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Finance Committee - Agenda - 2/20/2019 - P24

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 02/15/2019 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/20/2019 - 00:00
Page Number
24
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022020…

41)

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INVOICING
All requests for payment related to NTS’s orders shail be mailed to the address below.

Accounts Payable

City of Nashua

229 Main St.

Nashua, New Hampshire 03060

NOTE: No finance charges shall be paid by NTS, and 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.

DELINQUENT PERSONAL PROPERTY STATEMENT

Each Bidder is required to submit with its proposal a statement affirmed under oath that they are not
charged at the time of bid was submitted with any delinquent personal property taxes on the general
tax list of personal property in Hillsborough County, New Hampshire. Bidder shall indicate if
applicable, the amount of such due and unpaid delinquent taxes aud any due and unpaid penalties
and interest thereon. Ifthe statement indicates that the taxpayer was charged with any such taxes,
copy of the statement shall be transmitted to the county treasurer within thirty (30) calendar days
of the date it is reviewed.

<This affidavit must be on the form provided by NTS, which is enclosed with this bid package>

DISCLOSURE OF LOBBYING ACTIVITIES

Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.

Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, ef seq. |

°

Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are
mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act
of 1995, and DOT implementing regulation, "New Restrictions on Lobbying,” at 49 CFR §
20.110(d)

Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7,
which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.

Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.

Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49
CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying,"
61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of
1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an
award of $100,000 or more shall file the certification required by 49 CFR part 20, “New Resirictions
on Lobbying.” 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 shall also disclose the name of any registrant under the
Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal
funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such

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Finance Committee - Agenda - 2/20/2019 - P24

Finance Committee - Agenda - 2/20/2019 - P25

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 02/15/2019 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/20/2019 - 00:00
Page Number
25
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022020…

44)

45)

46)

AT)

48)

disclosures are forwarded from tier to tier up to the recipient.

<This affidavit must be on the form provided by NTS, which is enclosed with this bid package>
NO GOVERNMENT OBLIGATION TO THIRD PARTIES

(1) The Purchaser and Bidder acknowledge and agree that, notwithstanding any concurrence by
the Federal Government in or approval of the solicitation or award of the underlying contract,
absent the express written consent by the Federal Government, the Federal Government is not
a party to this contract and shall not be subject to any obligations or liabilities to the
Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to
any matter resulting from the underlying contract.

(2) The Bidder agrees to include the above clause in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.

USE OF FEDERAL FUNDS

Please note that federal funds may be used with regard to this specification. The Federal
Transportation Administration has awarded or may be awarding a grants to NTS to provide the
federal share of the equipment to be purchased within this specification.

RECORD RETENTION

The successful Bidder must retain in its files of business activity records with for a period of three (3)
years per 49 CFR § 18.36 (i) (11).

PRE-AWARD AND POST-DELIVERY AUDIT (ROLLING STOCK PURCHASES ONLY)

The Bidder agrees to comply with 49 U.S.C. § 5323(1) and FTA's implementing regulation at 49
CFR Part 663 and to submit the following certifications:

(1) Buy America Requirements: The Bidder shall complete and submit a declaration certifying
either compliance or noncompliance with Buy America. If the Bidder certifies compliance
with Buy America, it shall submit documentation which lists |} component and
subcomponent parts of the rolling stock to be purchased identified by manufacturer of the
parts, their country of origin and costs; and 2) the location of the final assembly point for the
rolling stock, including a description of the activities that will take place at the final assembly
point and the cost of final assembly.

(2) Solicitation Specification Requirements: The Bidder shall submit evidence that it will be
capable of meeting the bid specifications.

(3) Federal Motor Vehicle Safety Standards (FMVSS): The Bidder shall submit 1} manufacturer's
FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS

or 2) manufacturer's certified statement that the contracted buses will not be subject to
FMVSS regulations.

