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By THE CITY OF NASHUA “the Gate €

Administrative Services
Purchasing Department

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October 14, 2020
Memo #21-037

TO: Mayor Donchess
Finance Committee

SUBJECT: Amendment to Transit Operations Contract from Funding Source 55690 Regular
Transportation ‘Services

Please see attached communications from Sarah Marchant, Community Development Divisional Director
dated September 28, 2020 for project specific details related to this purchase. Below please find a
summary of the purchase approval request:

Item: Contract Amendment to the existing 5-year contract for Transit Operations
Services

Value: $372,057

Vendor: First Transit

Department: 186 Transportation
Source Fund: 55690 Regular Transportation Services

Ordinance: Pursuant to § 5-84 Special purchase procedures A. (7) Purchases under extensions
of contracts when no price increase exceeds 10% per year.

The Director of Community Development, the Transportation Department and the Purchasing
Department respectfully request your approval of this contract.

Regards,

Kelly Parkinson
Purchasing Manager

Ce: S Marchant
J Graziano

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

. Community Development 589-3095
CG ity of N ash ua Planning and Zoning 589-3090

. sone Building Safety 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 Urban Programs sion aoanee
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119

Date: September 28, 2020
To: Donchess, Mayor
From: Sarah Marchant, Community Development Division Director

Re: AMENDMENT TO TRANSIT OPERATIONS CONTRACT

The Division of Community Development, Transportation Department is proposing a contract
amendment to the existing five-year contract for Transit Operations Services with First Transit.

In June of 2019, the City of Nashua entered into a five-year contract for Transit Operations with the
option to extend for up to three (3) years at one (1) year intervals with First Transit. The contract
was awarded through an RFP process in accordance with the City’s purchasing policy and the
FTA’s procurement guidelines.

The contract amendment changes the language to Section 5. Compensation a Contracting Fee as by
replacing the Variable Costs with the following:

Variable Year 1 Year 2 Year 2 Year 3 Year 4 Year 5
Costs; (7/1/20 - (12/1/20 -
11/30/20) 6/30/21)

$28.90/hr = $ 30.85/hr 9 33.82/hr gay aafhr = $35.96/hr —-$.37.06/hr

Since the original contract was executed, the transportation industry in the northeast has
experienced a significant decrease in available CDL and non-CDL drivers, driving up industry
wages in the region. Many surrounding transit and school bus agencies have struggled to
successfully hire and retain staff to maintain their operations and have had to raise wages
significantly. The COVID-19 situation has only exacerbated this situation. First Transit is
currently facing a dire situation where operation costs must rise in order to hire and maintain a fully
staffed operation. In order to do this the First Transit contract will be increased by $372,057 over
the remaining three and one half years of the contract, an increase of approximately 3% of the
overall cost.

The Transportation Department finds First Transit is a responsive and responsible contractor.

The proposed changes are shown on the following page.

1|Page

The contract amendment changes the language in Section 5. Compensation a. Contracting Fee —

Variable Costs and,

I. All language referring specifically to 5. Compensation a. Contracting Fee— Variable

Costs; shall be changed to the following:

Variable Costs; Year 1 Year 2 Year 3 Year 4 Year 5 Totals
Jul. 1, 20- | Dec. 1, 20-—
Nov. 30, 20 | Fun. 30, 21
Original Variable Rate $28.90 $30.85 $30.85 $32.29 $33.69 $35.33 $33.04
Average
New Variable Rate § 28.90 $ 30.85 3 33.82 $ 34.83 3 35.96 3 37.06 335.42
Average
Rate Adjustment $0.00 $0.00 $2.97 $2.54 $2.27 $1.73 $1.62
Average
Rate Adjustment Impact $0.00 $ 0.00 5 74,523 $ 115,734 | $103,299 | $78,501 | $372,056
based on Estimated Hours

2|Page

First Amendment to Agreement

By and between
City of Nashua, NH and First Transit

An agreement was made by and between the City of Nashua, whose address is 229 Main Street,
Nashua, NH 03061 (“City”) and First Transit, whose address is 1020 Center Street, Suite 16
Horseheads, NY 14845 on the 5“ day of June 2019 (“Agreement”) .

