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Finance Committee - Agenda - 5/19/2021 - P67

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
67
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

policy. The Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation
Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the
Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that
accessible facilities and services be made available to persons with disabilities, including any regulations
and subsequent amendments.

d. Inclusion

The Contractor agrees to include the requirements of subsections (a) — (c) in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected
parties.

e. Disadvantaged Business Enterprise (DBE)

This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation
by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. Nashua Transit's
overall goal for DBE participation is 2.0%. A separate contract goal has not been established for this
procurement.

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

The Contractor will be required to report its DBE participation obtained through race-neutral means
throughout the period of performance.

The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the Contractor's receipt of payment for that work from
the City.

The Contractor must promptly notify the City 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 City.

Failure of the Contractor to comply with this section or to include it in any subcontract of any tier will
constitute a breach of contract and, after notification to the DOT, may result in termination of the Contract
by the City or such remedy as the City deems appropriate.

Page Image
Finance Committee - Agenda - 5/19/2021 - P67

Finance Committee - Agenda - 5/19/2021 - P68

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
68
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

6. 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 contract. 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.

7. Environmental Resource Conservation and Energy Conservation.

(a) Energy Conservation.
Contractor shall comply with mandatory standards and policies relating to energy efficiency that are

contained in the New Hampshire energy conservation plan issued in compliance with the Energy Policy
and Conservation Act, 42 U.S.C. § 6321 et seq.

(b) Clean Air.

1. Contractor shall comply with all applicable standards, orders or regulations pursuant to Section 306
of the Clean Air Act, as amended, 42 U.S.C. § 7606, and other requirements of the Clean Air Act,
as amended, 42 U.S.C. §§ 7401 - 76719. Contractor shall report each violation to the City and
understands and agrees that the City will, in turn, report each violation as required to FTA and the
appropriate EPA Regional Office.

2. Contractor shall include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with FTA assistance.

(c) Clean Water

1. Contractor shall comply with all applicable standards, orders or regulations issued pursuant to
Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368, and other requirements of the
Clean Water Act, as amended, 33 U.S.C. §§ 1251 - 1377. Contractor shall report each violation to
the City and understands and agrees that the City shall, in turn, report each violation as required to
FTA and the appropriate EPA Regional Office.

2. Contractor shall include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with FTA assistance.

8. Compliance with Laws & Federal Changes. Contractor shall comply with all applicable
laws, ordinances, codes, rules, regulations, programs, plans, and orders in the performance of the Contract
Documents. Without limiting the foregoing, Contractor shall comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by reference in the
Master Agreement between the City and FTA, as they may be amended or promulgated from time to time
during the term of the contract. Contractor's failure to comply shall constitute a material breach of the
contract.

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Finance Committee - Agenda - 5/19/2021 - P68

Finance Committee - Agenda - 5/19/2021 - P69

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
69
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

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

(c) 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.

(d) 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.

10. Fly America Requirements.

For contracts involving transportation of persons or property, by air between the U.S. and/or places outside
the U.S. These requirements do not apply to micro-purchases ($3,500 or less, except for construction
contracts over $2,000).

Contractor shall comply with 49 USC 40118 (the “Fly America’ Act) in accordance with General Services
Administration regulations 41 CFR 301-10, stating that recipients and subrecipients of Federal funds and
their contractors are required to use US Flag air carriers for US Government-financed international air
travel and transportation of their personal effects or property, to the extent such service is available, unless
travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. Contractor shall
submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining
why service by a US flag air carrier was not available or why it was necessary to use a foreign air carrier
and shall, in any event, provide a certificate of compliance with the Fly America requirements. Contractor
shall include the requirements of this section in all subcontracts that may involve international air
transportation.

11.Seismic Safety
The contractor agrees that any new building or addition to an existing building will be designed and
constructed in accordance with the standards for Seismic Safety required in Department of

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Finance Committee - Agenda - 5/19/2021 - P69

Finance Committee - Agenda - 5/19/2021 - P70

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
70
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent
required by the regulation. The contractor also agrees to ensure that all work performed under this
contract including work performed by a subcontractor is in compliance with the standards required by
the Seismic Safety Regulations and the certification of compliance issued on the project.

