Finance Committee

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

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

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

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.

i, Upon receipt of a final Application for Payment, the OWNER will inspect the Work. If
the Work is 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 GF PERSONS AND PROPERTY

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:

> Electronically via ermnail to VendorAPinvoices(@NashuaNH gov
OR

> Paper Copies via US Mail to:

13.The CONTRACTOR shall be responsible for cutting, fitting or patching required

completing the Work or to make its parts fit together properly.

14. The CONTRACTOR shail 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