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Tuesday, July 26, 2022

iPDweb
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Diesel Price

$1.9863
$1.9141
$2.0105
$2.1825
$2.0291
$2.1595
$2.2028
$2.1546
$1.8950
$2.0819
$1.8754
$1.9020
$1.9001
$2.0190
$1.9300
$1.7924
$1.7321
$1.5713
$1.4855
$1.6293
$1.9260
$1.9664
$1.9841
$2.0810
$2.2232
$2.4094
$2.5363
$2.3416
$2.3845
$2.5007
$2.1991

$2.6308

Asphalt Price

$415.00
$415.00
$415.00
$415.00
$402.50
$390.00
$377.50
$350.00
$350.00
$350.00
$355.00
$357.50
$362.50
$342.50
$375.00
$380.00
$385.00
$395.00
$395.00
$395.00
$397.50
$460.00
$470.00
$490.00
$502.50
$532.50
$532.50
$542.50
$570.00
$580.00
$585.00

$610.00

Page 3 of 9

Fireworks Bid Analysis ~ 2016

Company 2.5" Shells 3" Shells 4" Shells Total

; Time/Shots 7 ‘Total Show Cast
RS Fireworks 189 827 609 1625 3 sec 39 minutes $17,500
Atlas 216 888 612 1716 2-3 sec 35 minutes $14,500
Pyrotecnico 240 864 420 1824 4-5 sec 35 minutes $17,500
i i

July 4, 2076

CITY CF NASHUA
30mm | 40mm | 2.5inch} 3inch | 4inch | Sinch Total
Opening Display 72 30 36 138
Main Display 258 504 762
Grand Finale 144 600 72 816
Totals: 216 888 G72
Duration: 35 Minutes Grand Total: 4,776

Atlas PyroVision Entertainment Group, Inc. provides all proposals with 12 million in Habllity
insurance including 1 million In transportation insurance as well as all highway transportation
fees, licensed pyrotechnicians, trained and certified employees of Atlas with workers compensation

in accordance with state statute.

All Atlas products are hand selected b y highly trained designers who travel to factories worldwide
to ensure the highest quality producis and safety standards are met for all Atlas displays,

P.O. Box 498, Jaffrey, NH 03452 - Tel: 603-532-8324 + Fax: 603-532-4530 + wwwatlaspyro.com

OPENING

72
30
36

MAIN BODY

12
30
72
72

ee PR Pe RAD

WW WW ww & ow w
RAARAARAARRRKeY

FINALE

144
120
120
180
180
18
18
18
18

2.5" Cakes
3" Shells
4" Shells

3" Shells
3" Shells
3" Shells
3” Shells
3” Shells
4" Shells
4" Shells
4" Shells
4" Shells
4" Shells
4" Shells
4” Shells
4” Shells
4" Shells
4° Shells
4" Shells
4" Shells
4" Shells
4" Shells-Asst
4" Shells-Asst
4" Shelis-Asst
4" Shells-Asst
4" Shells-Asst
4" Shells-Asst
4" Shells-Asst
4" Shells-Asst

2.5" Cakes

3" Shells-Finale
3° Shells-Finale
3” Shells-Finale
3” Shells-Finale
4° Shells-Finale
4" Shells-Finale
4" Shells-Finale
4" Shells-Finale

36 Shot Cake (36 each x 2 = 72 shots)
Sunny Asst A (RWB}
Sunny Asst 8 (Chrysanthemum/Peany}

Pixie Dust Willow Asst

Silver Diadem Chrysanthemum

Sunny Asst B (Chrysanthemum/Peony)

Sunny Asst C (Dahlia & Color Changing Chrysanthemum)
Sunny Asst D (Crosette Go-Getter Willow}

Smile w/Red Strabe Eyes

White 5 Point Star Pattern

Disco Strobe

White Strobe w/Purple Strobe

Blue Chrysanthemum w/ Bright Willow Ring
Tourbillion

Multicolor Comet w/Time Rain Pistil

Fuscia w/Fuscia Strobe

Half Red Half Blue w/Silver Chrysanthemum Ring
Red Palm to 1000s Brocade Crown

Golden Willow

Red & Blue w/ White Strobe Pistil

Gold & Silver Strobe

Flower King Asst E

Flower King Asst F

Sunny Asst A (RWB)

Sunny Asst B (Chrysanthemum/Peony}

Sunny Asst C (Dahlia & Color Changing Chrysanthemum)
Sunny Asst D (Crosette Go-Getter Willow)

Pixie Dust Willow Asst

An Ping Asst K

36 Shot Cake (36 each x 4 = 144 shots)
Brocade Crown Chain

RWB Peony Chain

Color & Bright Flawer Mix Chain

Bright Flower Chain

Brocade Crown Chain

Silver Wave Chrysanthemum R&B Pistil Chain
Spangle Chrysanthemum w/Mag Pistil Chain
Assorted Color Super Tail Chain

P.O, Box 498, Jaffrey, NH 03452 + Tel: 603-532-8324 + Fax: 603-532-4530 +» wwwaatiaspyro.com

CONTRACT FOR INDEPENDENT CONTRACTOR

Independence Day 2017 Fireworks Display

A CONTRACT BETWEEN

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

ATLAS PYROVISION ENTERTAINMENT GROUP,INC
and its successors, transferees and assignees (together “Independent Contractor”)
NAME AND TITLE OF INDEPENDENT CONTRACTOR

136 OLD SHARON ROAD~ PO Box 498
JAFFREY, NH 03452. —
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 a Independent Contractor ; and

WHEREAS, it is deemed that the services of a 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--Atlas Pyrovision Entertainment Group, Inc. Proposal
Exhibit C--City of Nashua Fireworks Insurance Requirements

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 contro] over the terms of
the Proposal.

