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City of Nashua
Service Agreement

Independence Day 2016 Fireworks Display

Service Agreement between ATLAS PYROVISION ENTERTAINMENT GROUP,INC. with its office
located at 136 Old Sharon Road — PO Box 498 in Jaffrey, NH 03452 (hereinafter “VENDOR”) and The

City of Nashua, New Hampshire (hereinafter “OWNER”).

This Agreement represents the entire and integrated agreement between the parties and supersedes prior
negotiations, representations or agreements, either written or oral.

The term of the contract shall be for one (1) year with the option, at the OWNER’s sole discretion, of two
(2) one (1) year extensions. Such extensions shall be on the same terms and conditions, including but not
limited to pricing, as the first year. Each year is subject to annual budget appropriations.

The VENDOR agrees to furnish to the OWNER a fireworks display of good quality and fired by
experienced operators in accordance with the program submitted, attached as Exhibit A. Invoicing
shall be in accordance with the attached, Exhibit A, which the OWNER has accepted and approved.

The OWNER agrees to procure and furnish a suitable place to display said fireworks and to
secure all police, local and state permits and to arrange for any security bonds as required by
law in their community when necessary and agrees to furnish police protection for proper crowd
control and auto parking, fire protection as required, and proper supervision in clearing the area
of debris after the display.

It is agreed and understood by the parties hereto that in the event the fireworks have been taken
out and set up before the rain, and with good weather prevailing, then such exhibition of fireworks
must be carried out in the best possible manner without any deductions whatever from the
hereinafter named compensation. In the event of inclement weather. which prevents the
execution of the display, then the display shall be executed on a mutually agreed upon. by both
parties, rain date.

The display shall be held at: Holman Stadium, Amherst Street, Nashua NH
Display Date: 7/4/2016 Rain Date: 7/5/2016

The OWNER agrees to pay the VENDOR the sum of:

Fourteen Thousand Five Hundred Dollars ($ 14,500.00)

Payment shall be made approximately 30 days from the time the payment application is received by the
OWNER depending upon the timing of submittals and approvals. Application for Payment performed
under this agreement shall be submitted directly to:

City of Nashua
Accounts Payable

PO Box 2019

Nashua, NH 03061-2019
Attn: Nick Caggiano

Page 1 of 4

City of Nashua
Service Agreement

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

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

> General Liability:
$1,000,000 per Occurrence
$2,000,000 Aggregate
*coverage must reflect coverage for blasting/explosives.
City of Nashua Additional Insured
> Motor Vehicle Liability:
$1,000,000 Combined Single Limit

*coverage must include all owned, non-owned and hired vehicles.
City of Nashua Additional] Insured

> Workers’ Compensation Coverage according to Statute of the State of New Hampshire:
$100,000 / $500,000 / $100,000

VENDOR and subcontractors at every tier will fully comply with NH RSA Chapter 281-A, “Workers”
Compensation”.

The insurance shall cover all operations involving fireworks and any vehicles used for the transportation or
storage of fireworks, bodily inquiry liability and property liability and reflect such on the certificate of
insurance. The insurance shal! also provide protection for underground property damage resulting
from fireworks or explosion.

VENDOR 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
VENDOR are intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by VENDOR under the contract. The OWNER shall not maintain any insurance on behalf of
VENDOR. Subcontractors are subject to the same insurance requirements as the VENDOR and it shall be
the VENDOR’s responsibility to ensure compliance of this requirement.

The parties agree that VENDOR shall have the status of and shall perform all work under this agreement as
an independent contractor, maintaining control over all its subcontractors. The only contractual relationship
created by this agreement is between the OWNER and VENDOR, and nothing in this agreement shall
create any contractual relationship between the OWNER and VENDOR’s subcontractors. The parties also
agree that VENDOR is not a City employee and that there shall be no:

Withholding of income taxes by the OWNER;

Industrial insurance coverage provided by the OWNER;

Participation in group insurance plans which may be available to employees of the OWNER;
Participation or contributions by either the VENDOR or the OWNER to the public employees
retirement system;

Accumulation of vacation leave or sick leave provided by the OWNER;

Unemployment compensation coverage provided by the OWNER.

PenN>

nun

Page 2 of 4

City of Nashua
Service Agreement

VENDOR will provide the OWNER with certificates of insurance for coverage, as listed, and
endorsements affecting coverage required by the Agreement. The OWNER 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 Liabili and Auto Liability policies must name the City of
Nashua as an additional insured and reflect on the certificate of insurance. VENDOR is responsible for
filing updated certificates of insurance with the City of Nashua's Risk Management Department during
the life of the contract.

> AIl 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,
VENDOR 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 VENDOR of its responsibilities or limit
the amount of its liability to the OWNER or other persons, and VENDOR is encouraged to
purchase such additional insurance, as it deems necessary.

> The insurance provided herein is primary, and no insurance held or owned by OWNER shall
be called upon to contribute to a loss.

