Search

Al. Buy America Requirements (Rolling Stock).

Seller agrees to comply with 49 U.S.C. 5323G) and 49 C.F.R. Part 661, which
provide that Federal funds may not be obligated unless steel, iron, and manufactured
products used in FTA- funded projects are produced in the United States, unless a waiver
has been granted by FTA or the product is subject to a general waiver. General waivers are
listed in 49 C.F.R. 661.7, separate requirements for rolling stock are set out at 49 U.S.C.
5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States
and have at least a 65% percent domestic content for all rolling stock delivered through FY
19. In FY 20 and beyond, rolling stock must be assembled in the United States and have at
least a 70% percent domestic content.

42. Cargo Preference.
For contracts involving equipment, materials or commodities which may be transported by

ocean vessels. These requirements do not apply to micro-purchases ($3,500 or less, except
for construction contracts over $2,000).

Seller shall: a. use privately owned US-Flag commercial vessels to ship at least 50% 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
US flag commercial vessels; b. furnish within 20 working days following the loading date
of shipments originating within the US or within 30 working days following the loading
date of shipments originating outside the US, a legible copy of a rated, "on-board"
commercial bill-of-lading in English for each shipment of cargo described herein to the
Division of National Cargo, Office of Market Development, Maritime Administration,
Washington, DC 20590 and to the recipient (through Seller in the case of a subcontractor's
bill-of-lading.); and c. include these requirements in all subcontracts issued pursuant to this
contract when the subcontract involves the transport of equipment, material or
commodities by ocean vessel.

43. 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).

Seller 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. Seiler shali 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. Seller shall include the .requirements of this section in all
subcontracts that may involve international air transportation.

14

44. Contract Work Hours and Safety Standards Act.

(a) Overtime requirements — Neither the Seller or any subcontractors contracting for
any part of the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in which
he or she is employed on such work to work in excess of 40 hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.

(b) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in para. (1) of this section, Seller and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, Seller and such
subcontractor shall be liable for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in para. (1) of this section, in the sum
of $10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of 40 hours without payment of the overtime wages
required by the clause set forth in para. (1) of this section.

(c) Withholding for unpaid wages and liquidated damages - the City shall upon its own
action or upon written request of USDOL withhold or cause to be withheld, from any
moneys payable on account of work performed by Seller or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any other
federally assisted contract subject to the Contract Work Hours & Safety Standards Act,
which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in para. (2) of this section.

(4) Subcontracts - Seller or subcontractor shall insert in any subcontracts the clauses set
forth in this section and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. Prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in this section.

45. Force Majeure. The Seller shall not be liable to the City for any failure,
delay or interruption of service or for any failure or delay in the performance of any
obligation under this Contract due to acts of God, governmental restrictions, enemy action,
civil commotion, unavoidable casualty, unavailability of fuel or parts, strikes, labor unrest
or other acts beyond the reasonable control of the Seller. The Seller shall resume service
upon removal or cessation of the cause of delay or interruption.

46. Privacy.
The following requirements apply to the Seller and its employees that administer any

system of records on behalf of the Federal Government under any contract:

(a) The Seller agrees to comply with, and assures the compliance of its employees
with, the information restrictions and other applicable requirements of the Privacy Act of
1974, 5 U.S.C.§ 552a. Among other things, the Seller agrees to obtain the express
consent of the Federal Government before the SELLER or its employees operate a
system of records on behalf of the Federal Government. The Seller understands that the

15

requirements of the Privacy Act, including the civil and criminal penalties for violation
of that Act, apply to those individuals involved, and that failure to comply with the
terms of the Privacy Act may result in termination of the underlying contract.

(b) The Seller also agrees to include these requirements in each subcontract to
administer any system of records on behalf of the Federal Government financed in whole
or in part with Federal assistance provided by FTA.

47. Federal Participation, Laws, Regulations and Assistance. Seller shall at all
times 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 this contract. Seller’s failure to so comply shall constitute a material
breach of this contract.

The City is supported by assistance from the Federal Transit Administration financial
assistance. This Contract is subject to the terms of financial assistance contracts
between the City and the US Department of Transportation. The Seller shail comply
with existing and future federal requirements while providing services under this
Contract.

48. Interest of Members of or Delegates to Congress.

No member of or delegate to the Congress of the United States shall be admitted to any
share or part of this contract or to benefit thereof.

