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do so. If all or part of the project is suspended for more than 90 days, the suspension shall be
treated as a termination at will of all or that part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, CONTRACTOR shall:

a. Immediately discontinue work on the date and to the extent specified in the notice.
b. Provide the OWNER with a list of all unperformed services.
C. Place no further orders or sub-contracts for materials, services, or facilities, other

than as may be necessary or required for completion of such portion of work under
the contract that is not terminated.

d. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the OWNER of all orders or sub contracts to the extent they relate to
the performance of work terminated, abandoned, or suspended under the notice,
assign to the OWNER any orders or sub contracts specified in the notice, and
revoke agreements specified in the notice.

e. Not resume work after the effective date of a notice of suspension until receipt of a
written notice from the OWNER to resume performance.

In the event of a termination, abandonment, or suspension at will, CONTRACTOR shall receive
all amounts due and not previously paid to CONTRACTOR for work satisfactorily completed in
accordance with the contract prior to the date of the notice and compensation for work thereafter
completed as specified in the notice. No amount shall be allowed or paid for anticipated profit on
unperformed services or other unperformed work.

TERMINATION FOR CAUSE

This agreement may be terminated by the OWNER on 10 calendar day’s written notice to
CONTRACTOR in the event of a failure by CONTRACTOR to adhere to any or all the terms
and conditions of the contract or for failure to satisfactorily, in the sole opinion of the OWNER, to
complete or make sufficient progress on the work in a timely and professional manner.
CONTRACTOR shall be given an opportunity for consultation with the OWNER prior to the
effective date of the termination. CONTRACTOR may terminate the contract on 10 calendar
days written notice if, through no fault of CONTRACTOR, the OWNER fails to pay
CONTRACTOR for 45 days after the date of approval by the OWNER of any Application for
Payment.

Upon receipt of notice of termination for cause, CONTRACTOR shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Provide the OWNER with a list of all unperformed services.

3. Place no further orders or sub-contracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract
that is not terminated.

4. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to
the OWNER of all orders or sub contracts to the extent they relate to the performance of
work terminated, abandoned, or suspended under the notice, assign to the OWNER any
orders or sub contracts specified in the notice, and revoke agreements specified in the
notice.

5. Not resume work after the effective date of a notice of termination unless and until receipt
of a written notice from the OWNER to resume performance.

CONTRACT AGREEMENT
Page 9 of 11

In the event of a termination for cause, CONTRACTOR shall receive all amounts due and not
previously paid to CONTRACTOR for work satisfactorily completed in accordance with the
contract prior to the date of the notice, less all previous payments. No amount shall be allowed or
paid for anticipated profit on unperformed services or other unperformed work. Any such payment
may be adjusted to the extent of any additional costs occasioned to the OWNER by reasons of
CONTRACTOR's failure. CONTRACTOR shall not be relieved of liability to the OWNER for
damages sustained from the failure, and the OWNER may withhold any payment to the
CONTRACTOR until such time as the exact amount of damages due to the OWNER is
determined. All claims for payment by the CONTRACTOR must be submitted to the OWNER
within 30 days of the effective date of the notice of termination.

If after termination for the failure of CONTRACTOR to adhere to any of the terms and conditions
of the contract or for failure to satisfactorily, in the sole opinion of the OWNER, to complete or
make sufficient progress on the work in a timely and professional manner, it is determined that
CONTRACTOR had not so failed, the termination shall be deemed to have been a termination at
will. In that event, the OWNER shall, if necessary, make an adjustment in the compensation paid
to CONTRACTOR such that CONTRACTOR receives total compensation in the same amount
as it would have received in the event of a termination-at-will.

GENERAL PROVISIONS FOR TERMINATION

Upon termination of the contract, the OWNER may take over the work and prosecute it to
completion by agreement with another party or otherwise. Upon termination of the contract or in
the event CONTRACTOR shall cease conducting business, the OWNER shall have the right to
solicit applications for employment from any employee of the CONTRACTOR assigned to the
performance of the contract. Neither party shall be considered in default of the performance of
such obligations is prevented or delayed by any cause, existing or future, which is beyond the
reasonable control of such party. Delays arising from the actions or inactions of one or more of
CONTRACTOR's principals, officers, employees, agents, subcontractors, sub consultants,
vendors, or suppliers are expressly recognized to be within CONTRACTOR's control.

