Agenda

=) THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

June 30, 2016
Memo #1 7-012

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: FY17 BIO-DIESEL FUEL CONTRACT FOR NASHUA TRANSIT (VALUE $1.8457 PER
GALLON)
DEPARTMENT: 186 NASHUA TRANSIT; FUND: GRANT FUNDS
ACCOUNT CLASSIFICATION: 61 FUEL

Please see attached communication from Sarah Marchant, Community Development Division
Director, dated June 4, 2016 for information related to this contract award.

Professional Engineer warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Professional Engineer to any officer or employee of the City 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 determines that such gratuities were or offered or given, it may terminate the contract at will
or for cause in accordance with paragraph 8.

23. FINAL ACCEPTANCE. Upon completion of all work under the contract, Professional
Engineer shall notify the City in writing of the date of the completion of the work and request
confirmation of the completion from the City. Upon receipt of the notice, the City shall confirm
to Professional Engineer in writing that the whole of the work was completed on the date
indicated in the notice or provide Professional Engineer with a written list of work not
completed. With respect to work listed by the City as incomplete, Professional Engineer shall

those contained in media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied
to Professional Engineer in the performance of its obligations under this contract shall be the
exclusive property of the City and all such materials shall be remitted and delivered, at
Professional Engineer's expense, by Professional Engineer to the City upon completion,
termination, or cancellation of this contract. Alternatively, if the City provides its written

In connection with the performance of work under this contract, Professional 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 compensation, and selection for training,
including apprenticeship.

‘Nothing in this contract shall be construed to provide Professional Engineer with a right of
payment over any other entity. Any funds obligated by the City under this contract that are not
paid to Professional Engineer shall automatically revert to the City’s discretionary control upon
the completion, termination, or cancellation of the agreement. The City shall not have any
obligation to re-award or to provide, in any manner, the unexpended funds to Professional
Engineer. Professional Engineer shall have no claim of any sort to the unexpended funds.

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

have the right to solicit applications tor employment from any employee of the Professional
Engineer assigned to the performance of the contract.

5. Not resume work after the effective date of a notice of suspension until receipt of a
written notice from the City to resume performance.

6. CITY COOPERATION. The City agrees that its personnel will cooperate with
Professional Engineer in the performance of its work under this contract and that such personnel
will be available to Professional Engineer for consultation at reasonable times and after being
given sufficient advance notice that will prevent conflict with their other responsibilities. The
City also agrees to provide Professional Engineer with access to City records in a reasonable
time and manner and to schedule items that require action by the Board of Public Works and