Page Image
Finance Committee - Agenda - 5/19/2021 - P70

Finance Committee - Agenda - 5/19/2021 - P71

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
71
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

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)

Greenman-Pedersen, Inc. (GPI)

he

Signed B

Timothy Letton

Name
Executive Vice President / New England Branch Manager

Title

May 5, 2021

Date

Certified (Sub-Contractor(s))

Company

Signed By

Name

Title

Date

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Finance Committee - Agenda - 5/19/2021 - P71

Finance Committee - Agenda - 5/19/2021 - P72

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
72
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

DISCLOSURE OF LOBBYING ACTIVITIES

The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10
of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, ef seq.)]

(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or
fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such expenditure or failure.]

The Sellercertifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Sellerunderstands and agrees that the provisions of 31 U.S.C. A 3801,
et seq., apply to this certification and disclosure, if any.

Executed this__5'" day of __May , 2021

| Greenman-Pedersen, Inc. (GPI)
Name of Bidder Address
| 181 Ballardvale Street, Suite 202

City/State/Zip
| Wilmington, MA 01887 yy
Name of Contractor's Authorized Official Signatur{of Costrac utforized Official Title

EZ |

ice President / New England Branch Manager

| Timothy Letton
of Contractor's Authorized Official

Page Image
Finance Committee - Agenda - 5/19/2021 - P72

Finance Committee - Agenda - 5/19/2021 - P73

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
73
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

DELINQUENT PERSONAL PROPERTY STATEMENT

Timothy Letton , hereby affirms under oath, pursuant to New Hampshire State Code,
that at the time the bid was submitted by_GPI__ (company) was [Gea n9}(lease circle one) charged with delinquent
personal property taxes on the General Tax List of Personal Property Tor Hillsborough County, New Hampshire.

If such charge for delinquent personal property tax exists on the General Tax List of Personal Property for
Hillsborough County, New Hampshire, the amount of such due and unpaid delinquent taxes, including due and
unpaid penalties and interest shall be set forth below. A copy of this statement shall be transmitted to the
Hillsborough County Treasurer within thirty (30) days of the date it is submitted. Ifa contract is entered into, a copy
ofthis statement shall also be incorporated into the contract between NTS and the bidder and no payment shall be
made with respect to any contract unless such statement has been so incorporated as a part thereof.

Delinquent Personal Property Tax *
Penalties *

Interest *

Total *

Timothy Letton, Executive Vide President/New England Brandh Manger

| May 5, 2021 |

State of Massachusetts

County of Middlesex

SWORN TO BEFORE ME THIS 5th DAY OF__May , 2021.

renting,

CA> he, WD SK we Pamela D. Greco
NOTARY PUBLIC

August 2, 2024
MY COMMISSION EXPIRES

* Mark “N/A” if not applicable

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Finance Committee - Agenda - 5/19/2021 - P73

Finance Committee - Agenda - 5/19/2021 - P74

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
74
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

GPI Engineering | Design | Planning | Construction Management

April 13, 2021

MAX-2019054.03

Camille Pattison, Transportation Manger
City of Nashua

11 Riverside Street

Nashua, NH 03062

Via email

SUBJECT: Nashua Transit Center Retrofit -— Construction Phase Services

Dear Camille:

Attached please find a scope of work and fee estimate for construction phase services for the Nashua Transit
Center. This includes resident engineering and construction administration services provided by GPI and
building construction support and inspection provided by Samyn D’Elia Architects.

After you have had a chance to review let’s discuss next steps.

Sincerely,

GREENMAN-PEDERSEN, INC.

Cualy— Py slioXW

Carolyn Radisch
Senior Project Manager

enclosure(s)

cc: file

Greenman-Pedersen, Inc. 181 Ballardvale Street, Suite 202 Wilmington, MA 01887 p 978-570-2999
An Equal Opportunity Employer

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Finance Committee - Agenda - 5/19/2021 - P74

Finance Committee - Agenda - 5/19/2021 - P75

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
75
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

NASHUA TRANSIT CENTER CONSTRUCTION PHASE SERVICES
SCOPE OF WORK

The Engineer has prepared this Contract Agreement for services related to construction of the Nashua
Transit Center Retrofit Project. This Scope of Work includes only Construction Services, with all
previously contracted work being complete at this time, including Initial Project Scoping, Engineering /
Feasibility Study / Preliminary Plans, Final Plans, and Bidding Services.