(4) The Bidder shall submit a copy of the Altoona Test Report. (prior to the delivery of any buses)
<This affidavit must be on the form provided by NTS, which is enclosed with this bid package>

CIVIL RIGHTS
The following requirements apply to the underlying contract:

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Finance Committee - Agenda - 2/20/2019 - P25

Finance Committee - Agenda - 2/20/2019 - P26

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 02/15/2019 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/20/2019 - 00:00
Page Number
26
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022020…

49)

50)

(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §

6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity - The following equal employment opportunity requirements

apply to the underlying contract:

(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights

Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C, § 5332, the
Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41
CFR Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment
Opportunity,” as amended by Executive Order No. 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000¢ note), and with any
applicable Federal statutes, executive orders, regulations, and Federal policies that may in
the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are employed, and that

employees are treated during employment, without regard to their race, color, creed,
national origin, sex, or age. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff
or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.

(b} Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967,

as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor
agrees to refrain from discrimination against present and prospective employees for reason
of age. In addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.

(c} Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as

amended, 42 U.S.C, § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29
CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.

(3) The Bidder also agrees to include these requirements in each subcontract financed in whole or

in part with Federal assistance provided by FTA, modified only if necessary to identify the
affected parties.

NOTICE OF FEDERAL REQUIREMENTS

Federal Changes (49 CFR Part 18) - Contractor shali 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 Purchaser and FTA, as they may be amended or
promulgated from time to time during the term of this contract. Contractor’s failure to so comply
shall constitute a material breach of this contract.

AMERICANS WITH DISABILITIES ACT

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Finance Committee - Agenda - 2/20/2019 - P26

Finance Committee - Agenda - 2/20/2019 - P27

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 02/15/2019 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/20/2019 - 00:00
Page Number
27
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022020…

$1}

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>

The Bidder agrees to comply with all applicable requirements of the Americans with Disabilities Act

of 1990 (ADA) 42 USC § 11401 et sec: Section 504 of the Rehabilitation Act of 1973, as amended, 19
USC § 792, 49 USC § 5301(d); and the Federal Regulations including any amendments thereto: 49
CFR Part 27, 49 CFR Part 38; 28 CFR Part 35; 28 CFR Part 36; 41 CFR Subpart 101-19; 29 CFR

Part 1630; 47 CFR Part 64, Subpart F; and 49 CFR Part 609, These regulations provide that no
handicapped individual, solely by reason of his or her handicap, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity included in or
resulting from this Agreement.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS

(t)

(3)

The Bidder acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud
Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project. Upon
execution of the underlying contract, the Contractor certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made,
pertaining to the underlying contract or the FTA assisted project for which this contract work
is being performed. In addition to other penalties that may be applicable, the Contractor
further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to
impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to
the extent the Federal Government deems appropriate.

The Bidder also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.

The Bidder agrees to include the above two clauses in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not
be modified, except to identify the subcontractor who will be subject to the provisions.

PRIVACY

The following requirements apply to the Bidder and its employees that administer any system of
records on behalf of the Federal Government under any contract:

(1) The Bidder 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 Bidder agrees to obtain the express consent of the
Federal Government before the Bidder or its employees operate a system of records on behalf
of the Federal Government. The Bidder understands that the 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 tn
termination of the underlying contract.

(2) The Bidder also agrees to include these requirernents 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.

LABOR PROVISIONS —- CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

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Finance Committee - Agenda - 2/20/2019 - P27

Finance Committee - Agenda - 2/20/2019 - P28

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 02/15/2019 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/20/2019 - 00:00
Page Number
28
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022020…

54)

55)

Pursuant to Department of Labor regulations, "Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards
Provisions Applicable to Non-construction contracts subject to the Contract Work Hours and
Safety Standards Act),” 29 CFR, Part 5, and pertaining to all federally-assisted non-construction
contracts of $2,500 let by THE AUTHORITY, the affected Contractor shall comply with the
following provisions:

Overtime requirements - No contractor or subcontractor 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 forty 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 forty hours in such workweek.

