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(c)

8.

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.

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.

9.

(a)

Debarment and Suspension.

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.

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.

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

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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. Breaches and Dispute Resolution

Dispute Resolution. The parties shall attempt to resolve any dispute related to this Contract as
follows. Either party shall provide to the other party, in writing and with full documentation to
verify and substantiate its decision, its stated position concerning the dispute. No dispute shall
be considered submitted and no dispute shall be valid under this provision unless and until the
submitting party has delivered the written statement of its position and full documentation to the
other party. The parties shall then attempt to resolve the dispute through good faith efforts and
negotiation. Unless otherwise directed by the City, at all times Seller shall continue
performance under the Contract Documents while matters in dispute are being resolved. If the
parties are unable to resolve their dispute as described above within 30 days, the parties’ reserve
the right to pursue any available legal and/or equitable remedies for any breaches of this contract
except as that right may be limited by the terms of this Contract.

Should either party to the Contract suffer injury or damage to person or property because of any
act or omission of the party or of any of its employees, agents or others for whose acts it is
legally liable, a claim for damages therefore shall be made in writing to such other party as soon
as practicable after the first observance of such injury or damage.

Duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law.

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12. Cargo

A.5 CARGO PREFERENCE REQUIREMENTS

46 U.S.C. § 55305; 46 C.F.R. part 381

The Cargo Preference Act of 1954 requirements applies to all contracts involved with the transport of
equipment, material, or commodities by ocean vessel.

Cargo Preference - Use of United States-Flag Vessels

The contractor agrees:

a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to the underlying contract to the extent
such vessels are available at fair and reasonable rates for United States-Flag commercial vessels;

b. to furnish within 20 working days following the date of loading for shipments originating within the
United States or within 30 working days following the date of loading for shipments originating outside
the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for
each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of
Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient
(through the contractor in the case of a subcontractor's bill-of-lading.); and

c. to include these requirements in all subcontracts issued pursuant to this contract when the
subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

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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

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DELINQUENT PERSONAL PROPERTY STATEMENT

, hereby affirms under oath, pursuant to New Hampshire State Code,
that at the time the bid was submitted by (company) was / was not (please circle
one) charged with delinquent personal property taxes on the General Tax List of Personal Property for 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 *
Company Signed By
Name & Title Date
State of
County of
SWORN TO BEFORE ME THIS DAY OF ,20-
NOTARY PUBLIC
SEAL

MY COMMISSION EXPIRES

* Mark “N/A” if not applicable

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City of Nashua

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

April 14, 2021
Memo #21-106

TO: Mayor Donchess
Finance Committee

SUBJECT: Vehicle: Service Truck in the amount of $79,783.52 funded from accounts CERF/81500
Vehciles

Please see attached communications from Camille Pattison, Transportation Manager, dated April 1, 2021
for project specific details related to this purchase. Below please find a summary of the purchase approval
request:

Item: 2022 Ford 350XL Truck which includes a plow, sander, trailer hitch & mounted
lights

Value: $79,783.52

Vendor: MHQ

Department: 186 Transportation
Source Fund: $15,956.70 CERF/S63,826.82 Federal Transit Administration

Ordinance: 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: Nashua Transit, and the Purchasing Department respectfully
request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: S Marchant
J Graziano
C Pattison

. Community Development 589-3095
City of Nashua Planning and Zoning 589-3090

. soe Building Safety 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 Cea erograms mission covntoe
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 989-3119

Date: April 1, 2021
To: Jim Donchess, Mayor
From: Camille Pattison, Transit Administrator

Re: Finance Committee — Purchase of 1 Transit Utility Truck

The Transportation Department needs to replace the existing model year 2009 Chevy 3500 KS
utility truck. This vehicle is essential to the Transportation Department’s daily operations
including:

Plowing;

Landscaping;

Junk Removal;

Transporting staff while dropping off buses for maintenance and repairs;

Service calls for maintenance issues with the fleet;

Transportation to and from shelters for snow clearing, graffiti removal and general
maintenance;

Purchasing parts and supplies; and

e Transporting generators, power washers and other equipment between facilities.

The utility truck is included for replacement in the Nashua Transit System Transit Asset
Management Plan.

Nashua Transit System has negotiated a competitive price with MHQ, 401 Elm Street,
Marlborough, MA to provide (1) new and unused, model year 2021 Ford 350 XL truck. MHQ is a
responsive and responsible bidder. The vehicle will include a snowplow, sander, trailer hitch and
mounted lights.

The total cost of the replacement vehicle is $79,783.52, with 20% of funds coming from the CERF,
in the amount of $15,956.70, and 80% of funds from the Federal Transit Administration in the
amount of $63,826.82

CONTRACT TITLE: NTS UTILITY SERVICE TRUCK VEHICLE

The City of Nashua, Nashua Transit System (NTS), 11 Riverside Street, Nashua, NH 03062 selects MHQ,
401 Elm Street, Marlborough, MA 01752, to provide (1) new and unused, model year 2021 Ford 350 XL
truck vehicle. FTA Requirement/Clauses are attached as Exhibit A.

