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To:

From:

Re:

A. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division
Board of Public Works Meeting Date: May 31, 2018

Nicholas Caggiano - Superintendent
Parks and Recreation Department

Central Irrigation Purchase.

To approved the purchase and installation of a central irrigation system from the
low bidder that met the qualifications for the sum of $26,220 from Smart Water
Management LLC of Hopkinton, MA. Funding for the purchase will be through
Department: 177 Park & Recreation; Fund: General; Activity; Central Irrigation
Project.

Quote and specifications from Smart Water Management.

The central irrigation project once completed will allow the departments
irrigation systems throughout the city to be managed through software that will be
web based. This will allow changes to be made to the systems through a PC,
phone, or tablet. The software will also provide notifications regarding and
problems that are occurring such as leaks. The software will also be able to
produce reports that will show how well the systems are preforming. This phase
of the project will include the software, and the installation of master valves,
clock modules and flow meters to the systems at Mine Falls Park, Lincoln Park,
Roussel Park, and the Vietnam Veterans Park.

The system will save both employee hours and cut down on water usage the water
reduction is projected to be at least 25%. There were three bids received for this
purchase. The bids were analyzed by the Superintendent one bid did not meet the
specifications that were requested and was disqualified. Based on this information
it is the recommendation of the Superintendent that the purchase be awarded to
Smart Water Management of Hopkinton, MA.

Aaeees THE CITY OF NASHUA "The Gate City’
@ Division of Public Works
Parks > Recreation Departarent

Board of Public Works Meeting of May 31, 2018
Parks & Recreation Department

Agenda

A. Motion: To approved the purchase and installation of a central irrigation
system from the low bidder that met the qualifications for the sum of $26,220
from Smart Water Management LLC of Hopkinton, MA. Funding for the
purchase will be through Department: 177 Park & Recreation; Fund: General;
Activity; Central Irrigation Project.

100 Concord Street » Nashua, New Hampshire 03060 « Phane (603) 589-3370 « Fax (603) 589-3485

Bid Sheet

Central lrrigaiion Swsiein Location A} Mine Falls Park =
“8 ° “ Bids 2,250

Central ligation System Location B) Lincoln Park a

Bis 9,250

Central irrigation System Location C} Rouscl Park
. 2 fo ug
Bris ez Z 30

Central Irrigation System Location Dy Vietnam Veterans Purk
- . Bails 3.25%

Cellar and server fees onan annual basis per controller fixed far 4

yours BS FO yeas

& hour irrigation traning. irrigation Assessment Audit and Mappins :
& PPE Bids A208

S-hour Manulacturer Specific Traning .
. p - Bids i, foe

Inigation Assessment’ Audit for | system

Bus ¢, 4?

pas £4E6_

Imigation Map far f swstem

Phouxe describy your warranty: Saeed arf Water | Mana. agement, £66 Wa _+#
all wick completed a post of the Combeat Ieessation Systems (1FBOS Is. Z
052679) is Praceantledt * ae [ yedrsn dns. ele of “eniapldiins All
Miring ioswts betwee en aw controller and chchon ica lle. Cantre ted ve lies

are, excluded Fon the teaccaaly aah DOP” Opsce ok, va les ac
be. documented ducing Vg. wesigehion aS8¢55 men.

Mork must be comipieied he waiv 34. Tain,

Contact Superintendent Nick Caggiine, Caggisnonieneshuanh.gov (U3) 380.3362 Nashua, NH. Parks and
Recreation Deparment with any questions.

os . : s

ii Sac te Water Management, L666,
id

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Ackiross a fO_ fT Ja, ple S4

Perna sao kee 4 @s Marte woters Wah fie meat C orn
Phone: SO & 762 SHE Fax:

Date: 23 ‘a 201

1FBOS 75-0320 18 Central bopation Systems
229 Mam Street + Nashue, New Hampshire 03001 « Phone (604) S84 3330 © Fax (6031 569.3233

Page | 6

THE CITY OF NASHUA “The Cine Ci

Terman Ver

ilar 4 ie nantes

March 16, 2G18
{FB0575-032518
CENTRAL IRRIGATION SYSTEMS
ADDENDUM 41

information incluched in this document becomes a part of ihe angmal iri

if you are submitting a peper bid, please sign below tw indicate rec ceipt of this additional information anc include ie

page with your bid submittal. if you are submitting a bid via Bid £ apress please be sure to ar rtettee ie

on the website before submitting your bid.
ADDENDUDA 1 is being issued to respond to submitted questions.
All other aspects of the orwmioal documernd remain the same.