ARTICLE 16 — DISPUTE RESOLUTION

The parties shall attempt to resolve any dispute related to this contract as follows. Either party
shall provide to the other party, in writing and with full documentation to verify and substantiate
its decision, its stated position concerning the dispute. No dispute shall be considered submitted
and no dispute shall be valid under this provision unless and until the submitting party has
delivered the written statement of its position and full documentation to the other party. The
parties shall then attempt to resolve the dispute through good faith efforts and negotiation between
the OWNER Representative and the CONTRACTOR Representative. At all times,
CONTRACTOR shall carry on the work under this contract and maintain and complete work in
accordance with the requirements of the contract or determination or direction of the OWNER. If
the parties are unable to resolve their dispute as described above within 30 days, the parties may
request that the dispute be submitted to the Board of Public Works for resolution. If the parties are
dissatisfied with the decision of the Board of Public Works, the parties’ reserve the right to pursue
any available legal and/or equitable remedies for any breaches of this contract except as that right
may be limited by the terms of this contract.

CONTRACT AGREEMENT
Page 10 of 11

ARTICLE 17 — CHOICE OF LAW AND VENUE

This contract shall be governed exclusively by the laws of the State of New Hampshire and any
claim or action brought relating to this contract, the work performed or contracted to be performed
thereunder, or referable in anyway thereto shall be brought in Hillsborough County (New
Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th Circuit
Court—Nashua and not elsewhere

ARTICLE 18 — MISCELLANEOUS PROVISIONS

1. Neither party to the Contract shall assign the Contract as a whole without written consent
of the other.

2. Tests, inspections and approvals of portions of the Work required by the Contract

Documents or by laws, ordinances, rules, regulations or orders of public authorities having

jurisdiction shall be made at an appropriate time.

If additional testing is required, the CONTRACTOR shall perform these tests.

4. The OWNER shall pay for tests except for testing Work found to be defective for which
the CONTRACTOR shall pay.

wo

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) UltiPlay Parks & Playgrounds, Inc.
(signature)

James W.Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)

Date Date

CONTRACT AGREEMENT
Page 11 of 11

EXHIBIT A

UltiPlay Parks & Playgrounds, Inc.
PO Box 374

Ul olac, Uxbridge, MA 01569

7 Phone: (508) 634-1497 Fax: (508) 634-6949
Email: dmartin@ultiplayus.com

Quote #:
2020Nashua
2new

Nick Caggiano ;

Nashua Parks & ae Date: 8/17/2020
Recreation Dept. Email: ep: byana Marin
100 Concord St. caggianon@nashuanh.gov

Nashua NH 03064 Mobile:

Qty Item # Name Price Total
1]DLG012 2020Sales Unit $14,527.00
1]ZZXX0193 Unity RockR $5,829.00
1|Swing-SP 8ft single post swing assembly w/2 belt seats $1,329.00
1]ZZxXX1054 Denali 4M Net $15,585.00
1/ZZBD0013 Picnic Boulder $7,595.00

15% Discount on Non sale items -$4,550.00
Shipping $4,200.00
Ultiplay Install $13,500.00
PIP Safety Surfacing $39,406.00
Sub Total $97,421.00
Taxes 0.000% $.00
TOTAL $97,421.00
Comments: This quote is valid for thirty (30) days and Office Use Only:

requires our confirmation thereafter. State taxes will be
collected unless a tax-exempt certificate is submitted with
order. Delivery can occur within approximately 3 to 5 weeks
after our receipt of an acceptable order.

Thank you for your business.

id needs play.

Lj ncol Nn Pa rk Sales Representative U Fok Ay Equipment Manufacturer S$ PLAYWORLD

“$ PLAYWORLD

ULTIPLAY PARK &
PLAYGROUNDS, INC.
P.O. Box 374
Uxbridge, MA 01569
866-575-PLAY

DLGO12

= EQUIPMENT SIZE:
came 2020 ULT
SALE UNIT
go GLIDE (VY pat
XG aa ‘ USE ZONE
DENAL! 4M y a ~~ SEE DWG.
5-12 ONLY
AREA: PERIMETER:
3549 SqFt. 240 Ft.
FALL HEIGHT:
8 Ft.
USER CAPACITY: AGE GROUP.
50+ 2-12

PICNIC
BOULDER

v ASTM F1487-17
vy CPSC #325

PROJECT NO SCALE:
22720-DM-OP2 NOT TO SCALE

DRAWN BY:

Paper Size
DANA GRUBBS
DATE fe
04-MAR-20

LINCOLN PARK

NASHUA, NH

Lincoln Park

Design Number: 22720-DM-OP2 - Compliance and Technical Data
Reference Document: ASTM F1487

Pre- Post-
Unit Total Consumer CO2e Active
Ref. ASTM Weight Recycled Content Footprint Install Concrete Play
No. Part No. Qty. Description Status (Ibs) (Ibs) (kgs) Users Hours (Yds3) Events

we ASTM F1487

The lay-out for this custom playscape, design number 22720-DM-OP2, has been configured to meet the requirements of the ASTM F1487 standard. In
addition, each of the above components listed as "Certified" have been tested and are IPEMA certified. Components listed as "Not Applicable" do not fall
within the scope of the ASTM F1487 standard and have not been tested. IPEMA certification can be verified on the IPEMA website, www.ipema.org. In the
interest of playground safety, IPEMA provides a Third Party Certification Service which validates compliance.