Violation; ability for unpaid wages; liquidated damages - fn the event of any violation of
the clause set forth in paragraph (1) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States 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 paragraph (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 forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.

Withholding for unpaid wages and liquidated damages - The (write in the name of the
grantee) shal] upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federaily-assisted contract subject to the
Contract Work Hours and 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
paragraph (2) of this section.

Subcontracts - The contractor or subcontractor shail insert in any subcontracts the clauses set
forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors
to inchide these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set
farth in paragraphs (1) through (4) of this section.

LIQUIDATED DAMAGES {Rolling Stock)

There shalt be a penalty of $100.00 per calendar day as liquidated damages in the event the project is
not completed by the pre-established completion date set forth in the contract or proposal. The
charge so stated is an estimate of the minimum cost incurred by the late completion and said shall be
deducted from the Bidder's iast payment request, or invoiced in the event that no funds are owed.

FLY AMERICA (WHERE APPLICABLE)

The Bidder agrees to comply with 49 U.S.C, 40118 (the "Fly America” Act) in accordance with
the General Services Administration's regulations at 41 CFR Part 301-10, which provide that
recipients and sub recipients of Federal funds and their contractors are required to use U.S. Flag air
carriers for U.S. 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. The Bidder shall submit, if a foreign air
carrier was used, an appropriate certification or memorandum adequately explaining why service
by a U.S, flag air carrier was not available or why it was necessary to use a foreign air carrier and

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Finance Committee - Agenda - 2/20/2019 - P28

Finance Committee - Agenda - 7/6/2022 - P40

By dnadmin on Sun, 11/06/2022 - 21:47
Document Date
Fri, 07/01/2022 - 09:35
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 07/06/2022 - 00:00
Page Number
40
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__070620…

The H.L. Turner Group inc.

27 Locke Road Concord, NH 03301

4: 603.228.1122 hiturner.com

Nashua Riverfront Development Project
Final Engineering Design

5/11/2022
TASK DESCRIPTION WORKIDOURS TOTAL
PM Structural PE Sr PD Tc HOURS
Permit Support 8 24 4 36
0
0
0
0
0
TOTAL HOURS 8 it) 24 0 4 36
ESTIMATED ENGINEERING COSTS
Work Estimated
Hours Hourly Rate Costs
Project Manager (PM} 8 $ 150.00 $ 1,200,00
Structural! Engineer (Structural} 0 § 185.00 $ -
Project Engineer (PE} 24 $ 130.00 $ 3,120.00
Sr. Project Designer | (Sr PD) fs) $ 105.00 $ .
Technical Coordinator (TC} 4 § 100.00 $ 400.00
| 36 Total Fully Surdened Labor $ 4,720.00
Subcensultant $ -
Expenses $ 280.00
Estimated Direct Costs $ 280.00
TOTAL ESTIMATED COST= $ 5,000.00

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Finance Committee - Agenda - 7/6/2022 - P40

Finance Committee - Agenda - 2/20/2019 - P29

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 02/15/2019 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/20/2019 - 00:00
Page Number
29
Image URL
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36)

57)

shall, in any event, provide a certificate of compliance with the Fly America requirements. The
Contractor agrees to include the requirements of this section in all subcontracts that may involve
international air transportation.

BUS TESTING

The Bidder [Manufacturer] agrees to comply with 49 U.S.C. A 5323{c) and FTA’s implementing
regulation at 49 CFR Part 665 and shall perform the following:

1) A manufacturer of a new bus model or a bus produced with a major change in components or
configuration shall provide a copy of the final test report to the recipient at a point in the
procurement process specified by the recipient which will be prior to the recipient's final
acceptance of the first vehicle.

2) A manufacturer who releases a report under paragraph | above shall provide notice to the
operator of the testing facility that the report is available to the public.

3) Ifthe manufacturer represents that the vehicle was previously tested, the vehicle being sold
should have the identical configuration and major components as the vehicle in the test report,
which must be provided to the recipient prior to recipient's final acceptance of the first
vehicle. If the configuration or components are not identical, the manufacturer shal] provide a
description of the change and the manufacturer's basis for concluding that it is not a major
change requiring additional testing.

