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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:

- 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

This contract constitutes the entire contract between the City and the 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 contract. No changes, amendments, or
modifications of any terms or conditions of the contract shall be valid unless reduced to writing
and signed by both parties.

In the event that any current law, regulation, or ordinance, either local or state, is amended,
rescinded, newly enforced or enacted which affects this Agreement, the parties shall, in good faith,

5

amend this Agreement in order to be in compliance with said Legislative changes. If said changes
cause an increase in fees or costs by either party, the parties in good faith shall amend this
Agreement to reflect the treatment of said fees or costs.

INDEPENDENT CONTRACTOR

The Contractor agrees that HSFN is completely independent from the City and is not an employee
of the City. The Contractor warrants that HSFN may work for other individuals and/or entities.

CHOICE OF LAW AND VENUE
This Agreement shall be governed exclusively by the laws of the State of New Hampshire and any

litigation regarding the interpretation or enforcement of this Agreement shall only be brought in a
court located in the State of New Hampshire.

\_au ala. \ 3 (a * -_.

Douglas Barty) President and GEO James Donchess, Mayor
Humane Society for Greater Nashua Corporation City of Nashua, NH

25 July 2022

Date Date

City of Nashua

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

July 27, 2022

Memo #23-309

TO: Mayor Donchess
Finance Committee

SUBJECT: Purchase of a lighting structure system for Labine softball field in the amount not to
exceed $265,721 funded from 81304 Lighting Equipment/Park Rehabilitation Trust Fund

Please see attached communications from Bryan Conant, Superintendent of Parks & Recreation, dated July
28, 2022 for project specific details related to this purchase. Below please find a summary of the purchase
approval request:

Item: Light structure system including LED lights for Labine Park
Value: $265,721
Vendor: Musco Sports Lighting

Department: 177 Parks & Recreation
Source Fund: 81304 Lighting Equipment/Park Rehabilitation Trust Fund

Ordinance: Pursuant to § 5-84 Special purchase procedures A/(3) Purchases which can be

procured through cooperative intergovernmental purchase agreements with
other governmental jurisdictions

The Board of Public Works (7/28/2022 BPW meeting), Division of Public Works: Parks & Recreation, and
the Purchasing Department respectfully request your approval of this contract.

Regards,

Amy Girard

Purchasing Manager

Ce: B Conant
C O'Connor

To:

From:

Re:

Motion A:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: July 28, 2022

Bryan Conant, Superintendent
Parks and Recreation Department

Purchase of a Lighting Structure System for Labine softball field.

To approve the purchase of a 2022 light structure system including LED lights for
Labine Park from Musco Sports Lighting of Oskaloosa, IA in the amount of
$265,721 pursuant to the Sourcewell Contract #07619-MSL. Funding will be
through Department: 177 Parks & Recreation; Fund: Trust; Account Category: 71
Equipment.

Quote for Lighting at Labine softball field

The current lights at the softball field are extremely old. The lights cannot be
adjusted because the brackets have corroded. This causes the lights to shine in
players faces creating blind spots which creates a very hazardous playing
environment. The current electrical infrastructure is extremely dated. The fuse
box for the lights currently is mounted on an outfield pole leaving it very exposed
which creates a hazardous situation.

The lighting system proposed will be all LED lights which will save money in
terms of operational cost. The light system will come with Control-link an “APP”
which will allow staff to control and monitor the system remotely whether turning
it off and on or controlling the dimming controls.

Date: 7/15/22 Project: Labine Park Softball
To: Bryan Conant Nashua, NG
Ref: 208204

Sourcewell

Master Project: 199030, Contract Number: 071619-MSL, Expiration: 08/27/2023
Category: Sports lighting with related supplies and services

All purchase orders should note the following:
Sourcewell purchase — contract number: 071619-MSL

Quotation Price — Materials Delivered to Job Site and Installation
Lighting
Softball Field - ........ccccccsessscsseseccececeeeenneeneneeeees Leseuceeuescevscuseceaecessceencs seceseeeseees $ 265,721.00

Sales tax not included.
Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential.

