defense 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. ©

The indemnification provision is modified by the nani hereby only insofar as (1) the ENGINEER shall
have no upfront duty to defend the OWNER; however, the ENGINEER shall reimburse defense costs of
the OWNER to the same extent of the ENGINEER’s indemnity obligation under the Agreement; and (2)
the ENGINEER’s indemnity and hold: ‘harmless Obligation is only to the proportionate extent of
ENGINEER’s negligence and shall not apply to liability caused by the negligence of the OWNER.

13. FISCAL CONTINGENCY. All payments under this contract are contingent upon the availability to
the OWNER of the necessary funds. This contract shall terminate and the OWNER's obligations under it
shall be extinguished at the end of any fiscal year in which the OWNER 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 ENGINEER with a right of payment over any other
entity. Any funds obligated by the OWNER under this contract that are not paid to ENGINEER shall
automatically revert to the OWNER’s discretionary control upon the completion, termination, or
cancellation of the agreement. The OWNER shall not have any obligation to re-award or to provide, in
any manner, the unexpended funds to ENGINEER. ENGINEER shall have no claim of any sort to the
unexpended funds.

14, COMPENSATION. Review by the OWNER of ENGINEER's submitted monthly invoice forms
and progress reports for payment will be promptly accomplished by the OWNER. If there is insufficient
information, the OWNER may require ENGINEER to submit additional information. Unless the
OWNER, in its sole discretion, decides otherwise, the OWNER shall pay ENGINEER in full within 30
days of approval of the submitted monthly invoice forms and progress reports.

15. COMPLIANCE WITH APPLICABLE LAWS. ENGINEER, 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

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CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS
EXHIBIT C

federal, state, and local accounting procedures and requirements, all immigration and naturalization laws,
and the Americans With Disabilities Act. ENGINEER shall, 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 OWNER 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.

16. NONDISCRIMINATION. If applicable or required under any federal or state law, statute,
regulation, order, or other requirement, ENGINEER agrees to the following terms. ENGINEER 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. ENGINEER
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, termination, rates of pays or other forms of compensation and
selection for training, including apprenticeship.

Without limitation of the foregoing, ENGINEER's attention is directed to “Title 41”’Public Contracts and
Property Management” C.F.R. Subtitle B “Other Provisions Relating to Public Contracts” Section 60
“Office of Federal Contract Compliance Programs, Equal Bmployment, Department of Labor” which, by
this reference, is incorporated in this contract.

ENGINEER 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, iy gal t¥eation, quality of work, and obligation of ENGINEER under
this contract. & é

In connection with the performance of: Bork andes this contract, ENGINEER 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 compensatign, and selection for training, including apprenticeship.

ENGINEER agrees, if applicable, to insert these provisions in all subcontracts, except for subcontracts for
standard commercial supplies or raw materials. Any violation of any applicable provision by
ENGINEER shall constitute a material breach of the contract.

17. ENDORSEMENT. ENGINEER shail seal and/or stamp and sign professional documents including
drawings, plans, maps, reports, specifications, and other instruments of service prepared by ENGINEER
or under its direction as required under the laws of the State of New Hampshire.

18. ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING. ENGINEER shall not assign,
transfer, delegate, or subcontract any rights, obligations, or duties under this contract without the prior
written consent of the OWNER. Any such assignment, transfer, delegation, or subcontracting without the
prior written consent of the OWNER is void. Any consent of the OWNER 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

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CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS
EXHIBIT C

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.

19. OWNER INSPECTION OF CONTRACT MATERIALS. The books, records, documents and
accounting procedures and practices of ENGINEER related to this contract shall be subject to inspection,
examination and audit by the OWNER, 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.

20. 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 ENGINEER in the
performance of its obligations under this contract shall be the exclusive property of the OWNER and all
such materials shall be remitted and delivered, at ENGINEER's expense, by ENGINEER to the OWNER
upon completion, termination, or cancellation of this contract. Alternatively, if the OWNER provides its
written approval to ENGINEER, 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 ENGINEER i in the performance of its obligations
under this contract must be retained by ENGINEER for a minimum of four years after final payment is
made and all other pending matters are closed. If, at any time’during the retention period, the OWNER,
in writing, requests any or all of the materials, then ENGINEER shall promptly remit and deliver the
materials, at ENGINEER's expense, to the OWNER. ENGINEER shall not use, willingly allow or cause
to have such materials used for any purpose other than the performance of ENGINEER's obligations
under this contract without the prior written. consent of the OWNER.

