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. Community Development 589-3095

City of Nash ua Planning and Zoning 589-3090

. sons Building Safety 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 CS cemmision Saeaiee
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119

Date: June 1, 2016
To: Jim Donchess, Mayor
From: Sarah Marchant, Community Development Division Director

Re: Finance Committee - Contract to Purchase 8 Replacement Fixed Route CNG Buses for the City
of Nashua (Value $3,966,832)

The Nashua Transit System (NTS) went out to bid under RF'P0156-010716 CNG Low Floor Buses
to replace eight of its fixed route buses over the winter of 2016, in accordance with both the City of
Nashua and FTA procurement procedures. After a lengthy RFP process, including many approved
equals for FTA purposes, we only received one final bid, which was submitted by Gillig. Per FTA
requirements, the City determined that Gillig met the criteria as a responsible contractor in
accordance with 49 U.S.C. § 5325(j) of the United States Code.

30 FT Gillig CNG Bus - $494,054
35 FT Gillig CNG Bus - $500,654

The City refined the requirements and asked Gillig to send a best and final offer, which reduced the
price by $1,500 per bus to the following:

4- 30 FT Gillig CNG Bus - $492,554
4- 35 FT Gillig CNG Bus - $499,154

Total cost 8 buses = $3,966,832

As the City is looking to expand its CNG fleet, the Federal Transit Administration (FTA) will pay
up to 85% of the capital costs of this purchase. The NTS has been saving FTA capital funds for four
years in anticipation of our overdue fleet replacement needs and has 5310, 5339 and 5307 funds in
reserve to cover 85% of the costs. In addition, the City of Nashua worked with Nashua Regional
Planning Commission (NRPC) and the State of NH, to secure matching funds from the State to
offset the City’s costs in this purchase. The State of NH has committed to half of the 15% local
match through their FY16 fiscal budget and State Transportation Improvement Plan (STIP), which
leaves only 7.5% ($297,512.40) of the total contract to be funded by the City. The City’s portion is
part of the approved CERF funding plan for FY16.

Nashua Transit recommends awarding the contract to replace eight of the City’s low floor buses to
Gillig, Hayward, California, in the amount of $3,966,832.

PART 9
CONTRACT

1. Contract Documents and Order of Precedence

The Contract consists of the documents listed below. In case of any conflict among these documents, the
order of precedence shall be:

. Form of Contract

. Contractor’s Best and Final Offer (including Contractor Proposal)
. Addenda

. “Part 5: Terms and Conditions”

“Part 6: Technical Specifications” and “Part 7: Quality Assurance”

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A modification or change to any Contract document shall take its precedence from the term it amends. All
other documents and terms and conditions shall remain unchanged.

2. Compensation
The City of Nashua shall pay _three million, nine hundred sixty-six thousand. eight hundred thirty two
dollars ($3.966.832), and the Contractor shall accept the amount as full compensation for all costs and
expenses of completing the Work in accordance with the Contract, including but not limited to all labor
and material required, overhead, storage and shipping, risks and obligations, taxes (as applicable), fees
and profit, and any unforeseen costs.

3. Contract Term and Period of Performance

The effective date of this Contract shall be the effective date set forth in the Notice to Proceed (NTP). The
Contractor shalf commence work after the effective date of the Contract, upon receipt of the NTP.

The base Contract will contain orders for Qty four (4) 30 Ft, Heavy Duty CNG buses and Qty four
(4) 35ft. Heavy Duty CNG buses. The Contract delivery date for the vehicles, in accordance with the
delivery schedule set forth in “Delivery Schedule,” shall be 78 weeks from date of order.

If any option is exercised, the option vehicles or other option items shall be delivered in accordance with
the schedule contained in the Notice of Exercise of Option.