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.

AG lof 3

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
Fifteen Thousand Five Hundred Dollars ($15,500.00)

which, uniess otherwise provided in this contract, shail be paid in accordance with the provisions of
Exhibit B or unless Independent Contractor has received a written exemption from the City of Nashua.
Independent Contractor 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: Nick Caggiano

To facilitate the proper and timely payment of applications, the City of Nashua requires that all
invoices contain a valid PURCHASE ORDER NUMBER. :

The City of Nashua will pay for work satisfactorily completed by Independent Contractor. The City of
Nashua will pay Independent Contractor within 36 days of approval by the City of Nashua of the
submitted invoice forms and progress reports. The City of Nashua will make no payments until the
invoice forms and progress reports have been submitted'and approved.

5. EFFECTIVE DATE OF CONTRACT.
The display shall be held at:_ Holman Stadium, Amherst Street, Nashuz NH
Display Date: 7/4/2016 Rain Date: 7/5/2016

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract
shall be in writing, shali be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:

Division of Public Works

Parks and Recreation Department
100 Concord Street

Nashua, NH 03064

Atten: Nick Caggiano

AG 2 of 3

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) Atlas Pyrovision Entertainment (signature)

James Donchess, Mayor a
(Printed Name and Title) “(Printed Name and Title)

Date Date

AG 3 of 3

NAY Fw DS

oo

10.
il,
12.
13.
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16.
17.
18.
19.
20.
21.
22.
23.
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25.
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28.

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 APPLICABEELAWS © ~
ENDORSEMENT a :

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
Crry INSPECTION OF CONTRACT MATERIALS

FINAL ACCEPTANCE _ S

TAXES J

NONn-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

GC 1 of 10

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1,

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 asstire 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.

GC 2 of 10

4. CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
Independent Contractor, and any other communication about the contract shall be addressed or be
delivered to the City of Nashua Representative.

5. CHANGES TO SCOPE OF WoRK The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work to be
performed, either increasing or decreasing the scope, character, or cost of Independent
Contractor's performance under the contract. Independent Contractor shall provide to the City of
Nashua within 10 calendar days, a written proposal for accomplishing the change. The proposal
for a change shall provide enough detail, including personnel hours for each sub-task and cost
breakdowns of tasks, for the City of Nashua to be able to adequately analyze the proposal. The
City of Nashua will then determine in writing if Independent Contractor should proceed with any
or all of the proposed change. If the change causes an increase or a decrease in Independent
Contractor's cost or time required for performance of the contract as a whole, an equitable
adjustment shall be made and the contract accordingly modified in writing. Any claim of
Independent Contractor for adjustment under this clause shall be asserted in writing within 30
days of the date the City of Nashua notified Independent Contractor of the change.

When Independent Contractor seeks changes, Independent Contractor shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify the
City of Nashua in writing of the estimate. The proposal for a change shall provide enough detail,
including personnel hours for each sub-task and‘cost breakdowns of tasks, for the City of Nashua
to be able to adequately analyze the proposal. The City of Nashua will then determine in writing
if Independent Contractor should proces with any or all of the proposed change.

Except as provided in this paragraph, Independai Sonttietor shall implement no change unless
the City of Nashua in writing approves the change. Unless otherwise agreed to in writing, the
provisions of this contract shall apply to all changes. The City of Nashua may provide verbal
approval of a change when the City of Nashua, in its sole discretion, determines that time is
critical or public health and safety are,of.concem. Any verbal approval shall be confirmed in
writing as soon as practicable. Any change undertaken without prior City of Nashua approval
shall not be compensated ia gnd 1 is,.at the City of Nashua's election, sufficient reason for contract
termination.

6. CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will cooperate
with Independent Contractor in the performance of its work under this contract and that such
personnel will be available to Independent Contractor for consultation at reasonable times and
after being given sufficient advance notice that will prevent conflict with their other
responsibilities. The City of Nashua also agrees to provide Independent Contractor with access to
City of Nashua records in a reasonable time and manner and to schedule items that require action
by the Board of Public Works and Finance Committee in a timely manner. The City of Nashua
and Independent Contractor also agree to attend all meetings called by the City of Nashua or
Independent Contractor to discuss the work under the Contract, and that Independent Contractor
may elect to conduct and record such meetings and shall later distribute prepared minutes of the
meeting to the City of Nashua.

7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Independent Contractor warrants that it has examined all contract documents, has brought all
conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing,
and has concluded that the City of Nashua's resolution of each matter is satisfactory to
Independent Contractor. All future questions Independent Contractor may have concerning
interpretation or clarification of this contract shall be submitted in writing to the City of Nashua
within 10 calendar days of their arising. The writing shall state clearly and in full detail the basis
for Independent Contractor's question or position. The City of Nashua representative shall render

GC 3 of 10