Agenda

DATE (MM/DDAYYYY}

eo
ACORD CERTIFICATE OF LIABILITY INSURANCE oaios/2020

THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

Ne. BI-8085¢-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE

NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.

able io sureties as a defense in the jurisdiction of the suit
shall be applicable.

40, Notice to the Sursty, the Gumer or tha Contractor shell
ba mefled or defvered to tha eddress shown on the sigeralure

page.

* 4. The Contractor and the Surety, jolnity and saverelly,
bind themselves, their heirs, executors, adatinisirators,
guiecessoss, ard assigns to the Quner for the performance
af the Construction Contract, which is incosporated herein
by reference.

2, [the Contractor parforms the Construction Contract,
the Surety and the Contractor shal have no obligation
under this Bond, except to participate in conferences 25

3. Where is no Qwner Default, the Suraly's obligation
under this Bond shall arise aftar:

THE AMERICAN INSTITUTE OF ARCHITECTS

Premium Amount Based
on Final Contract Amount

Bond No. 0230880
AlA Document A312
Performance Bond

Any singular reference lo Contractor, Surely, Owmer or other parly shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name and Principle Place of Business):
STEPHENS-MARQUIS ASSOCIATES, INC BERKLEY INSURANCE COMPANY
717 DANIEL WEBSTER HIGHWAY PO BOX $010

MERRIMACK, NH 03054 WESTBROOK, BIE 04098

Fueling Facility Upgrade
Hashua DPV

Gonstruction Cost Breakdown
April 6, 2020

Fueling Facility Upgrade
Neshus OF

Gonstruction Cost Breakdown
Apel B, 2020

Site Wart

Demo Concreta & Asphalt S700

E88 Canopy Foundations, Slab Prep 6" Gravels $41,000

ES&S Canony Dreing, SOLF 3° PVG 82,705

Asphalt Patch, 4° 33,800

Curb Restoration

Striping By OPV

Landscaping, Sod & Seeding By OPW
AST &UG Piping System

Demniition of Existing Fual & Wigs Lebor $15,649

Cloan & Inspecl ASTs $18,228

AST / UST Upgrade Work, Underground Piping 537,147

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Hit A SSOCTATES, ING,
' EXHIBIT A

April 8, 2020

Jonathan Ibarra vias [barral@nashuanh.gov

Superintendent of Streets

City of Nashua — Division of Public Works

9 Stadium Drive

Nashua, NH 03062

Re: Nashua DPW Fuel Facility

9 Stadium Orlve
Nashua, NH

Dear Jan,

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

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 shail 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