yy) 2010 ADA Standards for Accessible Design

The lay-out was also designed to meet the 2010 Standards published 15-Sep-2010, by the Department of Justice when installed over a properly maintained
surfacing material that is in compliance with ASTM F1951 "Accessibility of Surface Systems Under and Around Playground Equipment" as well as
ASTM F1292, "Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment", appropriate for the fall height of the structure.

sy! Installation Times

Installation times are based on one experienced installer. A crew of three experienced individuals can perform the installation within the given time, each
member working 1/3 of the given hours. [Eg. Installation Time = 30 hours. For a crew of three, each member will work 10 hours on the installation for a
total of 30 hours on the project.]

sy! Carbon Footprint

The CO2e (carbon footprint given in Kilograms and Metric Tons) listed above is a measure of the environmental impact this play structure represents from
harvesting raw materials to the time it leaves our shipping dock. Playworld Systems nurtures a total corporate culture that is focused on eliminating carbon
producing processes and products, reducing our use of precious raw materials, reusing materials whenever possible and recycling materials at every
opportunity. Playworld Systems elected to adopt the Publicly Available Specification; PAS 2050 as published by the British Standards Institute and
sponsored by Defra and the Carbon Trust. The PAS 2050 has gained international acceptance as a specification that measures the greenhouse gas
emissions in services and goods throughout their entire life cycle.

uy Pre-Consumer Recycle Content

A measurement, in pounds, that qualifies the amount of material that was captured as waste and diverted from landfill during an initial manufacturing
process and is being redirected to a separate manufacturing process to become a different product. E.g. 100% of our Aluminum Tubing is made from
captured waste material during the manufacturing process of extruded Aluminum products such as rods, flat bars and H-channels.

uy. Post-Consumer Recycle Content

A measurement, in pounds, that qualifies the amount of material that was once another product that has completed its lifecycle and has been diverted from
a landfill as a solid waste through recycling and is now being used in a Playworld Systems' product. E.g. **20% to 40% of the steel in our steel tubing and
sheet steel have been diverted from landfills. Automobiles are scrapped and recyclable steel is purchased by the steel mill that produces our raw product.
*« The amount of Post-Consumer recycled steel fluctuates daily based on the availability of the recycled steel.

S$ PLAYWORLD

Wednesday, March 04, 2020 Page 2 of 2 Playworld.com

ga THE CITY OF NASHUA vhs

Administrative Services
Purchasing Department

August 26, 2020
Memo #21-029

TO: Mayor Donchess
Finance Committee

SUBJECT: Playground Equipment for Lincoln Park
Please see attached communications from Nicholas Caggiano, Superintendent of the Parks and

Recreation Department dated August 27, 2020 for project specific details related to this purchase. Below
please find a summary of the purchase approval request:

Item: Playground Equipment to replace unsafe equipment removed last year in Lincoln
Park

Value: $97,421

Vendor: Ultiplay Playgrounds of Uxbridge MA

Department: 177 Parks & Recreation
Source Fund: Capital: Lincoln Park Improvements

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 Superintendent of Parks & Recreation, Board of Public Works (8/27/20 BPW Meeting) and the
Purchasing Department respectfully request your approval of this contract.

Regards,

Kelly Parkinson
Purchasing Manager

Ce: N Caggiano
C O'Connor

229 Main Street e Nashua, New Hampshire 03061 « Phone (603) 589-3330 »« Fax (603) 589-3233

To:

From:

Re:

B. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: August 27, 2020

Nick Caggiano, Superintendent
Parks and Recreation Department

Purchase and installation of a playground for Lincoln Park.

To approve the purchase and installation of a playground for Lincoln Park from
Ultiplay Playgrounds, Inc. of Uxbridge, MA pursuant to the Massachusetts state
contract # ¥C000510633FAC 104 in the amount of $97,421, Funding will be
through Department: 177 Parks and Recreation; Fund: Capital; Activity: Lincoln
Park Improvements.

Quote and concept drawing

The scope of work for this project includes the installation of a play structure and
poured in place playground surfacing. The Lincoln Park playground was removed
last year due to safety concems. Several types of playgrounds were looked at and
this modei will bring an element of nature to this urban setting. The goal is to
have the area prepped as part of the park renovations this fall and have the
playground installed late this fall or first thing in the spring depending on the
construction schedule and the weather. Uliiplay was the vendor that provided and
installed the Salem Street Tot Lot and the playground hand sanitizer stations this
year. Their work was very good and performed in a timely fashion.