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B-2.1
AGREEMENT

THIS AGREEMENT, made this day of
the City of Nashua, New Hampshire, hereinafter called "OWNER" and

(Name of Owner)

Electrical Installations, Inc _ doing business as-fani+ndtvidual)-erta-partnership.-or(a
corporation) hereinafter called "CONTRACTOR”.

2017 by and between

WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned:

1. The CONTRACTOR will commence and complete the project of

Wastewater Treatment Facility SCADA System Upgrades
(Project)

2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the PROJECT described
herein.

3.The CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within calendar days after the date of the NOTICE
TO PROCEED unless the period for completion is extended otherwise by the
CONTRACT DOCUMENTS. Completion time for the project will be calculated as
calendar days from the date specified in the NOTICE TO PROCEED as follows:

270 calendar days consecutive calendar days for substantial completion.
365 calendar days consecutive calendar days for final completion.

Liquidated damages will be in the amount of $1,000 for each calendar day of delay from the
date established for substantial completion and $1,000 for each calendar day of delay from
the date established for final completion.

4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT
DOCUMENTS and comply with the terms therein for the sum of

FIVE HUNDRED NINETY-ONE THOUSAND TWO HUNDRED EIGHTY DOLLARS ($591,280)

B-2.2

5. The term "CONTRACT DOCUMENTS" means and includes the following:

(A)
(B)
(C)
(D)
(E)
(F)

(G)
(H)
(1)

(J)

(K)
(L)
(M)
(N)
(O)
(P)

(Q)
(R)
(S)

(T)

(U)

(V)

ADVERTISEMENT FOR BIDS

INFORMATION FOR BIDDERS

BID

BID BOND

NOTICE OF AWARD

AGREEMENT

PAYMENT BOND

PERFORMANCE BOND

CERTIFICATE OF INSURANCE

NOTICE TO PROCEED

CHANGE ORDER(S)

CERTIFICATON OF SUBSTANTIAL COMPLETION
CERTIFICATION OF FINAL COMPLETION
CONTRACTOR'S AFFIDAVIT

CONTRACTOR'S RELEASE

GENERAL CONDITIONS

SUPPLEMENTAL GENERAL CONDITIONS
SPECIAL CONDITIONS

FEDERAL PROVISIONS, RULES, REGULATIONS AND FORMS
DRAWINGS prepared by:

Woodard & Curran, 41 Hutchins Drive, Portland, ME 04102
numbered through , and dated August 2017.

SPECIFICATIONS prepared or issued by:
Woodard & Curran, 41 Hutchins Drive, Portland, ME 04102, and dated_August
2017.

ADDENDA:
No. 1 , dated September 21 ,20 17
No. 2 , dated September 26 ,20 17
No. 2 , dated September 28 ,20 17

6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set
forth in the General Conditions such amounts as required by the CONTRACT
DOCUMENTS.

7.This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.

B-2.3
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their

duly authorized officials, this Agreement in_5 copies, each of which shall be deemed an
original on the date first above written.

CITY OF NASHUA —- OWNER

James Donchess, Mayor City of Nashua

Date:

(SEAL)

ATTEST:

Name:

Title:

CONTRACTOR:
By:

(Authorized Representative)

Print Name:

Date:

(SEAL)

ATTEST:

Name:

Title:

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B-3.1

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, and corporations who or which may furnish
labor, or who furnish materials to perform as described under the contract and to their successors

and assigns, 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 copy of which is hereto attached and made a part hereof for the construction of:

SCADA System Upgrades project

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.

B-3.2

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.

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)

B-3.3

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.

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B-4.1

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

tha day of 20 a

2

copy of which is hereto attached and made a part hereof for the construction of:
SCADA System Upgrades Project

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
incur in making good any default, then this obligation shall be void: otherwise to remain in full
force and effect.

B-4.2

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
: (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: 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