4. Notices
Any Notice legally required to be given by one party to another under the Contract shall be in writing,
dated and signed by the party giving such Notice or by a duly authorized representative of such party.
Notices shall not be effective unless transmitted by any method that provides confirmation of transmission
and delivery, such as fax, certified mail or registered mail and addressed to:

Dan Kooken — Purchasing Manager
City of Nashua Purchasing Department
229 Main St.
Nashua, NH 03060
Phone: (603) 589-0003 Fax: (603) 589- 0000

Contractor: _ Gillig

Contact: _Javier Hernandez, Ir.
Director of Proiect Sales Management

Address; Post Office Box 3006
Hayward. CA 94540-3008

Phone/Fax: {800} 785-1500

5. Entire Agreement
This Contract constitutes the complete and entire agreement between the City of Nashua and Contractor
and supersedes any prior representations, understandings, communications, commitments, agreements or
Proposals, oral or written that are not incorporated as a part of the Contract.

Contractor name City of Nashua, New Hampshire

Signature of authorized official

Signature of authorized official

James W. Donchess, Mayor, duly authorized

(Print or type name and title)

Date Date

Tax ID number

City of Nashua

Central Purchasing
229 Main Street
Nashua NH 03060
603-589-3330 Fax: 603-589-3344

June 9, 2016
Memo #16-165

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | ENGINEERING SERVICES FOR NEW CANAL PEDESTRIAN BRIDGE PROJECT
(VALUE $109,862)
DEPARTMENT: 181 COMMUNITY DEVELOPMENT; FUND: NHDOT TAP GRANT
ACCOUNT CLASSIFICATION: 53 PROFESSIONAL AND TECHNICAL SERVICES

Please see attached communication from Sarah Marchant, Community Development Division
Director, dated June 8, 2016 for information related to this purchase request.

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.

Sarah Marchant, Director of Community Development and the Purchasing Department
recommend the award of this contract to Hoyle, Tanner and Associates of Manchester, NH
in the amount of $109,862.

Respectfully,
A~

\—Dan Kooken
Purchasing Manager

Ce: S. Marchant J. Graziano

e
Community Devetapment 589-3095
City of Nashua 580-2005

Planning and Zoning

Community Development Division Eads dice nen! 59-3100
City Hall, 229 Main Street, PO Box 2019 Trangporteion Deparment #800100
Nashua, New Hampshire 03061-2019 Waterways 590-3002

www.nashuanh.gov

Date: June 8, 2016
To: John Griffin, CFO; Daniel Kooken, Purchasing Manager
From: Sarah Marchant, Community Development Division Director

Re: Contract for Engineering Services for Pedestrian Bridge

The City of Nashua was awarded a NH Department of Transportation (NH DOT)
Transportation Alternatives Program (TAP) grant to design and construct a new
pedestrian bridge across the Nashua Canal with an associated crosswalk on Ledge
Street and a trail along Everett Street connecting to the Heritage Rail Trail. This
pedestrian bridge will create a new access to Mine Falls Park from the Tree Streets
neighborhood improving recreation opportunities.

In compliance with the NH DOT funding for this project, the selection of an engineering
firm followed the Local Public Agency rules. A Request for Qualifications must be
advertised and the selected firm must be based on qualifications and not cost. Fees
and scope are discussed after the firm is selected. The Request for Qualifications for
the feasibility and design phase engineering for this project was issued on January 15”
and closed February 16, 2016.

We received four (4) submissions and interviewed three (3) firms. A team comprised of
City staff participated in the evaluation of qualifications which included Sarah Marchant
(CDD Director), Madeleine Mineau (Waterways Manager), Jeanne Walker (Deputy
Manager of Engineering), and Nick Caggiano (Parks Superintendent).

From the three (3) firms interviewed, the team unanimously agreed that the contract
should be awarded to Hoyle, Tanner, and Associates based on their qualifications, prior
experience on similar projects, and familiarity with NH DOT processes. Once approved
by NH DOT, we entered into scope and fee negotiations. According to the terms of this
NH DOT grant, they pay 80% of expenses with the remaining 20% being paid by the
City. The Community Development Division recommends awarding the contract for
Feasibility Study Phase Engineering to Hoyle, Tanner, and Associates of Manchester,
NH in the amount of $109,862.

CONTRACT FOR PROFESSIONAL SERVICES

TITLE:
FEASIBILITY STUDY PHASE ENGINEERING FOR PEDESTRIAN BRIDGE WITH
ASSOCIATED CROSSWALK AND TRAIL.