4) Ifthe manufacturer represents that the vehicle is "grandfathered" (has been used in mass
transit service in the United States before October 1, 1988, and is currently being produced
without a major change in configuration or components), the manufacturer shall provide the

name and address of the recipient of such a vehicle and the details of that vehicle's
configuration and major components.

<This affidavit must be on the form provided by NTS, which is enclosed with this bid package>

INSURANCE AND TAXES

The Bidder shal! obtain and maintain in full force and effect throughout the term of the contract,
such insurance and Workers Compensation Insurance as set forth herein. The Bidder shall assume
full financial responsibility for its personnel, including all deductions of Social Security and
withholding taxes and required contributions to state and federal unemployment compensation
funds. Awarded Bidder shall include all Subcontractors as insured under ifs policies or shall
furnish separate certificates or endorsements for each Subcontractor. All Subcontractors shall be
subject to all of the requirements stated herein.

Bidder shall provide Certificates of Insurance evidencing such coverage to NTS before the
commencement of any work under any contract resulting from this proposal,

A. Comprehensive General Broad Form or Commercial General Liability: $1,000,000 per
occurrence and $2,000,000 annual aggregate covering bodily injury, personal injury and
property damage.

Motor Vehicle Liability: $1,000,000 Combined Single Limit. Coverage must include all owned,
non-owned and hired vehicles.

B. The City of Nashua must be named as an additionally insured.

C. AH bidders and subcontractors at every tier under the Bidder will fully comply with NH
RSA Chapter = 281-A = “Workers’ Compensation”. Statutory coverage, —,
$100,000/$500,000/$100,000. The policy shall be endorsed to waive the insurer's

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Finance Committee - Agenda - 2/20/2019 - P29

Finance Committee - Agenda - 2/20/2019 - P30

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 02/15/2019 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/20/2019 - 00:00
Page Number
30
Image URL
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58)

59}

60)

61)

subrogation rights against The City of Nashua.
Insurance is to be placed with admitted insurers rated by A.M. Best Co. as A: VIL or higher.

Each of the above-required policies shall be endorsed to provide within thirty (30) days prior written
notice of cancellation. NTS is not liable for the payment of premiums or assessments on the policy.
No cancellation provisions in the insurance policy shall be construed in derogation of the
continuing duty of the awarded Bidder to furnish insurance during the term of any contract

resulting from this proposal,

None of the requirements as to types and limits to be maintained by Bidder are intended to and
shall not in any manner limit or qualify the liabilities and obligations assumed by Bidder under this
contract. The City of Nashua shal! not maintain any insurance on behalf of Bidder.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

The preceding provisions include, in part, certain Standard Terms and Conditions required by
DOT, whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.] F are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shali be
deemed to control in the event of a conflict with other provisions contained in this Agreement. The
Bidder shalk not perform any act, fail to perform any act, or refuse to comply with any requests
which would cause this procurement to be in violation of the FTA terms and conditions.

PUBLIC RECORDS

Under State of New Hampshire law, the documents (including but not limited to written, printed,
graphic, electronic, photographic or voice mail materials and/or transcriptions, recordings or
reproductions thereof) submitted in response to this request for proposals (the “documents”)
become a public record upon submission to NTS, subject to mandatory disclosure upon request
by any person, unless the documents are exempted from public disclosure by a specific provision
of law.

GRATUITIES

Neither the Bidder nor any person, firm, or corporation employed by the Bidder shall give,
directly or indirectly, to any employee or agent of NTS, any gift, money, or anything of value, or
any promise, obligation, or contract for future reward or compensation, during the proposal
process or during the performance of any contract period resulting from this proposal.

