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Finance Committee - Agenda - 2/21/2018 - P160

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
160
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

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Page Image
Finance Committee - Agenda - 2/21/2018 - P160

Finance Committee - Agenda - 2/21/2018 - P161

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
161
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

BID SUMMARY SHEET
1FB0410-010816

Title: FIREWORKS DISPLAY, INDEPENDENCE DAY CELEBRATION 2016
Public Works Division, Parks and Recreation Department, Nashua, NH

18,000.00
Cost of 2016 Show - 3,500.00 Less Discount

Net cost of the proposed show: $ 14,500.00

Total estimated time of show. _ 35 minutes.

Average lapsed time between shots: _ 2-3 __ seconds.

18,000.00 ;
Cost of 2017 Show - 2,500.00 Less Discount

Net cost of the proposed show: $ 15,500.00
Total estimated time of show. __35 minutes.

Average lapsed time between shots: __2-3 seconds

18,000.00
Cost of 2018 Show - 1,500.00 Less Discount

Net cost of the proposed show: $__ 16,500.00
Total estimated time of show: 35 minutes.

Average lapsed time between shots: __ 2-3 seconds

18,000.00
Optional 2019 Fireworks Display: - 500.00 Less Discount

Net cost of the proposed show: $_17,500.00 (must be less a discounted price to be considered)

Page Image
Finance Committee - Agenda - 2/21/2018 - P161

Finance Committee - Agenda - 2/21/2018 - P162

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
162
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

AMENDMENT No. 1
To

CONTRACT FOR INDEPENDENT CONTRACTOR

BETWEEN
CITY OF NASHUA
AND
ATLAS PYROVISION ENTERTAINMENT GROUP, INC.

FOR
INDEPENDENCE DAY 2017 FIREWORKS DISPALY
DATED APRIL 20, 2017

This AMENDMENT No. 1, dated is attached to and made part of the

CONTRACT between the Ciry oF NASHUA, NEW HAMPSHIRE and ATLAS PYROVISION

ENTERTAINMENT GROUP, INC,, dated April 20, 2017, for Independence Day Fireworks
Display.

The purpose of this Amendment is to include the “Independence Day 2018 Fireworks Display”
The original agreement is hereby amended as follows:
That the dollar amount in Paragraph 4. COMPENSATION, on Page AG 2of 3 be amended

to read:
“Sixteen Thousand Five Hundred Dollars ($16,500)”

All other terms and conditions of the Original Contract executed on April 20, 2017 remain in effect.

IN WITNESS WHEREOPF, the parties hereto have affixed their hand and seals at Hillsborough
County, New Hampshire, the day, month, and year first above written.

OWNER: INDEPENDENT CONTRACTOR:

City of Nashua, NH (signature) Atlas Pyrovision Entertainment (signature)

James Donchess, Mayor

(Printed Name and Title) (Printed Name and Title)
Date Date
Amendment #1

Independence Day Fireworks Page 1 of 1

Page Image
Finance Committee - Agenda - 2/21/2018 - P162

Finance Committee - Agenda - 2/21/2018 - P163

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
163
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

\ THE CITY OF NASHUA ‘The Cate City’

Financial Services

Purchasing Department

February 15, 2018
Memo #18-077

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PURCHASE OF SIX (6) SOLID WASTE COLLECTION VEHICLES (VALUE: $2,001,555)
DEPARTMENT: 168 SOLID WASTE; FUND: BOND
ACTIVITY: CERF

Please see the attached communication from Jeff Lafleur, Solid Waste Department Superintendent dated
February 8, 2018 for the information related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. (3) Purchases which can be procured through
cooperative intergovernmental purchase agreements with other governmental jurisdictions.

The Solid Waste Department Superintendent, Board of Public Works (February 8, 2018 meeting) and the

Purchasing Department recommend the award of this purchase in an amount of $2,001,555 to McNeilus
Truck and Manufacturin Inc. of Morgantown, PA.

Respectfully,, .
/ Dan Kooken
Purchasing Manager

Ce: J Lafleur L Fauteux

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

Page Image
Finance Committee - Agenda - 2/21/2018 - P163

Finance Committee - Agenda - 2/21/2018 - P164

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
164
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

City of Nashua, Public Works Division

To: Board of Public Works Meeting Date: February 8, 2018
From: Jeff Lafleur Solid Waste Superintendent
RE: Approval to purchase Six (6) Solid Waste Collection Vehicles

A. Motion: To approve the purchase of five (5) automated, One (1) semi-automated
solid waste collection vehicles from McNeilus, 941 Hemlock Road, Morgantown, PA
in the amount of $2,001,555 pending bond approval, pursuant to the NJPA Contract
#112014-MCN. Funding wiil be through Department 168 Solid Waste; Fund:
Bond; Activity: CERF.