The following Scope of Work has been established for Construction Services to be performed by the
Engineer, based on discussions with the City, to date.

CONSTRUCTION SERVICES

The following Scope of Work is anticipated to be required by the Engineer during construction of the
Nashua Transit Center Retrofit Project. All work described below represents services and level-of-effort
anticipated to be required on this project, based on our understanding of the City’s expectations and
our experience on similar projects. Furthermore, for estimating purposes, the Engineer has assumed
that construction will be completed over a 17-week or 120-day period.

Construction Administration

The Engineer will provide construction administration services relative to the retrofit improvements. This
work is anticipated to include the following:

e Conduct a pre-construction meeting with the City of Nashua, project stakeholders, impacted
utility owners, and the contractors;

e Review and approval of shop drawings;

e Consultation with the City and project stakeholders;

e Respond to Requests for Information (RFI) and Change Orders from the Contractor;

e Participation at weekly construction progress meetings (when requested);

e Consultation and advice during construction;

e Attendance at a final inspection;

e Preparation of a punch list upon substantial completion;

e §=6Certification that all work is completed in accordance with the Contract Documents; and

e Conduct Project Close Out, including final pay estimate and compilation of record documents.

The following level-of-effort is anticipated by the Engineer, based on a 17-week construction schedule:

Task Hours/Week Weeks Total Hours
Pre-Construction Conference 6 1 6
Shop Drawing Review 10 4 40
Meetings/Change Orders 2 17 34
Field Consultation 2 17 34
Punch List, Final Inspection & Certification 8 2 16
Project Close Out 25 2 50

Total: 180

Page Image
Finance Committee - Agenda - 5/19/2021 - P75

Finance Committee - Agenda - 5/19/2021 - P76

By dnadmin on Mon, 11/07/2022 - 13:40
Document Date
Fri, 05/14/2021 - 13:59
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/19/2021 - 00:00
Page Number
76
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051920…

Based on this Scope of Work, 180 hours have been budgeted for construction administration and related
services. Please note, these hours could change based on the Contractor’s operations, manpower, and
schedule. Any substantial changes to the scope of work as described herein will require a Contract
Amendment to complete the additional services.

Construction Inspection

The Engineer will provide full-time construction inspection services, through a Resident Engineer being
assigned to the project, throughout construction of the retrofit improvements. The Resident Engineer
will communicate and coordinate with the City frequently to ensure City and Transit staff are notified of
upcoming significant operations, while minimizing impact to the transit operations, including bus service.
In addition to coordination with the city and inspection and oversight of the construction operations, the
Resident Engineer will be responsible for the following:

e Daily and Weekly Reporting

e Daily Quantity Tracking

e Preparation of Monthly Pay Estimates to Contractor
e Coordination of Materials Testing Subconsultant

e Coordination of Building Inspection Subconsultant
e Funding Source Tracking for Pay Quantities

For budgeting purposes, the work is assumed to be completed over a 17-week, 45-hour per week
construction schedule, where full-time inspection will be necessary. Furthermore, 765 hours have been
estimated for the Resident Engineer to provide full-time construction inspection services. Should
additional hours or services be required based on the actual schedule and sequence of construction
operations, a Contract Amendment will be prepared for the City’s review and approval, prior to additional
services being provided.

Building Renovation Construction Services (Subconsultant)

The Engineer, through an architectural subconsultant, will provide construction services, relative to the
building renovation. The Scope of Work for the building renovation related construction services is
anticipated to include the following:

e Approximately 8 site visits during construction, including final punch list review

e =Review all required contractor shop drawings and submittals

e Review contractor’s requisitions for payment for the work on the transit center building
e Prepare report of observations after each site visit

e Reply to contractors Requests for Information (RFI)

e Prepare clarification drawings or for minor changes to the work requested by the client
e Prepare punch list of remaining work by contractor

e Issue substantial completion certificate

Based on this Scope of Work, 96 hours have been estimated for the building renovation construction
services. Please note, these hours could change based on the Contractor’s operations, manpower, and

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Finance Committee - Agenda - 5/19/2021 - P76

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