> VENDOR is responsible for and required to remedy all damage or loss to any property,
including property of the OWNER, caused in whole or part by VENDOR or anyone
employed, directed, or supervised by VENDOR.

Regardless of any coverage provided by any insurance, VENDOR agrees to indemnify and shall defend
and hold harmless the OWNER, 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 VENDOR or of anyone acting
under its direction or control or on

its behalf in connection with or incidental to the performance of this contract. VENDOR’s indemnity,
defense and hold harmless obligations, or portions thereof, shall not apply to liability caused by the
negligence or willful misconduct of the party indemnified or held harmless.

If the VENDOR defaults or neglects to carry out the Work in accordance with this Agreement and fails
within a two day period after receipt of written notice from the OWNER to correct such default or neglect
with diligence and promptness, the OWNER may, without prejudice to other remedies, correct such
deficiencies.

The OWNER shall have no responsibility for the payment of money to any Subcontractor or material
supplier.

The OWNER shall not supervise or directly control the work of the VENDOR. The OWNER does
reserve the right to inspect the work being performed and to determine whether it is being performed in a
good and “workmanlike” manner. The VENDOR shall promptly correct Work rejected by the OWNER

as failing to conform to the Agreement. The VENDOR shall bear the cost of correcting such rejected work.

Page 3 of 4

City of Neshua, New Hampshire
Divislon of Public Works
2022 Sewer Replacement Project
1FB0779-021022

BID SCHEDULE - 2022 Sewer Replacement Project

7 Quantity! Units Item Description Unit Price Total Price

264 6 CA |Tes Pit 9) 500.00 3,900.00

268 4 EA [Tes Put9’ w 13") 1,000.00 4,000.00

27 bt) LE [Remove & Reinstall Easstune Fence (Clement Sirect Only) 50.00 2,500.00
PAGE SSUBTOTAL| 9500.00

SUBTOTAL of Page BS-1_992,795.00

515,575.
SUBTOTALof PageBS-2 15,575.00
661,080.00
SUBTOTALof Page BS-3
347,000.00
SUBTOTAL of PageBS-4
9,500.00
SUBTOTALof Page BS-5
TOTAL BID PRICE (FIGURES }: $2,B595000

t

TOTAI. BID PRICE (\VORDS) - BASE BID

Two million one hundred thirty-five thousand nine hundred fifty Dollars and

Zero Cents

Contractor:

S.U.R. Construction West Inc.

Address’

51 Payne Road, Winghester, NH 03470

Authorized Signature:

Muh Nii

Date:

February 10, 2022.

Phone

603-357-7950

Email Address:

erika@surconstructionwest.com

BS-50/5

City of Nashua
Service Agreement

The OWNER can terminate this Agreement at any time and pay the VENDOR a prorated amount for all

service performed up to that date.

The laws of the State of New Hampshire shall govern this Agreement exclusively and any litigation to this

Agreement shall be brought to a court located in the State of New Hampshire.

The agreement, along with the executed OWNER’s Purchase Order, are subject to the City of
Nashua Standard Terms and Conditions, which are available on the City’s website at

www.nashuanh.gov/purchasing.

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 Douchess, Mayor

(Printed Name and Title) (Printed Name and Title)

Date Date

Page 4 of 4

EXHIBIT A

BID SUMMARY SHEET
IFB0410-010816

Title: FIREWORKS DISPLAY, INDEPENDENCE DAY CELEBRATION 2016
Public Works Division, Parks and Recreation Department, Nashua, NH

18,000.00
Cost of 2016 Show - 3,500.00 Less Discount

Net cost of the proposed show: $__ 14,500.00
Total estimated time of show: _ 35 minutes.

Average lapsed time between shots: _ 2-3 seconds.

18,000.00
- 2,500.00 Less Discount

Cost of 2017 Show
Net cost of the proposed show: $_ 15,500.00
Total estimated time of show: _ 35 minutes.

Average lapsed time between shots: __2-3 seconds

18,000.00 ;
Cost of 2018 Show - 1,500.00 Less Discount

Net cost of the proposed show: $__ 16,500.00

Total estimated time of show: 35 minutes.

Average lapsed time between shots: 2-3 seconds
; . 18,000.00
Optional 2019 Fireworks Display: - 500.00 Less Discount

Net cost of the proposed show: $17,500.00 (must be less a discounted price to be considered)

“Pursuant to NRO, Section 2-256 (c), failure to complete this page will invalidate your submission.

Exceptions to specifications where non-compliant:
None

NAME AND ADDRESS: Atlas PyroVision Entertainment Group, Inc.
136 Old Sharon Road / PO Box 498
Jaffrey, New Hampshire 03452

PHONE: _ 603-532-8324 FAX: __ 603-532-4530

e-mail: _ sarah@atlaspyro.com

a
Daron CG Ro nong AGW _, Date: 1/4/2016

(Authorized Signature) 4

Sarah Pelkey-Bergeron, President

(Typed/Printed Name and Title)

Note: If you choose to not submit a bid, please complete vendor information above, provide a summary of the
reason(s) you are not bidding, and return this page to Central Purchasing at FAX 603-589-3344. Thank you.