WHEREAS, Section 5 of the Agreement set forth compensation; and,

WHEREAS, Section 30 of the Agreement provides that all amendments to the Agreement be in
writing and executed by both parties specified the City agrees to pay the Contractor a variable

cost only for hourly costs the Contractor incurs while operating the service at a rate as follows:

NOW THEREFORE, in consideration of the mutual promises herein, the parties hereby mutually
agree as follows:

1. Section 5 a. “Contracting Fee” of the Agreement shall be amended by deleting the
following language:

Variable Costs; Year 1 Year 2 Year 3 Year 4 Year 5
$ 28.90/hr $ 30.85/hr $32.29/nr = =96$ 33.69/hr = 35.33 /hr

and replacing it with this language:

Year | Year 2 Year 2 Year 3 Year 4 Year 5
Variable (7/1/20 — (12/1/20 ~
Costs; 11/30/20) 6/30/21)

$28.90/nr $30.85/r $33.82/rr $34.83/hr $35.96/hr $37.06/br

2. All other terms and conditions of the Agreement not changed by this or prior
amendment(s) remain in full force and effect.

Effective Date:

City of Nashua First Transit

P\ THE CITY OF NASHUA “The Cate City’

Administrative Services
Purchasing Department

October: 14, 2020
Memo #21-038

TO: Mayor Donchess
Finance Committee

SUBJECT: Riverfront Lighting Installation from Funding Source $407,781 in FY21 Escrow and $200,000 in
TIFF funding

Please see attached communications from Sarah Marchant, Community Development Divisional Director dated
September 28, 2020 for project specific details related to this purchase. Below please find a summary of the
purchase approval request:

ltem: Installation of Riverfront Lighting to include the Cotton Transfer Bridge and the North
side of the Riverfront Walk

Value: $607,781 ($104,439 for Cotton Transfer Bridge & $502,342 for Northside Walk)

Vendor: Guardian Energy Management

Department: 181 Community Development
Source Fund: 55699 Other Contracted Services, 81100 Capital Improvemenis,
53999 Other Professional Services

Ordinance: Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall
be purchased by formal, written contract from the lowest responsible bidder, after due notice
inviting bids.

A competitive bidding RFP for this project was issued on June 1, 2020 and the following bids were received:

Vendor Location Amount Note

Moulison Biddeford $1,370,000 Incomplete bid, did not submit all Addenda
ME

Dagle Electrical Construction Plaistow NH | $3,558,000

Guardian Energy Management Marlborough | $859,569

Systems MA

We recommend this bid to be awarded to Guardian Energy Management who is the lowest total cost vendor who
met the RFP specified requirements.

The Community Development Division and the Purchasing Department respectfully request your approval of this
contract.

Regards,

Kelly Parkinson
Purchasing Manager

Ce: J Graziano
S Marchant

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

. Community Development 589-3005
Cc ity of N ash ua Planning and Zoning 589-3090

. ~e Building Safety 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 Cee orars mission 2RO.2108
Nashua, New Hampshire 03061-2019 Transportation 880-0100
WWw.nashuanh.gov FAX 589-3119

Date: September 28, 2020
To: Jim Donchess, Mayor
From: Sarah Marchant, Community Development Director

Re: Finance Committee — Installation of the Riverfront Lighting by Guardian Energy

The Downtown Riverfront Master Plan was approved in the fall of 2017 as the comprehensive
vision for Nashua’s downtown riverfront. Moving that plan forward, the City issued RFP 0365-
111918 and ultimately entered into contract with Lumen Studios to create a detailed lighting design
and electrical plan for the core downtown riverfront.

Working with Lumen Studios to elicit community feedback a quality, cost-effective, energy
efficient, and low-maintenance pedestrian scale lighting system was designed to connect the
community to their riverfront. Once installed, the lighting will provide improved public safety;
highlight the connectivity of trails, bridges, and walking paths; provide visual access to the river;
and illuminate the beauty and recreational opportunities of the river and its riverbanks.

Moving installation forward, the City issued a bid (IFB0285-070220) to complete a partial
installation of the lighting, focusing on the areas of the Riverfront that will not see substantial
modifications as part of the larger engineering and design project. Specifically the bid included
lighting for the Cotton Transfer bridge, the northern riverbank along the existing paved Riverwalk
trail (in front of Cotton Mill and the Greeley House) and Main Street bridge.

The City received three responses from Dagle Electrical Construction, Guardian Energy
Management and Moulison Heavy Electrical. The Moulison bid was disqualified as they did not
include all the required addenda.

Cotton Riverfront Main Street
Bid Responses Transfer Bridge Walkway Bridge Total
Dagle Electrical Construction $468,000 $2,428,000 $662,000 | $3,558,000
Guardian Energy
Management $105,439 $502,342 $251,788 | $859,569
Moulison Heavy Electrical* $195,000 $895,000 $280,000 | 51,370,000
* incomplete bid, did not submit all Addenda

Based on the lowest bid response, experience and qualifications the City entered into negotiations
with Guardian Energy Management to reduce the total scope to lower the overall cost of the project.
After clarifications of the project scope regarding access to electricity and removing the installation
of lighting on the Main Street Bridge the Community Development Division recommends awarding
the Riverfront Lighting Installation project to Guardian Energy Management for a final contract
price of $607,781, including $105,439 for the Cotton Transfer Bridge and $502,342 for the north
side of the riverfront walk.

