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

: soa Building Safety 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 Cone etaeS mission borane
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119

Date: July 11, 2019
To: Jim Donchess, Mayor
From: Camille Pattison, Transportation Manager

Re: Finance Committee — Change Order for 2 Electric Hybrid Buses

In August 2018, the Nashua Transit System (NTS) was awarded a 1.1 million dollar Low-No
Emission grant from the Federal Transportation Administration (FTA) to purchase two electric
hybrid diesel buses.

The City entered into a contract with Gillig on January 18, 2019 for the following amounts:
2- 35 FT Electric Diesel Hybrid Bus - $679,937 per bus
Total cost of 2 buses = $1,359,874

During February and March of 2019, the City of Nashua and Gillig went through the pre-production
review of the bus build and a number of items were added or changed to enhance the safety and
functionality of the new fleet.

The additional items and or changes resulted in a credit of $470 for the two buses, and include the
following:
e Addition of | Quantum wheelchair restraint
Re-treadable tires
Insight Prime Plus Seats
Gerflor Flooring
Removal of Tablet Holder
Replacement of Integrated Camera System to standard Mirrors
Addition of Rear View Camera

Bus Size Original Cost Additional Cost Revised Cost
Bus 1 $679,937 $572 $680,509
Bus 2 with Quantum $679,937 ($1042) Credit $678,895
Wheelchair
Securement System

No. 1
PROJECT NAME: TRANSIT —2 35’ ELECTRIC HYBRID GILLIG BUSES

OWNER’S CONTRACT NO:

EXECUTED CONTRACT DATE: JANUARY 18, 2019
GWNER: City of Nashua, NH

OWNER’ s Purchase Order NO.:

CONTRACTOR: GILLIG

ENGINEER: NA

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

Description:

In August 2018, the Nashua Transit System (NTS) was awarded a 1.1 million dollar Low-No Emission grant from the
Federal Transportation Administration (FT A) to purchase two electric hybrid diesel buses.

The City entered into a contract with Gillig on January 18. 2019 for the following amounts:
2-35 FT Electric Diesel Hybrid Bus - $679,937 per bus
Total cost of 2 buses = $1,359,874

During February and March of 2019. the City of Nashua and Gillig went through the pre-production review of the bus build
and a number of items were added or changed to enhance the safety and functionality of the new fleet.

The additional items and or changes resulted in a credit of $470 for the two buses, and include the following:
e Addition of 1 Quantum wheelchair restraint
Re-ireadable tires

o

2 Insight Prime Plus Seats

® Gerflor Flooring

e Removal of Tablet Holder

e Replacement of Integrated Camera System to standard Mirrors

e Addition of Rear View Camera
Bus Size Original Cast Additional Cost Revised Cost
Bus | $679,937 $572 $680,509
Bus 2 with Quantum $679,937 ($1042) Credit $678,895
Wheelchair Securement
System
Change Order #1 lof2

Gillig Electric Hybrid buses

Justification:

Additional items were added to enhance the safety and functionality of the new flect.

Summary

CHANGE IN CONTRACT PRICE:
Original Contract Price

$1,359,874

CHANGE IN CONTRACT TIMES:
Original Contract Times

Substantial completion:
Ready for final payment:

Net changes from previous Change Orders

$0.00

Net change from previous Change Orders

Contract Price prior to this Change Order

$1,359,874

Contract Times prior to this Change Order

Substantial completion:
Ready for final payment:

Net Increase or Decrease of this Change Order

($470) credit

Net Increase (decrease) of this Change Order

Contract Price with all approved Change Orders

Contract Times with all approved Change Orders

$1.359.404 Substantial completion:
Ready for final payment: YD ;
iy
RECOMMENDED: ACCEPTED: + Ld |
. Le
By: By: ito Yur
Joseph Policarpio, Vice President

Sarah Marchant, Director
(Authorized Signature}

Gillig
(Authorized Signature)

Mayor Jim Donchess
Owner

(Authorized Signature)

Date:
Date: May 24,2019 __
Change Order #1] of 2

Gillig Electric Hybrid buses

§) THE CITY OF NASHUA “The Gate City’

Administrative Services

Purchasing Department

July 4, 2019
Memo #20-003

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT RENEWAL WITH THE HUMANE SOCIETY OF GREATER NASHUA FOR
FY20 (VALUE: $99,081)
DEPARTMENT: 109 CIVIC & COMMUNITY SERVICES; FUND: GENERAL

Please see attached communication from Heidi Peek-Kukulka, Health Officer, for the information
related to this request.