Attachment: MeNeilus Quote

Discussion: The Solid Waste Department requires nineteen (19) trucks to collect trash,
recycling, soft yard waste and oversized items. Three of the automated trucks and the semi-
automated truck were deferred for purchase this fiscal year. All trucks are on a schedule for
replacement, repairs are becoming costly and down time when the trucks are not operating
for repairs. incur overtime. As part of the replacement schedule, it is time to trade the trucks
in while there is some value left for trade in.

The Solid Waste Department sent out a request for proposals for five (5) automated and One
(1) semi-automated refuse trucks. The specifications were based on past experience and
testing of several different types of truck bodies over the course of several months.
Manufacturers were requested to provide a CNG and Diesel engine alternative. CNG was
chosen as the fuel so as to continue with the City of Nashua’s efforts to be green and the
recent reduction in the price of the CNG has made this option favorable. The manufacturer
that met the City’s refuse body specifications was provided by McNeilus. The chassis will be
a low entry cab manufactured by Mack who has a local dealership in McDevitt Truck in
Manchester, powered by a Cummins ISL G engine.

The bids were reviewed by the Superintendent of Solid Waste, Fleet Manager and both the
Fleet Maintenance and Solid Waste Foremen. The quotes were analyzed to determine the
best value for the City. In addition to meeting the City’s specifications, McNeilus provided
the best warranty. We are also confident in McNeilus’s product, experience, reputation and
the company’s ability to provide timely service, support and parts to the City. The Solid
Waste Superintendent and Fleet Manager recommend the purchase of the trucks from
McNeilus, 941 Hemlock Road, Morgantown, PA.

All approvals are pending approval of Bond.

Page Image
Finance Committee - Agenda - 2/21/2018 - P164

Finance Committee - Agenda - 2/21/2018 - P165

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
165
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

rporation Classification: UnrestrictfitNeilus Truck and Manufacturing Inc.

MicWVetlus.

941 Hemlock Road
Morgantown, PA 19543
6102860400

Modei 3144: Manuai 31 yd Side Loader

Quote Number: 0W5201801182339 Rev: 0

Printed: 1/22/2018

To:
City Of Nashua Unit Price: $ 312,179
229 Main St Federal Excise Tax: $-
P.O. Box 2019 Freight: - $ 4,081
Nashua, NH 03061_USA Total Unit Price: $ 316,260
Attn: John Stewart
Quantity: 1
Delivery Point: Extended Price: $ 316,260
Standard Equipment: Commerical Intertech Pump and Valves Rosenboom Cylinders Street Side Door
D.O.T. Reflective Tape Dual Cleanouts Front and Rear Mudflaps
Tailgate Safety Prop Aeroquip Hoses L.E.D. Lights
Options Included in Price: Quantity Discount

18x18x24 steel toalbox, Curbside

Allison 4500 - 5 year limited warranty

Center Stop Light

Clean-out Tool, One (1)

CNG -MTM Purchased Agility 75DGE, Roof Mount
CNG/LNG Handling Provision

Cummins ISL Extd Coverage: 5 yr/ 250K miles (Prot Plan 1)

Decal: Frequent Stops

Fire Extinguisher in Cab, & tb.

Fire Extinguisher, 20 ib., Curbside

Hopper Work Lights: 2 LED

Methane Deiectar in Cab (MTM)

Mudflaps, Front: Glack w/McNeilus Logo

Partial Door with 12 inch Plastic Extension

Safety Triangle Kit in Cab

Smart Lights, (8), 4" on Tailgate, Body Front, Center Stop Brkt

SSV9 (2017) 9" Color 6 port, 128GB SB Card, 3 Cameras
Tipper Mode}: McNeilus SSP6 (2)

Wheel Chock Holder Curb Side Between Tandems
Wear Overlay on Packer Shoes and Track

Pricing includes all applicable discounts for quantity quoted. Change of quantity ordered
may result in revision of price,
Freight Charges
Freight charge is estimated based upon fuel cost at the time of quotation. The charge is
subject to change at the time of delivery. Shipping arrangements (when applicable) are
made for the convaniance of the customer. Seller assumes no responsibility for the
equipment in transport.
Specifications
All specifications are subject to change without notice. Several factors beyond the
control of the chassis OEM or McNeilus may result in the subslitution af camponents of
aqual or Beater Quality.
Special Options
Special options are subject to Engineering application approval.

axes.
No state or local taxes are included in the prices quoted herein. Any applicable state and
local taxes must be added to these prices and paid directly by the purchaser.
Terms & Conditions
This quotation assumes and is subject to the standard tarms and conditions of London
Machinery, McNeilus Truck and Manufacturing Ca, and Oshkosh Corporation, including
limitations of warranty.
Payment Terms.
Due upon recaipt.

