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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

City of Nashua, NH

(Name of Owner)

229 Main Street, Nashua, NH 03060

(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:
HVAC Upgrade

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 materialman
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.

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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.

13089K

B-3.3

IN WITNESS WHEREOPF, this instrument is executed in 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
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.

13089K

B-4.1

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Addtess 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

City of Nashua, NH

(Name of Owner)

229 Main Street, Nashua, NH 03060

(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

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

HVAC Upgrade

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.

13089K

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 WHEREOPF, this instrument is executed in 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
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

13089K

B-5.1

NOTICE TO PROCEED

Dated ,20

TO:

(Insert Name of Contractor as it appears in the Bid Documents)
ADDRESS:
OWNER’S PROJECT NO. IFB0292-041017
PROJECT: HVAC Upgrades
OWNER’S CONTRACT NO. IFB0292-041017
CONTRACT FOR: HVAC Upgrades

You are notified that the Contract Time under the above contract will commence to run
on , 20 . By that date, you are to start performing your

obligations under the Contract Documents. In accordance with paragraph 3 of the Agreement, the
dates of Substantial Completion and Final Completion are , 20 and

, 20 , respectively.

Before you may start any Work at the site, paragraph 27 of the General Conditions
provides that you and Owner must each deliver to the other (with copies to ENGINEER) certificates
of insurance which each is required to purchase and maintain in accordance with the Contract

Documents. Also before you may start any Work at the site, you must:

(add other requirements)

Copy to ENGINEER

(owner)

By

(Authorized Representative)

(Title)

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B-6.1

CHANGE ORDER

No.
PROJECT: HVAC Upgrades DATE OF ISSUANCE:
OWNER: City of Nashua, NH
(Address)
CONTRACTOR: OWNER’s Project No. —_IFB0292-041017

CONTRACT FOR: HVAC Upgrades ENGINEER _Wright-Pierce
ENGINEER’s Project No. 13089K

You are directed to make the following changes in the Contract Documents.

Description:
Purpose of Change Order:
Justification:
Attachments: (List documents supporting change)
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME
Original Contract Price Original Contract Time
$
(days or date)
Previous Change Orders Net change from previous Change Orders
$
(days)
Contract Price prior to this Change Order Contract Time prior to this Change Order
$
(days or date)
Net Increase (Decrease) of this Change Order Net Increase (decrease) this Change Order
$
(days)
Contract Price with all approved Change Orders Contract Time with all Change Orders
$
(days or date)

This document will become a supplement to the CONTRACT and all provisions will apply hereto. The attached
Contractor’s Revised Project Schedule reflects increases or decreases in Contract Time as authorized by this Change
Order.

Stipulated price and time adjustment includes all costs and time associated with the above described change. Contractor
waives all rights for additional time extension for said change. Contractor and Owner agree that the price(s) and time
adjustment(s) stated above are equitable and acceptable to both parties.

RECOMMENDED: APPROVED: APPROVED:
By: By: By:
Engineer Owner Contractor
Date Date Date

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B-7.1

CERTIFICATE OF SUBSTANTIAL COMPLETION

OWNER's Project No.: _IFB0292-041017 ENGINEER's Project No.: — 13089K
Project: HVAC Upgrades

CONTRACTOR:

Contract For: HVAC Upgrades Contract Date:

This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:

To:

(Owner)

And To:

(Contractor)

The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,
CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in

accordance with the Contract Documents on

(Date of Substantial Completion)

A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the
Work in accordance with the Contract Documents. The items in the tentative list shall be completed or
corrected by CONTRACTOR within calendar days of the above date of Substantial Completion.

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B-7.2

The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:

RESPONSIBILITIES:
OWNER:

CONTRACTOR:

The following documents are attached to and made a part of this Certificate:

This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents
nor is it arelease of CONTRACTOR's obligation to complete the Work in accordance with the Contract
Documents.

Executed by ENGINEER on , 20
(Engineer)
By:
CONTRACTOR accepts this Certificate of Substantial Completion on , 20
(Contractor)
By:
OWNER accepts this Certificate of Substantial Completion on , 20

(Owner)

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B-8.1

CERTIFICATE OF FINAL COMPLETION

Owner’s Project No. IFB0292-041017 Engineer’s Project No. —_13089K

Project HVAC Upgrades
Owner: City of Nashua, NH
Contractor:

Engineer: Wright-Pierce
Agreement Date:

Notice to Proceed Date:

Contractual Substantial Completion Date as modified by Change Orders:
Actual Substantial Completion Date:

Contractual Final Completion Date as modified by Change Orders:

The Work to which this Certificate applies has been inspected by authorized representatives of
Owner, Contractor, Engineer and NHDES, the punch list has been completed and the Work of
the Contract is hereby declared to be Finally Complete in accordance with the Contract
Documents on:

Date of Final Completion

This Certificate does not constitute an acceptance of any Work not in accordance with the
Contract Documents nor is it a release of Contractor’s obligation to complete the Work in
accordance with the Contract Documents. The Warranty for all Work completed subsequent
to the date of Substantial Completion expires one year from the date of this Final Acceptance.

Executed by Engineer on: , 20

By:

Contractor Accepts this Certificate of Final Completion on: ,20
By:

Owner Accepts this Certificate of Final Completion on: , 20

By:

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