Search

Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal
Employment Opportunity in Federal Employment," September 24, 965, 42
U.S.C. § 2000e note, as amended by any later Executive Order that amends
or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor
agrees to take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their
race, color, religion, national origin, or sex (including sexual orientation and
gender identity). Such action shall include, but not be limited to, the
following: employment, promotion, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition,
the Contractor agrees to comply with any implementing requirements FTA
may issue.

Age. Inaccordance with the Age Discrimination in Employment Act, 29
U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission
(U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29
C.F.R. part 625, the Age Discrimination Act of 975, as amended, 42
U.S.C.§6101et seg., U.S. Healthand HumanServices regulations,
"Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal FinancialAssistance," 45 C.F.R. part 90, and Federal
transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from
discrimination against present and prospective employees for reason of
age. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.

Disabilities. In accordance with section 504 of the Rehabilitation Act of 273,
as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 990, as
amended, 42 U.S.C. § 2101 et seq., the Architectural Barriers Act of 968,
as amended, 42 U.S.C. §4151 et seq., and Federal transit law at 49 U.S.C.
§ 5332, the Contractor agrees that it will not discriminate against individuals
on the basis of disability. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.

7. Disadvantaged Business Enterprise

i. The Contractor, subrecipient or subcontractor shall not discriminate on the

basis of race, color, national origin, or sex in the performance of this
Agreement. The Contractor shall carry out applicable requirements of 49
C.F.R. Part 26 in the award and administration of DOT-assisted contracts.
Each subcontract the Contractor signs with a subcontractor must include the
assurance in this paragraph (see 49 CFR 26.13(b)). Failure by the Contractor
to carry out these requirements is a material breach of this Agreement, which
may result inthe termination of this Agreement or such other remedy as the
City deems appropriate, which may include, but is not limited to:

a. Withholding monthly progress payments;

b. Assessing sanctions;
Cc. Liquidated damages; and/or
d. Disqualifying the contractor from future bidding as non-responsible.

49 C.F.R. § 26.13(b).

Page 7 of 9

Iv.

8.

The Contractor is required to pay its subcontractors performing work
related to this Agreement for satisfactory performance of that work no later
than 30 days after the C o n tractor’s receipt of payment for that work from the
City. In addition, the Contractor may not hold retainage from its subcontractors
or must return any retainage payments to those subcontractors within 30 days
after the subcontractor’s work related to this Agreement is satisfactorily
completed or must return any retainage payments to those subcontractors
within 30 days after incremental acceptance of the subcontractor's work by
the City and Contractor's receipt of the partial retainage payment related to
the subcontractor’s work.

Ifa separate contract goal has been established, Bidders/offerors are
required to document sufficient DBE participation to meet these goals or,
alternatively, document adequate good faith efforts to do so, as provided for
in 49 CFR 26.53.

If no separate contract goal has been established, the successful
bidder/offeror will be required to report its DBE participation obtained through
race-neutral means throughout the period of performance.

The contractor must promptly notify the recipient whenever a DBE
subcontractor performing work related to this contract is terminated or fails to
complete its work, and must make good faith efforts to engage another DBE
subcontractor to perform at least the same amount of work. The contractor
may not terminate any DBE subcontractor and perform that work through its
own forces or those of an affiliate without prior written consent of the recipient.

Incorporation of Federal Transit Administration (FTA) Terms

The preceding provisions include, in part, certain Standard Terms & Conditions

required by USDOT, whether or not expressly stated in the preceding contract

provisions. All USDOT-required contractual provisions, as stated in FTA Circular

4220.1F, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of

a conflict with other provisions contained in this Agreement. The contractor shall not

perform any act, fail to perform any act, or refuse to comply with any request that

would cause the City to be in violation of FTA terms and conditions.

9. Debarment and Suspension.

(a) The Contractor agrees to comply with the requirements of Executive Order Nos. 12549 and
12689, “Debarment and Suspension,” 31 U.S.C. Section 6101 note; and USDOT regulations on
Debarment and Suspension and 49 CFR Part 29.