16

IN WITNESS WHEREOEF, the parties hereto have executed this Contract.

SELLER
Dated: , 2019 By
Name:
Title:
Duly Authorized
CITY OF NASHUA
Dated: , 2019 By:

James W. Donchess, Mayor
Duly Authorized

17

Exhibit A
Price Sheet

Proposal Form

Proposer stall conmiete the following fom aid Inclade iy ihe prea Prenogal.

Pom Dor? Low Ficor Cutaway Vans”

¢ Dopatimunt
a Bivent

re GARGD

The widersigged hageby offers ta far ara yay Vaatr at the prices quoted. tislew
® santaoaasce with the-tenng, a ty whi “4

aod aad whieh are ; soctedd ape axchis
leh ah, State avid local exes. “Thee rites quniedl incaede ail casis f to ry
cicabion lenving. covis, find any other snversrteat charg are now oF
cena. ter be ¢ aupplied, and-any other charged / srovls assoclated In the

oB :
yp BL * enky Papered ow 1b
furmighing o of ihe Hemi to be eengtied,

o.

PLEsse Paoor Reap Your Bin Cageruliy!

TTEA DESCHTOTRIS 2D PRES
Prontrunner FR-108 g TB 27S.00 & 112 375.00
Additions Requested Equipment Gee Attachment] 4 10.816,00 5 36,893.00

Pronirunner PR-100 Basiand Final g

_Mew England Wheels ING.

iomgamy

32 Mevaing
Htc
Bilerica, MA Oe
Oy. Bais, 2IP;

ny
oT Licadn — S
Kggtin Fee aegyi /#4) 10
ne wt ane AL Spaheats aS $ rn .
S78882-872%

18

Option Pricing fer the City of Nashua, NH
RFPO152-071519

Hanover . ’ aa & Side
Slamond SV Fare Box
REI Monitor with

Walker

Note: Suspension Software refers an annual renewal. ist yaaris included

19

Exhibit B

Insurance

The insurance requirement specified in this section shall apply to Seller and any
subcontractors, suppliers, temporary workers, independent contractors, leased employees,
or any other persons, firms or corporations that Seller authorizes to work under this
Contract (Hereinafter collectively referred to as “Agents”). Seller is required to procure
and maintain at its sole cost and expense the insurance coverages subject to all of the
requirements set forth below. Seller is also required to assess the risks associated with the
work to be performed by Agents under subcontract and to include in every subcontract the
requirement that the Agent maintain adequate insurance coverages with appropriate limits
and endorsements to cover risks; the limit for the commercial general liability insurance in
each subcontract shall not be less than $1 million. Such insurance shall remain in full force
and effect throughout the term of this Contract. To the extent that any Agent does not
procure and maintain such insurance coverage, Seller shall be responsible for said coverage
and assume any and all costs and expenses that may be incurred in securing said coverage
or fulfilling Contractor’s indemnity obligation as to itself or any of its Agents in the
absence of coverage. In the event Seller or its Agents procure excess or umbrella coverage
to maintain certain requirements outlined below, these policies shall also satisfy all
specified endorsements and stipulations, including provisions that the Contractor’s
insurance be primary without any right of contribution from the City of Nashua. Prior to
beginning work under this contract, Seller shall provide the City of Nashua with
satisfactory evidence of compliance with the insurance requirement of this section.

1. Types of Insurance
Workers’ Compensation and Employers’ Liability Insurance

a. Workers’ Compensation with Statutory Limits as required by law.
b. Employer’s Liability coverage with minimum limits of $1 million.
c. Such insurance shall include the followimg endorsement as further
detailed in the Endorsements Section below:
e Waiver of Subrogation in the Endorsement Section.

Commercial General Liability Insurance for bodily injury and property
damage coverage with a combined single limit for bodily injury and property
damage of at least $1 million. Such insurance shall cover all of Contractor’s
operations both at and away from the project site.

a. The insurance shall include coverage for, but not be limited to:

Premises and operations.
Contractual liability.
Personal injury.
Advertising injury.
Explosion, collapse, and underground coverage (xcu).

e Broad form property coverage.
b. Such insurance shall include the following endorsements as further

detailed in the Endorsements Section below:
e Additional Insured.