Chassis: 19 Mack Drop Frame LR 64R G Spec Order (CNG)

This quotation Is valid until 02/17/2018. Any order Is contingent upon acceptance by McNeilus Companies, Inc.
By signing and returning this document, you are indicating that you have read and approved the above specification.

NJPA Contract #112014-MCN

Authorized Signature Date

Page Image
Finance Committee - Agenda - 2/21/2018 - P165

Finance Committee - Agenda - 2/21/2018 - P166

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
166
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

rporation Classification: Unrestrictjt¢Neilus Truck and Manufacturing Inc.

fe a Vi ay ae 941 Hemlock Road
IMia-Weias. Morgantown, PA 19643
6102860400
Model 3148: ZR Zero Radius ASL 31 yard
Quote Number: 0W5201801031356 Rev: 0 Printed: 1/19/2018
To:
City Of Nashua Unit Price: $ 332,978
228 Main St Federal Excise Tax: $-
P.O. Box 2019 Freight: $ 4,081
_ Nashua, NH 03061_USA Total Unit Price: $ 337,059
Atin: John Stewart
Quantity: 5
Delivery Point: Extended Price: $ 1,685,295

Options Included in Price:

1/4" AR400 Hopper Floor

Allison 4500 - 5 year limited warranty

Arm Work Light: Fender Mounted, LEO

Center Stop Light

CNG - MTM Purchased Agility 75DGE, Roof Mount
CING/LNG Handling Provision

Cummins ISL Extd Coverage: 5 yr/ 250I¢ miles (Prot Plan 1)
Decal: Frequent Stops

Extra Heavy Duty Floor (1/4)

Fire Extinguisher in Cab, 5 Ib.

Fire Extinguisher, 20 Ib., Body Mounted, Curbside
Guard, Hopper LighyCamera

Hopper Wind Defiector

Hopper Work Lights: 2 LED

Hydraulic Service Lift

Methane Detector in Cab (MTM)

Monitor Mount Center Overhead

Mudflaps, Front: Black wiMcNellus Logo

No High Pressure Hydraulic Filter

Outside Conirols, Curbside Under Seat

Remate Constant Mesh with CV Oriveshaft Streat Side
Remote Mounted Sreather

Safety Triangle Kit in Cab

Shovel Holder on Curb Side Hopper Wall

Quantity Discount
Pricing includes all applicable discounts for quantity quoted. Change of quantity ordered
may result in revision of price.
Freight Charges
Freight charge is estimated based upon fuel cost at the time of quotation. The charge is
ubjéct to change at the time of delivery. Shipping arrangements (when applicable) are
made for the convenience of the customer. Seller assumes no respansibility for the
fpment in transport.
Specifications
| specifications are subject to change withaut notice. Several factors beyond ihe
control ofthe chassis OEM or McNeilus may result in the substitution of components of
equal or greater quality.
Spectal Options
Special options are subject to Engineeting application approval.
axes
No state or focal taxes are included in the prices quoted herein, Any applicable state and
local taxes must be added te these prices and caid directly by the purchaser.
Terms & Conditions
This quotation assumes and Is subject to the standard terms and conditions of London
Machinery, McNeilus Truck and Manufacturing Co. and Oshkosh Corporation, Including
limitations of warrarity.
Payment Terms
Ove upon receipt.

Smart Lights, Four 4" amber fiashing on TG; Two Oval on Bady Front

and TG Top

SSV9 (2017) 9" Color 6 port, 728GB SD Card, 5 Camaras
Toolbox on ICC Bumper, 14Hx24Wx16D, Steel
Transmission / PTO Guard

Wheel Chock Holder Curb Side Between Tandems
XWear Ovariay on Packer Shoes and Track

ZR Zero Radius Arm, 12 ft Reach

Chassis: 19 Mack LR 64R G Spec Order (CNG)

This quotation is valid until 02/02/2018. Any order is contingent upon acceptance by McNellus Companies, Inc.
By signing and returning this document, you are indicating that you have read and approved the above specification.