In accordance with § 5-84 A (4) Special Purchasing Procedures for Sole Source Procurements

Heidi Peek-Kukulka, Health Officer, Division of Public Health and the Purchasing Department
recommend approval of the contract with the Humane Society of Greater Nashua in the amount of
$99,081.

Respectfully,

SS

an Kooken
Purchasing Manager

Cc: H. Peek-Kukulka J. Graziano

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

S) THE CITY OF NASHUA ene cae I"

Division of Pubhie Health and Community Services

Community Services Department

June 28%, 2019

To: John Griffin, CFO; Daniel Kooken, Purchasing Manager
From: Heidi Peek-Kukulka, Health Officer

Subject: Renewal of Humane Society Contract for FY20

The Humane Society for Greater Nashua Corporation (HSFN) has provided
shelter, pound, isolation, and quarantine services for the City of
Nashua and has provided these services for over 20 years.

Nashua Revised Ordinances section 93-7 states, “The Mayor, with the
assistance and cooperation of the Dog Officer, shall select a suitable
place of confinement for impounded animals and those held under
suspicion of rabies and after biting.” HSFN has a proven record of
providing impoundment and quarantine services, has the facility space
to accommodate the needs of the City of Nashua’s Pound, and HSFN staff
has worked closely with City staff throughout the years to develop
sound policies and procedures to adequately provide efficient and
effective methods of handling impoundment and quarantine services.

The Division of Public Health and Community Services, Environmental
Health Department and the Nashua Police Department Animal Control
Officer work closely with HSFN and oversee the contract deliverables
and communications with HSFN.

The attached contract is effective July 1, 2019 through June 30, 2020
in the amount of $99,081, to be paid in equal monthly installments.
Services include shelter for dogs, cats, rabbits and various other
small animals, adoption of stray animals, veterinary services for
stray animals surrendered to the HSFN, owner location of stray
animals, quarantine of unvaccinated dogs and cats which have bit a
human or another animal, and processing of animals found to be
positive for rabies.

In accordance with § 5-84 A (4) Special Purchasing Procedures for
Sole Source Procurements, the Division of Public Health recommends
that the contract with HSFN located at 24 Ferry Road, Nashua, NH, be
renewed for an additional year.

229 Main Street * Nashua, New Hampshire 03060 » Phone (603) 589-3307 e Fax (603) 594-3434

AGREEMENT
Humane Society for Greater Nashua Corporation and the City of Nashua, NH

AGREEMENT made this day of , 2019 by and between the
City of Nashua, New Hampshire (hereinafter “City’), a municipal corporation with a
principal place of business at 229 Main Street, Nashua, New Hampshire 03061 (the “City’)
and Humane Society for Greater Nashua Corporation (HSFN) of 24 Ferry Road, Nashua,
NH, 03064, (hereinafter “Contractor”’) (collectively referred to as the “Parties”). The Parties
hereby enter into this Independent Contractor Agreement (hereinafter “Agreement”) under
the terms and conditions set forth below.

SCOPE OF SERVICES
The Contractor agrees to perform the following services for the City:

The Humane Society for Greater Nashua Corporation shall be the designated “Pound?” for
the City of Nashua, NH and will be responsible for animal impoundment services to the
City of Nashua, NH as outlined in this Scope of Services.

1. The HSFN will provide the following impoundment and quarantine services for
animals impounded by the Animal Control Officer or a Nashua Police Officer:

10-Day Bite Quarantine of canines (stray and owned);

10-Day Bite Quarantine of owned felines;

10-Day Bite Quarantine of owned ferrets;

7-Day Impoundment of stray canines;

Impoundment of stray felines for those with permanent ID only

Impoundment of stray ferrets for those with permanent ID only

2. In accordance with RSA 466:18-a, and Nashua Revised Ordinances 93-6
Impoundment of dogs, cats and ferrets found at large, HSFN will become the lawful
owner of any unclaimed animals as follows:

Canines —After 7 days

Felines — Immediately if no permanent identification is found

Felines — After 7 days if permanent identification was found, but the animal
remained unclaimed

Ferrets — Immediately if no permanent identification is found

Ferrets-- After 7 days if permanent identification was found, but the animal
remained unclaimed

The HSEFN shall be responsible for the care of any animal of which it becomes the lawful
owner.

