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Finance Committee - Agenda - 9/4/2019 - P27

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 08/30/2019 - 13:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 09/04/2019 - 00:00
Page Number
27
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__090420…

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

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Finance Committee - Agenda - 9/4/2019 - P27

Finance Committee - Agenda - 9/4/2019 - P28

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 08/30/2019 - 13:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 09/04/2019 - 00:00
Page Number
28
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__090420…

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

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Finance Committee - Agenda - 9/4/2019 - P28

Finance Committee - Agenda - 9/4/2019 - P29

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 08/30/2019 - 13:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 09/04/2019 - 00:00
Page Number
29
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__090420…

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

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Finance Committee - Agenda - 9/4/2019 - P29

Finance Committee - Agenda - 9/4/2019 - P30

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 08/30/2019 - 13:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 09/04/2019 - 00:00
Page Number
30
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__090420…

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

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Finance Committee - Agenda - 9/4/2019 - P30

Finance Committee - Agenda - 9/4/2019 - P31

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 08/30/2019 - 13:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 09/04/2019 - 00:00
Page Number
31
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__090420…

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

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Finance Committee - Agenda - 9/4/2019 - P31

Finance Committee - Agenda - 9/4/2019 - P32

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 08/30/2019 - 13:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 09/04/2019 - 00:00
Page Number
32
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__090420…

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

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Finance Committee - Agenda - 9/4/2019 - P32

Finance Committee - Agenda - 9/4/2019 - P33

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 08/30/2019 - 13:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 09/04/2019 - 00:00
Page Number
33
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__090420…

EXHIBIT C - FORMS

THE FOLLOWING PAGES MUST BE FILLED

24

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Finance Committee - Agenda - 9/4/2019 - P33

Finance Committee - Agenda - 9/4/2019 - P34

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 08/30/2019 - 13:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 09/04/2019 - 00:00
Page Number
34
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__090420…

Date:

Firm:

FTA BUS TESTING CERTIFICATION

I. NEW BUS MODEL TO BE TESTED

In accordance with 49 CFR Part 665, “Bus Testing Program,” the Proposer certifies that the bus
model being proposed for this Contract is a new bus model or a bus model with a major change in
configuration or components (as described in Subpart A of the interim rule). Bidder, at its own
expense, will arrange for the required testing at the FTA Bus Testing Facility at Altoona, Pennsylvania
prior to the Authority's acceptance of the first vehicle in a manner that the Time for Performance
outlined in the Contract Specifications will not be impacted. Sellerwill provide a copy of the Test
Report prepared for this bus model prior to acceptance.

OR

Hl. BUS MODEL ALREADY TESTED

In accordance with 49 CFR Part 665, “Bus Testing Program,” the Proposer certifies that the bus
model being proposed for this Contract is not a new bus model and does not incorporate a major
change in configuration or components (as described in Subpart A of the interim rule). The
Sellerwill provide, upon request of the Authority, a copy of the Test Report prepared for the bus
model accepted under this Contract.

(CHECK ONE BOX ONLY)

Signature:

Title:

25

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Finance Committee - Agenda - 9/4/2019 - P34

Finance Committee - Agenda - 9/4/2019 - P35

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 08/30/2019 - 13:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 09/04/2019 - 00:00
Page Number
35
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__090420…

CERTIFICATE OF

TVM DBE

COMPLIANCE

(TO BE FILLED OUT BY MANUFACTURER'S OF ROLLING STOCK ONLY)
In connection with the contract to be awarded as a result of the invitation to bid issued by the Nashua Transit
System:

| hereby certify that the (name of company) has complied with
the requirements of 49 CFR 26, participation by Disadvantage Business in DOT Programs, and that our goals
have not been disapproved by the Federal Transit Administration.

Name of Company

Signature of Authorized Official

Name and Title of Authorized Official

Date

26

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Finance Committee - Agenda - 9/4/2019 - P35

Finance Committee - Agenda - 9/4/2019 - P36

By dnadmin on Mon, 11/07/2022 - 13:03
Document Date
Fri, 08/30/2019 - 13:47
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 09/04/2019 - 00:00
Page Number
36
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__090420…

BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA
REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK,
OR ASSOCIATED EQUIPMENT

(To be submitted with a bid or offer exceeding the small purchase threshold for Federal
assistance programs, currently set at $150,000.)

Certificate of Compliance

The bidder hereby certifies that it will comply with the requirements of 49 U.S.C.
Section 5323(j)(2)(C), Section 165(b)(3) of the Surface Transportation Assistance
Act of 1982, as amended, and the regulations of 49 CFR 661.11:

Date:

Signature:

Company Name:

Title:

Certificate of Non-Compliance

The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section
5323(j)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982,
as amended, but may qualify for an exception to the requirements consistent with 49
U.S.C. Sections 5323(j)(2)(B) or (j)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface
Transportation Assistance Act, as amended, and regulations in 49 CFR 661.7.

Date:

Signature:

Company Name:

Title:

27

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Finance Committee - Agenda - 9/4/2019 - P36

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