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Board of Aldermen — 9/12/17 Page 32

President McCarthy

If | understood the intent of Alderman Siegel’s motion, we are allowed to buy the building under the terms of
the resolution. We would hold it for two years and then decide what to do with it instead if the $4 million was
not forthcoming in that timeframe. Is that what you had in mind, Alderman Siegel?

Alderman Siegel

That would be correct.
Alderman Deane

The other question | had was to our Mayor. We are currently being sued by an alderman and a resident
pertaining to the supposedly Spending Cap violation. Has that had any net effect on our bond rating or
perhaps could it have a net effect on our bond rating? Is bond counsel looking at that as pending litigation?

Attorney Bolton

That’s not the kind of thing bond counsel opines on. Bond counsel is retained by us to give opinions as to the
binding effect that the bond commits the city to and to opine that all the procedures necessary to bind the city
were properly followed. It may be that there are other consultants who could opine to us whether the existence
of that suit, or the two consolidated suits, would have an effect. But as far as | know, and | believe | am clear
on this, we have not been downgraded. My personal opinion is it is very likely that we will not be downgraded
just because of the pendency of the suits. The only way that we would be downgraded is if the result of the
suit causes the city to take some action that negatively affects the future prospects of the city paying its debt. |
think that is unlikely to happen.

Mayor Donchess

| reiterate what Attorney Bolton said. There is a hearing scheduled on October 23. Following that there will be
a decision one way or the other. | believe that we are going to be successful. If we are not, we will deal with it.
| think the end result will not affect the bond rating. We have definitely not been downgraded now. There’s no
way the suit has caused the city to lose anything on the bond rating to date, and | don’t think it will in the future.

Alderman Dowd

It has always been predicated that they will raise that money so | have not problem with the amendment.

There are a lot of checks and balances that we have in this whole process. We will have to negotiate the cost
of the building. It could go up or down. No expense can be made, none, without going through the Finance
Committee and having a hearing. If it is over a certain amount of money it is going to have to go back to the
full Board for the final expenditure. Then you’ve got the raising of the endowment to cover the cost, which by
the way we can keep evaluating in talking with our consultants and everybody to make sure that that
endowment is the right amount of money. Construction wouldn't start until all those steps, so we wouldn't be
spending the bond money, and only half of it over one year and half over another year. This is a project that
has a thousand steps. If we don’t start with the first step, we are never going to get there. It is time to take that
step.

President McCarthy

What the city attorney suggests is at the end of the next to the last paragraph, the one that begins with “No
borrowing for the renovation or construction...” we add a sentence that says: “This resolution shall expire two
years from its effective date in the event that the $4 million in private funds have not been raised prior to that
date.”

23.

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27.

FINAL ACCEPTANCE. Upon completion of all work under the contract, Contractor 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 Contractor in writing that the whole of the
work was completed on the date indicated in the notice or provide Contractor with a written list of
work not completed. With respect to work listed by the City as incomplete, Contractor shall promptly
complete the work and the final acceptance procedure shall be repeated. The date of final
acceptance of a project by the City shall be the date upon which the Community Development
Division Director or other designated official accepts and approves the notice of completion.

TAXES. Contractor 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.
Contractor hereby indemnifies and holds harmless the City from any liability on account of any and all
such taxes, levies, duties, assessments, and deductions.

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

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 imposed or available by law.

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

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

Contractor warrants that no gratuities (including, but not limited to, entertainment or gifts) were
offered or given by Contractor 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.

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 City under this contract or at law.

Page 12 of 17

28.

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31.

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33.

THIRD PARTY INTERESTS AND LIABILITIES. The City and Contractor, 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 City and Contractor.

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.

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 unenforceable provisions for sole purpose of rectifying the invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT. This contract constitutes the entire contract
between the City and Contractor. 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.

CHOICE OF LAW AND VENUE. __ This contract shall be governed exclusively by the laws of the State of
New Hampshire and any claim or action brought relating to this contract, the work performed or
contracted to be performed thereunder, or referable in anyway thereto shall be brought in
Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New
Hampshire 9th Circuit Court—Nashua and not elsewhere.

UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS. This Contract is funded by federal dollars and subject to 2 CFR Part 200. At a minimum,
the following Contract Provisions of 2 CFR 200.326 (Appendix II) apply:

=" Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (83 U.S.C.
1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).

=" Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp.,
p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549. [The Contractor must register
with SAM.gov prior to executing this Contract];

=" Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.

Page 13 of 17

EXHIBIT B - SCOPE OF SERVICES
TO THE CONTRACT BETWEEN THE CITY OF NASHUA
AND
PROLIFIC PROPERTY MANAGEMENT
DBA ALCHEMY LEAD MANAGEMENT

1. General Requirements

1.1

1.2

1.3

1.4

1.5

Inspections, testing and sampling shall comply with all applicable federal, state and local laws,
rules, regulations and guidelines. Specifically, Title X Section 1011, the current HUD Guidelines,
OLHCHH Program Policy 2017-01 (https:/Awww.hud.gov/program offices/healthy homes/Ibp/pg),
and federal, state regulations. Others include: OSHA 29 CFR 1926, Construction Industry
Standards; 24 CFR Part 35, U.S. Department of Housing and Urban Development’s Lead-Based
Paint Poisoning Prevention in Certain Residential Structures; 40 CFR Part 745, Environmental
Protection Agency’s Lead Hazard Standards Rule; and the New Hampshire Code of
Administrative Rules, Chapter He-P 1600. In situations where the regulations differ, whichever is
the more stringent shall be followed.

Trained and Certified Professionals

All activities must be conducted by persons qualified and licensed to perform the activities
according to applicable federal, state and local requirements. Contractor must be registered in the
System for Award Management (SAM.gov), with no adverse history.

Scheduling
Inspector/Risk Assessor must contact the owner within 24 hours following notification from the
Program that a property is approved for an initial LIRA.

The Program expects the LIRA will occur NO LATER THAN 1 WEEK FROM THE
NOTIFICATION OF INSPECTION WORK ORDER. Work order will be issued by email.

The Program staff that notifies the Contractor of the Work Order, must be notified as soon as
the LIRA is scheduled. Program staff will attend in order to conduct healthy homes
assessments and conduct a visual in order to later create the cost estimate/scope of work.
Ensuring City staff are present for the LIRA is essential, as it reduces the burden and
intrusion to occupied units.

Laboratory Analysis
All laboratory analysis must be performed by an EPA accredited laboratory

Test Results

Lead paint inspection and risk assessment reports must be provided electronically (i.e. email
or cloud share) to the LP & HH Program within (ten) 10 calendar days following completion of
the Initial Report and Clearance Report.

If the report(s) are not received within 10 calendar days, a fee of $100/day will be assessed
and deducted from the negotiated cost for each day the report is late.

A Statement regarding the property owner’s responsibility of disclosure must be included in
the report. The City will provide the LIRA and statement to the owner.

Page 14 of 17

1.6 Insurance
e General Liability: $1,000,000 per occurrence; $2,000,000 aggregate
e Automobile Liability: $1,000,000 Combined single limit
e Workers’ Compensation as required by statute/Employer’s Liability of
$100,000/$500 ,000/$1,000,000
e Professional Liability: $1,000,000

Page 15 of 17

2. Evaluation & Clearance Requirements

2.1

2.2

2.3

2.5

A New Hampshire licensed risk assessor shall perform a combination lead-based paint
inspection/risk assessment using an XRF analyzer, of all interior and exterior coated components
and surfaces in compliance with all applicable local, state and federal rules and guidelines. The
risk assessment shall include taking soil samples as required. If the soil is not accessible at the
time of initial assessment, samples shall be taken later at no additional cost to the Program.
Dust wipes taken as part of risk assessment must be provided with the report. Total cost for a
combined lead paint inspection/risk assessment shall be per unit and include common area
testing.

A New Hampshire licensed risk assessor shall perform clearance examinations, following the
completion of all required lead hazard reduction, in compliance with all applicable local, state and
federal rules and guidelines. Clearance fees shall be separated between a first-time clearance
and clearance after failures. Contractors will be instructed to prepare common areas for
clearance at the time of a unit clearance to reduce the number of visits required by the Risk
Assessor. “Next Day” analysis is required for dust wipe samples taken at the first clearance visit.

Clearances — After Failure

Clearance inspections after a failed visual inspection or failed dust-wipe samples must be given
priority and be performed within 24 hours of notification of such failure. If the unit is occupied,
generally “same day” samples are required after a failed visual clearance and/or failed dust wipe
samples. If a unit is vacant, the Program may authorize “next day” analysis. Provide copies of
laboratory reports to LP & HH Program.

Additional Site Visits

From time to time, additional site visits may be performed. These visits must be approved in
advance and in writing (email) by Program staff. A fee may be billed if the visit is required to
clarify or approve a matter demanding attention that cannot be resolved in a scheduled inspection
visit. Examples include, but are not limited to:

1. Client failure to make property accessible
2. Visual clearance of soil remediation

3. Failure of contractor to prepare common areas for clearance at time of a unit clearance

Note: A Site Visit required due to a questionable inspection report or to clarify information in the report
that is not clear ARE NOT billable site visits.

3. Compensation and Method of Payment

3.1 Basis for Payment

3.2

Payments made to the Risk Assessor/Inspector shall be supported by bills or invoices, which
include the property address, the date and description of services. The invoices shall be signed
and certified by the Risk Assessor/Inspection that the work performed has been undertaken and
completed in accordance with the Scope of Services and terms of this Contract. Payments will be
processed following completed services as approved by the LP & HH Program and made in
accordance with the City’s payment schedule. The City currently issues payments weekly.

Compensation
Compensation shall be in accordance with the fees listed below; see table on next page:

Page 16 of 17

. or Per Unit | Per Wipe Total

Service Description Cost Cost Cost
Combined initial Lead Paint Inspection & Risk Assessment (including wipe 10 @ $15
sample, up to 15 per unit, including common areas) $395.00 | - $150.00 $545.00
Risk Assessment Dust Wipe Samples (over 15/unit) $15.00 $15.00
Compost Soil Samples / up to 4 composite samples per property, as part of
the initial LIRA $15.00 | $15.00
Composite Soil Samples in excess of 4 per property $15.00 $15.00
Preliminary Clearance Inspection (to verify removal of components and/or $210.00 $210.00
application of surface coating) ‘ ‘
Final Clearance Inspection (upon completion of all lead hazard reduction $232.00 18 @ $15 $502.00
activities including final wipe samples with next day results) ‘ = $270.00 ‘
Clearance Inspections following visual failure — including Next day results $210.00 $210.00
Wipe samples with “Same Day’ results following failure of Final Clearance $60.00 $60.00
Dust Wipes ‘ ‘
Wipe samples with “Next Day’ results following failure of Final Clearance $15.00 $15.00
Dust Wipes ‘ ‘
Additional Site Visits required in addition to the activities listed above, i.e.
unable to access property, soil clearance, final exterior visual after winter $210.00 $210.00

snow melt, etc. (requires written authorization to be eligible for billing)

4. Period of Performance

No expenses incurred prior to the date of this agreement shall be reimbursed. The Contractor

agrees that the funded activity shall be completed by July 3, 2024.

Page 17 of 17

THE CITY OF NASHUA “The Gate City"

December 29, 2020
Memo #21-068

Adwunistrative Services
Purchasing Department

TO: Mayor Donchess
Finance Committee

SUBJECT: Hybrid Vans for Transit in the amount not to exceed $346,000 funded from an FTA Low-
No Emissions Grant, FY17 CERF & NH State FY19 Budget Funding

Please see attached communications from Camille Pattison, Transportation Manager, dated December
16, 2020 for project specific details related to this purchase. Below please find a summary of the
purchase approval request:

Item:

Value:
Vendor:
Department:
Source Fund:

Ordinance:

Vehicles: Electric/Hybrid Vans

$346,000 (not to exceed)

Creative Bus Sales

186 Transportation

$294,100 from FTA Low-No Emission Grant, $25,950 from NH State FY19 Fiscal
Budget & State Transportation Improvement Plan (STIP) and $26,828 from FY17
CERF Budget

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

The Community Development Division, Transportation Department and the Purchasing Department
respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: S Marchant
J Graziano

