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Il. Support Services
Additional Annual Support Fee: $8,470.00

Annual Escalation Percentage Cap (effective after the Initial Term): 6% or the then-current
year-over-year increase in the Consumer Price Index (CPI-U), whichever is greater.

Initial Term of Support: Order Form Date through Twelve (12) months from Order Form Date.

Payment Terms:
Payment is due within 15 days of Order Form Date.

Fee for Initial Term of Support : $8,470.00

Total Amount Due (before applicable taxes): $50,820.00

Unless otherwise specified all amounts are
in United States Dollar.

Currency: USD

Licensee
Equipment (on which Component Systems will be installed): Account !D: 73517-L
Computer Platform: Model: Infor GL ID: USOAB
Operating System: DBMS: Account

Serial Number:

Executive Name: Andrew Nelson

Software Serial #

Location where equipment is located (if blank, the Delivery Address shall be the licensed Equipment location):

Delivery Address:

Invoice Address:

City of Nashua
229 Main Street
Nashua, NH 03060

City of Nashua
229 Main Street
Nashua, NH 03060

USA USA
Contact Name: Rick Pearl Contact Name: Rick Pearl
Contact Title: Contact Title:

Contact Phone: 603-589-3307

Contact Phone: 603-589-3307

Contact email: peralr@nashuanh.gov

Contact email: peralr@nashuanh.gov

Ill. Additional Terms

Licensee acknowledges that it is in possession of the above referenced Component System(s) and no shipping/delivery is

required.

Licensee’s purchase of the licenses specified herein is not contingent or dependent upon the provision of any consulting
services Licensee may choose to purchase from Infor contemporaneously with this Order Form or in the future.

Order Form (CPQ-English-US May 2016) OP-02209361 RCC SQB015027_1-3 v4 9/15/2016 Page 2 of 3

No changes or modifications of any kind to this Order Form shall be accepted after execution unless signed in writing by
both parties.

Any purchase order or similar document (other than a mutually executed and delivered Order Form) that may be issued
by the undersigned Licensee in connection with this Order Form does not modify this Order Form or the Agreement to
which it pertains. No such modification will be effective unless it is in writing, is signed by each party, and expressly
provides that it amends this Order Form (or as applicable, the Agreement).

For U.S. Government entities, the following restricted rights clause applies: This Component System is a “commercial
component,” as this term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “computer
software documentation,” as such terms are defined in 48 C.F.R. 252.227-7014(a){I) and 48 C.F.R. 252.227-7014(a)(5),
respectively, and used in 48 C.F.R. 12.212 and 48 C.F.R. 227.2702, as applicable, and all as amended from time to time.
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, and other relevant sections of the Code of Federal
Regulations, as applicable, and all as amended from time to time, all U.S. Government entities acquire this Component
System only with those rights set forth in the license agreement accompanying this Component System. Use, duplication,
reproduction, or transfer of this commercial software and accompanying documentation is restricted in accordance with
FAR 12.212 and DFARS 227.7202 and by a license agreement.

By signing this Order Form, Licensee represents and warrants that it has obtained all necessary authorizations and
approvals including, but not limited to, appropriation of funds and budget approval.

The pricing and terms set forth herein are valid if signed and returned to Infor on or before September 30, 2016.

Effective date of this Order Form: (the "Order Form Date"), to be completed by Infor upon
countersignature.

THE PARTIES have executed this Order Form through the signatures of their respective authorized representatives.

for: Infor (US), Inc. for. City of Nashua
(Licensee)
Signature Signature
Typed or Printed Name Typed or Printed Name
Title Date Title Date

Order Form (CPQ-English-US May 2016) OP-02209361 RCC SQB015027_1-3 v4 9/15/2016 Page 3 of 3

) THE CITY OF NASHUA ‘The Cate City’

Financial Services

Purchasing Department

September 29, 2016
Memo #17-056

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT FOR DAVID DEANNE SKATEBOARD PARK DESIGN BUILD (VALUE:

$500,000)
DEPARTMENT: 177 PARKS AND RECREATION; FUNDS: TRUST
ACTIVITY: DAVID DEANNE SKATEBOARD PARK

Please see the attached communication dated September 29, 2016 from Nicholas Caggiano,
Superintendent Parks and Recreation for the information related to this purchase.

