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City of Nashua

Purchasing Department

Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 BANS) Soi
May 19, 2022
TO: Mayor Donchess
Finance Committee
SUBJECT: Clarity of RFP Process for Public Access Television Contract

As part of our response to the recent letter received by Roy Tilsley, Jr of Bernstein, Shur, Sawyer & Nelson
representing Community Media Services Group | wanted to provide some additional information regarding the
Request for Proposal process followed for this advertisement.

RFP vs IFB definitions as included in the City of Nashua’s 2019 published Purchasing Manual

Request for Proposal (RFP) - (1) Alldocuments, whether attached or incorporated by reference, utilized for soliciting
{competitive} proposals. The RFP procedure permits negotiation of proposals and prices as distinguished from
competitive bidding and an Invitation for Bids. (2) The solicitation document used in the competitive negotiation
process. The procedure allows changes to be made after proposals are opened and contemplates that the nature
of the proposals and/or prices offered will be negotiated prior to award.

invitation for Bids (iFB) - (1) the solicitation document used for competitive sealed bidding, the customary method
used by state and local governments for the purchase of equipment, materials, supplies, and construction. (2)
All documents, whether attached or incorporated by reference, utilized for soliciting bids.

Important distinctions between these in regards to competitive bidding:

IFB’s - competitive bidding
« IFB may be used when you know “what” and “how”
e AnIFBis advertised to the public, bids are publicly opened, and the award is publicly announced.
« Negotiation is not normally used with competitive sealed bidding.
e = IFB’s are evaluated solely by costs and the contract will be awarded solely on the basis of price.
RFP’s — competitive proposals
e REP may be used when you know “what” but not “how” or “how” may vary from one vendor to another.
As with an IFB, the RFP must be announced to the public and specifies a due date.
An RFP it is evaluated according to predetermined weighted standards that are stated in the RFP itself.
An RFP aliows for negotiation and provides more flexibility in the awarding of the contract.
There is no public opening requirement because receipt of the proposals is, under the RFP methad, only
the first step, not the last step since cost is not the only factor in the awarding of the contract.
® Evaluation of the criteria for the technical and cost factors must be taken before award the contract can
be made.

Additional Factors
* Responsible Responding Vendors
¢ Local Preference

Criteria for weighing these proposals

Criteria

Weight

Qualifications and Experience:

Respondent must demonstrate adequate experience in the following areas: qualification, general
experience and technical competence of the project team

Innovative/unique solutions or techniques

Experience with similar type/size projects in public or private television management services, outreach
activities, video production and technical experience

Feedback from References with projects similar in size & scope

Expertise, experience and resources that can perform the necessary tasks required to deliver results.
Vendor must provide information that demonstrates they possess the technical expertise that is
required for this scope of work

40%

Overall impression of Proposal

Organization, clarity, conciseness and thoroughness.

Approach to the scope of services and statement of works

Proposed project schedule

Completeness and thoroughness of the proposal, technical data and documentation, especially in the

following areas: television promotion, programming functions, and studio management (see RFP

‘Scope of Work’ for additional details}

Demonstration of understanding and support for the goals of PEG Access in general, and Nashua’s

objectives for this service specifically
Program Implementation which best meets the goals of functions of the vendor as expressed in the
Scope of Work; also assuring the greatest Nashua community participation in the television facilities
and resources, To include: proposed hours of operation; sources of external programming; ratios of
original and locally vs. non-locally produced content

10%

Additional Considerations (applicable only when not in conflict with state or federal guidelines)

Evidence of good organization and management practices

Governance structure & tools (incl. written policies and procedures}

Clearly defined roles and responsibilities of staff members and the Board of Directors
Proposed plan for broadest representation and inclusion of Nashua constituents in general
membership and Board of Directors

Qualification as a DBE

Qualification of a Local preference

Use of Environmentally sound products in proposed solution

10%

Cost Proposal:

Cost proposal should include any payment schedule setting forth the frequency and amount of progress
payments, and identifying the tasks and deliverables (“milestones”) to be completed for each payment to be
deemed earned.