. THE CITY OF NASHUA “The Cate City’

Financial Services

Purchasing Department

er enna EE

February 25, 2016
Memo #16-108

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: SCHOOL ZONE SPEED RADAR FEEDBACK SIGNS FOR ORDINANCE 0-16-074
(VALUE: $19,600)
DEPARTMENT: 161 STREETS; FUND: GENERAL;
ACCOUNT CATEGORY: 61 SUPPLIES & MATERIALS

Please see the attached communication from Steven Dookran P.E., City Engineer, dated February 29,
2016 for information related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. (5) Purchases from a sole manufacturer, where it
is determined to be more efficient and economical to reduce costs of maintenance of additional repair
parts, supplies or services.

The City Engineer, Board of Public Works (February, 29, 2016) and the Purchasing Department
recommend the award of this equipment to Marlin Controls, Inc. of Uxbridge, MA in an amount of
$19,600.

Respectfully,

pp

Dan Kooken

Purchasing Manager

Ce: S Dookran L Fauteux

229 Main Street e Nashua, New Hampshire 03061 * Phone (603) 589-3330 « Fax (603) 589-3344

To:

From:

Re:

EK. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: February 29, 2016

Stephen Dookran, P.E., City Engineer
Engineering Department

School Zone Speed Radar Feedback Signs for Ordinance O-16-074

To approve the purchase of radar feedback school zone flashing solar powered signs from
Marlin Controls Inc. of Uxbridge, MA in an amount of $19,600. Funding will be through
Department: 161 — Streets; Fund: General; Account Category: 61 Supplies & Materials.

Quote from Marlin Controls, Inc.

Legislation has been approved authorizing two school zone flashing speed limit signs
(Ordinance O-15-074) along Spit Brook Road 300 feet east and 350 feet west of the
crosswalk at World Academy.

In researching school zone flashing signs, it was determined that the company that
supplied many of the existing school zone flashing signs in the City has gone out of
business. Only one company, Marlin Controls, Inc., produces a similar sign. This
particular sign incorporates the flashing beacons and an illuminated reduced speed limit
into the sign as opposed to external flashing lights.

The City has successfully worked with Marlin Controls on numerous occasions and has
previously purchased a radar feedback sign from them that included software that will be
able to be used with this system, resulting in a savings of $325.00. Marlin Controls
worked with the City to properly configure these signs for use with solar power and to
provide a quality product. Marlin Controls, Inc. has also expressed their willingness to
hold their same 2014 pricing.

HVfariin
Controls inc.

“For All Your Traffic Signal Needs”
980 Quaker Highway e Uxbridge, MA 01569
PH (508) 278-0446 © FX (508) 278-0447
Visit us on-line @

www.marlin-controls.com

To: Wayne Husband From: Erik M. Wolf

Company: City of Nashua Pages: 1.

Phone: (603) 589-4700 Date: January 21, 2016

Fax (603) 589-3395 Res Request For Quotation

Marlin Controls New England thanks you for the opportunity to quate the following items. If you have
any questions, please feel free to contact us.

Qty. Description Unit Ext.
2 ea,

Solar Powered — School Zone Signal / Radarsign™ Combo $9000.00 | $18,000.00
Assembly C/O:

1) MAR-1020S — Solar Powered ( Winko-Matic Style ) One
Piece School Zone Signal Assembly w/ Illuminated “20°
MPH Indication in Portland Orange LEDs — Dual 8”
Amber LED Flashing Beacons — Post Top Mounted
Solar Panel Assembly ~ Diamond Grade Reflective
School Zone Sign w/ Fluorescent Yellow / Green School
Stripe — Side-of-Pole Mounting Hardware

1 ) Side-of-Pole Mounted Solar Control / Battery Cabinet
Natural Aluminum Finish In & Out

1) Radarsign TC-500S — Solar Powered Driver Feedback
Sign — Bluetooth Wireless Operation ~ “YOUR

SPEED “ Sign
tea. | Freight & Handling — $ 350.00 $ 350.00
Option :
2ea. | 16' Aluminum Pole w/ Square Base, Painted Yellow $ 625.00 $ 1,250.00

Notes :
A) System designed to flash school zone signals on weekdays for 1 hr. in the morning & 1 hr. in the afternoon

I nitions:

The above prices are quoted Net F.O.8. shipping point with FU GHT PREPAID & ADDED TO INVOICE AT RATE

QUOTED ABOVE to one destination in New Hampshire . Terms are net thirly days, upon approval, and this quotation is
guaranteed for 30 days. These terms and conditions supersede and override any vendee terms.

Thank you,

Erik M. Wolf