Failure to acknowledge the addendum will result in the bid submittal being disqualified.

Sintevely,

MY ry Ww C4 s
Danielle Greenberg
City of Nashua - Purchasing Agent II
greenbergd@nashuanh poy

Addendum #1 received and incorporated into bid submitial for /FB0575-032618
Please sign and include this addendurn in your bid package.

(Au Fiz Stgenature}

3/23/2018

(Daté)

Smact Wate Managewent, boo

{Name of Firm)

FROST. -OU4GIs ALENT AWG Tt
cn Main Strect « Machida, New fosipetar G0 te Page (OOS) 8G F900 «Fa. GN; SHG AL Baas 7

addendum

iFB0575-032618
CENTRAL IRRIGATION SYSTEMS
ADDENDUM #1

UESTION:

Pipe size per location for How meter? Type of existing controller per site? Availability for internet access or do
these need to be have cellular capabilily?

ANSWER:
All four locations have 2 inch mains
All four locations will need cellular or radio communications internet is not available.
The controllers are as follows
Ledge Street 2 controllers a Rain Bird ESP 16Ix plus and a Rain Bird Esp-ME
Haines Street has 2 Rain Bird ESp 16 Ix plus controllers
Lincoln Park has a Rain Bird ESP LKME

Mine Falls Park has a Rain Bird ESP LXME

1FR0290~-030118 ADDENDUM 1 Page 2 of 2
229 Main Street » Nashua, New Hampshire 03061 ° Phone (603) 589-3330 « Fax (603) 5B9-3233

CONTRACT FOR INDEPENDENT CONTRACTOR

CENTRAL IRRIGATION SYSTEMS
IFB0575-032618

A CONTRACT BETWEEN

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

SMART WATER MANAGEMENT , LLC
and its successors, transferees and assignees (together “Independent Contractor”)
NAME AND TITLE OF INDEPENDENT CONTRACTOR

10 MAPLE STREET, HOPKINTON, MA 01748
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--IFB0575-032618 dtd Feb. 23, 2018; and Addendum #1 dtd Mar. 16, 2018;
Exhibit C—Smart Water Management Bid Sheet dtd Mar. 23, 2018

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.

3. PERIOD OF PERFORMANCE. Independent Contractor 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. 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
TWENTY-SIX THOUSAND TWO HUNDRED TWENTY DOLLARS ($26,220.00)

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 monthly requests for payment for services performed under this agreement
directly to:

» Electronically via email to VendorAPInvoices@NashuaNH.gov
OR
» Paper Copies via US Mail to:
City of Nashua, City Hall
Accounts Payable
229 Main Street
Nashua, NH 03060

Pleasedo_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.

Applications for Payment shall be submitted no later than fifteen (15) days after the end of each month.
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 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:

AG 2 of 3

CITY OF NASHUA REPRESENTATIVE:

Nick Caggiano, Superintendent

City of Nashua, Parks and Recreation Department
100 Concord Street

Nashua, NH 03064

REPRESENTATIVE:

Kyle McNerney

Smart Water Management, LLC
10 Maple Street

Hopkinton, MA 01748

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, NH (signature) Smart Water Management, LLC (signature)

James Donchess, Mayor

(Printed Name and Title)

Date Date

AG 3 of 3

(Printed Name and Title)

Naw FY N

see

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

1. 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

2. INDEPENDENT CONTRACTOR STATUS The parties agree that Independent Contractor shall have
the status of and shall perform all work under this contract as a 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.

3. 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
Independent Contractor to perform work under this contract. Approved key personnel shall not
be taken off of the project by Independent Contractor without the prior written approval of the
City of Nashua, except in the event of termination of employment. Independent Contractor shall,
if requested to do so by the City of Nashua, remove from the job any personnel whom the City of
Nashua determines to be incompetent, dishonest, or uncooperative.

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