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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 counterparts, each one of
~~ Gumber)
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

CONSTRUCTION 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 , acopy of which is hereto attached and made a part hereof for the construction of:

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.

PY - 1 of 3

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

IN WITNESS WHEREOF, this instrument is executed

in

which shall be deemed an original,
this

ATTEST:

By:

counterparts, each one of
(number)

day of , 20

(Principal) Secretary

(SEAL)

By:

Witness as to Principal

(Address)

ATTEST:

By

Witness as to Surety

(Address)

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

INSERT CERTIFICATE OF LIABILITY INSURANCE

NOTICE TO PROCEED

DATED:
TO: Fimbel Paunet dba Fimbel Garage Doors
(Contractor}
ADDRESS: 281 Daniel Webster Highway
PROJECT: DPW Street Department Garage Doors Replacement

(Insert name of Contract as it appears in the Contract Agreement)

You are notified that the Contract Times 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 Article 3 — Period of Performance of the Agreement, the dates of
Substantial Completion and Final Completion are and ,

respectively.

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

(Add other requirements)

By

(For the City of Nashua)

(Title)

|FBO285-110221 DPW Street Department Garage Doors Replacement
Notice to Proceed

CHANGE ORDER

No.
PROJECT: DPW Street Department Garage Doors Replacement
EXECUTED CONTRACT DATE:
DATE OF ISSUANCE: EFFECTIVE DATE: Upon City Approval
OWNER: City of Nashua, NH
OWNER’s Purchase Order NO.:
CONTRACTOR: Fimbel Paunet dba Fimbel Garage Doors

ENGINEER: DPW Engineering

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

Description:

Justification:

Attachments:

Change Order # 1 of 2
IFBO285-110221

DPW Street Department
Garage Doors Replacement

CHANGE ORDER
Summary

CHANGE IN CONTRACT PRICE:
Original Contract Price

$

CHANGE IN CONTRACT TIMES:
Original Contract Times

Final completion:
Ready for final payment:

Net changes from previous Change Orders

$

Net change from previous Change Orders

Contract Price prior to this Change Order

$

Contract Times prior to this Change Order

Final completion:
Ready for final payment:

Net Increase (decrease) of this Change Order

Net Increase (decrease) of this Change Order

Date:

Date:

(Authorized Signature)

$

Contract Price with all approved Change Orders Contract Times with all approved Change Orders
S Final completion:

Ready for final payment:
RECOMMENDED: ACCEPTED: APPROVED:
By: By: By:
Engineer Name Mayor Jim Donchess
(Authorized Signature) Contractor Owner

(Authorized Signature)

Date:

Change Order # 2 of 2

|FBO285-110221
DPW Street Department
Garage Doors Replacement

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

November 22, 2021
Memo #22-207

TO: Mayor Donchess
Finance Committee

SUBJECT: Trackless MT7 Articulated Tractor & Two-Way Radio in the amount not to exceed
$171,528 funded from accounts 81500 Vehicles/CERF

Please see attached communications from Jon Ibara, Superintendent of the Street Department, dated
November 18, 2021 for project specific details related to this purchase. Below please find a summary of
the purchase approval request:

Item: Trackless MT7 Articulated Tractor equipped with a snow blower, spreader, plow,
deep reduction gear box, water tank and two-way radio to be used in winter
sidewalk maintenance

Value: Tractor: $166,528 & Radio: $5,000 to total $171,528
Vendor: Tractor to be purchased from HP Fairfield and radio to be purchased from
Motorola

Department: 161 Streets
Source Fund: 81500 Vehicles/CERF

Ordinance: Pursuant to § 5-84 Special purchase procedures A/(3) Purchases which can be
procured through cooperative intergovernmental purchase agreements with
other governmental jurisdictions

The Board of Public Works (11/18/21 BPW meeting), Division of Public Works: Streets, and the
Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

Ce: J Ibara
C O'Connor

Board of Aldermen — 8/8/17 Page 14

President McCarthy

That is correct.
Alderman Dowd

| just want to be clear that the ordinance states that. Can | get confirmation from Corporation Counsel that that
is in fact the way it reads.

Attorney Bolton

Well it cannot be in separate ownership. | cannot have it converted into a condex, separate condominium
units. So it has to be in single ownership. This provides that for a period of five years the owner has to reside
as their principle place of residence either in the primary or the accessory unit. After five years, that condition
no longer applies.

Alderman Dowd

In essence somebody could own the property and lease both the main part and the accessory to separate
people.

President McCarthy

No. They have to live in one of them.
Alderman Dowd

So after five years...

President McCarthy

If the Board would indulge me for a minute to talk about the background of the legislation. There is a problem
that we’re going to have address that I’m going to take up with Attorney Bolton at some point. The legislator
changed it to State level was to simply allow accessory dwelling units by right in virtually every zone. We are
allowed to put some restrictions on that which is what this legislation does. One of them is the ownership
issue. There’s an issue there that was brought up by Alderman Clemons in the committee which is why the
ownership requirement is five years. There’s competing issues here of we don’t want somebody to move into
a house, flip it, put an ADU in it, and then flip the whole thing and make it a rental property. We want to avoid
the case where let’s say an elderly person living in Nashua has a single family home, their children live in
another city, and go to the trouble of building an accessory dwelling unit for the parent to move into so they can
continue to live in Nashua and rent out the big part of the house, and the parents shortly thereafter pass away.
We now have the problem of that child is now faced with marketing a property that they can’t market the way it
is on its face without moving into it because of the restrictions in our zoning code. We have that problem from
day one which is the one | think we’re going to need to address. | think that the State legislation fails to
address that and we may actually have to talk to the legislator about it at some point. What the committee
decided to do was put the restriction on for five years as a boundary between those two competing interests.

Alderman Dowd
My understanding the Planning Department sent a recommendation to strike that paragraph.

President McCarthy

The Planning Board recommended that we remove the five years and make it just continuous ownership. The
committee did not vote to do that.