40%

In regards to pricing on these particular proposals:

BRBTV’s cost is highest year 1 and is reduced in both years 2 & 3 {from year 1 cost)

® CNSG’s cost is lowest year 1 with a 5% increase each year thereafter
« CMSG proposed 4 different options — not all options are of equal cost and service to BRBTV’s proposal
® CMS5G has requested additional support requirements from the City that were not factored into their cost
outlay (i.e. designated contract administrator & finance manager)
Regards,
Kelly Parkinson

Purchasing Manager

Jim Donchess

Mayor e« City of Nashua
To: Board of Aldermen
From: Mayor Jim Donchess
Date: May 11, 2022
Re: Multi-Year Contract Award - Generator Maintenance for the Energy Recovery Facility

Pursuant to NRO: § 5-74/B: Acontract 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 18, 2022 meeting and as such | am requesting the full Board of
Alderman approve the following contract:

Item: 3-year Maintenance for the Generators in the Energy Recovery
Facility
Value: $277,014
Vendor: Southworth-Milton {dba Milton CAT)
Purchasing Memo#: 22-274 dated May 11, 2022
Contract Term: 3 Years to terminate 4/15/25
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

To:

From:

Re:

B. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: February 24, 2022

David L. Boucher, Superintendent
Wastewater Department

Maintenance Contract for Energy Recovery Generators

To approve the Energy Recovery generator 3-year maintenance contract with
Southworth-Milton, Inc. (Milton CAT) of Milford, MA in an amount not to
exceed $277,014. Funding will be through Department: 169 Wastewater; Fund:
Wastewater; Account Classification: 54 Property Services.

The Energy Recovery facility was recently upgraded to include 2 new generators,
purchased form Milton Cat, that run on digester gas generated from the primary
and secondary sludge digesters. The installation of the new generators was
completed in August 2021.

Milton CAT provided an O&M manual for the new generators that includes
different ievels of maintenance required based on hours of operation. Milton
CAT has been performing oil changes and other maintenance related work on a
temporary basis until a maintenance contract is established and approved.

Quotes for a 3-year maintenance contract was sent to several vendors. Only
NEESCO and Milton CAT responded back with a maintenance proposal and
quote. It was difficult to compare the proposals duc to the different maintenance
approach offered by each company. Although NEESCO’s quote was lower than
Milton CAT, Milton CAT has specific knowledge on the functions of these
specialty generators and can provide ready access to spare parts as they are the
authorized representative of Caterpillar. This would also minimize long lead
times for repairs should any generator parts fail.

Milton CAT have provided a quote for the 3-year maintenance on two generators
in the amount of $277,014. Their costs include a top end engine overhaul between
years 2 and 3, which was quoted at $42,380 per generator.

Milton cat

LONG TERM SERVICE AGREEMENT

| Project name: Nashua WWTP Engine 1 | Project #: KARO0959

Contract Duration Whichever occurs first Contract End date: | 4/15/2025

3 years or 13,140 hrs

Project name: Nashua WWTP Engine Z Project #: KAR00960

Contract Duration Whichever occurs first Contract End date: | 4/15/2025

3 year or 13,140 hrs

TABLE OF CONTENTS

SECTION 1 EXHIBITS

SECTION 2 DEFINITIONS

SECTION 3 MCAT RESPONSIBILITIES

SECTION 4 C ER RESPO IE
SECTION 5 PEFORMANCE OF SERVICE\RESPON
SECTION 6 COMMUNICATION

SECTION 7 PAYMENT TERMS

SECTION 8 TERM AND TERMINATION

SECTION 9 WARRANTY

SECTION 10 § NTRACTING AND PERSONNEL
SECTION 11 ESCALATION

SECTION 12 FORCE MAJEURE

SECTION 13 SUR NTS
SECTION 14 INDEMNITY
SECTION 15 DISPUTE R TION

SECTION 16 MISCELLANEOUS

1. EXHIBITS

Scope of Work
Warranty, Extended Service Coverage (if purchased by Customer)

Published Service Rates

Contract Pricing

Avanlability Calculation

Failure Execution Plan

Manufacturer’s Maintenance Manuals

2. DEFINITIONS

om man

Agreement - this Long-Term Service Agreement, including all Exhibits, as
may be amended from time to time.

Availability- Time when PGE is available for operation, represented in %
availability. See Availability Calculation attached as Exhibit E.

PGE-Power Generating Equipment

Customer - Nashua WWTP 2 Sawmill Rd Nashua NH

Effective Date - Contract start date as shown on title page to this Agreement
End Date - Contract end date as shown on the title page to this Agreement

Escalation - The inerease to the hourly maintenance cost per year due to
inflation, price changes and rising costs.