Light-Structure System™ with Total Light Control — TLC for LED™ technology

Guaranteed Lighting Performance
e Guaranteed light levels of 30/20fc and uniformity of 2:1 / 3:1
e BallTracker® technology — targeted light, optimizing visibility of the ball in play with no glare in the players
typical line-of-sight

System Description
e 6 Pre-cast concrete bases with integrated lightning grounding
6 Galvanized steel poles
Factory wired and tested remote electrical component enclosures
Pole length, factory assembled wire harnesses
Factory wired poletop luminaire assemblies
Factory aimed and assembled luminaires, including BallTracker® luminaires
UL Listed assemblies

Control Systems and Services
e Lighting contactor cabinet to provide onsite on/off control
© §Control-Link® control and monitoring system to provide remote on/off and dimming (high/medium/low)
control and performance monitoring with 24/7 customer support

Operation and Warranty Services
e Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your
maintenance costs for 25 years
e Support from Musco’s Lighting Services Team — over 170 Team members dedicated to operating and
maintaining your lighting system — plus a network of 1800+ contractors

OOOO
MUSC CO Rae

2016, 2021 Musco Sports Lighting, LLC -1- M-2168-enUS-10

Installation Services Provided

Customer Responsibilities:

1. Complete access to the site for construction utilizing standard 2-wheel drive rubber tire equipment.

2. Locate existing underground utilities not covered by your local utilities. (i.e. water lines, electrical lines,
irrigation systems, and sprinkler heads). Musco or Subcontractor will not be responsible for repairs to
unmarked utilities.

3. Locate and mark field reference points per Musco supplied layout. (i.e. home plate, center of FB field)

4. Pay for extra costs associated with foundation excavation in non-standard soils (rock, caliche, high water

table, collapsing holes, etc.) or soils not defined in geo-technical report. Standard soils are defined as
soils that can be excavated using standard earth auguring equipment.

Pay any power company fees and requirements.

Pay all permitting fees and obtain the required electrical permitting.

Provide area on site for disposal of spoils from foundation excavation.

Provide area on site for dumpsters.

Provide sealed Electrical Plans. (If required)

OONDN

Musco Responsibilities:

1. Provide required foundations, poles, electrical enclosures, luminaires, wire harnesses, and control
cabinets.

2. Provide layout of pole locations and aiming diagram.

3. Provide Contract Management as required.

4. Provide stamped foundation designs based on soils that meet or exceed those of a Class 5 material as
defined by 2018 IBC Table 1806.2.

5. Assist our installing subcontractor and ensure our responsibilities are satisfied.

Subcontractor Responsibilities
General:

4. Obtain any required permitting.

2. Contact your local udig for locating underground public utilities and then confirm they have been clearly

marked.

3. Contact the facility owner/manager to confirm the existing private underground utilities and irrigation
systems have been located and are clearly marked to avoid damage from construction equipment. Notify
owner and repair damage to marked utilities. Notify owner and Musco regarding damage which occurred
to unmarked utilities.

Provide labor, equipment, and materials to off load equipment at jobsite per scheduled delivery.

Provide storage containers for material, (including electrical components enclosures), as needed.

Provide necessary waste disposal and daily cleanup.

Provide adequate security to protect Musco delivered products from theft, vandalism or damage during

the installation.

8. Keep all heavy equipment off playing fields when possible. Repair damage to grounds which exceeds that
which would be expected. Indentations caused by heavy equipment traveling over dry ground would be
an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds
would be an example of damage requiring repair.

9. Provide startup and aiming as required to provide complete and operating sports lighting system.

NOaP

QOOO
MNUSCO ee

2016, 2021 Musco Sports Lighting, LLC -2- M-2168-enUS-10

10. Installation to commence upon delivery and proceed without interruption until complete. Notify Musco
immediately of any breaks in schedule or delays.

Foundations, Poles, and Luminaires:

1. Mark and confirm pole locations per the aiming diagram provided. If there are any issues, immediately
notify your Musco Project Manager.

2. Provide labor, materials, and equipment to install 6 LSS foundations as specified on Layout and per the

stamped foundation drawings, if applicable.

Remove spoils to owner designated location at jobsite.

4. Provide labor, materials, and equipment to assemble Musco TLC-LED luminaires, electrical component
enclosures, poles, and pole harnesses.

5. Provide labor, equipment, and materials to erect 6 dressed LSS Poles and aim utilizing the pole
alignment beam.

wo

Electrical:

1. Provide labor, materials, and equipment to install new 200 amp electrical service panels as required.

2. Provide tabor, materials, and equipment to install all underground conduit, wiring, pull boxes etc. and
terminate wiring as required.

3. Provide as-built drawings on completion of installation, (if required).

Control System:

1. Provide labor, equipment, and materials to install Musco control and monitoring cabinets and terminate
all necessary wiring.

2. Provide a dedicated 120 V 20 A controls circuit or a step-down transformer for 120 V control circuit if not
available.

3. Check all zones to make sure they work in both auto and manual mode.

4. Commission Control-Link® by contacting Control-Link Central™ at 877-347-3319.

Payment Terms

Musco’s Credit Department wil! provide payment terms.
Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC:

Musco Sports Lighting, LLC

Attn: Amanda Hudnut

Fax: 800-374-6402

Email: musco.contracts@musco.com

All purchase orders should note the following:
Sourcewell purchase — contract number: 071619-MSL

Delivery Timing

6 - 8 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order
details including voltage, phase, and pole locations.