MINIMUM SPECIFICATIONS AND STANDARDS:
SAFARILAND™ Manufacturing body armor:

A. National Institute of Justice (NI) Ballistic Resistance of Armor Standard 0101.06 and (NIJ) Stab Resistance of
Armor Standard 01115.00, unless and until new JI Standards are published and made effective.

B. Body armor offered must be identified and listed according to the applicable NIJ threat levels on the
attached pricing sheets. These levels are:

1.

2.

Ballistic Resistant Body Armor NIJ 0101.06

a. Level IIA

b. Level Il

c. Level Ill|A

Stab Resistant Body Armor NIJ 0115.00 (includes spike & edged blade)

a. Protection Class Spike Level 1, 2, 3 and Protection Class Edged Blade Level 1, 2, 3

3. Dual-Purpose Ballistic and Spike (and or edged blade)

a. All vests offered as dual purpose must have passed NIJ CTP testing under each product type,
provide documentation and be published on both appropriate Compliant Products List (CPL) to
be responsive.

4. Additional NIU-0101.06 Certified Body Armor Products (include CPL Model #)

a. Level lll-Hard armor or plate inserts, or Flexibte armor
b. Level lV-Harm armor or plate inserts or Flexible armor
c. Tactical Ballistic Body Armor model offered shall include CTP test results and identify the model

description number associated to the CPL.

€. (80 9001 Quality Assurance Certification (if pending, requires supporting documentation).

D. All body armor models including ballistic, concealable, tactical, ballistic/stab resistani and any other type of
body armor that include the option of additional trauma or hard armor plate protection shall have the plate
pocket permanently secured to the body armor carrier on three sides ( both sides and the bottom).

E. This contract will allow updates/upgrade to additional products as they become available upon mutual
agreement of the State.

F. Vests shall provide front, back and side protection per specifications below and must be available in both
male and female configuration for all sizes. Workmanship and construction details, cutting, stitching, and
finishing shall be in all cases in accordance with first-class commercial textile standard practices for the
intended purposes. All equipment must or exceed the following requirements.

Federal Standard NIJ-STD 0101.06 or any subsequent revision

Federal Standard No. 751, Stitches, Seams and Stitching

Six Point Adjustable Straps

Ballistic Panel Covers. Waterproof, permanently covered with semi-permeable material which allows
gases and heat to pass through, but prevents liquids and moisture from penetrating; moisture-vapor
banier, prevents fuels, body oils or repellents from contaminating the ballistic panel and will not cause
negative impact on waterproof properties of the cover

All suspension and fastening straps must be removable on both male and female vests

Trauma plates 5" x 8": soft

Vests shall be adjustable with removable suspension and fastening straps and shall provide front, back
and side protection and available in male & female sizes.

All sizing, measurements and final fitting shall be done at no expense to the State.

G. VESTCONFAIGURATION

This section shall describe the general configuration desired by the State of New Hampshire.

Vest type is slip-over style, covering most of upper torso; four neoprene or elastic straps with hook and
pile fasteners for adjustable positioning and comfort

Front ballistic panel is contoured, with scoop neck, to cover chest area approximately to collarbone
area; chest/bicep region cut with sufficient space to prevent initation and restriction during routine
duties.

Rear ballistic panel shall cover torso back (in a standing position), to within 4”(+}) of top of duty belt; and
in a sitting position to within 2"(+) of top of duty belt

Panels shall be removable by zipper or Velcro opening

H. VEST FIT
A factory-trained representative, distributor/decler, or a designated State Agency employee who has
been trained in the proper fitting of the vests, shall take individual measurements.

RFB #2377-21

Page 3

Installation Schedule

Nashua Riverwalk Grid Board Timeline
Oct 16, 2020 - Jun 25, 2021 —

Name ~“ Start ~“ Finish Durati...

