Search

2s) THE CITY OF NASHUA "The Cate City’

Financial Services

Purchasing Department

March 26, 2020
Memo #20-092

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | FY21 UNLEADED FUEL CONTRACT - CITY OF NASHUA (VALUE ESTIMATED
$337,986)
DEPARTMENT: 186 TRANSPORTATION; FUND: VARIOUS DEPARTMENT'S

GENERAL FUNDS AND GRANT FUNDS

Please see attached communication to Mayor Jim Donchess from Camille Pattison, Transportation
Manager, dated March 18, 2020 for information related to this contract award.

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.

The Transportation Manager and the Purchasing Department recommend the award of the contract with
an estimated amount of $337,986 to Global Montello Group Corp. of Waltham, MA.

Respectfully

#
an Kooken
Purchasing Manager

Ce: C. Pattison J. Graziano

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

a Community Development 589-3095
City of Nash ua Planning and Zoning 589-3090

. soos Building Safety 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 roan Programs | iesion Cane
Nashua, New Hampshire 03061-2019 Transporiation 880-0100
www.nashuanh.gov FAX 589-3119

Date: March 18, 2020
To: Jim Donchess, Mayor
From: Camille Pattison, Transportation Manager

Re: Finance Committee — Unleaded Fuel Contract

Nashua Transit System (NTS) has seven (7) vans that are gasoline powered. FTA is requiring
Nashua Transit to have a fixed price contract for regular unleaded gasoline. As NTS shares the
fueling station with multiple city departments, we will all benefit from this contract rate. The bid
covers rates in FY21 with an option to extend in FY22.

A Bid was posted and sent to seven (7) vendors and we received three (3) responses from qualified
vendors as shown below:

1. Dennis K Burke, Inc. FY21 @$1.635 and FY22 @ $1.785 per gallon
2. Broco Oil, Inc. FY21 @ $1.59937 and FY22 @ $1.714 per gallon
3. Global Montello FY21 @ $1.5702 and FY22 @$1.629 per gallon

Based on the low bid and qualifications of Global Montello Group Corp. it is the recommendation
of the Transportation Department to accept them as a responsible and responsive vendor to receive
the contract for delivery for the City of Nashua.

The FY21 Estimated Usage (citywide) per the Purchasing Department is 215,250 @ $1.5702 per
gallon or $337,986.

We request that the Finance Committee approve a contract with Global Montello Group Corp. for
FY21 unleaded gasoline in the amount of $1.5702 per gallon and an option to extend for FY22 in
the amount of $1.629 per gallon.

w MELANSON

e For following up and taking corrective action on current year audit findings and
preparing a corrective action plan for such findings;

e For submitting the reporting package and data collection form to the appropriate
parties; and

e For making the auditor aware of any significant vendor/contractor relationships where
the vendor/contractor is responsible for program compliance.

With regard to the Schedule of Expenditures of Federal Awards referred to above, you
acknowledge and understand your responsibility (a) for the preparation of the Schedule of
Expenditures of Federal Awards in accordance with the Uniform Guidance, (b) to provide us with
the appropriate written representations regarding the Schedule of Expenditures of Federal
Awards, (c) to include our report on the Schedule of Expenditures of Federal Awards in any
document that contains the Schedule of Expenditures of Federal Awards and that indicates that
we have reported on such schedule, and (d) to present the Schedule of Expenditures of Federal
Awards with the audited financial statements, or if the Schedule will not be presented with the
audited financial statements, to make the audited financial statements readily available to the
intended users of the Schedule of Expenditures of Federal Awards no later than the date of
issuance by you of the Schedule and our report thereon.

With regard to the supplementary information referred to above, you acknowledge and
understand your responsibility (a) for the preparation of the supplementary information in
accordance with the applicable criteria, (b)to provide us with the appropriate written
representations regarding supplementary information, (c)to include our report on the
supplementary information in any document that contains the supplementary information and
that indicates that we have reported on such supplementary information, and (d) to present the
supplementary information with the audited financial statements, or if the supplementary
information will not be presented with the audited financial statements, to make the audited
financial statements readily available to the intended users of the supplementary information no
later than the date of issuance by you of the supplementary information and our report thereon.

As part of our audit process, we will request from management and, when appropriate, those charged

with governance, written confirmation concerning representations made to us in connection with
the audit.

800.282.2440 | melansoncpas.com

REGULAR &7 UNLEADED GASOLINE WITH A MAXIMUM 10% ETHANOL
AGREEMENT BETWEEN THE CITY OF NASHUA, NH

AND
GLOBAL MONTELLO GROUP CORP.
THIS AGREEMENT is made and entered into effective as of 2020 by and

Between the CITY of Nashua, located at 229 Main Street, Nashua, NH 03060 (the “CITY”) and
Global Montello Group, located at 800 South Street, Waltham, MA 02454 (the “CONTRACTOR”)

WITNESSETH

WHERAS, the CITY is desirous of obtaining Regular 87 Unleaded Gasoline with a Maximum
10% Ethanol for the City of Nashua. NOW, THEREFORE, in consideration of the foregoing
Recitals and covenants and agreements of each of the parties herein set forth, the parties do
agree as follows:

1. CONTRACTOR SERVICES

The CITY does hereby engage and retain the CONTRACTOR to deliver REGULAR 87 .
UNLEADED GASOLINE WITH A MAXIMUM 10% ETHANOL.

