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EXHIBIT B

Ild-— 100% Construction Documents
e Upon receipt of notice to proceed, final review comments will be addressed and final
construction document package prepared.
e — Upon completion of the final construction document package the following shall be
delivered to the client:
1. Reproducible scans of the construction drawings in PDF format.
2. Statement of probable construction costs in PDF format.

PHASE III —- Turnkey Construction Services

Objectives:
e Toconstruct the proposed Skatepark per plan, on time and within budget, while
maintaining world class qualitative standards. ie

Pre-Construction Meeting

e The Lead Designer and Construction PM will meetith Chie. d any other necessary

.Aocuments and or

specifications.

Construction
a. Mobilization

measures.
c. Grading will begin, to the sux
d. Installation of all shoteret e

scope of work hgve been completed.
e Final Project Completion Worksheet will be completed and submitted for final

payment.

Project Fees
Fees for the Services detailed in the proposed scope of work are outlined below. Reimbursable

expenses are included in the fee below.

Project Cost Fee Amount
Lump sum not to exceed amount of $550,000

Potential In-Kind Services
Artisan Skateparks
4600 Tamarack Dr., Kitty Hawk, NC, 27949
Andy Duck (252)202-1333, Fax (252)261-1184
artisanskateparks.com

EXHIBIT B

These services are potential and will or can be negotiated throughout the project:

Earthwork (import, compaction, stormwater drainage, and rough grading)

Irrigation (trenching)

Gravel Subbase

Material Donations (lumber, screws, concrete, rebar, steel, sand, stone)

Mobilization Expenses (housing, temporary storage container, dumpster services, portable
restrooms)

Our team is the leading name in the industry when it comes to integrating in-kind donations and
discounted materials/labor. We have completed numerous parks with what we call “Community
Support”. This plan enables us to integrate in-kind donations, materials, labor, etc into the
construction, which then reduces the overall construction fee to our clients. We have worked with
numerous communities aiding them during the construction process and helping them get more
skate-able square footage for their dollar. The value of any in-kind Services, materials or labor

ae

shall be a credit to the City in the final invoice.

ARTISAN SKATEPARKS RESPONSIBILITIES .

é
Cooperation: Artisan Skateparks will cooper? withthe Owner garing the life of the
Project. Artisan Skateparks will also take ail re: con 4 necessary precautions to protect
the Work of Owner and other contractors from da. : ge that may be caused by Artisan
Skateparks’s Work. 7 “ite”
Payment of oie Subcontracton ~ a) soplierg?*Artisan Skateparks agrees to pay
i a fabor, services, and materials supplied
ateparkts will indemnify and hold Owner
harmless from any claimssi ie . Skateparks’s employees, subcontractors, and
suppliers, providing Azan S eparks hg ‘been paid for the Work that is the subject of
the Claim.
Progress Reports: Gen requ. t by the Owner, Artisan Skateparks will supply reports on
the progress ont ‘fine Wor ee nd sti.) »s’of materials or equipment for use on the Project.
Safety: Arfi.a Skatepark, vill < comply with all safety laws, regulations, and/or
ordinances apy. cable to th’ Project that are set forth by any governmental agency with
jurisdiction overs *P. oidet. Artisan Skateparks will maintain a safe workplace at all
times and will imméc i

vely report any injuries or safety problems to Owner.

Clean up: Artisan Skateparks will maintain a clean work site and will keep the premises
free from accumulated waste.

Warranty: Artisan Skateparks warrants that the materials supplied and the equipment
furnished will be of good quality and new unless otherwise specified or permitted by the
Artisan Skateparks. Artisan Skateparks warrants that the Work will be free from defects
not inherent in the quality of the Work.

Project Assumptions
The following assumptions shall apply to the proposed scope of work and submitted fees:

All CAD files will be generated with AutoCAD 2007.

All drawings will be reviewed and stamped by necessary discipline retained by client.
Artisan Skateparks has not retained a Surveyor, Geo-technical Engineer, Civil Engineer
or Structural Engineer for this project.

Artisan Skateparks
4600 Tamarack Dr., Kitty Hawk, NC, 27949
Andy Duck (252)202-1333, Fax (252)261-1184
artisanskateparks.com

EXHIBIT B

Cost of any fencing, lighting, electrical or other amenities is not included in the fee
above.

Contract Provisions

1.

The compensation due Artisan Skateparks for the work to be performed hereunder shall be
set forth in Fees and Expenses above. The parties understand and agree that all work not
specifically delineated within the scope of work described herein shall be billed on a time
and materials basis, and shall be in addition to any budget, bid, or maximum price
agreement for the above described scope of work.