1 © Contract Signed 10/16/202C 10/16/2020 1 day
2 ©) _ Project Kickoff 1/4/2021 1/4/2021 1 day
3 © _ Confirm Bill of Materials for Fixture Orders 1/5/2021 1/22/2021 14 days
4 © Site Work - Kickoff & Mobilization 3/15/2021 3/15/2021 1 day
5 ©) Order Materials & Lead Time 2/1/2021 5/3/2021 66 days
6 O Installation of Conduit on Cotton Transfer Bridge 4/5/2021 4/9/2021 5 days
7 oO Installation of Lighting on Cotton Transfer Bridge and Demolition of existing lighting 4/12/2021 4/23/2021 10 days
8 ©) Installation of Conduit and Pole Bases West of EX-1 4/12/2021 4/23/2021 10 days
9 (©) Installation of Conduit and Pole Bases East of EX-1 4/26/2021 5/7/2021 10 days
io 6 Installation of Poles and Lights West of EX-1 and Demolition of Existing Lighting 4/26/2021 5/14/2021 15 days
11. ©) _ Installation of Poles and Lights East of EX-1 and Demolition of Existing Lighting 5/10/2021 5/28/2021 15 days
2- O System Start-up and Testing $/31/2021 6/1/2021 2 days
133. © © Punchlist 6/2/2021 6/18/2021 13 days
4 OO Project Closeout 6/21/2021 6/25/2021 5 days

Pricing

Item / Scope Price
Cotton Transfer Bridge $105,439
Riverfront Walkway $502,342
Main Street Bridge Not in Scope
Dated:
Signed:

Domenic Armano, President
Guardian Energy Management Solutions, LLC

420 NORTHBORO ROAD CENTRAL, MARLBOROUGH, MA 01752
PHONE 508-597-1333, WWW.GUARDIAN-ENERGY.COM

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

This agreement is made:

BETWEEN the OWNER:

And the CONTRACTOR:

For the following Project:

City of Nashua, New Hampshire
229 Main Street
Nashua, NH 03060-2019

Guardian Energy Management Solutions
420 Northboro Read Central
Marlborough, MA 01752

and its successors, transferees and assignees
(together “CONTRACTOR”)

INSTALLATION OF OUTDOOR LIGHTING SYSTEMS FOR
NASHUA RIVERWALK. SCOPE INCLUDES COTTON
TRANSFER BRIDGE & RIVERFRONT WALKWAY AS PER
PLANS & SPECIFICATIONS.

ARTICLE 1 — THE CONTRACT DOCUMENTS

The CONTRACTOR shall complete the work described in the Contract Documents for this
project. The documents consist of:

1. This Agreement signed by the OWNER and CONTRACTOR, including the General
Terms and Conditions;

Scope of Work;

Awe wh

Agreement; and

Drawings and Specifications provided in the bid documents;

Payment and Performance Bonds, if applicable;

Insurance Certificate;

Written change orders for minor changes in the Work issued after execution of this

7. Fully Executed OWNER Purchase Order

The Contract represents the entire and integrated agreement between the parties and supersedes
prior negotiations, proposals, representations or agreements, either written or oral. Any other
documents which are not listed in this Article are not part of the Contract.

Page 1 of 12

In the event of a conflict between the terms of the Proposals and the terms of this Agreement, a
written change order and/or fully executed OWNER Purchase Order, the terms of this Agreement,
the written change order or the fully executed OWNER Purchase Order shall control over the
terms of the Proposals

ARTICLE 2 — WORK TO BE PERFORMED

Except as otherwise provided in this contract, CONTRACTOR shall furnish all services,
equipment, and materials and shall perform all operations necessary and required to carry out and
perform in accordance with the terms and conditions of the contract the work described.

ARTICLE 3 — PERIOD OF PERFORMANCE

CONTRACTOR shall perform and complete all work by SEPTEMBER 30, 2021 which date
shall only be altered by mutually approved written agreement to extend the period of performance
or by termination in accordance with the terms of the contract. CONTRACTOR shall begin
performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua.

ARTICLE 4 —- CONTRACT SUM

Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR,
in accordance with the Contract Documents, the Contract Sum of:

SIX HUNDRED SEVEN THOUSAND SEVEN HUNDRED EIGHTY-ONE DOLLARS AND
ZERO CENTS ($607,781.00)

The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.

ARTICLE 5 — INSURANCE AND INDEMNIFICATION

CONTRACTOR shall carry and maintain in effect during the performance of services under this
contract:
> General liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
ageregate;
> Motor Vehicle Liability: $1,000,000 Combined Single Limit;*Coverage must include all
owned, non-owned and hired vehicles; and
> Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$100,000/$500,000/$100,000.

The parties agree that CONTRACTOR shall have the status of and shall perform all work under
this contract as an independent CONTRACTOR, maintaining control over all its consultants, sub
consultants, or subcontractor’s. The only contractual relationship created by this contract is
between the OWNER and CONTRACTOR, and nothing in this contract shall create any
contractual relationship between the OWNER and CONTRACTOR’s consultants, sub
consultants, or subcontractor’s. The parties also agree that CONTRACTOR is not an OWNER
employee and that there shall be no:

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