Pursuant to § 5-84. Special purchase procedures. A. The competitive bidding process shall not apply to
the following special purchase. (4) Sole-source procurements, where the proposed purchase is
manufactured by only one company.

The Superintendent of the Parks and Recreation Department, Board of Public Works (9/29/2016 Meeting)
and the Purchasing Department recommend awarding this contract in an amount of $550,000 to Artisan
Skateparks of Kitty Hawk, NC.

Respectfully,

Purchasing Manager

Ce: N Caggiano L Fautex

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

To:

From:

Re:

A. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: September 29, 2016

Nick Caggiano, Superintendent
Parks and Recreation Department

Skateboard Park Design Build Contract Agreement.

To approve the contract for design build services for the relocation of the current
skateboard park with Artisan Skateparks of Kitty Hawk, North Carolina for the
sum of $550,000. Funding will be through Department: 177 Parks and Recreation;
Fund: Trust; Activity: David Deane Skateboard Park.

Proposal and statement of qualifications.

The relocation of the skateboard park was approved by the Planning Board on
September 8, 2016. The next phase of the project is to design and build the
facility. The recommendation of the Division and the skateboard community is to
enter into an agreement with Artisan Skateparks. This firm has over 25 years of
experience in skateboard park design and construction throughout the United
States as well as in the Caribbean and Europe. All of the crew members are active
skateboarders.

The firm also has experience building parks in colder climates such as
Massachusetts, Illinois and Sweden. The selection of this vendor as a sole source
vendor is based on the firm’s ability to design skate parks that appeal to skaters of
all levels of ability as well as the artistic element that is involved in the design.
The Division and skate board community both recommend entering into this
agreement with the sole source vendor Artisan Skateparks of Kitty Hawk, North
Carolina.

CONTRACT FOR INDEPENDENT CONTRACTOR
DESIGN - BUILD

REPLACEMENT FOR THE DAVID DEANE SKATEBOARD PARK

A CONTRACT BETWEEN

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

ARTISANS SKATEPARKS
and its successors, transferees and assignees (together “Independent Contractor”)
NAME AND TITLE OF INDEPENDENT CONTRACTOR °°

4600 TAMARACK DRIVE, KITTY HAWK, NC, 27949
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:

This Agreement signed by the City of Nashua and the Independent Contractor;
- Exhibit A--General Conditions for Contracts;

Exhibit B--Scope of Services, Contract Time, Fee Schedule;

Exhibit C--Notice of Award;

Exhibit D--Payment and Performance Bonds;

Exhibit E--Noticed to Proceed;

Exhibit F--Change Order Form;

MD MB & be

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 Exhibit Band the terms of this Agreement, Exhibit A, a
written change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement,
Exhibit A, the written change order or the fully executed City of Nashua Purchase Order shall control
over the terms of Exhibit B.

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 lump sum cost not to
exceed

Five Hundred Fifty Thousand and 00/00 Dollars ($ 550,000.00)
which, unless otherwise provided in this contract, shall 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: Division of Public Works Director, Lisa Fauteux

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

Requests for payment shall be submitted no later than fifteen (15) days after the end of each month and
must include a detailed summary of the expenditures reported in a form that supports the approved
budget. Specifically, Independent Contractor agrees to provide the following with each request for

payment:

1. Appropriate invoice forms. The. forms shall include the project purchase order number, a
listing of personnel hours and billing rates, and other expenditures for which payment is sought.

2. A progress report. The report shall include, for each monthly reporting period, a description
of the work accomplished, problems experienced, upcoming work, any extra work carried out,
and a schedule showing actual expenditures billed for the period, cumulative total expenditures
billed and paid to date under the contract, and a comparison of cumulative total expenditures
billed and paid to the approved budget.