PSC

2016, 2021 Musco Sports Lighting, LLC -3- M-2168-enUS-10

Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to
pole locations after the product is sent to production could result in additional charges.

Notes

Quote is based on:

e Shipment of entire project together to one location.

e Structural code and wind speed = 2015 IBC, 120 mi/h, Exposure C, Importance Factor 1.

e OQwner is responsible for getting electrical power to the site, coordination with the utility, and any power company
fees.

e Includes supply and installation of Musco system including underground wiring and conduit, service entrance panel
board, and controls by a licensed contractor.

e Standard soil conditions — rock, bottomless, wet or unsuitable soil may require additional engineering, special
installation methods and additional cost.

e Confirmation of pole locations prior to production.

Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional
details.

Alan Grady

Sales Representative

Musco Sports Lighting, LLC
Phone: 207-604-8748

E-mail: Alan.Grady@Musco.com

OOOO
MISCO Raa

2016, 2021 Musco Sports Lighting, LLC -4- M-2168-enUS-10

ACORYY DATE(MM/DDIYYYY)
ee CERTIFICATE OF LIABILITY INSURANCE ov/2ar2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
(IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If L
SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this 2
certificate does not confer rights to the certificate holder in lieu of such endorsement(s). €
PRODUCER Come 3
Aon Risk Services Central, Inc. aa FAX by
Omaha NE Office (WC.No.exy: (402) 697-1400 FAX a}, (402) 697-0017 3
17807 Burke Street E-MAIL =
suite 401
Omaha NE 68118 USA
INSURER(S) AFFORDING COVERAGE NAIC #
INSURED A Indian Harbor Insurance Company 36940
Musco Sports Lighting, LLC INSURER B: Travelers Property Cas Co of America 25674
c/o Musco Corporation
100 1st Ave w INSURER C; Sentry Casualty Company 28460
Oskaloosa IA 52577 USA INSURER D: Sentry Insurance Company 24988
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: 570094632598 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
ey TYPE OF INSURANCE ausp| We. POLICY NUMBER pouicy err rote exe LIMITS
D | Xx | COMMERCIAL GENERAL LIABILITY Y 9016877004 07/01/2022 07/ O1/ 20231 each occuRRENCE $1,000,000
DAMAGE TO RENTED
| CLAIMS-MADE [ x J occur PREMISES [En 'occtifrence) $300,000
MED EXP (Any one person} $10 ’ 000
PERSONAL & ADV INJURY $1,000,000} ,
‘ee an

GEN’L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000;

1 oO

POLICY ne toc PRODUCTS - COMP/OP AGG $2,000,000] ©

——~T oa

OTHER 3

© | auTomosiLe LABILITY 90 16877 003 07/01/2022| 07/01/2023) ComBINED SINGLE LIMIT $1,000,000 °
cident ' :

x | ANY AUTO BODILY INJURY ( Per person) °
| OWNED | SCHEOULED BODILY INJURY (Per accident) =
[7 AvTOs ONLY AUTOS PROPERTY DAMAGE s

x | HIRED AUTOS x | NON-OWNED R 8
L—4 onty AUTOS ONLY |_(Per accident) =

| =e
+ ao
B | x | umBRELLALIAg x | occur CUP3S63336022NF 07/01/2022] 07/01/2023] cach occuRRENCE $10,000,000] ©
r | EXCESS LIAB || ctams-mane AGGREGATE $10,000, 000)
DED | x [retENTION $10,000
C | WORKERS COMPENSATION AND 9016877001 07/01/2022] 07/01/2023) y | Per statuTE jor
EMPLOYERS’ LIABILITY YIN AOS =
c | Grrceenenserexcuvenr = [NT wa| 19016877002 07/01/2022}07/01/2023]£+ EACHACCHENT $7,000,000
(Mandatory In NH) AZ, WI EL DISEASE-EA EMPLOYEE $1,000,000
DESCRIPTION oe ‘OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000
a | Archit&Eng Prof CE0742113902 07/01/2022] 07/01/2023| Aggregate $5,000,000
Claims -Made SIR $250,000) ==
SIR applies per policy terms & condi Each Claim $5,000,000] iam
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Remarks may be if more space is required) =
RE: Musco Project 208204 - Labine Park Softball. City of Nashua is included as Additional Insured in accordance with the =
policy provisions of the General tiability policy. ma
=
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CERTIFICATE HOLDER CANCELLATION =~
SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE 5
EXPIRATION DATE THEREOF, NOTICE WILL @E OELIVERED IN ACCORDANCE WITH THE a
POLICY PROVISIONS. acs
city of Nashua AUTHORIZED REPRESENTATIVE ras
229 Main Street es
Nashua NH 03060 USA > TZ ra
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