(b) Unless otherwise permitted, the Contractor agrees to refrain from awarding any third-party
contract of any amount to or entering into any subcontract of any amount with a party included in
the “U.S. General Services Administration’s (U.S. GSA) List of Parties Excluded from Federal
procurement and Non-procurement Program,” implementing Executive Order Nos. 12549 and
12689, “Debarment and Suspension” and 49 CFR Part 29. The list also include the names of
parties debarred, suspended, or otherwise excluded by agencies, and contractors declared

Page 8 of 9

ineligible for contract award under statutory or regulatory authority other than Executive Order
Nos. 12546 and 12689.

Before entering into any subcontracts with any subcontractor, the Contractor agrees to obtain a
debarment and suspension certification from each prospective recipient containing information
about the debarment and suspension status and other specific information of that awarding
agency and its “principals,” as defined at 49 CFR Part 29.

Before entering into any third-party contract exceeding $25,000.00, the Contractor agrees to
obtain a debarment and suspension certification from each third-party contractor containing
information about the debarment and suspension status of that third-party contractor and its
“principals,” as defined at 49 CFR 29.105(p). The Contractor also agrees to require each third
party contractor to refrain from awarding any third-party subcontract of any amount, at any tier, to
a debarred or suspended subcontractor, and to obtain a similar certification for any third-party
subcontractor, at any tier, seeking a contract exceeding $25,000.00.

Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion

- Lower Tier Covered Transaction

(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it
nor its "principals" [as defined at 49 CFR § 29.105(p)] is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
any Federal department or agency.

(2) When the prospective lower tier participant is unable to certify to the statements in this certification,
such prospective participant shall attach an explanation to this proposal.

The bidder respondent and all subcontractors hereby certifies that he/she has not been debarred or
suspended from participation in Federal contracts. Please note - separate certification may be photo
copied and submitted by each subcontractor. (Pursuant to 49 CFR, Part 29)

Certified (Contractor)

Company

Signed By

Name

Title

Date

Page 9 of 9

SIGNATURES:

The terms and conditions of this agreement are agreed to by the parties upon signature
below.

For the City of Nashua:

James A. Donchess, Mayor

Date:

For Contractor: Bill’s World Class Cleaning Service, Inc.

Print Name

Title

Duly Authorized

Date:

Page 10 of

EXHIBIT A

NASHUA TRANSIT CENTER
30 ELM STREET
NASHUA, NH 03061

Cleaning Tasks = 6 times per week
Monday- Saturday

Dispatch Area
Waiting Area
Bathrooms

Outside Platform

Empty all trash receptacles (inside) and replace liners and deodorize

Dust, wipe clean and sanitize all surface areas, including but not limited
to the seats, vending machines, desk/tables, appliances, cabinets,
dispatch glass, windowsills, door handles; all vent fixtures, water
bubbler

Spot clean all windows and doors as needed

Vacuum all rugs, sweep and wash all floors

Replenish toilet tissue, towels and soap (in dispensers) as needed
Wash and disinfect all sinks, countertops, toilet bowls; mirrors
Vacuum, wash and disinfect all bathroom floors

Empty outside cigarette dispenser

Pick up general trash around outside platform pad and Advertising
Boxes

EXHIBIT A (continued)

NASHUA ADMINISTRATION
BUILDING

11 RIVERSIDE STREET
NASHUA, NH 03062

Cleaning Tasks = 3 times per week
Monday-Wednesday-Friday

Dispatch Area
Bathrooms

Kitchen
Common Areas

Empty all trash receptacles (inside) and replace liners and deodorize
Dust, wipe clean and sanitize all surface areas, including but not limited
to the countertops; outside of appliances; cabinets; dispatch glass;
windowsills; door handles; vent fixtures, conference tables; lockers and
handles

Spot clean all windows and doors as needed

Vacuum all rugs, sweep and wash all floors

Replenish toilet tissue, towels and soap (in dispensers) as needed
Wash and disinfect all sinks, countertops, toilet bowls; mirrors

Vacuum, wash and disinfect all bathroom floors

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: May 13, 2021

Re: Multi-Year Contract Award — Engineering Services for Highway, Bridge, Traffic and

Pedestrian Infrastructure

Pursuant to NRO: § 5-74/B: A contract that extends from the current fiscal year into succeeding

fiscal year(s) in which no funds have been appropriated nor otherwise designated for this purpose
shall be approved by the full Board of Aldermen before the contract shall become binding on the

City.