21, PUBLIC RECORDS Law, Copyricers, AND. PATENTS. ENGINEER expressly agrees that all
documents ever submitted, filed, or deposited with the OWNER by ENGINEER (including those remitted
to the OWNER by ENGINEER pursuant to paragraph 21), unless designated as confidential by a specific
statue of the State of New Hampshire, shall be treated 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 ENGINEER 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 ENGINEER. The OWNER
shall have the right to reproduce any such materials.

ENGINEER 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 OWNER or any of its officers or employees, in either their official or individual capacity, for
violations of or infringement of the copyright or patent laws of the United States or of any other nation.
ENGINEER agrees to indemnify, to defend, and to hold harmless the OWNER, 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 ENGINEER infringes any copyright or that any equipment, material, or process (or any part
thereof) specified by ENGINEER infringes any patent.

ENGINEER 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,

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CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS
EXHIBIT C

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 ali the requirements and be subject to ail the terms
and conditions of this contract.

22. FINAL ACCEPTANCE. Upon completion of all work under the contract, ENGINEER shall notify
the OWNER in writing of the date of the completion of the work and request confirmation of the
completion from the OWNER. Upon receipt of the notice, the OWNER shall confirm to ENGINEER in
writing that the whole of the work was completed on the date indicated in the notice or provide
ENGINEER with a written list of work not completed. With respect to work listed by the OWNER as
incomplete, ENGINEER shall promptly complete the work and the final acceptance procedure shall be
repeated. The date of final acceptance of a project by the OWNER shall be the date upon which the Board
of Public Works or other designated official accepts and approves the notice of completion.

23. TAXES. ENGINEER 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. ENGINEER
hereby indemnifies and holds harmless the OWNER from any Japbality on account of any and all such
taxes, levies, duties, assessments, and deductions.

24. NON- WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this contract
shall be considered waived by the OWNER. 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 OWNER in a written waiver. .

25, 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 upgposeg or available by law.

26. PROHIBITED INTERESTS. ENGINEER shall not allow any officer or employee of the OWNER
to have any indirect or direct interest in this contract or the proceeds of this contract. ENGINEER
warrants that no officer or employee of the OWNER has any direct or indirect interest, whether
contractual, noncontractual, financial or otherwise, in this contract or in the business of ENGINEER. If
any such interest comes to the attention of ENGINEER at any time, a full and complete disclosure of the
interest shall be immediately made in writing to the OWNER. ENGINEER 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.
ENGINEER further warrants that no person having such an interest shall be employed in the performance
of this contract. If OWNER determines that a conflict exists and was not disclosed to the OWNER, it
may terminate the contract at will or for cause in accordance with paragraph 8.

In the event ENGINEER (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, OWNER may terminate the
contract at will or for cause in accordance with paragraph 8. Upon termination, ENGINEER shall refund
to the OWNER any profits realized under this contract, and ENGINEER shall be liable to the OWNER.
for any costs incurred by the OWNER in completing the work described in this contract. At the
discretion of the OWNER, these sanctions shall also be applicable to any such conviction obtained after
the expiration or completion of the contract.

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PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS
EXHIBIT C

ENGINEER warrants that no gratuities (including, but not limited to, entertainment or gifts) were offered
or given by ENGINEER to any officer or employee of the OWNER 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 OWNER 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 OWNER under this contract or at law.

27. THIRD PARTY INTERESTS AND LIABILITIES. The OWNER and ENGINEER, 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 OWNER and ENGINEER.

28. 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.

29, 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 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 unenforgeable provisions for sole purpose of rectifying the invalidity or
unenforceability.

30. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT. This contract constitutes the entire
contract between the OWNER. and ENGINEER. 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.

31. CHOICE OF LAW AND VENUE. This contract shall be governed exclusively by the laws of the
State of New Hampshire and any litigation shall be brought in a court located in the State of New
Hampshire.

