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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 the PRINCIPAL shall have
given written notice to any two of the following: The PRINCIPAL, the OWNER, or the
SURETY above named within ninety (90) days after such claimant did or performed the last of
the work or labor, or furnished the last of the materials for which said claim is made, stating with
substantial accuracy the amount claimed and the name of the party to whom the materials were
furnished, or for whom the work or labor was done or performed. Such notice shall be served by
mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed
to the PRINCIPAL, OWNER, or SURETY, at any place where an office is regularly maintained
for the transaction business, or served in any manner in which legal process may be served in the
state in which the aforesaid project is located, save that such service need not be made by a
public officer. (b) After the expiration of one (1) year following the date on which PRINCIPAL
ceased work on said CONTRACT, it being understood, however, that if any limitation embodied
in the BOND is prohibited by any law controlling the construction hereof, such limitation shall
be deemed to be amended so as to be equal to the minimum period of limitation permitted by
such law.

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.

PY - 2 of 3

EXHIBIT A

ae
Agreement is Not

«= Constellation. vats Unies

; Executed by Selle
An Exelon Company ¥ r

Constellation NewEnergy, Inc.
Electricity Supply Agreement — Fixed Price Solutions

CITY OF NASHUA NH (“Customer”) AND Constellation NewEnergy, Inc. ("Seller") AGREE AS FOLLOWS:

Defined Terms. Capitalized terms have the meanings set out in this Electicitly Supply Agreement, including the atached General Terms and Condifons
("Agreement’); generally the words "you" and "your" refer to the Customer listed above and the words "we" and "us" refer to Seller, unless the context clearly

requires otherwise.

Purchase and Sale of Electricity. You will purchase and receive, and we will sell and supply all of your electricity requirements at the prices set forth below
for each account identified in the Account Schedule below ("Account’}), By signing this Agreement, you authorize us to enroll each Account with your UDC so
fhat we can supply those Accounts). You will take such acions as we request to allow us to enroll each Account in a imely manner. You agree that we may
select such sources of energy as we deem appropriate to meet our obligations under the Agreement We will enroll each Account with the applicable UDC as
being supplied by us and will take such other actions wih the applicable UDC and ISO necessary for us fo meet our obligations under the Agreement

The speciic prices for each Account are set forth in the Account Schedule, below. You are also responsible to pay (1) Taxes - which we will pass through fo
you on your bill or as part of the price of electricity, as may be required by law, rule or regulation and (2) UDC charges for delivery/distribution services if we
provide you a single bill that includes UDC charges. Your prices are fixed for he existing term of this Agreement and only subject to change if there is a
change in law, as described in Secion 5 of the General Terms and Condifons below, The UDC charges (if any) and Taxes are charged to you as a “pass-
hhrough," which means they will change during the existing farm of this Agreement if and as the related charges assessed or charged vary for any reason,
including but not limited to the types of changes described above.

Cost Components. For each of the items listed as "Fixed" below, this means the ifem is included in your contract prices as set forth in the Account Schedule.
For each of the items listed as “Passed Through" below, this means that you will be charged the costs associated with the line item in accordance with the
defnifions of each item in Section 1, Defnifions of the General Terms and Conditions.

Energy Costs Fixed
Ancillary Services And Other ISO Costs | Fixed
Capacity Costs Fixed
Line Loss Costs Fixed
FERC Order 745 Costs Fixed
Winter Reliability Costs Fixed

The contract prices contained in the Account Schedule have been reduced to refect a fxed credit fp you for the Aucion Revenue Rights and Transirission
Loss Credits associated with the Account(s). The contract prices also incude any credit costs and margin as well as Renewable Portfolio Standards Coss.

Retail Trade Transactions. At any fme during the term of this Agreement, you may request the purchase of renewable energy certificates in an amount
equal ) a prescribed percentage of your load volume by entering info one or more Retail Trade Transactions ("RTTs") between us. If we both agree to the
pricing and terms of the renewable energy certificates purchase, a separats RTT Conirmation signed by both of us will document each such purchase and be
incorporaied herein.

Term. This Agreement will become efecive and binding after you have signed the Agreement and we have counter-signed. Subject to successfull enrollment
of your Account{s), this Agreement shall commence on or about the date set forth under "Start Date", and end on or about the date set forth under "End Date",
unless extended on a holdover basis as described in this Agreement The actual Start Date is dependent on the UDC successfully enrolling the Accouni(s) and
furnishing us with all necessary information regarding the Accounts) meter read cycle and meter read date(s). The dates set forth in the Account Schedule
below reflect UDC informaton available at that fime or as otherwise estimated by us, The actual meter read dates may occur on or about the dates set forth
herein. We will use commercially reasonable efforts i» begin service 1 each Accounts) on the actial meier read date on or about the Start Data set forth
herein. lf we are unable to fimely enrofi an Account, the Start Date will commence on the next regularly scheduled UDC meter read cycle date following
Successful enrollment The End Dats will remain the sare unless extended for a holdover term. We shall not be liable for any failure t enroll or drop an

FOR INTERNAL USE ONLY
©2016 Constellation Energy Resources, LLC Allrights reserved,
Errors and omissions excepted. Std. Short Form_v.2010 Rev Mar-04-2016 0

Sales Rep: Craig Brazell 117636.46911.0 Printed: 9/15/2016
Page - 1 - of 12

10.