The Finance Committee has approved and placed on file the notification of the award of the
referenced contract at the May 19, 2021 meeting and as such | am requesting the full Board of
Alderman approve the following contract:

Item: On-Call Engineering Services Task #1 to include field observations,
assessments & recommendations for maintenance of all 16 city owned
pedestrian bridges and retaining wall along Franklin Street.

Value: $14,251
Vendor: Hoyle, Tanner & Associates
Purchasing Memo#: 21-124 dated May 13, 2021
Contract Term: 3 years

Thank you.

229 Main Street * PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 * fax 603.594.3450 * NashuaMayor@NashuaNH.gov
www.NashuaNH.gov

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

May 13, 2021
Memo #21-124

TO: Mayor Donchess
Finance Committee

SUBJECT: Engineering Services for Pedestrian Bridge Infrastructure in the amount of $14,251 funded from
accounts 53107 Architect & Engineering Services

Please see attached communications from Daniel Hudson, City Engineer, dated April 29, 2021 for project specific
details related to this purchase. Below please find a summary of the purchase approval request:

Item: On-Call Engineering Services Task #1 to include field observations, assessments &
recommendations for maintenance of all 16 city owned pedestrian bridges and retaining
wall along Franklin Street.

Value: not to exceed $14,251

Vendor: Hoyle, Tanner & Associates

Department: 160 Engineering

Source Fund: 53107 Architect & Engineering Services

Ordinance: Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall
be purchased by formal, written contract from the lowest responsible bidder, after due notice
inviting bids.

A competitive bidding RFQ for this project was issued on 9/2/2020 and proposals were received from the following
companies:
Beta Group, Manchester NH
CMA Engineers, Manchester NH
DuBois & King, Bedford NH
Greenman Pedersen Inc, Bedford NH
Hoyle, Tanner & Assoc, Manchester NH
McFarland Johnson, Concord NH
Milone & MacBroom Inc, Bedford NH
The Engineering Corp, Hampton NH
Weston & Sampson, Manchester NH

Wright — Pierce, Manchster NH

The Board of Public Works (4/29/21 BPW meeting), Division of Public Works: Engineering, and the Purchasing
Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson, Purchasing Manager

Ce: D Hudson C O'Connor

To:

From:

Re:

F. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 29, 2021

Daniel Hudson, P.E., City Engineer
Engineering Department

Multi-year On-Call Engineering Services Contract and Task Order #1 for
Structural Investigations of Pedestrian Bridges

To approve a multi-year on-call engineering services contract with Hoyle, Tanner
& Associates, Inc. of Manchester, NH, and further to approve Task Order #1
under that contract for Structural Investigations in an amount not to exceed
$14,251. Funding will be through Department: 160 Admin/Engineering; Fund:
General; Account Category: 53 Professional and Technical Services $12,000 and
Department: 161 Streets; Fund: Capital; Activity: Infrastructure Improvements
$2,251.

Scope of Services

The Division of Public Works selected Hoyle, Tanner & Associates, Inc. (HTA)
for Engineering Services for Highway, Bridge, Traffic, and Bicycle/Pedestrian
Infrastructure under RFQ0657-092420. Consultant support is often needed to
supplement in-house engineering services, due to magnitude of project scope,
urgency of need, or requirement for specific expertise. Public Works desires to
engage in a multi-year contract with HTA, where base contract terms are
established and support services are contracted as needed through subsequent task
orders, each with a defined scope and fee.

Under Task Order #1 HTA will perform field observations, and provide
assessments and recommendations for maintenance of all 16 City-owned pedestrian
bridges, as well as a retaining wall along Franklin Street. Periodic inspections of
these bridges by a qualified structural expert is appropriate to ensure they are in a
safe condition and to plan for future maintenance.

CONTRACT FOR PROFESSIONAL SERVICES

ENGINEERING SERVICES FOR HIGHWAY, BRIDGE, TRAFFIC AND
BICYCLE / PEDESTRIAN INFRASTRUCTURE

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

HOYLE, TANNER & ASSOCIATES, INC.
and its successors, transferees and assignees (together “Professional Engineer”)
NAME AND TITLE OF PROFESSIONAL ENGINEER

150 Dow STREET; MANCHESTER, NH 03101
ADDRESS OF 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 a Professional Engineer herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Professional Engineer represents they 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 -- Hoyle, Tanner & Associates, Inc Task Order #1 proposal dated April 19, 2021

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.

AG 1 of 3