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City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 TEES EEE)

June 28, 2022
Memo #23-294

TO: Mayor Donchess
Finance Committee

SUBJECT: Landscaping in the amount not to exceed $13,000 funded from 54280 Building/Grounds
Maintenance/General Fund

Please see attached communications from Jennifer McCormack, Director of Nashua Public Library, dated
June 23, 2022 for project specific details related to this purchase. Below please find a summary of the
purchase approval request:

Item: Routine Landscaping & Grounds Maintenance at the Nashua Public Library
Value: $6,500 per year for 2 years to total $13,000
Vendor: Greener Tomorrow

Department: 179 Library

Source Fund: 54280 Building/Grounds Maintenance/ General Fund

Ordinance: Pursuant to § 5-78 Major purchases (greater than $25,000) A. All supplies and
contractual services, except as otherwise provided herein, when the estimated
cost thereof shall exceed $25,000 shall be purchased by formal, written contract
from the lowest responsible bidder, after due notice inviting bids.

A competitive bidding IFB for this project was issued on 5/10/2022 and the following proposals/bids were
received:

Vendor Location Amount | Note

Greener Tomorrow | Merrimack, NH | $13,000 | Due to the significant difference in cost of the bids
received a meetmg was held with the winning bidder
to ensure they met the requirements of our
definition of a responsible vendor.

Doty Group Hollis, NH $50,500

We recommend this project be awarded to the lowest total cost vendor who met the IFB specified
requirements. The Nashua Public Library, and the Purchasing Department respectfully request your
approval of this contract.

Regards,

Kelly Parkinson
Purchasing Manager

Ce: J McCormack
J Graziano

= Nashua
eG@= Public

(8 Library

June 23, 2022

To: John Griffin, CFO
From: Jennifer McCormack, Director
RE: Landscaping for the Nashua Public Library IFB 0592-052722

Mr. Griffin:

The library is interested in hiring a professional landscaping firm to take over regular
maintenance of the library plaza and grounds; in the past our maintenance supervisor had this

responsibility but that person does not have sufficient time or equipment to properly maintain

an area of that size.

An invitation for bids (IFB 0592-052722} was sent to 6 vendors and posted on the city’s website
on May 10, 2022. Bids were received from 2 companies, a summary of which is attached to this
memo. We are recommending that the 2 year contract be awarded to Greener Tomorrow in
the amount of $13,000 ($6,500 per year). This purchase will be paid for from the library’s
regular budget 79.1.720 54280 Buildings/Grounds maintenance.

i |
S ncerely, | “A

I fey MO “fp il
AGA C4 (Lp JE
fm L-

-

LO Jennifer McCormack, Library Director

4

2 Court Street | Nashua, NH 03060 | 603.589.4600 | www.nashualibrary.org

Doty Group Greene
i ftem# | Oty | Units Item Description Unit Price Total Price} Unit Price

90 Spring Cleanup $75.00 $6,750.00
30 Mulch $150.00 $4,500.00
7 Seasonal Lawn Maintenance $2,000.00 $14,000.00
1 Fall Cleanup $0.00
1 Brush & Shrub Pruning $0.00
$0.00
$0.00
Total Bid Price $25,250.00

Finance Committee — 04/20/2022 Page 3

NEW BUSINESS — ORDINANCES - None

RECORD OF EXPENDITURES

MOTION BY ALDERMAN COMEAU THAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE CITY
CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES FOR THE PERIOD
FROM APRIL 1, 2022 TO APRIL 14, 2022, BY ROLL CALL

A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Comeau, Alderman Gouveia, Alderman Clemons,
Alderwoman Timmons, Alderman Moran, Mayor Donchess 7

Nay: 0
MOTION CARRIED

GENERAL DISCUSSION

PUBLIC COMMENT

REMARKS BY THE ALDERMEN

ADJOURNMENT

MOTION BY ALDERMAN KLEE TO ADJOURN, BY ROLL CALL
A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Comeau, Alderman Gouveia, Alderman Clemons,
Alderwoman Timmons, Alderman Moran, Mayor Donchess 7

Nay: 0
MOTION CARRIED
The Finance Committee meeting was adjourned at 7:32 p.m.

Alderman Alex Comeau
Committee Clerk

‘Tomorrow
Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
$1,500.00 $0.00 $0.00 $0.00
50.00 $0.00) $0.00 $0.00)
$2,500.00 $0.00 $0.00 $0.00
$1,500.00 $0.00) $0.00 $0.00
$1,000.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00

$6,500.00 $0.00 $0.00 $0.00

CONTRACT FOR INDEPENDENT CONTRACTOR

TITLE

A CONTRACT BETWEEN

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

Greener Tomorrow its successors, transferees and assignees (together “Independent Contractor”)

NAME AND TITLE OF INDEPENDENT CONTRACTOR

64 Bates Rd. Merrimack, NH 03054

ADDRESS OF INDEPENDENT CONTRACTOR

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire. from time
to time requires the services of an Independent Contractor ; and

WHEREAS, it is deemed that the services of an Independent Contractor herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Independent Contractor 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--

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.

AG 1 of 3

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Independent Contractor 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.

DESCRIPTION OF WORK: Spring and fall cleanup and weekly maintenance of the grounds of the
Nashua Public Library at 2 Court St., Nashua as described in IFB 0592-052722

3. PERIOD OF PERFORMANCE. Independent Contractor shall perform and complete all work over a 2 year

period beginning on July |, 2022. which date shall only be altered by mutually approved written

agreement to extend the period of performance or by termination in accordance with the terms of the
contract. Independent Contractor shall begin performance upon receipt of an Executed Contract and a
valid Purchase Order issued from the City of Nashua.

4. COMPENSATION. Independent Contractor agrees to perform the work for a total cost not to exceed

Six thousand five hundred DOLLARS ner vear

The Contract Sum shall include all items and services necessary for the proper execution and completion
of the Work.

Unless Independent Contractor has received a written exemption from the City of Nashua, Independent
Contractor shall submit an itemized Application for Payment for operations completed in accordance
with the values stated in the Agreement. Such applications shall be supported by such data substantiating
the Independent Contractor’s right to payment as the City of Nashua may reasonably require.
Independent Contractor shall submit requests for payment for services performed under this agreement
directly to:

Electronically via email to VendorA PInvoices:a¢:NashuaNH.zov

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.

AG 2 of 3

The City of Nashua will pay for work satisfactorily completed and accurately invoiced by Independent
Contractor within thirty (30) days from the time of approval by the City of Nashua.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until the date of execution
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:

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 Independent Contractor 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, NA (signature) (signature)

Mavor James Donchess
(Printed Name and Title) (Printed Name and Title)

Date Date

AG 3 of 3

NAMB wh >

EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

INDEPENDENT CONTRACTOR 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, "Independent Contractor”, and its
successors, transferees and assignees (together “Independent Contractor”) includes any of the
Independent Contractor's consultants, sub consultants, contractors, and subcontractors

INDEPENDENT CONTRACTOR STATUS The parties agree that Independent 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 of Nashua and
Independent Contractor, and nothing in this contract shall create any contractual relationship
between the City of Nashua and Independent Contractor's consultants, sub consultants, contractors,
or subcontractors. The parties also agree that Independent Contractor 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 Independent Contractor 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 Independent Contractor shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. Independent Contractor 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 Independent Contractor 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,
Independent Contractor 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 Independent Contractor'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 Independent Contractor shall not in any way relieve Independent Contractor 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 Independent Contractor'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 Independent Contractor shall be and remain liable in accordance with the
terms of the contract and applicable law.

Independent Contractor 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

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