All fees, commissions, product charges and expenses billed shall be due within 30 days of
City approval of the billing. Artisan Skateparks will invoice for 10% at the completion and
acceptance of the Final Design Concept by the Client. Artisan Skateparks will invoice 10%
at the completion and acceptance of the Construction Documents. Artisan Skateparks will
provide Monthly pay applications during construction process. Pay applications will
accurately depict the progress of Artisan Skateparks’s Work outlined i in the Schedule of
Values (to be drafted at the completion of the Design Phase _

Should the project be published i in a book, magazine, ¢éwsp.' er, or publication for public
circulation, or if a job sign is erected, Artisan Skates“ 3 -, listed as the Skate Park
Designer and Contractor (as applicable). In addiric ‘on, this contract’: 3 fesents non-exclusive
approval by the Client for publication of the px, et bys stisan Skateparks.

The client shall be permitted to retain copies of draw ss and specifications for information
and reference in connection with the Che ie and oC _pancy of the project.

trary which requires safekeeping of
to safe keep or provide documents to Client,
‘seliable for any direct, actual or consequential
damages which occur a$ Sof its insibility to produce such documents by reason of
the casualty, destruction or of décuments held by Artisan Skateparks unless such
casualty, destruct#é: on Pas sha. -he-the result of the intentional and wrongful act or the
gross negligens? of Artis : _kateparks.

If any provisid.. of this Agr ement is for any reason held invalid or unenforceable, such
provision shall be. mets ‘separate and shall not affect the validity of the remaining
portions thereof.
This agreement shall ;-e binding upon and inure to the benefit of the parties and their
assigns and successors. in interest.

This agreement supersedes all prior agreements of the parties and shall not be

amended except by written agreement signed by each party.

Notwithstanding any provision herein <
documents or obligates Artisg i
Artisan Skateparks shall pes

Artisan Skateparks
4600 Tamarack Dr., Kitty Hawk, NC, 27949
Andy Duck (252)202-1333, Fax (252)261-1184
artisanskateparks.com

EXHIBIT B

Client: City of Nashua, NH Artisan Skateparks
Signature Signature
Printed Name Printed Name
Date Date
J

Ces,
gs

Artisan Skateparks
4600 Tamarack Dr., Kitty Hawk, NC, 27949
Andy Duck (252)202-1333, Fax (252)261-1184
artisanskateparks.com

EXHIBIT C

NOTICE OF AWARD
DATED:
TO:
(Independent Contractor)
ADDRESS:
PROJECT:

(Insert name of Contract)

The Contract Price of your contract is

The proposed Contract that the City of Nashua expects to execute, é

1. You must deliver to the City of Nashua fully #liecuted co
that the City of Nashua expects to execute; a

4

ty (Bonds), as specified in the General
f Liability Insurance, as specified in General

Conditions, Section 11- Insurance.

3. (List other conditions precedents)

Failure to comply with thes: ‘condi < with. “lie time specified will entitle the City of Nashua to consider your
proposal in default, to ap | this Notic,, of Award.

(FOR THE CITY OF NASHUA)

(TITLE)

Notice of Award

EXHIBIT D-1

CONSTRUCTION PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor)
a , hereinafter called Principal,
(Corporation, Partnership or Individual)
and
(Name of Surety)
(Address of Surety)

hereinafter called Surety, are held and firmly bound unto

(Name of Owner)

(Address of Owner)

hereinafter called OWNER and unto all persons, firms
labor, or who furnish materials to perform as described

and assigns, in the total aggregate penal sum of Dollars,

($ ) in lawful money of the Uni. atc. cor the payment of which sum well and

truly to be made, we bind ourselves. ti
ea

THE CONDITION OF Te
ae

af
certain contract with the®

20 , a copy of which. -h

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, and
corporations furnishing materials for or performing labor in the prosecution of the WORK provided
for in such contract, and any authorized extension or modification thereof, including all amounts
due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and
tools, consumed or used in connection with the construction of such WORK, and for all labor cost
incurred in such WORK including that be a subcontractor, and to any mechanic or material man
lienholder whether it acquires its lien by operation of State or Federal Law; then this obligation
shall be void; otherwise to remain in full force and effect.

PY - 1 of 3

PROVIDED, that beneficiaries or claimants hereunder shall be limited to the subcontractors, and
persons, firms, and corporations having a direct contract with the PRINCIPAL or its
SUBCONTRACTORS.