All Shipping costs must be included in the contract. The vehicle is to be delivered to the following
address between the hours of 8:00 am and 4:00 pm:

Nashua Transit System
11 Riverside Street
Nashua, NH 03062

The following will be used for required specifications for a TOTAL COST of $79,783.52

VEHICLE INFORMATION

VEH98 Vehicle #:

Exterior Color:

Oxford White

Year: 2021 Interior Color: Grey
Make: Ford Engine (as 6.7L Power Stroke Diesel
quoted):

Model: F350 Cylinders: 8

Trim Level & Drive XL Primary Fuel Type: | Diesel

Train:

Body Code & Equip F3H Secondary Fuel

Code: Type:

Vehicle Quantity: 1 Contract Base S

1 ) ) Price: ) —— )

ADDED FACTORY OPTIONS AND PACKAGES (PER VEHICLE)

Quantity | Supplier Factory | Package | MSRP: Discoun | Contra | Total Per Vehicle:

per Name: Code: / Option t%: ct Unit

Vehicle: Descripti Price:
on:

1 Ford 18B Running | $320.00 | 1% $316.8 | $316.80
Boards 0

1 Ford 41H Engine $100.00 | 1% $99.00 | $99.00
Block
Heater

1 Ford 41P Tranfer $100.00 | 1% $99.00 | $99.00
Case Skid
Plates

1 Ford 43C 110V/40 | $175.00 | 1% $173.2 | $173.25
ow 5
outlet

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1 Ford 473 Snow $250.00 | 1% $247.5 | $247.50
Plow 0
Prep

1 Ford 512 Spare $350.00 | 1% $346.5 | $346.50
Tire and 0
Wheel

1 Ford 52B Elec. $270.00 | 1% $267.3 | $267.30
Trailer 0
Brk.
Control

1 Ford 54L Power $632.00 | 1% $625.6 | $625.68
Heated 8
Tow
Mirrors

1 Ford 595 Fog $130.00 | 1% $128.7 | $128.70
Lamps 0

1 Ford 61S Front $75.00 1% $74.25 | $74.25
Splash
Gaurdes

1 Ford 67B 397 Amp | $115.00 | 1% $113.8 | $113.85
Alt. 5

1 Ford 872 Rear $415.00 | 1% $410.8 | $410.85
Veiw 5
Camera

1 Ford 90L Power $865.00 | 1% $856.3 | $856.35
Equip. 5
Group

1 Ford 98R Operator | $250.00 | 1% $247.5 | $247.50
Comman 0
d Regen.

1 Ford TBM AllTerain | $165.00 | 1% $163.3 | $163.35
Tires 5

1 Ford x4N Limted $360.00 | 1% $356.4 | $356.40
Slip Axle 0
w/4.30
Gear

If factory options exceed this space, include as a Factory Options $4,526.28

separate list & summarize above.

Total (per vehicle):

ADDED DISCOUNTS / INCENTIVES / CREDITS (PER VEHICLE)

Notes:

Grants $0.00
Tax Credits/Rebates $0.00
Promotional $0.00
Discounts

Volume Discounts $0.00

Total Additional

Incentives:

$0.00

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QUOTE FORM SUMMARY

Vehicle Leadtime to Dealer: Total Factory Options per $4,526.28
vehicle:

Upfit/Transfer Leadtime at Total Upfit per vehicle (next $34,907.24

Dealer: page):

TOTAL Order to Delivery Total Transfer per vehicle (next | $0.00

Leadtime: page):

{in weeks / Executive Agencies Contract Base Vehicle Price: $40,350.00

to Westboro)

Trade-in Details *(value listed to *Trade in Value:

the right): Total Additional Incentives: $0.00

(does not apply to Executive

Agencies)

TOTAL COST PER VEHICLE (including all add-ons and incentives): $79,783.52

VEHICLE QUANTITY: 1

TOTAL PURCHASE PRICE (including Trade-In Value): $79,783.52

ADDED ACCESSORIES/UPFIT (PER VEHICLE)

Quantity
per
Vehicle:

Supplier
Name:

Supplie
r
Option

#:

Accessor
y / Upfit
Descripti
on:

MSRP:

Discoun
t%:

Contra
ct Unit
Price:

Total Per Vehicle:

1 Reading

9' Low
profile
Utility
Body

$8,895.
00

1%

$8,806.

05

$8,806.05

1 Reading

Sliding
Draw
option, 2
L front
compart
ment, 1
in each
center
Compart
ment

$1,445.
00

1%

$1,430.

55

$1,430.55

1 Ctech

Mechani
cs Tool
Box

$1,286.
71

1%

$1,299.

71

$1,299.71

1 Rhino

Rhino
inluding
Compart
ment
Tops

$905.00

1%

$895.7

$895.95

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