229 Main Street * Nashua, New Hampshire 03061 ¢ Phone (603) 589-3330 « Fax (603) 589-3233

° Community Development 589-3095
C ity of Nash ua Planning and Zoning 589-3090

. sone Building Safety 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 Can rogram mission cbscnine
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119

Date: December 16, 2020
To: Jim Donchess, Mayor
From: Camille Pattison, Transportation Manager

Re: Finance Committee — Sole Source Purchase for 2 Electric Hybrid Vans

In May 2020, the Nashua Transit System (NTS) was awarded a $356,046 dollar Low-No Emission
grant from the Federal Transportation Administration (FTA) to include the purchase of two electric
hybrid gasoline vans. Nashua Transit System will partner with Creative Bus Sales to expand our
fleet of green vehicles. This grant will allow us to replace two 2009 vans, well beyond their useful
life, with two new electric hybrid Arboc vans. The two new vans will be equipped with XLH
Hybrid Electric Upfit technology and are anticipated to reduce CO2 emissions by 20% with a 25%
increase in miles driven per gallon. These technologies will assist the City of Nashua in achieving
its goal of reducing municipal vehicle emissions by 25% by 2025.

A unique feature of the Low-No grant, is that FTA considers the grant selection a competitive bid
process, and does not require an additional RFP process to occur. Instead, grantees may pursue
contracts with named partners in the grant application. In this case, NTS will partner with Creative
Bus Sales. In accordance with NRO Sec. 5-84 (A) (5), Special purchasing procedures for sole
source procurements, NTS would like to move forward on a contract with Creative Bus Sales to
manufacture the two Electric Hybrid Gasoline vans. One van will be purchased immediately, with
the second van within the year, once the NH Department of Transportation (NH DOT) appropriates
the remaining funds.

Each vehicle will not exceed $173,000 for a total of $346,000. FTA grant funds will pay 85% of
the capital costs of this purchase, up to a total of $294,100 dollars. The remaining 15% will be split
between the City of Nashua and NH DOT. The FY17 CERF budget contains up to $26,828 for the
replacement of these two vans. In addition, the City of Nashua worked with the Nashua Regional
Planning Commission (NRPC) and the State of NH, to secure matching funds from the State to
offset the City’s costs in this purchase. The State of NH has committed to 7.5% of the local match
for this purchase of up to $25,950 through their FY19 fiscal budget and State Transportation
Improvement Plan (STIP),

Contract
12/16/20

CITY OF NASHUA CONTRACT FOR
THE SALE OF GOODS

This Contract for the Sale of Goods ("Contract") is made and entered into as of the
__ day of 2021 ("Effective Date") by and between the City of Nashua, a
municipal corporation ("City" or "Buyer"), and Creative Bus Sales, ("Seller") and hereby
acknowledges the request to purchase one (1) Spirit of Mobility Electric Hybrid Low
Floor Cutaway Van with the option to buy one (1) additional van. This Contract, all
exhibits to the Contract, including Exhibit A Van Specifications, are collectively referred
to as the "Contract Documents."

RECITALS

A. The City is in need of up to two (2) Electric Hybrid Low Floor Cutaway Vans
("Vans" or "Goods"), as more fully described in the Contract Documents;

B. City has determined that Seller is capable of providing the Vans at a reasonable
price and in a timely manner; and,

C. City agrees to purchase the Vans from Seller, subject to the terms and conditions of
the Contract Documents.

NOW, THEREFORE, in consideration of the mutual covenants and promises of
City and Seller contained herein and the receipt of good and valuable consideration, the
receipt of which is hereby acknowledged, City and Seller hereby agree as follows:

AGREEMENT

1. Recitals. The above Recitals are true and correct and incorporated herein by
reference.

2. Purchase of Vans. Seller agrees to sell to City and City agrees to purchase from
Seller one (1) Van as an initial purchase with the option to purchase one (1) more Van
pursuant to the terms of this Contract and the other Contract Documents. A complete
listing of the required specifications for the Vans is contained in Exhibit A. In the event of
a conflict between this Contract and the other Contract Documents, the terms of this
Contract shall control for all purposes.

1