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019

AND

HOYLE, TANNER & ASSOCIATES, INC.

150 DOW STREET; MANCHESTER, NH 03101

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;

Exhibit C--Compensation for Services;
Exhibit D-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

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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.

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.

4. COMPENSATION. Professional Engineer agrees to perform the work for a total cost not to
exceed

One Hundred and Nine Thousand, eight hundred sixty-two __ Dollars ($ 109.862)

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.
Professional Engineer shall submit monthly requests for payment for services performed under
this agreement directly to

City of Nashua

Attn: Accounts Payable
PO Box 2019

Nashua, NH 03061-2019
Atten:

To facilitate the proper and timely payment of applications, the City of Nashua requires that
all invoices contain a valid PURCHASE ORDER NUMBER. The purchase order number for

this contract will be

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 will pay for work satisfactorily completed by Professional Engineer. The City will pay
Professional Engineer within 30 days of approval by the City of the submitted invoice forms and

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progress reports. The City 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.

-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 REPRESENTATIVE: REPRESENTATIVE:

Sarah Marchant Sean T. James

Director, Community Development Division Project Manager

City Hall, Community Development Division Hoyle, Tanner & Associates, Inc
229 Main st, PO Box 2019 150 Dow street

Nashua, NH 03060 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 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

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL ENGINEER STATUS AND PROVISION OF WORKERS’
COMPENSATION COVERAGE

STANDARD OF CARE

CITY REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY 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

FEDERAL SUBCONTRACTING REQUIREMENTS
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

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EDUCATION

+ Master of Political
Administration, George
Washington University

* Bachelor of
Science, Emergency
Administration and
Management, Arkansas
Tech University

CERTIFICATIONS

* Muttiple certifications in
emergency management
and homeland security

LINDSEY HOLMAN, MPS

SENIOR PLANNER

Lindsey Holman is an experienced emergency management professional with a demonstrated

history of working with federal, state, and local governments. She applies the emergency

management principles to the political side of crisis management. She helps clients bridge the gap

between legislation, policy, and implementation.

Over the last 12 years, Lindsey has worked with public and private clients in over 20 states to

prepare, prevent, respond, and recover from natural and man-made hazards. Lindsey's work with

state and local gavernments has involved preparedness planning and training, staffing incident

response operations, catastrophic planning, post-incident assessments, and disaster recovery.

EXPERIENCE

*

AG Witt, Policy Advisor
(2920-Present). Providing advisory
consulting services for CARES Act, ERAP
and ARPA policy programs for clients in
the cities of Milpitas, Berkeley, and Santa
Barbara. California,

National Association of Counties
(NACO), Associate Legislative
Director For Justice And Public Safety
(2018-2020). Strategically plan and
execute advocacy campaigns associated
with public safety and criminal justice
legislation. Engage with FEMA to provide
stakeholder input during implementation
of the Disaster Recovery Reform Act,
Authored a local government impact
analysis of the Disaster Recovery Reform
Act.

Aegis Resilience, Founder/CEO (2017-
2018). Served as subject matter expert to
a global law and government relations firm
regarding the FEMA Public Assistance.

Eagle Hill Consulting, Associate (2015-
2018}. Supported the rollout of updated
National Incident Management Systern
(NIMS) doctrine, including a new national

qualification system and resource typing
effort, for FEMA's National Integration
Center Facilitated program improvement
and strategic planning workshop to
support business process improvements
for state agencies.

Witt O’Brien’s, Senior Emergency
Management Consultant (2009-20 14).
Worked with congressional staff for the
inclusion of a bill amendment for $100
million in CDBG fer Alabama housing
recovery, Worked as a public assistance
consultant on long-term: disaster recovery
for the State of Louisiana. Provided FEMA
Public Assistance management to Virginia
localities impacted by 2009 and 2010
bhzzards,

Arkansas Department of Emergency
Management, State Field Public
Assistance Coordinator (2008).
Analyzed projects for repair and mitigation
opportunities. Advocated on behalf of
applicants. Worked with FEMA Officials to
interpret and implement Federal disaster
recovery policy, Reviewed completed
project worksheets.

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