GOVERNING LAW

The Agreement, which may ensue under this solicitation, shall be governed exclusively by the
federal laws of the United States of America and the laws of the State of New Hampshire. THIS
AGREEMENT WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION
ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS OR BY THE
PROVISIONS OF ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE, THE
APPLICATION OF WHICH IS EXPRESSLY EXCLUDED.

The laws of the State shall govern the rights, obligations, and remedies of the parties. Whenever
there is no applicable state statute or decisional precedent governing the interpretation of, or
disputes arising under or related to, this contract, then Federal common law, including the law
developed by Federal boards of contract appeals, the United States Claims court (formerly the
Court of Claims), and the Comptroller General of the United States, shail govern. Venue of any
action shall lie exclusively in the County of Hillsborough, New Hampshire. This is the complete
agreement between the parties. If any provision of the contract is find to be invalid or
unenforceable, the remaining provisions shall not be impaired.

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Finance Committee - Agenda - 2/20/2019 - P30

Finance Committee - Agenda - 2/20/2019 - P31

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 02/15/2019 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/20/2019 - 00:00
Page Number
31
Image URL
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a

on

. THE CITY OF NASHUA “the Gate City

Financial Services

Purchasing Department

February 14, 2019
Memo #19-118

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | PURCHASE OF ONE (1) VAC-CON COMBINATION JET/VACUUM SEWER CLEANER
(VALUE: $395,700)
DEPARTMENT: 169 WASTEWATER; FUND: WERF

Please see the attached communication from David L. Boucher, Superintendent Wastewater Department
dated January 31, 2019 for the information related to this contract.

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

The Superintendent Wastewater Department, the Board of Public Works (January 31, 2019 meeting) and
the Purchasing Department recommend the purchase of this vehicle in an amount of $395,700 from
Atlantic Machinery of Silver Springs, MD.

Respectfully, 9

at J TRS lf
Fe fot) “fl 2 ——.

Dan Kooken
Purchasing Manager

Cc: D Boucher L Fautuex

229 Main Street » Nashua, New Hampshire 03061 © Phone (603) 589-3330 « Fax (603) 589-3233 |

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Finance Committee - Agenda - 2/20/2019 - P31

Finance Committee - Agenda - 2/20/2019 - P32

By dnadmin on Mon, 11/07/2022 - 13:13
Document Date
Fri, 02/15/2019 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/20/2019 - 00:00
Page Number
32
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__022020…

To:
From:
Re:

B. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: January 31, 2019
David Boucher, Superintendent Wastewater Department
Purchase of One Vac-Con Combination Jet/Vacuum Sewer Cleaner

To approve the purchase of one 2017 Vac-Con Combination Jet/Vacuum Sewer
Cleaner from Atlantic Machinery of Silver Spring Maryland for the contract price
of $395,699.63. Pricing for the purchase will be off the Sourcewell Contract:
122017-AMI. Funding will be through Department: 169 Wastewater;

Fund: WERF; Account Category 81 - Capital.

Quote sheet and specifications

The Wastewater Department needs to replace the Vactor truck #171. It is a 2005
International 7400 equipped with a Vactor 2100 Series Combination Jet/Vacuum
package that has been out of service for extensive corrosion to the debris body
causing inadequate vacuum seal and the positive displacement blower has had a
catastrophic failure, both would require replacement that outweigh the value of
the equipment. Truck #171 will be replaced by a 2017 Freightliner model 114SD
chassis equipped with a Vac-Con VPD4211HEN/1300 single engine
Combination Jet/Vacuum Sewer Cleaner. This truck is being purchased off the
dealer as a demonstrator model and comes fully equipped with extended
warranties and onsite factory training for the operators. The dealer will perform
all services and checks prior to delivery.

The new truck will be out-fitted with the similar equipment as the old truck. By
purchasing a demonstrator the City of Nashua will save over the price of a new
truck and take advantage of several additional options at significant savings.

The chassis of old truck #171 is being evaluated for use as a dedicated Jet truck
to assist with backups when demand is high.

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Finance Committee - Agenda - 2/20/2019 - P32

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