NJPA Contract #112014-MCN

Authorized Signature Date

Page Image
Finance Committee - Agenda - 2/21/2018 - P166

Finance Committee - Agenda - 2/21/2018 - P167

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
167
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

Vehicle Summary

CUSTOMER/VEHICLE INFO Description (LB) (LB)
VEHICLE MODEL 2019 MODEL YEAR 0 0
YEAR

S$ PRICE BOOK LEVEL 2019B Pricebook 0 0

S$ CHASSIS (BASE LR 64R G DAYCAB 9542 5080
MODEL)
CUSTOMER FLEET DEALER FLEET WITH LESS THAN 25 VEHICLES IN OWN FLEET OF ANY 0 0
SIZE VEHICLE BRAND

Ss TYPE OF SERVICE COMMERCIAL 0 0

Ss INITIAL ALL 50 STATES, NON-CARB ENGINE EMISSION (US17) 0 0
REGISTRATION
LOCATION

S LANGUAGE- ENGLISH 0 0
PUBS/DECAL/SIGNS
VEHICLE CLASS C ON/OFF HIGHWAY 0 0
APPLICATION CLASS

S$ VEHICLE USE & REFUSE AUTOMATIC SIDE LOADER TRUCK 0 0
BODY/TRAILER TYPE

S TERRAIN GRADE | NORMAL HIGHWAY, STARTING GRADES<12% 0 0

S LOADING SURFACE CONCRETE LOADING AND / OR UNLOADING SURFACE 0 0

Ss VEHICLE VOCATION REFUSE / LANDFILL OPERATION 0 0

APPLICATION PACKAGES
Ss PILOT INSPECTION

Description
NO PILOT REQUESTED

Front Rear
Weight Weight
(LB) (LB)

0 0

Front Rear
Weight Weight

ENGINE/TRANSMISSIONS Description (LB) (LB)

Ss ENGINE PACKAGE ISL9-G 320 CUMMINS-NZ 320HP @ 2200 RPM (GOV), 1055 LB-FT, US'17 0 0

Ss TRANSMISSION 4500 RDS 6 SP-ALLISON RUGGED DUTY SERIES GEN 5 732 245
W/PROGNOSTICS

TRANSMISSION ALLISON VOC PKG# 142 RDS REFUSE WITH AUTO-NEUTRAL, PBAN 0 0

ELECTRONICS

Front Rear
Weight Weight

EXHAUST/EMISSIONS Description (LB) (LB)
Ss DPF DIESEL WITHOUT DPF, WITH VERTICAL RH SIDE BOC 3-WAY CATALYTIC 0 0
PARTICULATE CONVERTER (CNG/LNG)
FILTER
Date:01/18/2018

Price Level:12/08/2017 QT ID 3082
CITY OF NASHUA

Quotation:NUSS2018000128D865

Page: 1

Dealer Name:NUSS TRUCK GROUP INC

Page Image
Finance Committee - Agenda - 2/21/2018 - P167

Finance Committee - Agenda - 2/21/2018 - P168

By dnadmin on Mon, 11/07/2022 - 11:48
Document Date
Wed, 02/21/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/21/2018 - 00:00
Page Number
168
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022120…

S EXHAUS |

Ss EXHAUST SYSTEM
MATERIAL FINISH

S EXHAUST
AFTERTREATMENT
SYSTEM

s REGENERAT
CONTROL SWITCH,
DPF

S EMISSION ON BOARD

DIAG CONTROL

CARBON MONOXIDE
DETECTION SYS

SINGLE VERTICAL RIGH! SIDE OUI BOARD MOUNTED SIRAIGH! EXH
STACK PLAIN END, SIDE OUTLET DIFFUSER
W/O VERT EXH-BRIGHT FINISH

EXHAUST AFTER-TREATMENT SYSTEM 3-WAY CATALYTIC CONVERTER
(CNG/LNG)

