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City of Nashua Planning and Zoning
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Community Development Division Code Enforcement
City Hall, 229 Main Street, PO Box 2019 CO eats mission
Nashua, New Hampshire 03061-2019 Transportation
www.nashuanh.gov FAX

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589-3119

Date: December 12, 2017
To: Jim Donchess, Mayor
From: Camille Pattison, Transportation Manager

Re: Finance Committee — Increase Purchase Order for 6 Replacement Champion Vans for the City
of Nashua by $15,000 (Original Value of $758,790)

On May 17, 2017, the Finance Committee approved a contract with DATCO for 6 paratransit vans
in the amount of $758,790.

Subsequently, the City of Nashua attended a pre-production meeting in October of 2017, where a
number of additional items were added to enhance the safety and functionality of the new fleet.

The additional items total $15,000 for all 6 vans, and include the following:

$250 - Pre-wire power to front bulkhead for destination sign controller.

$350 - Add folding seat in the second wheelchair area.

$250 - Amber light on sidewall behind driver to come on with four way flashers.
$50 each for 12 seats per bus - $600 - Soft padded seat covers.

$242 - ramp to access rear 12 seats of each van.

$860 - Paint and white vinyl

($312) — Customer courtesy credit

Original Cost Additional Cost Total Cost

$758,790 $15,000 $773,790

Nashua Transit System would like to request approval of this $15,000 change order. The new total
cost for all 6 vehicles is $773,790

The increase of $15,000 wili be funded by Transit’s FTA grant $ (85%), (7.5%) in NH DOT
matching funds and $ (7.5%) in the City’s matching funds.

CHANGE ORDER
No. 1

PROJECT: Purchase of 6 Champion Vans from Dattco — Nashua Transit

OWNER’S CONTRACT NO:

EXECUTED CONTRACT DATE: _May 22, 2017

DATE OF ISSUANCE: May 22, 2017, EFFECTIVE DATE: May 22, 2017
OWNER: City of Nashua, NH

OWNER’s Purchase Order NO.: To be done after costs are finalized and approved
CONTRACTOR: DATTCO

ENGINEER: N/A

You are directed to make the following changes in the Contract Documents:

Description:

Increase the purchase by $15,000 to add the following safety and passenger enhancements and
Americans with Disabilities Act to the 6 vans:

$250 - Pre-wire power to front bulkhead for destination sign controller.

$350 - Add folding seat in the second wheelchair area.

$250 - Amber light on sidewall behind driver to come on with four way flashers.

$50 each for 12 seats per bus - $600 - Soft padded seat

covers.

$242 - ramp to access rear 12 seats of each van.

$860 - Paint and white vinyl

Change Order # 1 1 of 2
Dattco — 6 Champion Vans

Summary

CHANGE IN CONTRACT PRICE:
Original Contract Price

$758,790

CHANGE IN CONTRACT TIMES:
Original Contract Times

Substantial completion:
Ready for final payment:

Net changes from previous Change Orders

$0

Net change from previous Change Orders

Contract Price prior to this Change Order

$758,790

Contract Times prior to this Change Order

Substantial completion:
Ready for final payment:

Net Increase (deerease}of this Change Order

$15,000

Net Increase (deerease} of this Change Order

Contract Price with ali approved Change Orders

Contract Times with all approved Change Orders

$773,790 Substantial completion:
Ready for final payment:
RECOMMENDED: ACCEPTED: APPROVED:
By: By: By:
Sarah Marchant, Director Dattco Mayor Jim Donchess
(Authorized Signature) (Authorized Signature) Owner
(Authorized Signature)
Date: Date:
Date:
Change Order # 1 2 of 2

Dattco — 6 Champion Vans

2) THE CITY OF NASHUA “The Gate Cy"

Financial Services

Purchasing Department

December 21, 2017
Memo #18-062

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CANAL STREET BRIDGE OVER NASHUA RIVER SUBSURFACE EXPLORATION
(VALUE: $24,628)
DEPARTMENT: 161 STREETS; FUND: CAPITAL

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated December 14,
2017 for information related to this contract.

Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting, architectural, auditing,
engineering, legal, medical and ambulance services and purchases of independent professional
consultant services for personnel, data processing, actuarial, planning, management and other
comparable purchases competitive bidding shall not be required.

The City Engineer, Board of Public Works (December 14, 2017 meeting) and the Purchasing Department
recommend the approval of this contract to CLD/Fuss & O’Neil of Manchester, NH in an amount of

$24,628.

Respectfully,,

Dan Kooken

Purchasing Manager

Cc: S Dookran L Fauteux

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

To:

From:

Re:

D. Motion:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: December 14, 2017

Stephen Dookran, P.E., City Engineer
Engineering Department

Canal Street Bridge over Nashua River
Subsurface Exploration

To award the contract for bridge engineering services of the Canal Street Bridge
subsurface investigation to CLD/Fuss & O’Neil of Manchester, NH in

the amount of $24,628. Funding will be through Department: 161 Streets; Fund:
Capital; Activity: Bridge Rehabilitation

The Canal Street bridge over Nashua River is part of a significant east-west

arterial road seeing approximately 30,000 vehicles per day. Like all municipally
owned bridges, it receives routine inspections by the NHDOT. The bridge, which is
about 90 years old, is currently seeing substantial deterioration. While the deck and
superstructure both have a rating of 6 (satisfactory), the substructure is suffering with a
rating of 4 (poor). This last rating places the bridge on the red list. This is in great part
due to a substantial amount of spalling concrete on the east abutment.

The scope of work for this package includes performing 3 borings, perform laboratory
testing on recovered samples and produce an engineering report presenting the results of
the boring sampling and the implications as far as existing soil permeability and
recommended options for repair treatments. This report will be the basis for selection
of the repair extent and method, which will be a separate package for engineering
services.

At this time, timely attention is warranted for the repairs of this bridge. For this reason,
Engineering seeks to procure these services by way of sole sourcing with CLD/Fuss &
O’Neil. This is the consultant that we have used in our past two bridge projects, the
Manchester Street Bridge and the Pennichuck School bridge. CLD has also volunteered
their services to perform investigations and reviews of this red listed bridge while
working in the City while working here on the aforementioned prior bridge projects. As
such, CLD is current on our needs and expectations on this bridge repair project.

Currently, the plan is to have this scope of work completed by the very early spring, the
follow-on comprehensive design mentioned above completed by early summer and
construction repairs completed before the winter of 2018.

CONTRACT FOR PROFESSIONAL SERVICES

TITLE

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

CLD/Fuss & O’ NEIL

and its successors, transferees and assignees (together “Professional Engineer”)
NAME AND TITLE OF PROFESSIONAL ENGINEER

540 COMMERCIAL STREET, MANCHESTER, NH 03101

ADDRESS OF PROFESSIONAL ENGINEER

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of a Professional Engineer ; and

WHEREAS, it is deemed that the services of a Professional Engineer herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Professional Engineer represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and
are made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B--Scope of Services, Contract Time, Fee Schedule

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.

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

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Professional Engineer 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.

AG 1 of 3

3. PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work within the
time periods set forth and may only be altered by the parties by a written agreement to extend the period
of performance or by termination in accordance with the terms of the contract. Professional Engineer shall
begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City
of Nashua.

4. COMPENSATION, Professional Engineer agrees to perform the work for a total cost not to exceed
Dollars ($ )

which, unless otherwise provided in this contract, shall be paid in accordance with the provisions of
Exhibit B or unless Professional Engineer has received a written exemption from the City of Nashua.
Professional Engineer shall submit monthly requests for payment for services performed under this
agreement shall be submitted as follows:

> Electronically via email to VendorAPInvoices@NashuaNH. gov
OR

> Paper Copies via US Mail to:

City of Nashua, City Hall
Accounts Payable

229 Main Street

Nashua, NH 03060

Please_do not submit invoices both electronically and paper copy.