D The HSFN shail provide 24/7 access to the facilities to the Animal Control Officer
and/or officers of the Nashua Police Department.

4. In accordance with Nashua Revised Ordinances Chapter 93-6 Impoundment of
dogs, cats and ferrets found at large, the Contractor will post a monthly listing of all
strays available for adoption on the HSFN website.

5. In accordance with State of New Hampshire Law, no wildlife of any kind will be
accepted into the shelter living or dead.

6. HSFN will be required to provide the following services for any animal subject to
impoundment from the Animal Control Officer or Nashua Police Department:

e HSFN will maintain records of all animals accepted at the shelter;

e [f contact information is provided, HSFN will be responsible for notifying by
telephone, text, email, fax or postal mail, within a reasonable time period not to
exceed 24 hours, the owners of all animals brought to the shelter by the Animal
Control Officer or Nashua Police Officers;

e HSFN will retain confirmatory proof of notification of the owner;

e HSFN will verify Rabies vaccinations for post-quarantine animals;

e Provide impounded animals with adequate food, water and shelter;

7. HSFN will provide, or ensure provision and payment of, all rabies-related services for
canines, felines and ferrets for the City of Nashua impounded by the Animal Control
Officer or a Nashua Police Officer only, in accordance with RSA 436 Rabies Control.

8. HSFN will ensure the proper handling of any remains of animals that have been prepared
for rabies testing.

9. HSFN will provide a copy of Post Bite Veterinarian Reports to the Nashua
Environmental Health Department within 48 hours of veterinarian exam for animals
impounded/quarantined at HSFN. Post Bite reports may be submitted by postal mail or

electronically to EH(@NashuaNH.Gov.
CITY RESPONSIBILITIES

The City of Nashua will be responsible for the oversight of the Contract with the Humane
Society for Greater Nashua and will work with HSFN to develop service procedures
including but not limited to: animal impoundment procedures; rabies protocois; provide
coverage of Animal Control! Officer responsibilities during times that the ACO is not
available; assist the HSFN with owner-identification and notification; cooperate with NH
Fish & Game for the handling of wild or feral animals; the ACO will obtain, become trained
in the use of, and utilize a microchip scanner to determine if an animal is owned or stray;
and will pay $50.00 each for the replacement of facility keys lost by the Animal Control
Officer or Nashua Police Department employees. The City will not impose any adoption
criteria to be used as HSFN has policies and procedures in place regarding adoption of animals.
No obviously sick or injured animals will be deposited at HSFN by any city agent.

PLACE OF PERFORMANCE

The work described above shall be performed at Humane Society for Greater Nashua
Corporation, 24 Ferry Road, Nashua, NH 03064 or in Humane Society approved foster
families or facilities.

TIME PERIOD

The Contractor agrees to commence work on July 1, 2019 and complete all functions
required in a timely, professional and competent manner. This Agreement will expire on

June 30, 2020.

TERMINATION CLAUSES

The City or Contractor can terminate this Agreement, with a 90-day written notice. The
City will pay the Contractor a prorated amount for all services performed up to that date.
The City is entitled to all contract-related notes, drafts and documents produced by the
Contractor up to that date.

PAYMENT FOR SERVICES
The Contractor will be paid as follows:

The Contractor will be paid in monthly increments of $8,256.75. Payment will be made
through the City payment system. Total contract amount for program expenses cannot
exceed $99,081.00.

REPORTING

The City shall not supervise or directly control the work of the Contractor. The City does
reserve the right to inspect the work being performed. The Contractor shall have the ultimate
authority to determine the hours of work, the length of workdays, the means and methods of
performance of the work, and the City shall not interfere in this regard.

The designated City Representative for this Agreement is the Director of Public Health and
Community Services. All notices, project materials, requests by Contractor, invoice forms,
monthly reports, and any other communication about the contract, shall be addressed or be
delivered to the City Representative.

The City of Nashua’s Health Officer and Animal Control Officer both have Statutory Authority
over the Impoundment and Quarantine activities within the City of Nashua. By signing this
Agreement, the Contractor agrees to abide by the Statutory Authority granted the Health Officer
and the Animal Control Officer under NH RSA 436 and 466, as well as by the Nashua Revised
Ordinances, Chapter 93, Animals.

All concerns regarding this Agreement and the Scope of Services described within this
Agreement shall first be directed to the Division of Public Health and Community Services

3

Director. The Director shall bring forward any concerns to the appropriate City department or
City Official.

