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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.

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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:

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. 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.

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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.

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3. Term of Contract. This Contract shall be effective as of the Effective Date
executed and shall terminate three (3) years from the Effective Date or after the optional
Van has been purchased and delivered, whichever is later, unless earlier terminated or
extended as provided for herein. Provided, however, that in no event shall the term of this
Contract be for longer than 3 years.

4. Purchase Price for Electric Hybrid Low Floor Cutaway Vans. The total
price of the Electric Hybrid Low Floor Cutaway Vans, as further summarized in Exhibit A
of this Contract, shall not exceed $170,850 for each of the Vans, without City's prior
written approval.

5. Invoicing and Payment. Seller shall invoice the City for the full price of each
Electric Hybrid Low Floor Cutaway Van within thirty (30) calendar days following the
date of final acceptance for such Van. For purposes of this Contract, "date of final
acceptance" shall mean the date each Electric Hybrid Low Floor Cutaway Van is
inspected and accepted pursuant to Section 7 of this Contract. No finance charges shall be
paid by the City. The City shall pay Seller within thirty (30) calendar days of receipt of an
undisputed invoice or payment will be made ina reasonable length of time after approval
and receipt of funds from FTA or other funding sources, where applicable. There will be no
prepayments or down payments made on this procurement.

A. Invoicing. Seller’s invoices must include the City’s Purchase Order number,
be billed and payable in U.S. dollars and paid by payment methods agreed to by both the
Seller and City. All requests for payment shall be mailed to: Accounts Payable, City of
Nashua, 229 Main St., Nashua, New Hampshire 03060.

6. Delivery of Goods. Unless otherwise specified in writing by the City, Seller
shall deliver the Electric Hybrid Low Floor Cutaway Vans to City at City's offices located
at 11 Riverside Street Nashua, New Hampshire with shipping and insurance charges
included in the price. Shipments shall be accepted Monday through Friday, 8:00 AM to
4:00 PM, excluding holidays. Seller is required to notify the City’s purchasing agent in
advance if delivery cannot be made during these hours.

Delivery must be at a mutually agreed upon time, no later than September 30",
2021. The Electric Hybrid Low Floor Cutaway Vans shall be delivered to City by Seller
free of any liens and encumbrances.

7. Inspection and Acceptance. The Electric Hybrid Low Floor Cutaway Vans
shall be received by City subject to City's reasonable inspection, testing, approval, and
acceptance. If the Electric Hybrid Low Floor Cutaway Van is rejected by the City as
nonconforming, City may return the Electric Hybrid Low Floor Cutaway Vans to Seller at
Seller's risk and expense, and the Electric Hybrid Low Floor Cutaway Vans shall not be
replaced or repaired by Seller without written authorization from City. If City does not
provide written acceptance or a list of deficiencies within the thirty (30) calendar days

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following Seller's delivery of the Electric Hybrid Low Floor Cutaway Vans as required by
Section 6 of this Contract, the Electric Hybrid Low Floor Cutaway Vans shall be deemed
accepted.

8. Title/Risk of Loss. Title, ownership, and risk of loss or damage of the
Electric Hybrid Low Floor Cutaway Vans shall remain with Seller until the Electric Hybrid
Low Floor Cutaway Vans are delivered to, inspected and accepted by City, except when
such loss or damage is due to the fault or negligence of City. Once accepted by City, title,
ownership, and risk of loss shall transfer to City.

9. Termination and Suspension. The City, in its sole discretion, shall have the
right to terminate, abandon, or suspend all or part of the project and contract at will. Ifthe
City chooses to terminate, abandon, or suspend all or part of the project, it shall provide
Seller thirty (30) day’s written notice of its intent to do so. If all or part of the project is
suspended for more than ninety (90) days, the suspension shall be treated as a termination
at will of all or that part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Seller

shall:
a. Immediately discontinue work on the date and to the extent specified in the
notice.
b. Provide the City with a list of all unperformed services.
C. 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.

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

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

In the event of a termination, abandonment, or suspension at will, Seller shall
receive all amounts due and not previously paid to Seller for work satisfactorily completed
in accordance with the Contract Documents 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.

TERMINATION FOR CAUSE

This agreement may be terminated by the City on ten (10) calendar day’s written
notice to Seller in the event of a failure by Seller 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, to
complete or make sufficient progress on the work in a timely and professional manner.

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Seller shall be given an opportunity for consultation with the City prior to the effective date
of the termination.

Upon receipt of notice of termination for cause, Seller shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.
. Provide the City 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 all orders or sub contracts to the extent they relate to the
performance of work terminated, abandoned, or suspended under the notice, assign
to the City any orders or sub contracts specified in the notice, and revoke
agreements specified in the notice.

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

In the event of a termination for cause, Seller shall receive all amounts due and not
previously paid to Seller for work satisfactorily completed in accordance with the contract
prior to the date of the notice, less all previous payments. No amount shall be allowed or
paid for anticipated profit on unperformed services or other unperformed work. Any such
payment may be adjusted to the extent of any additional costs occasioned to the City by
reasons of Seller’s failure. Seller shall not be relieved of liability to the City for damages
sustained from the failure, and the City may withhold any payment to the Seller until such
time as the exact amount of damages due to the City is determined. All claims for payment
by the Seller must be submitted to the City within 30 days of the effective date of the
notice of termination.

If after termination for the failure of Seller to adhere to any of the terms and conditions
of the contract or for failure to satisfactorily, in the sole opinion of the City, to complete or
make sufficient progress on the work in a timely and professional manner, it is determined
that Seller had not so failed, the termination shall be deemed to have been a termination at
will. In that event, the City shall, if necessary, make an adjustment in the compensation
paid to Seller such that Seller receives total compensation in the same amount as it would
have received in the event of a termination-at-will.

GENERAL PROVISIONS FOR TERMINATION

Upon termination of the contract, the City may take over the work and prosecute it
to completion by agreement with another party or otherwise. Upon termination, City shall
be entitled to all work and goods produced or received as of the date of termination, unless
otherwise returned or rejected by the City. Upon termination of the contract or in the event
Seller shall cease conducting business, the City shall have the right to solicit applications

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