GC 11 of 11

REPORT OF THE FINANCE COMMITTEE
FEBRUARY 15, 2017

A meeting of the Finance Committee was held on Wednesday, February 15, 2017, at 7:00 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien
Alderman June M. Caron
Alderman Ken Siegel

Members not in Attendance: Alderman-at-Large Mark S. Cookson, Vice Chair
Alderman Benjamin M. Clemons

Also in Attendance: Dan Kooken, Purchasing Manager
Brian Rhodes, Asst. Fire Chief
Madeleine Mineau, Waterways Manager

PUBLIC COMMENT
COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: | Contract Award for Nashua Downtown Waterfront Conceptual Plan (Value $49,000)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
HALVORSON DESIGN PARTNERSHIP IN THE AMOUNT OF $49,000. FUNDS ARE AVAILABLE IN
DEPARTMENT 181, COMMUNITY DEVELOPMENT; ESCROWS

ON THE QUESTION

Mayor Donchess

In last year’s budget, we budgeted $50,000 for a master plan. This is the first stage of that. Madeleine and a
group of city employees put out a RFP and received proposals.

Ms. Mineau

The goal of this project is to produce a high level plan for the downtown waterfront that would reflect the
community's vision for the next 10-20 years. The plan would recommend specific improvements, amenities,
green space to really best utilize our downtown riverfront. The product would include prioritizing projects and
associated cost estimates as well as a synthesis of what was learned as part of the public engagement piece
of this project. We felt we needed some assistance from a consultant to do this plan, especially as far as
producing high level graphics and advising us on the public engagement and producing the plan, itself. We put
out a RFP and got fantastic responses. We got 15 proposals, five of which were incomplete so we considered
the ten that | summarized in the memo. Halvorson we were really impressed with the previous projects they
completed that were very similar to what we’re looking for our downtown waterfront plan. We were impressed
with their graphics, how they synthesized some information and how they presented that. They also seem to
have a very well put together team with diverse experience that we found really impressive. Four of us

Finance Committee Page 2
February 15, 2017

reviewed all of the proposals: Sarah Marchant, myself, Tim Cummings and James Vayo. We unanimously
thought that Halvorson had the best proposal.

Alderman O’Brien

Some of this is from my old neighborhood. | grew up in Cambridge. | remember the Charles Railroad
Riverside press used to dump into it, very similar to the old days of the Nashua River where downstream there
was pollution. It’s such a valuable resource. Looking at what this company has done, it’s a great asset for our
future. The potential is there for some great stuff.

Ms. Mineau

Absolutely. They were very involved in the Charles River Esplanade 2020 plan. That was one of the products
we found very impressive.

MOTION CARRIED

MOTION BY ALDERMAN SIEGEL THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR
THE INTRODUCTION OF A COMMUNICATION RECEIVED AFTER THE AGENDA WAS PREPARED
MOTION CARRIED

From: Brian D. Rhodes, Assistant Fire Chief
Re: Knox Box Request Clarification

MOTION BY ALDERMAN SIEGEL TO ACCEPT AND PLACE ON FILE
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of Knox Lock Security System (Value: $13,300)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
FROM KNOX COMPANY IN THE AMOUNT OF $13,300. SOURCE OF FUNDING IS DEPARTMENT 152,
FIRE EMERGENCY SERVICES; GENERAL FUND

ON THE QUESTION
Alderman O’Brien

As you know | am familiar with the Knox Box, but | think a lot of people at home is asking: what is the Knox
Box. Can you briefly give a description of what its intentions to do and how it is a very high security matter?

Assistant Fire Chief Rhodes

Approximately 20 years ago, the City of Nashua and the Fire Department at that time decided we needed to
upgrade the way we handled keys to commercial properties in the community. The city was really growing and
having a large key ring in a truck and sometimes multiple key rings really wasn’t the most efficient way to keep
these keys. The Knox Company is out of Arizona. It puts a mini safe on the exterior of the building. One of
the key components to their system is no other community has the same locks that we have. We have a
Nashua key. Every person who comes through the city who wants to get one for their building, they pay for
themselves. We highly encourage it through the Fire Marshal’s Office. Once the code is there that it’s going to
Nashua, the lock in the device itself is keyed to Nashua. Hudson Fire Department can’t come to Nashua and
open it. Manchester, Hollis, anybody else. This system that we are requesting goes in the vehicles and is a
way of securing the master key that we have. It creates better accountability. We'll be able to track to see
who took the key out, who put the key back. Hopefully who didn’t. There is also a blue strobe light on the top