The Contractor shall submit by e-mail, an electronic copy of the required Impoundment &
Quarantine Monthly Report to the Division of Public Health and Community Services Director.

The Executive Director and/or the designated Directors of the HSFN shall meet with the
following City staff at least two (2) times per year to review the monthly reports and contract
deliverables: Director of the Division of Public Health and Community Services, Health Officer,
Animal Control Officer, Chief of Police or designee, and Finance Manager for the Division of
Public Health and Community Services.

CITY INSPECTION OF PLACE OF PERFORMANCE AND CONTRACT MATERIALS

The Contractor’s Place of Performance shall be subject to inspection and compliance with the
City of Nashua’s Revised Ordinance 93-3, Keeping and Housing Animals. This shall
include: the location, construction, erection and sanitary condition of all structures used in
the fulfillment of the Scope of Services of this Agreement. In accordance with NRO 93-3,
the Contractor shall submit any plans to the Board of Health before any building used in
the keeping and housing of animals under this Agreement shall be constructed, altered,
extended or moved.

The books, records, documents and accounting procedures and practices of the Contractor related
to this contract shall be subject to inspection, examination and audit by the City, including, but
not limited to, the contracting agency and Corporation Counsel.

The City will provide at least 48 hours notice of inspection.
SUBCONTRACTORS

The Contractor may, at his/her discretion and at his/her own expense, employ such
subcontractors as may be necessary for the performance of work. The Contractor agrees to pay
any wages, taxes, unemployment insurance, withholding taxes, and workers’ compensation
insurance required by law for subcontractors. Said subcontractors will not be paid or supervised
by the City. The Contractor shall provide the City with prior notice of the Contractor’s intent to
employ subcontractors to perform any services required by this Agreement. The City shall have
the right to reject any subcontractors for good cause. Prior approval by the City of a
subcontractor is not required in emergency situations.

INSURANCE

The Contractor agrees to provide his/her own workers’ compensation and liability insurance for
work performed, naming the City as additional insured. The contractor must maintain required
limits of coverage for the duration of the contract/project.

Prior to commencement with the project, the selected agency/individual will be required to
provide proof of insurance, ten (10) days prior to commencing work under the contract document
and will notify the City of any changes in coverage or change of carrier should they deviate from

the following:
4

- Comprehensive General Liability - $1,000,000 per occurrence/$2,000,000 aggregate -
City of Nashua must be named as an additional insured.

- Workers' Compensation by a Class A Carrier as required by statute/Employers' Liability
of $500,000/$500,000/$500,000.

Contractor shall maintain for the duration of the contract all required insurance coverage.
Coverage must be written with an insurance carrier licensed to do business in the State of New
Hampshire. City of Nashua requires thirty (30) days written notice of cancellation or material
change in coverage.

Contractor is responsible for filing updated Certificates of Insurance with the City of Nashua
Risk Management Department during the life of the contract. A copy of the current Certificates
of Insurance must be submitted to the Director of the City of Nashua’s Division of Public Health
and Community Services within thirty (30) days of the signing of the Agreement.

Regardless of the coverage provided by any insurance, the 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,
attorneys’ 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 the Contractor or of anyone acting under its direction
or control or on its behalf in connection with or incidental to the performance of this
contract. The Contractor's indemnity, defense and hold harmless obligations, or portions thereof,
shall not apply to liability caused by the sole negligence or willful misconduct of the party
indemnified or held harmless. The City agrees to indemnify, defend and hold harmless the
Contractor, 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 resulting or arising from the City’s, its agents’ or representatives’ sole
negligence or willful conduct.

COMPLIANCE WITH APPLICABLE LAWS

The Contractor, at all times, shall fully and completely comply with all applicable local, state and
federal laws, statutes, regulations, ordinances, orders, or requirements of any sort in carrying out
the obligations of this contract, including, but not limited to, all state and local laws and
requirements regarding the impoundment and quarantining of animals, federal, state, and local
accounting procedures and requirements, all immigration and naturalization laws, and the
Americans With Disabilities Act. The Contractor shall, throughout the period services are to be
performed under this contract, monitor for any changes to the applicable laws, statutes,
regulations, ordinances, orders, or requirements, shall promptly notify the City in writing of any
changes to the same relating to or affecting this contract, and shall submit detailed
documentation of any effect of the change in terms of both time and cost of performing the
contract.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT