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City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

May 12, 2021
Memo #21-120

TO: Mayor Donchess
Finance Committee

SUBJECT: Cleaning Services in the amount of $46,800 funded from accounts 54200 Janitorial
Services

Please see attached communications from Camille Pattison, Transportation Manager, dated May 3, 2021
for project specific details related to this purchase. Below please find a summary of the purchase approval
request:

Item: Cleaning Services for the Nashua Transit Center and the Transit Administration
Building

Value: $15,600 per year for a 3 year contract term to total $46,800

Vendor: Bill’s World Class Cleaning Service Inc

Department: 186 Transportation
Source Fund: 54200 Janitorial Services

Ordinance: 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.

A competitive bidding RFP for this project was issued on 4/7/2021 and the following bids were received:

Vendor Location Amount Note
Bill’s World Class Cleaning North Hampton NH | $15,600/year
Pro City Cleaning Manchester NH $21,312/year

We recommend this bid to be awarded to the lowest total cost vendor who met the RFP specified
requirements.

The Community Development Division: Transportation Department, and the Purchasing Department
respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: C Pattison
J Graziano

. Community Development 589-3095
City of Nashua Planning and Zoning 589-3090

. soe Building Safety 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 Cee naratns mission LBo aioe
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119

Date: May 3, 2021

To: Jim Donchess, Mayor
From: Camille Pattison, Transit Administrator

Re: Finance Committee —Nashua Transit System Cleaning Services

On April 5, 2021 the City of Nashua released an IFB for the Transit Center and Administrative
Building Cleaning Aervices.

On April 30, 2021 two submittals were received. One bid from Pro City Services for $1,768 per
month and the second bid from Bill’s World Class Cleaning Services for $1,300 per month.

NTS has determined that competition was adequate and that Bill’s World Class Cleaning, a current
NTS vendor, is a responsible and responsive bidder.

Prime Contract Change Order (CO)

Project Information Prime Contract Change Order

Project # 21-004 NPD CcoO# 002

Title Nashua Police Department HVAC Issue Date 21-Oclober-2021
Address 28 Officer James Roche Drive Subject Shaft Fire Dampers
City, State, Zip Nashua, NH 03062

Country

Contact Contact Tony DaCosla
Company City of Nashua Company Turnstone Corporation
Address 229 Main Street Address 479 Nashua Street
City, State, Zip Nashua, NH 03060 City, State, Zip Milford, NH 03055
Country Country

Phone Phone (603) 249-9300
Fax Fax (693) 673-6138

You are directed to make the following changes to this Contract:

J.Lawrence Hall: $1,403.00
GUBR Insurance(.89%) :$12.48
Bond Cost (1%): $14.03

CM Fee (15%): $210.45

Please note that JLH has had the original fire dampers for over 5 weeks and cannot use them due to being the incorrect size. The total has also
increased since we have two dampers per Noor (total of 8) versus the original amount {total of 4). The cost only includes the installation of two
dampers as the other four are covered under contract scope.

AlLother terns and condilions of {ha Contract Documents shall remain in effect.

Original Contract Price $3,601,767.00
Net change by previous Change Orders $2,317.92
Contract Amount Prior to this Change $3,604,084,.92
Amount of this Change Order $1,639.96
Revised Contract Amount, including this Change Order $3,605,724,88
Response:L_] Accept oO Do Not Accept

Gity of Nashua

Company Age
By Date a |
Yeaton Associates WELT.

Company

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City of Nashua
Independent Contractor Agreement

This agreement is made as of July 1, 2021 between the City of Nashua, a municipal
corporation, with an address of Nashua Transit System, 11 Riverside Street Nashua,
NH 03062 (City"), and Bill's World Class Cleaning Service, Inc., a New Hampshire
corporation, with an address of 63 Post Road, North Hampton, NH 03862 ("Contractor").
The City and Contractor (collectively referred to as the "Parties") hereby enter into this
Independent Contractor Agreement (‘Agreement") under the terms and conditions set
forth below.

1. PURPOSE

The City desires to enter into this agreement with Contractor for cleaning of the Nashua
Transit Center located at 30 Elm Street Nashua, NH 03061 ("Premises") six (6) times per
week and cleaning of the Nashua Transit Administration Building located at 11 Riverside
Street, Nashua, NH 03062 (“Premises”) three (3) times per week.

2. TERM

This Agreement is in effect from July 1, 2021 to June 30, 2024 unless earlier terminated
pursuant to this Agreement.

Contractor shall begin performance of the Services upon receipt of an Executed Contract
and_a valid Purchase Order issued from the City of Nashua.

3. SCOPE OF SERVICES

The Contractor agrees to perform all the services for the City at the Premises as described
in Exhibit A attached hereto and incorporated herein by reference (the "Services").

Except as otherwise provided in this contract, Contractor shall furnish all personnel,
equipment, supplies and materials and shall perform all operations necessary and
required to carry out and perform the Services in accordance with the terms and
conditions of this Agreement.

4. PAYMENT FOR SERVICES

1. The City shall pay the contractor at the rate of $1,300 per month. Payment shall
be prorated at a rate of $ 300. per week for any partial month {for a maximum of
$1,300.per month).

2. Contractor shall send monthly invoices to the City of Nashua, Accounts Payable
Department, 229 Main Street, Nashua, NH 03060 for review and approval for
payment.

3. The total amount of this three year contract shall not exceed $46,800.

4. The Contractor agrees to provide the City with written invoices for the Services
performed on a monthly basis, no later than fifteen (15) days after the end of each
month.

5. The City will pay for work satisfactorily completed by Contractor. The City will pay
Contractor within thirty (30) days of approval by the City of the submitted invoice.

The City will make no payments until the invoice has been submitted and
approved. The City does not pay interest or late fees.

5. INSURANCE COVERAGE

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

¢ General Liability insurance in the amount of $1,000,000 per occurrence;
$2,000,000 aggregate:

¢ $1,000,000 Combined Single Limit Automobile Liability;

¢ And Workers' Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$100,000.

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 shall not in any
manner limit or qualify the liabilities and obligations assumed by Contractor under this
contract. The City of Nashua shall not maintain any insurance on behalf of

Contractor. Subcontractors are subject to the same insurance requirements as
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 contract as an independent contractor, maintaining control over all its consultants,
sub consultants, contractors, or subcontractors. The only contractual relationship created
by this contract is between the City and Contractor, and nothing in this contract shall
create any contractual relationship between the City and Contractor's consultants, sub
consultants, contractors, or subcontractors. The parties also agree that Contractor is not
a City employee and that there shall be no:

(1) Withholding of income taxes by the City:

(2) 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 independent contractor or the City to the
public employee's retirement system;

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

(6) Unemployment compensation coverage provided by the City.

Contractor will provide the City of Nashua with certificates of insurance for coverage as
listed below and endorsements affecting coverage required by the contract within ten
calendar days after the City issues the notice of award. The City of Nashua 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, Employers' Liability and Auto Liability policies must name the City of Nashua
as _an additional insured_and reflect on the certificate of insurance. Contractor is

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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 liability insurance of at least
$1,000,000. 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 amount of its liability to the City or other persons, and
Contractor is encouraged to purchase such additional insurance, as it deems
necessary.

¢ The insurance provided herein is primary, and no insurance held or owned by the
City of Nashua 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.

6. STANDARD OF CARE

Contractor shall be responsible for the quality, timely completion, and coordination of all
Services performed under this Agreement. Contractor warrants that all Services 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 Contractor to assure at its own expense
that the Services are performed 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 may have, Contractor shall, at its own expense
and without additional compensation, re-perform Services to correct or revise any
deficiencies, omissions, or errors in the performance of the Services or which result from
Contractor's failure to perform in accordance with this standard of care. Any approval by
the City of any products furnished or used by Contractor shall not in any way relieve
Contractor of its responsibilities hereunder. City review, approval, or acceptance of, or
payment for any of Contractor's work under this Agreement shall not operate as a waiver
of any of the City's rights or causes of action under this Agreement, and Contractor shall
be and remain liable in accordance with the terms of the Agreement and applicable law.

7. INDEPENDENT CONTRACTOR

The Contractor agrees that he, she or it is completely independent from the City and is
not an employee of the City. The Contractor warrants that he, she or it may work for
other individuals and entities. 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 and
to determine whether it is being performed in an appropriate manner. 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
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this regard, except when necessary to carry out the efficient and effective work of the
City.

8. TERMINATION

The City, or the Contractor, may terminate this Agreement, without cause, upon thirty (30)
days written notice to the other party. The City may terminate this Agreement, with cause,
upon seven (7) days written notice to Contractor. The Contractor will be paid a prorated
amount for all Services performed up to the termination date.

9. INDEMNIFICATION

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 or on its behalf in connection
with or incidental to the performance of this Agreement. 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.

10. ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING

Contractor shall not assign, transfer, delegate, or subcontract any rights, obligations, or
duties under this Agreement without the prior written consent of the City.

11. MODIFICATION AND ENTIRE AGREEMENT

This Agreement constitutes the entire contract between the City and Contractor. The
Parties shall not be bound by or be liable for any statement, representation, promise,
inducement, or understanding of any kind or nature not set forth in this Agreement. No
changes, amendments, or modifications of any terms or conditions of the Agreement shall
be valid unless reduced to writing and signed by both parties.

12. CHOICE OF LAW AND VENUE

This Agreement shall be governed exclusively by the laws of the State of New Hampshire
and any claim or action brought relating to this Agreement, the work performed or
contracted to be performed thereunder, or referable in anyway thereto shall be brought in
Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the
New Hampshire 9th Circuit Court-Nashua and not elsewhere.

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13.FEDERAL CLAUSES

1. Energy Conservation

Contractor shall comply with mandatory standards and policies relating to energy
efficiency, stated in the state energy conservation plan issued in compliance with the
Energy Policy & Conservation Act.

2. Access to Records and Reports

1.

Record Retention. The Contractor will retain, and will require its
subcontractors of all tiers to retain, complete and readily accessible
records related in whole or in part to this Agreement, including, but not
limited to, data, documents, reports, statistics, sub-agreements, leases,
subcontracts, arrangements, other third party agreements of any type, and
supporting materials related to those records.

Retention Period. The Contractor agrees to comply with the record
retention requirements in accordance with 2 C.F.R. § 200.333. The
Contractor shall maintain all books, records, accounts and reports
required under this Agreement for a period of at not less than three (3)
years after the date of termination or expiration of this Agreement, except
in the event of litigation or settlement of claims arising from the
performance of this Agreement, in which case records shall be maintained
until the disposition of all such litigation, appeals, claims or exceptions
related thereto.

Access to Records. The Contractor agrees to provide sufficient access
to the City and the Federal Transit Administration (FTA) and _ their
contractors to inspect and audit records and information related to
performance of this contract as reasonably may be required.

. Access to the Sites of Performance. The Contractor agrees to permit the

City and the FTA and their contractors access to the site(s) of
performance under this Agreement as reasonably may be required.

3. Federal Changes

Contractor shall comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the
Master Agreement between the City and FTA, as they may be amended or
promulgated from time to time during the term of this Agreement. Contractor's failure
to comply shall constitute a material breach of this Agreement.

4. No Government Obligation to Third Parties

The City and Contractor acknowledge and agree that, notwithstanding any
concurrence by the US Government in or approval of the solicitation or award of this
Agreement, absent the express written consent by the US Government, the US
Government is not a party to this Agreement and shall not be subject to any

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Obligations or liabilities to the City, the Contractor, or any other party (whether or not
a party to this Agreement) pertaining to any matter resulting from this Agreement.
Contractor agrees to include the above clause ineach subcontract financed in whole
or in part with FTA assistance. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.

5. Program Fraud and False or Fraudulent Statements or Related Acts

Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 USC 3801 et seq. and US DOT regulations, "Program
Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this Agreement.
Upon execution of this Agreement, Contractor certifies or affirms the truthfulness
and accuracy of any statement it has made, it makes, it may make, or causes to be
made, pertaining to this Agreement or FTA assisted project for which this contract
work is being performed. In addition to other penalties that may be applicable,
Contractor further acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submittal, or certification, the US
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act (1986) on contractor to the extent the US Government deems
appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49
U.S.C chapter 53, the Government reserves the right to impose the penalties of 18
U.S.C 1001 and 49 U.S.C. 5323 (I) on the Contractor, to the extent the Federal
Government deems appropriate.

The Contractor agrees to include the above two clauses in each subcontract
financed in whole or in part with Federal assistance provided by FTA. It is further
agreed that the clauses shall not be modified, except to identify the subcontractor
who will be subject to the provisions.

6. Civil Rights and Equal Opportunity

i. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. §
5332, the Contractor agrees that it will not discriminate against any
employee or applicant for enployment because of race, color, religion,
national origin, sex, disability, or age. In addition, the Contractor agrees to
comply with applicable Federal implementing regulations and other
implementing requirements FTA may issue.

i. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of
the Civil Rights Act, as amended, 42 U.S.C. §2000e et seq., and Federal
transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with
all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of

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Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal
Employment Opportunity in Federal Employment," September 24, 965, 42
U.S.C. § 2000e note, as amended by any later Executive Order that amends
or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor
agrees to take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their
race, color, religion, national origin, or sex (including sexual orientation and
gender identity). Such action shall include, but not be limited to, the
following: employment, promotion, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition,
the Contractor agrees to comply with any implementing requirements FTA
may issue.

Age. Inaccordance with the Age Discrimination in Employment Act, 29
U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission
(U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29
C.F.R. part 625, the Age Discrimination Act of 975, as amended, 42
U.S.C.§6101et seg., U.S. Healthand HumanServices regulations,
"Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal FinancialAssistance," 45 C.F.R. part 90, and Federal
transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from
discrimination against present and prospective employees for reason of
age. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.

Disabilities. In accordance with section 504 of the Rehabilitation Act of 273,
as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 990, as
amended, 42 U.S.C. § 2101 et seq., the Architectural Barriers Act of 968,
as amended, 42 U.S.C. §4151 et seq., and Federal transit law at 49 U.S.C.
§ 5332, the Contractor agrees that it will not discriminate against individuals
on the basis of disability. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.

7. Disadvantaged Business Enterprise

i. The Contractor, subrecipient or subcontractor shall not discriminate on the

basis of race, color, national origin, or sex in the performance of this
Agreement. The Contractor shall carry out applicable requirements of 49
C.F.R. Part 26 in the award and administration of DOT-assisted contracts.
Each subcontract the Contractor signs with a subcontractor must include the
assurance in this paragraph (see 49 CFR 26.13(b)). Failure by the Contractor
to carry out these requirements is a material breach of this Agreement, which
may result inthe termination of this Agreement or such other remedy as the
City deems appropriate, which may include, but is not limited to:

a. Withholding monthly progress payments;

b. Assessing sanctions;
Cc. Liquidated damages; and/or
d. Disqualifying the contractor from future bidding as non-responsible.

49 C.F.R. § 26.13(b).

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