20

e Cross Liability or Severability of Interests Clause.
@ Primary and Non-Contributory wording.
@ Waiver of Subrogation.

Product Liability for products and completed operations coverage of at least
$10 million for a period of five (5) years after acceptance of the last Low
Floor Cutaway Van delivered under this contract.

Business Automobile Liability Insurance providing bodily injury and
property damage with combined single limit of at least $5 million per
occurrence.
a. This insurance shall include coverage for, but not be limited to:
e All Owned vehicles.
e Non-owned vehicles.
e Hired or rental vehicles.
b. Such insurance shall include the following endorsements as further
detailed in the Endorsements Section below:
e Additional insured.
e Primary and Non-Contributory wording.
e Waiver of Subrogation.

Property Insurance. Property and/or transit insurance, whichever is
applicable, with Special Form coverage including theft but excluding
earthquake, with limits at least equal to the replacement cost of the property
described below.
a. The insurance shall include coverage for, but not be limited to:
e Contractor’s own business personal property and equipment
to be used in performance of this Contract.
e Materials or property to be purchased and/or installed on
behalf of the City of Nashua, if any.
e Debris removal.
e Builders’ risk for property in the course of construction.
b. Such insurance shall include the following endorsement as further
detailed in the Endorsements Section below:
e Waiver of Subrogation.

2. Endorsements
Additional Insured The referenced policies and any Excess or Umbrella
policies shall include as Additional Insureds the City of Nashua and its directors,
officers, employees, volunteers and agents while acting in such capacity, and their
successors or assignees, as _ they now, or as they may hereafter be constituted,
singly, jointly or severally.

Waiver of Subrogation The referenced policies and any Excess or Umbrella
policies shall contain a waiver of subrogation in favor of the City of Nashua and
its officers, directors, employees, volunteers and agents while acting in such

21

capacity, and their successors and _assignees, as they now, or as they may
hereafter be constituted , singly, jointly or severally.

Primary Insurance The referenced policies and any Excess or Umbrella
policies shall indicate that they are primary to any other insurance and the
insurance company(ies) providing such policy(ies) shall be liable thereunder
for the full amount of any loss or claim, up to and including the total limit of
liability, without right of contribution from any of the insurance affected or which
may be affected by the City of Nashua.

Severability of Interests or Cross Liability The referenced policies and any
Excess or Umbrella policies shall contain either a Cross Liability endorsement
or Severability of Interest Clause and stipulate that inclusion of the City of
Nashua as an Additional Insured shall not in any way affect the City of
Nashua’s rights either as respects any claim, demand, suit or judgment made,
brought or recovered against the Contractor. Said policy _ shall protect Seller and
the City of Nashua in the same manner as though a separate policy had been
issued to each, but nothing in said policy shall operate to increase the

insurance company’s liability as set forth in its policy beyond the amount or
amounts shown or to which the insurance company would have been liable if
only one interest had been named as an insured.

. Evidence of Insurance

All Coverages — Prior to commencing work, Seller shall provide the City of
Nashua with a certificate of insurance evidencing coverage, and upon
request, a certified | duplicate original of the policy. The certificate shall also
show that the Contractor’s _ policy(ies) will not be cancelled or coverage altered
without 30 days prior written notice to the City of Nashua.

General Provisions

Notice of Cancellation — The policies shall provide that the Contractor’s
policies will not be cancelled or have limits reduced or coverage altered
without 30 days prior written notice to the City of Nashua.

Acceptable Insurers — All policies will be issued by insurers with a Best’s
Rating of A- 10 or better.

Self-Insurance — Upon evidence of financial capacity satisfactory to the City
of Nashua and Contractor’s agreement to waive subrogation against the City of
Nashua respecting any and all claims that may arise, Contractor’s obligation
hereunder may be satisfied in whole or in part by adequately funded self-
insurance.

Failure to Maintain Insurance — All insurance specified above shall remain

in force until all work to be performed is satisfactorily completed and the work
has been formally accepted. The failure to procure or maintain required

22

imsurance and/or an adequately funded self-insurance program will constitute
a material breach in of this Contract.

Occurrence Coverage — Insurance shall be provided on an occurrence basis and not
a claim-made basis.
Deductibles and Retentions — Seller shall be responsible for payment of any

deductible or retention on Contractor’s policies without right of contribution
from. the City of Nashua.

23