Finance Committee

In the event of a termination for cause, CONTRACTOR shail 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

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.

11. Upon receipt of a final Application for Payment, the OWNER will inspect the Work.
When the Work is deemed acceptable and the Contract fully performed, the OWNER will
promptly issue a final Certificate for Payment.

12. Acceptance of final payment by the CONTRACTOR, a subcontractor or supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.

ARTICLE 12 ~ PROTECTION OF PERSONS AND PROPERTY

10.

Once every thirty (30) days, the CONTRACTOR shall submit an itemized Application
for Payment for operations completed in accordance with the values stated in the
Agreement. Such application shall be supported by such data substantiating the
CONTRACTOR’s right to payment as the OWNER may reasonably require.

Application for Payment performed under this agreement shall be submitted as follows:

14. The CONTRACTOR shall keep the premises and surrounding area free from

accumulation of debris and trash related to the Work.

15. Upon completion of WORK, CONTRACTOR warrants and guarantees to OWNER, for

one (1 ear, and that all WORK was completed in accordance with the Contract
Documents and will not be defective. CONTRACTOR’s warranty and guarantee
hereunder excludes defects or damage caused by:

ARTICLE 8 - CONTRACTOR

1.

10.

12.

13.

Execution of the Contract by the CONTRACTOR is a representation that the
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.

General Terms and Conditions

ARTICLE 6 - GENERAL PROVISIONS

1,

The Contract represents the entire and integrated agreement between the parties and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a written modification.

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
CONTRACTOR to fulfill the CONTRACTOR’s obligations.

—

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 independent CONTRACTOR or the OWNER

to the public employee’s retirement system;
Accumulation of vacation leave or sick leave provided by the OWNER;
Unemployment compensation coverage provided by the OWNER.

ARTICLE 2 —~ WORK TO BE PERFORMED

Except as otherwise provided in this contract, 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.

DESCRIPTION OF WORK:

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

This agreement is made:

BETWEEN the OWNER: City of Nashua, New Hampshire

229 Main Street
Nashua, NH 03060-2019

And the CONTRACTOR: UltiPlay Parks & Playgrounds, Inc.

PO Box 374

Uxbridge, MA 01569

and its successors, transferees and assignees
(together “CONTRACTOR”)

For the following Project: City of Nashua NH

Salem Street Tot Lot Project

ARTICLE 1—- THE CONTRACT DOCUMENTS