. Escalation date- The date the escalation applics to the Agreement

Genset- Engine Generator System

Hour meter- the Genset elapsed time meter

Maintained Equipment - Customer's Plant equipment subject to this
Agreement, as further identified in the Scope of Work attached as Exhibit A.
Maintenance Hours- the number of hours the Genset is off line for planned
scheduled maintenance.

. Maximum Hours - the maximum engine hours as shown on the title page to

this Agreement

. MCAT - Southworth-Milton, Inc. dba Milton CAT

Month-Calendar Month

. Not Available Hours- when the Genset is automatically or manually taken

offline by Customer due to utility or Plant disturbances as well as any reason
Customer deems not to run and therefore the Genset is not available to
operate.

Plant - The Genset and equipment included in Customer's PGE system
Regular business hours - Monday-Friday 7am-Spm (Eastern Time)

Response Time- Time MCAT is responsible to address and respond to
unscheduled issues

Run time per year- The calculated hours from the start of the contractual
year to the end of the contractual year using the hour meter

Scheduled Maintenance- a planned maintenance event required for the PGE
Plant as recommended in Manufacturer's Maintenance Manuals attached as
Exhibit G or as directed by MCAT.

Site - Customer's facility at which PGE is located, as specified in the Scope of
Work

Total hours ina year- 8,760 hours

Unscheduled- an unplanned repair or repair event at any time day or night.

3. MCAT RESPONSIBILITIES

4,

MCAT shall perform regularly scheduled maintenance and certain
unscheduled repair of the Maintained Equipment, pursuant to the applicable
Manufacturer's Maintenance Manuals attached as Exhibit G (subject to
changes based on MCAT's experience, engine condition, analysis, site history
and manufacturer recommendations) and the Scope of Work attached as
Exhibit A. To the extent there is a discrepancy between the Scope of Work,
and the Manufacturer's Maintenance Manuals, the Scope of Work shall
control, and dictate the work that falls within this Agreement.

MCAT shall report to Customer in writing (including email) any conditions of
which it is or becomes aware with respect to the Maintained Equipment that
do not appear to conform to the manufacturer's recommendations. In
addition, MCAT shall report to Customer any abnormalities with the
Maintained Equipment of which MCAT is or becomes aware.

MCAT shall maintain the availability of remote diagnosis and dispatch 24
hours per day, 7 days per week.

MCAT shall respond to Customer's maintenance and repair needs in a timely
manner in accordance with Section 5, Performance of Service/Response Time.
MCAT shall promptly replace a defective hour meter at no cost upon
notification by the Customer of the defect.

MCAT shall assign a dedicated project manager who will:

1) Coordinate all scheduled/ unscheduled maintenance activities in
relationship to the PGE.

2) Be the point person for the Customer to help achieve and attain continued
efficient and reliable operation of the PGE.

3) Maintain on-site emergency local stock levels of emergency spare parts
inventory.

4) Diagnose and advise on any emissions related items regarding the PGE.
MCAT shall assign senior level generator service technicians to support this

Agreement.

4. CUSTOMER RESPONSIBILITIES

Customer shall make its best reasonable efforts to keep access clear and safe
to the Maintained Equipment and shall make available to MCAT parking
spaces available close to the PCE.
Customer shall provide a secure inside space, easily accessibility from
Maintained Equipment for strategic spare parts for Maintained Equipment to
be stored if required.
Customer shall perform daily/weekly operator services, including:

1) Operation, inspections, reparting, written event logging and maintenance

2) Obtaining and mailing out lubricating oil and coolant samples at prescribed
times

3) Gas sampling as needed\requested
If applicable the customer shal! provide a dedicated internet connection for
monitoring of the Maintained Equipment permitting MCAT to remotely
monitor the PGE operation, trend operational data and diagnose fault
conditions. Remote monitoring is not a replacement for trained on site
personnel. The internet connection will be provided and maintained in
working order by Customer.
Customer shall provide access to the PGE during all hours of operation of the
PGE, like access provided to Customer's employees.

| Customer shall provide MCAT with written copies of any safety, training or
access requirements for on-site MCAT employees.
Customer shall pay invoices to MCAT on a timely basis, consistent with
Section 7