W/O DPF REGENERATION CONTROL SWITCH

EMISSION OBD, DISPLAY ONLY, USA2018

WITHOUT CARBON MONOXIDE DECTECTION SYSTEM

Front Rear
Weight Weight
ENGINE EQUIPMENT Description (LB) (LB)
Ss AIR CLEANER 15" SINGLE ELEMENT FACTORY OPT 0 0
Ss AIR COMPRESSOR CUMMINS TWIN (30.4 CFM) 0 0
$s ALTERNATOR DELCO 12V 160A (2481) 16 0
BATTERIES (3) MACK 12V 760/2280 CCA THREADED STUD TYPE 9 3
S$ COOLING W/O AUXILIARY COOLING 0 0
PERFORMANCE
iS) COOLANT CHEVRON EXTENDED LIFE COOLANT W/O NITRITES(50/50 MIX DYED 0 0
PROTECTION RED) TO -34DEG ,
RADIATOR BLIND W/O BUG SCREEN/WINTER FRONT -8 3
$ COOLANT FILTER / OMIT COOLANT CONDITIONER FILTER 0 0
CONDITIONER
Ss ENGINE BLOCK ENGINE BLOCK HEATER RECEPTACLE, BASIC LOCATION 0 0
HEATER
RECEPTACLE (CA)
Ss FAN DRIVE HORTON FAN, "ON-OFF" -- replaces 1181010 0 0
S ENGINE BRAKE W/O ENGINE BRAKE -37 -2
Ss FUEL-WATER CUMMINS CNG COALESCING FUEL FILTER, STANCHION MTD ON FRAME 0 0
SEPARATOR
S FUEL EQUIPMENT = GAS SUPPLY REGULATOR HEATER 0 0
WATER HEATER (CA)
S$ BATTERY BOX - SINGLE BOX (3) BATTERY MAX PERP. TO FRAME 11" FROM NTOF 0 0
MOUNTING
Ss BATTERY BOX MOLDED PLASTIC 0 0
COVER
Ss EMERGENCY START W/O EMERGENCY STARTING RECEPT. 0 0
CONNECTIONS
Ss BATTERY FLAMING RIVER BIG SWITCH WIRED TO POSITIVE SIDE 0 0
DISCONNECT
SWITCH
$ FUEL LEAK FUEL LEAK DETECTOR, GAS 0 0
DETECTOR (CA)
iS) HOSES - SILICONE RADIATOR AND HEATER HOSES 0 0
RADIATOR/HEATER
Ss TETHER DEV PKG, PLASTIC COATED CABLE, MOUNTED FRONT OF EACH BATTERY BOX 0 0
CAPS & COVERS LENGTH TO ALLOW COVER TO SET ON GROUND
S) ENGINE BLOCK CUMMINS 120V/1000W 0 0
HEATER
Ss BATTERY SHOCK WITHOUT BATTERY SHOCK PADS 0 0
PADS
SMART IDLE WITHOUT SMART IDLE INCREASE TIME 0 0
ELEVATED IDLE RPM
TIME
Date:0 1/18/2018

Price Level:12/08/2017 QT ID 3082
CITY OF NASHUA

Quotation:NUSS$2018000128D865

Page: 2

Dealer Name:NUSS TRUCK GROUP INC

Page Image
Finance Committee - Agenda - 2/21/2018 - P168

Finance Committee - Agenda - 8/17/2022 - P284

By dnadmin on Sun, 11/06/2022 - 21:46
Document Date
Fri, 08/12/2022 - 13:02
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/17/2022 - 00:00
Page Number
284
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__081720…

maintain and complete work in accordance with the requirements of the contract or determination
of the City of Nashua. Professional Engineer is responsible for requesting clarification or
interpretation and is solely liable for any cost or expense arising from its failure to do so.

TERMINATION OF CONTRACT

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, 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 City of Nashua chooses to terminate, abandon, or suspend all or part of the
project, it shall provide Professional Engineer 10 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, Professional Engineer
shall:

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 portion of work under the contract
that is not terminated.

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

4. Not resume work after the effective date of a notice of suspension until receipt of a

written notice from the City of Nashua to resume performance.

_—

In the event of a termination, abandonment, or suspension at will, Professional Engineer shall
receive all amounts due and not previously paid to Professional 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 in the notice. No amount shall be allowed or paid for anticipated
profit on unperformed services or other unperformed work.

B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on 10
calendar day's written notice to Professional Engineer in the event of a failure by Professional
Engineer to adhere to any or all the terms and conditions of the contract or for failure to
satisfactorily, in the sole opinion of the City of Nashua, to complete or make sufficient progress on
the work in a timely and professional manner. Professional Engineer shall be given an opportunity
for consultation with the City of Nashua prior to the effective date of the termination. Professional
Engineer may terminate the contract on 10 calendar days written notice if, through no fault of
Professional Engineer, the City of Nashua fails to pay Professional Engineer for 45 days after the
date of approval by the City of Nashua of any Application for Payment.

Upon receipt of notice of termination for cause, Professional Engineer shall:

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

2. Provide the City of Nashua with a list of all unperformed services.

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 City of Nashua of all orders or sub contracts to the extent they relate to the

GC 4 of t1

Page Image
Finance Committee - Agenda - 8/17/2022 - P284

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