PROVIDED FURTHER, that the said Surety for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to the
WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in
any way affect its obligation on this BOND, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract or to the WORK or to the
SPECIFICATIONS.

PROVIDED, FURTHER that no suit or action shall be commenced hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with th¢;,PRINCIPAL shall have
given written notice to any two of the following: The PRINCIP“L, the OWNER, or the
SURETY above named within ninety (90) days after such clgim did or performed the last of
the work or labor, or furnished the last of the materials for witich sa. ‘claim is made, stating with
substantial accuracy the amount claimed and the name, GT the party tov. ein the materials were
furnished, or for whom the work or labor was done ¢¢ rerfor ag aed. Suck notice shall be served by
mailing the same by registered mail or certified mail, p re prepaid, in an envelope addressed
to the PRINCIPAL, OWNER, or SURETY, at any place wore an office is regularly maintained
ee iCy egal process may be served in the
ave Peels ‘service need not be made by a
public officer. (b) After the expiration « of one (1 ar foulowing the date on which PRINCIPAL
ceased work on said CONTRACT 40'u- . g under. tood, however, that if any limitation embodied
in the BOND is prohibited by ap aw Ch avolling fie construction hereof, such limitation shall

be deemed to be amended so as to & 4 ua..002 minimum period of limitation permitted by
such law. XS

PROVIDED, FURP#.°, that i xptessly agreed that this BOND shall be deemed amended
automatically and immed. aly, wif ,out formal and separate amendments hereto, upon
amendment to the Contract fi: sivfreasing the contract price more than 20 percent, so as to bind
the PRINCIPAL and the SURETY to the full and faithful performance of the Contract as so
amended. The term "Amendment", wherever used in this BOND and whether referring to this
BOND, the contract or the loan Documents shall include any alteration, addition, extension or
modification of any character whatsoever.

PROVIDED FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied.

PY -2 of 3

IN WITNESS WHEREOF, this instrument is executed

in counterparts, each one of

(number)

which shall be deemed an original,
this day of , 20

ATTEST:

Principal

By:

(Principal) Secretary

(SEAL) BY

(Address)

By:

Witness as to Principal

(Address)

(Surety)

ATTEST:

Attorney - in - Fact

By

Witness as to Surety (Address)

(Address 5

NOTE: Date of BOND mus sotdle prior to date of Contract.
If CONTRACTOR is partner: ip, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's

most current list (Circular 570 as amended) and be authorized to transact business in the State of
New Hampshire.

PY -3 of 3

EXHIBIT D-2

CONSTRUCTION PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor)
a , hereinafter called Principal,
(Corporation, Partnership or Individual)
and
(Name of Surety)
(Address of Surety)

hereinafter called Surety, are held and firmly bound unto

(Name of Owner)

(Address of Owner)
hereinafter called OWNER, in the total aggregate penal’s

copy of which is hereto atta:.,»ed ax:d made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreements of said contract during the original
term thereof, and any extension thereof which may be granted by the OWNER, with or without
notice to the Surety and during the one year guaranty period, and if the PRINCIPAL shall
satisfy all claims and demands incurred under such contract, and shall fully indemnify and save
harmless the OWNER from all costs and damages which it may suffer by reason of failure to do
so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may
incur in making good any default, then this obligation shall be void: otherwise to remain in full
force and effect.

PF -1 of 2

PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to WORK
to be performed thereunder or the specifications accompanying same shall in any way affect its
obligation on this BOND, and it does hereby waive notice of any such change, extension of time
alteration or addition to the terms of the contract or to the WORK or to the specifications.

PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon
amendment to the Contract not increasing the contract price more than 20 percent, so as to bind
the PRINCIPAL and the SURETY to the full and faithful performance of the Contract as so
amended. The term "Amendment", wherever used in this BOND and whether referring to this
BOND, the contract or the loan Documents shall include any alteration, addition, extension or
modification of any character whatsoever.

PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be

unsatisfied. Gres,
IN WITNESS WHEREOF, this instrument is executed

counterparts, each one of

which shall be deemed an original,

this , 20
ATTEST:
Principal
By:
(Principal) Secretary
(SEAL)
(Address)
By: ia ah & : : 7
Witness as to Pring L-
en Ss :
(Address)
(Surety)
ATTEST: BY
Attorney - in - Fact
By
Witness as to Surety (Address)
(Address)

NOTE: Date of BOND must not be prior to date of Contract.
' If CONTRACTOR is Partnership, all partners should execute BOND

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State of
New Hampshire

PF -2o0f2