2. COMMENCEMENT AND TERM

Deliveries shall commence upon the full execution of this Agreement and shall proceed
diligently and in good faith from July 1, 2020 through June 30, 2021 — with an option to
extend for up to one (1) year.

® The CONTRACTOR will deliver quantities requested to all specified City locations
within a 24-hour time period. Friday requests will be delivered on Monday.

e The CONTRACTOR’s drivers will take precautions to prevent spillage during
deliveries. Driver will immediately notify CITY of Nashua personnel of problems
resulting from defective equipment at any of our delivery locations in Nashua,
NH. The City of Nashua will not be responsible for spillage during deliveries.

® Quantity of 215,250 gallons stated as an estimate based on history and
anticipated needs. The CITY shall not be bound to this specific quantity to fulfill
the agreement.

1|Page

® Deliveries must be made between 7:00 am — 4:00pm EST.
e An authorized CITY of Nashua employee must sign all delivery slips.
® All invoices must be forwarded to CITY of Nashua, c/o Accounts Payable, City Hall

229 Main Street, PO Box 2019, Nashua, NH 03061-2019. Invoices must identify
the delivery point, date and quantity, and must include proof of delivery slip.

® Delivery price will be $1.5702 per gallon for the duration of this agreement. The
offered price shall include all taxes, fees, delivery costs.

e The CONTRACTOR’s Certificate of Liability Insurance must be on file at the CITY’s
Purchasing Office and Risk Management Department. New certificates must be
forwarded as coverage is renewed.

e No confirming purchase order will be mailed to the CONTRACTOR from the CITY.

e No purchase order needs to be referenced on invoices. Location of delivery
point is the critical data to identify the CITY of Nashua cost center.

e All requests for detivery will come from an authorized CITY employee.

@ The CITY is utilizing funds from the Federal Transit Administration for the project.
The federally required FTA clauses for this contract can be found in the attached
document Exhibit A — FTA Clauses which are incorporated herein by reference.

3. INSURANCE REQUIREMENTS

CONTRACTOR shall carry and maintain in effect during the performance of services
under this contract:

~> General Liability (which must include hazardous materials/waste coverage}:
$1,000,000 per Occurrence
$2,000,000 Aggregate
(City of Nashua Additional Insured)

2|Page

> Motor Vehicle Liability:
$1,000,000 Combined Single Limit *coverage must include all owned, non-owned
and hired vehicles.
{City of Nashua Additional Insured)

~ Workers’ Compensation Coverage according to Statute of the State of New
Hampshire:
5100,000/$500,000/$100,000
(Sole Proprietors not subject to Workers’ Compensation requirements)

CONTRACTOR and subcontractors at ever tier will fully comply with NH RSA Chapter 281-A,
“Workers’ Compensation”.

CONTRACTOR shall maintain in effect at all times during the performance under this contract all
specified insurance coverage with insurers. None of the requirements as to types and limits to
be maintained by CONTRACTOR are intended to and shal! not in any manner limit or qualify the
liabilities and obligations assumed by the CONTRACOR under the contract. The CITY shall not
maintain any insurance on behalf of CONTRACTOR. Subcontractors are subject to the same
insurance requirements as the CONTRACTOR and it shall be the CONTRACTOR’s responsibility
to ensure compliance of this requirement.

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

pay

. Withholding of income taxes by the CITY;

. Industrial insurance coverage provided by the CITY;

3. Participation in group insurance plans which may be available to employees of the
CITY;

4. Participation or contributions by either the CONTRACTOR or the CITY to the public
Employees’ retirement system;

5. Accumulation of vacation leave or sick leave provided by the CITY;

6. Unemployment compensation coverage provide by the CITY.

BN

3|Page

CONTRACTOR will provide the CITY with certificates of insurance for coverage, as listed, and
endorsements affecting coverage required by the Agreement. The CITY requires thirty days
written notice of cancellation or material change in coverage. The certificates and
endorsements for each insurance policy must be signed by a person authorized by the insurer
and who is licensed by the State of New Hampshire. General Liability, Employer's Liability and
Auto Liability policies must name the City of Nashua as additional insured and reflect on the
certificate of insurance. CONTRACTOR is responsible for filing updated certificates of
insurance with the City of Nashua’s Risk Management Department during the life of the
contract.

> All deductibles and self-insured retentions shall be fully disclosed in the
certificate(s) of insurance.

> If aggregate limits of less than $2,000,000 are imposed on bodily injury and
Property damage, CONTRACTOR must maintain umbrella Hability insurance of
at leastS1,000,000. All aggregates must be fully disclosed on the required
certificate of insurance.

->The specified insurance requirements do not relieve CONTRACTOR of its
responsibilities or limit the ammount of its liability to the CITY or other persons,
and CONTRACTOR fs encouraged to purchase such additional insurance, as it
deems necessary.