11.

such party. Delays arising from the actions or inactions of one or more of Professional Engineer's
principals, officers, employees, agents, subcontractors, consultants, vendors, or suppliers are
expressly recognized to be within Professional Engineer's control.

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 City of Nashua Representative and a Professional Engineer
Representative. At all times, Professional Engineer 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 City of Nashua. If the parties are unable to resolve their dispute
as described above within 30 days, if requested in writing by either the City of Nashua or the
Professional Engineer within 14 days after the 30 days described above, the parties shall attempt
to resolve the dispute by entering into structured non-binding negotiations with the assistance of
a mediator on a without prejudice basis. The mediator shall be appointed by agreement of the
parties; which agreement shall not be unreasonably withheld. If the parties cannot agree to a
mediator within 30 days or the dispute cannot be settled within a period of thirty (30) days with
the mediator, 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.

No Damages for Delay. Apart from a written extension of time, no payment, compensation, or
adjustment of any kind shall be made to Professional Engineer for damages because of hindrances
or delays in the progress of the work from any cause, and Professional Engineer agrees to accept
in full satisfaction of such hindrances and delays any extension of time that the City of Nashua
may provide.

Insurance. Professional Engineer shall carry and maintain in effect during the performance of
services under this contract:

> General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
> $1,000,000 Combined Single Limit Automobile Liability;
*Coverage must include all owned, non-owned and hired vehicles.
> $1,000,000 Profession Liability;
> and Workers' Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$100,000.

Professional Engineer 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 Professional Engineer are intended to and shall not in any manner limit
or qualify the liabilities and obligations assumed by Professional Engineer under this
contract. The City of Nashua shall not maintain any insurance on behalf of Professional Engineer.
Professional Engineer shall require Subcontractors to carry appropriate and lawful amounts of
insurance for the services they are providing. Professional Engineer will ensure compliance with
this section and shall receive valid certificates of insurance from all Subcontractors as proof that
coverage is in place.

GC 6 of 12

IN WITNESS WHEREOF, this instrument is executed

in

which shall be deemed an original,
this

ATTEST:

By:

(Principal) Secretary

(SEAL)

By:

Witness as to Principal

(Address)

ATTEST:

By

Witness as to Surety

(Address)

counterparts, each one of
(number)

day of , 20

Principal
BY
(Address)
(Surety)
BY

Attorney - in - Fact

(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.

PY - 3 of 3

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 sum
of

Dollars, $( )

in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators successors, and assigns, jointly and

severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a

certain contract with the OWNER, dated the day of 20 a

2

copy of which is hereto attached and 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.
IN WITNESS WHEREOF, this instrument is executed counterparts, each one of
~~ (qumber)
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: BY
Attomey - 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 - 2 of 2

INSERT CERTIFICATE OF LIABILITY INSURANCE

COI-1

DIVISION 4

CONTRACT AGREEMENT

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of the day of in the year 2021 by and between the
City of Nashua, New Hampshire (hereinafter called OWNER) and __Sunshine Paving Corporation
and its successors, transferees and assignees together hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:

ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
ARTICLE 2 - THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:

The scheduled work is located in various areas throughout the City of Nashua and consists primarily of
pavement overlaying, pavement milling with overlay, and pavement reclamation. The City of Nashua
reserves the right, for the Street Paving portion of the contract, to substitute streets of a similar nature
or to add additional streets subject to contract amendment process.

ARTICLE 3 - ENGINEER
3.01 Division of Public Works

Engineering Department

9 Riverside Street

Nashua, NH 03062
is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in
connection with completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for
final payment as stated in the Contract Documents are of the essence of the Contract.

AG -1 of7

4.02 Dates for Substantial Completion and Final Payment

The anticipated Commencement date for the contract is on or about March 22, 2021. Project will begin
once a written “Notice to Proceed” is issued.

Substantial Completion shall be by October 15, 2021. Substantial completion is defined in Section 1.01 of
the General Terms and Conditions.

Contract completion shall be by October 31, 2021.

4.03 Liquidated Damages

A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that
OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above,
plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also
recognize the delays, expense and difficulties involved in proving in a legal or arbitration preceding the actual
loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall
pay OWNER ONE THOUSAND SEVEN HUNDRED dollars ($1,700) for each calendar day that expires after the time
specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After
Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the
time specified in paragraph 4.02 for completion and readiness for final payment or any proper extension thereof
granted by OWNER, CONTRACTOR shall pay OWNER ONE THOUSAND SEVEN HUNDRED dollars ($1,700) for each
calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final
payment until the Work is completed and ready for final payment.

B. Inthe event that the CONTRACTOR fails to pay OWNER the specified liquidated damages amount
within thirty (30) days of CONTRACTOR's being notified of said damages, OWNER may deduct the amount of
the assessed liquidated damages from the final payment or retention withheld pursuant to Article 14 of the
General Conditions.

ARTICLE 5 - CONTRACT PRICE

5.01 Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR, in
accordance with the Contract Documents, the Contract Sum of:

FOUR MILLION ONE HUNDRED NINETY- ONE THOUSAND SEVEN and 50/100 DOLLARS
($4,191,007.50)

The Contract Sum shall include all items and services necessary for the proper execution and completion of the
Work determined below:

A. for all Unit Price Work, an amount equal to the sum of the established Unit Price for each

separately identified item of Unit Price Work times the estimated quantity of that item, as indicated in the
attached Schedule of Values;

AG -2o0f7