In addition, and to facilitate the proper and timely payment of applications, the City of Nashua requires
that all submitted invoices contain a valid PURCHASE ORDER NUMBER.

Requests for payment shall be submitted no later than fifteen (15) days after the end of each month and
must include a detailed summary of the expenditures reported in a form that supports the approved
budget. Specifically, Professional Engineer agrees to provide the following with each request for
payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number, a
listing of personnel hours and billing rates, and other expenditures for which payment is sought.

2. A progress report. The report shall include, for each monthly reporting period, a description
of the work accomplished, problems experienced, upcoming work, any extra work carried out,
and a schedule showing actual expenditures billed for the period, cumulative total expenditures
billed and paid to date under the contract, and a comparison of cumulative total expenditures
billed and paid to the approved budget.

The City of Nashua will pay for work satisfactorily completed by Professional Engineer. The City of
Nashua will pay Professional Engineer within 30 days of approval by the City of Nashua of the submitted
invoice forms and progress reports. The City of Nashua will make no payments until the invoice forms
and progress reports have been submitted and approved.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.

AG 2 of 3

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract
shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:
Division of Public Works, Engineering CLD/Fuss & O’Neil

9 Riverside Street Jamie French, P.E.
Nashua, NH 03062 540 Commercial Street

Manchester, NH 03101

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Professional Engineer may change the address or representative by giving written
notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally
bound thereby.

City of Nashua, NH (signature) (signature)

James Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

AG 3 of 3

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL ENGINEER STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT
DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CITY INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON-WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

CHOICE OF LAW AND VENUE

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General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Professional Engineer”, and its
successors, transferees and assignees (together “Professional Engineer”) includes any of the
Professional Engineer's consultants, sub consultants, contractors, and subcontractors

PROFESSIONAL ENGINEER STATUS The parties agree that Professional Engineer shall have the
status of and shall perform all work under this contract as a Professional Engineer, maintaining
control over all its consultants, sub consultants, contraciors, or subcontractors. The only
contractual relationship created by this contract is between the City of Nashua and Professional
Engineer, and nothing in this contract shall create any contractual relationship between the City
of Nashua and Professional Engineer's consultants, sub consultants, contractors, or
subcontractors. The parties also agree that Professional Engineer is not a City of Nashua
employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;

(4) Participation or contributions by either the Professional Engineer or the City of
Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Professional Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. Professional Engineer warrants that all work shall be performed with the degree of
professional skill, care, diligence, and sound practices and judgment that are normally exercised
by recognized professional firms with respect to services of a similar nature. It shall be the duty
of Professional Engineer to assure at its own expense that all work is technically sound and in
conformance with all applicable federal, state, and local laws, statutes, regulations, ordinances,
orders, or other requirements. In addition to all other rights which the City of Nashua may have,
Professional Engineer shall, at its own expense and without additional compensation, re-perform
work to correct or revise any deficiencies, omissions, or errors in the work or the product of the
work or which result from Professional Engineer's failure to perform in accordance with this
standard of care. Any approval by the City of Nashua of any products or services furnished or
used by Professional Engineer shall not in any way relieve Professional Engineer of the
responsibility for professional and technical accuracy and adequacy of its work. City of Nashua
review, approval, or acceptance of, or payment for any of Professional Engineer's work under this
contract shall not operate as a waiver of any of the City of Nashua's rights or causes of action
under this contract, and Professional Engineer shall be and remain liable in accordance with the
terms of the contract and applicable law.

Professional Engineer shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
Professional Engineer to perform work under this contract. Approved key personnel shall not be
taken off of the project by Professional Engineer without the prior written approval of the City of
Nashua, except in the event of termination of employment. Professional Engineer shall, if
requested to do so by the City of Nashua, remove from the job any personnel whom the City of
Nashua determines to be incompetent, dishonest, or uncooperative.

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