+ The insurance provided herein is primary, and no insurance held or owned by
CITY shall be called upon to contribute to a loss.

-> CONTRACTOR is responsible for and required to remedy all damage or loss to
any property, including property of the CITY, caused in whole or part by
CONTRACTOR or anyone employed, directed, or supervised by CONTRACTOR.

Regardless of any coverage provided by any insurance, CONTRACTOR agrees to indemnify and
shall defend and hold harmless the CITY, its agents, officials, employees and authorized
representatives and their employees from and against any and all suits, causes of action, legal
or administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest,
attorney's fees, costs and expenses of any kind or nature in any manner caused, occasioned, or
contributed to in whole or in part by reason of any negligent act, omission, or fault or willful
misconduct, whether active or passive, of CONTRACTOR or of anyone acting under its direction
or control on its behalf in connection with or incidental to the performance of this contract.
CONTRACTOR’s indemnity, defense and hoid harmiess obligations, or portions thereof, shall not
apply to liability caused by the negligence or willful misconduct of the party indemnified or held
harmless.

4|Page

GOVERNING LAW AND VENUE

This Agreement shail be interpreted and enforced in accordance with the laws of the
state of New Hampshire, excluding any choice of Law or conflicts of law rules that would
result in the application of the laws of a different jurisdiction, and any litigation related
to this Agreement shall be brought in a state court located in the State of New
Hampshire.

SEVERABILITY

if any provision of this Agreement is determined to be void, unlawful, or otherwise
unenforceable, that provision shall be severed from the remainder of this Agreement,
and replaced automatically by a provision containing terms as nearly like the void,
unlawful, or unenforceable provision as possible, or otherwise modified in such fashion
as to preserve, to the maximum extent possible, the original intent of the Parties, and
this Agreement, as so modified shall continue to be in full force and effect.

. AMENDMENT

No modification, amendment, or other change to this Agreement shall be effective
unless agreed to in writing signed by each of the Parties.

Any proposed modification to the Scope of Work, including schedule, shall be submitted
in. writing to the CITY with an explanation for the need to amend the Agreement and
proposed adjustment.

NO WAIVER

Failure or forbearance by and Party to exercise any of its rights or remedies under this
Agreement shall not constitute a waiver of such rights or remedies in that or any other
instance. No Party shall be deemed to have waived any right or remedy resulting from
such failure to perform unless it has made such waiver specifically in writing.

. TERMINATION

This Agreement can be terminated, in its sole discretion, by the CITY at any time, and
CONTRACTOR will be paid for all work performed up to the termination date. The CITY
shall have the benefit of all work performed te the date of termination, and is entitled
to all work, reports, drafts, notes, recommendations, ete. performed or prepared by
CONTRACTOR up to the termination date. For termination by default please refer to the
FTA clauses located within Exhibit A.

5|Page

9. ENTIRE AGREEMENT
This Agreement and any amendments to this Agreement contain the complete
agreement between the Parties with respect to the subject matter of this Agreement
and supersede all other agreements and understandings, whether written or oral, with

respect to the matters contained in this Agreement, including any letters of intent, term
sheets or similar proposals exchanged by the Parties.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of
the

CITY OF NASHUA
By: James W. Donchess, Duly Authorized

Signature:

Title: Mayor

Date:

CONTACTOR

By: Duly Authorized

Signature:

Title:

Date:

6) Page

1. Privacy

{a} The CONTRACTOR 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 CONTRACTOR agrees to obtain the express consent
of the Federal Government before the CONTRACTOR or its employees operate a system of
records on behalf of the Federal Government. The CONTRACTOR 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 in termination of the underlying contract.

(b) The CONTRACTOR 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.

2. Non-Discrimination

(a} Title VI of the Civil Rights Act of 1964
The CONTRACTOR agrees to comply with all requirements of Title VI of the Civil Rights Act of
1964, 42 U.S.C. § 2000d section 303 of the Age Discrimination Act of 1975, 42 U.S.C.
§6102, section 202 of the Americans with Disabilities Act of 1990, § 12132, and Federal transit law
at 49 U.S.C. § 5332, allas amended as well as USDOT regulations, "Nondiscrimination in
Federally-Assisted Programs of the Department of Transportation", 49 CFR Part 21. In
addition, the CONTRACTOR agrees to comply with applicable Federal implementing regulations
and other implementing requirements FTA may issue.

(b} Equal Employment Opportunity
The CONTRACTOR will not discriminate against any employee or applicant for employment
because of race, color, creed, sex, disability, age, or national origin. The CONTRACTOR
agrees io take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, creed, sex, disability, age, or
national origin. Such action shall include, but not be limited to, the follawing: 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. The CONTRACTOR shall insert the foregoing provision (modified only to
show the particular contractual relationship) in all its third party contracts, except contracts for
standard commercial supplies or raw materials and construction contracts, and shall require all
such CONTRACTORS to insert a similar provision in all subcontracts, except contracts for
standard commercial supplies or raw materials.

The CONTRACTOR 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.

{c) Disadvantaged Business Enterprise (DBE}

a. This Agreement 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.

b. 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

A-1