The City of Nashua will pay for work satisfactorily completed by Independent Contractor. The City of
Nashua will pay Independent Contractor within 30 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. 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: REPRESENTATIVE:

Division of Public Works Director, Lisa Fauteux
9 Riverside Street
Nashua, NH 03062

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) Artisan Skateparks (signature)

James Donchess, Mayor
(Printed Name and Title) Se (Printed Name and Title)

Date Date

AG 3 of 3

16.

17.

18.

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 of Nashua 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.

NONDISCRIMINATION If applicable or required under any federal or state law, statute, regulation,
order, or other requirement, Independent Contractor agrees to the following terms. Independent
Contractor will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. Independent Contractor agrees to take affirmative action to employ,
advance in employment, or to otherwise treat qualified, handicapped individuals without
discrimination based upon physical or mental handicap in all employment practices, including but
not limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff, termination, rates of pay, or other forms of compensation and selection for training,
including apprenticeship.

Without limitation of the foregoing, Independent Contractor's attention is directed to Title
41”Public Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to
Public Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal
Employment, Department of Labor” which, by this reference, is incorporated in this contract.

Independent Contractor agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of work,
and obligation of Independent Contractor under this contract.

In connection with the performance of work under this contract, Independent Contractor agrees not
to discriminate against any employee or applicant for employment because of race, creed, color,
national origin, sex, age, or sexual orientation. This agreement includes, but is not limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.

Independent Contractor agrees, if applicable, to insert these provisions in all subcontracts, except
for subcontracts for standard commercial supplies or raw materials. Any violation of any applicable
provision by Independent Contractor shall constitute a material breach of the contract.

ENDORSEMENT Independent Contractor shall seal and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Independent Contractor or under its direction as required under the laws of the State of New
Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Independent Contractor shall not
assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer, delegation,
or subcontracting without the prior written consent of the City of Nashua is void. Any consent of
the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only apply to
the incidents expressed and provided for in the written consent and shall not be deemed to be a
consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

GENERAL PROVISIONS
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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1,

General Terms and Conditions

GENERAL PROVISIONS

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.

The term “Work” means the construction and services required by the Contract Documents, and
include all other labor, materials, equipment and services provided by the Independent Contractor
to fulfill their obligations.

The intent of the Contract Documents is to include all items necessary for the proper execution
and completion of the Work by the Independent Contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all.

In the case of a discrepancy, calculated dimensions will govern over scaled dimensions, Contract
Drawings will govern over Standard Specifications, and Technical Specifications will govern
over both Contract Drawings and Standard Specifications. In the case of a discrepancy between
the Agreement and other Contract Documents, the more specific or stringent obligation or
requirement to the benefit of the City of Nashua shall take precedence.

Except for permits and fees, which are the-responsibility of the Independent Contractor under the
Contract Documents, the City of Nashua shall obtain and pay for other necessary approvals,
easements, assessments and charges.

If the Independent Contractor fails to correct Work that is not in accordance with the Contract
Documents, the City of Nashua may direct the Independent Contractor in writing to stop the
Work until the correction is made.

If the Independent Contractor defaults or neglects to carry out the Work in accordance with the
Contract.Documents and fails within a sever (7) day period after receipt of written notice from
the City of Nashua to correct such default or neglect with diligence and promptness, the City of
Nashua may, without prejudice to other remedies, correct such deficiencies. In such case, a
Change Order shall be issued deducting the cost of correction from payments due the Independent
Contractor.

The City of Nashua reserves the right to perform construction or operations related to the project
with the City of Nashua’s own forces, and to award separate contracts in connection with other
portions of the project.

The Independent Contractor shali coordinate and cooperate with separate Independent
Contractor’s employed by the City of Nashua.

Costs caused by delays or by improperly timed activities or defective construction shall be borne
by the responsible party.

Execution of the Contract by the Independent Contractor is a representation that the Independent
Contractor has visited the site, become familiar with local conditions under which the Work is to
be performed and correlated personal observations with requirements of the Contract Documents.
The Independent Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the City of Nashua. Before commencing activities, the
Independent Contractor shall: (1) take field measurements and verify field conditions; (2)

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