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THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY iiOTOROLA PURSUANT TO THIS AGREEMENT. No
action for contract breach or otherwise relating to the transactions conternpiated by this Agreemeni may be brought more
than one (1) year after the accrual of the cause of action, except for money due upon an onen account. This jimiiation of
iiability will survive the expiration o7 termination of this Agreement and applies notwithstanding any contrary provision.

Section 12. EXCLUSIVE TERMS AND CONDITIONS

12.1. This Agreement supersedes all prior and concurrent agreements and understandings between ihe parties, whether
written or oral, related to the Services, and there are no agreernents or representations concerning the suaject matier of this
Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written
agreement signed by authorized representatives of ooih parties.

12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreemeni,
however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound
by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order,
acknowledgement, or other writing specifically refers to this Agreement, ciearly indicate the intention of both parties to
override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized
representatives of both pariies.

Seciion 73. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS

13.1. Any information or data in the form of specifications, drawings, reprints, technical information of otherwise furnished
to Customer under this Agreement wiil remain Motoroia’s property, will be deemed proprietary, will be kepi confidential, and
will be promptiy returned at Motorola's request. Customer may noi disclose, without Motorola's written permission or a¢
required by law, any confidential information o; data to any person, or use confidential information or data for any purpose
other than performing its obligations under this Agreement. The obligations sei forth in this Section survive the expiration or
termination of this Agreement.

13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or ai any time by
Customer to Motorcia will be deemed secret or confidential. iviotorola will have no obligation to provide Customer with
access to its confidential and proprietary information, including cost and pricing data,

13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or ticense under
any Moicrola patent, copyright, trade secret, or other intelleciua! property, including any intellectual property created as 4
result of or related to the Equipment sold or Services performed underx this Agreement.

Section 14. FOO LICENSES ANC OTHER AUTHORIZATIONS

Customer is solely responsibie for obtaining licenses or other authorizations required by the Feder2! Communications
Commission or any other federal, state, or local government agency and for complying with all rules and regulations required
by governmental agencies. Neither ivfiotorcla nor any of its employees is an agent or representative of Cusiomer in any
governmental matters.

Section 15. COVENANT NOT TO EMPLOY

During the term of this Agreement and continuing for a period of two (2) years thereafier, Customer will not hire, engage on
contract, solicit the employment of, or recommend employment to any third parviy of any empiayee of Motorola or its
subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of
Motorola or its subcontractors who are responsible for rendering services under this Agreement. !f this provision is found to
be overly broad under applicable law, it will be modified as necessary to conform to applicable law.

Section 16. MATERIALS, TOOLS AND EQUIPMENT

All tools, equipment, dies, gauges, modeis, drawings or other materials paid for or furnished by Motorola for the purpose of
this Agreement will be and remain the sole property of Motorola. Customer wii! safeguard ail such properiy while it is in
Cusiorer’s custody or conirol, be liable for any loss or damage to this property, and return it to Motorola upon request. This
property wili be held by Customer for Motorola's use without charge and may be removed from Customer's premises by
Motorola at any time without restriction.

Section 17. GENERAL TERMS
17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and
effect.

17.2. This Agreement anc the rights and duties of the parties will be interpreted in accordance with the laws of the Siate in
which the Services are performed.

17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.

17.4. Weither party is liable for delays or tack of performance resulting from any causes that are beyond that party's
reasonable control, such as strikes, material shortages, or acis of God.

17.5. Wiotorola may subcontract any of the work, but subcontracting will not relieve iMotcrola of its duties under this
Agreemeni.

17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hareuncder
without the prior written consent of the other Party, which consent will noi be unreasonably withheld. Any attempted
assignmeni, delegation, or transfer without the necessary consent will be void. Notwithsianding the foregoing, Motorola
may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In
addition, in the event Motorola separates one or more of its businesses (each a “Separated Business’), whether by way ofa
sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), iviotoraia may, without the prior
written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to
benefit the Separated Business and its affiliates (anc iviotoroia and its affiliates, to the extent applicable} following ithe
Separation Event.

17.7, THIS AGREEMENT WILL RENEW, FOR Ai ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF
THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE
PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS
THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the
Services to reflect its current rates.

17.8. if Motorola provides Services after tne termination or expiration of this Agreement, the terms and conditions in effect
at the time of the termination or expiraiion will appiy to those Services and Customer agrees to pay for those services on a
time and materials basis at Motorola's then effective nourly rates.

17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered pari of the
Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature
shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibiliiy. In
addition, an elecironic signature, a true and correct facsimile copy or computer image of this Agreement shali be treated as
and shall have the same effect as an original signed copy of this documeni.

Revised Oct 15, 2075

CITY OF NASHUA, NEW HAMPSHIRE

FIDUCIARY FUNDS

STATEMENT OF FIDUCIARY NET POSITION

JUNE 30, 2021
Private
Pension Purpose
Trust Trust Custodial
Fund Funds Funds
Assets
Cash and short-term investments $ 3,087,084 $ 144,116 $ -
Investments:
Fixed income securities 16,357,437 2,411,841 -
Equities 33,531,828 4,241,672 -
Mutual funds 653,500 1,418,363 -
Total Investments §0.542.765 8,071,876 -
Total Assets $ 53,629,849 $ 8,215,992 $ -
Liabilities
Other liabilities - escrow deposits $ - $ a $ o
Due to extemal parties 314.719 154,717 -
Total Liabilities 314,719 154,717 -
Net Position
Total net position restricted for
pensions and other purposes 53.315,130 8,061.275 -
Total Liabilities and Net Position $ 53.629.849 $ 8,215,992 -

The accompanying notes are an integral part of these financial statements.

43

THE CITY OF NASHUA “The Cate City"

Financial Services

Purchasing Department

November 1, 2018
Memo #19-086

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: 2018 PAVING PROGRAM — NEWPORT CONTRACT CHANGE ORDER NO. 3 (VALUE:
$209,180)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: BOND

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated October 25,
2018 for information related to this purchase.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.

The City Engineer, Board of Public Works (October 25, 2018 meeting) and the Purchasing Department
recommend the award of this Change Order No. 3 in an amount of $209,180 to Newport Construction
Corp. of Nashua, NH.

Respectfully, “ -
- Aan aA ;
2 Li gh), f 4

‘Dan Koken
Purchasing Manager

Cc: S Dookran L Fauteux

229 Main Street * Nashua, New Hampshire 03061 ¢ Phone (603) 589-3330 « Fax (603) 589-3233 |

To:

From:

Re:

C. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: October 25, 2018

Stephen Dookran, P.E., City Engineer
Engineering Department

2018 Paving Program — Newport Contract
Change Order No. 3

To approve Change Order No. 3 to the paving contract for the FY18 Paving
Program to Newport Construction of Nashua, NH in the amount of $209,180.
Funding will be through Department 160 Admin/Engineering; Fund: Bond;
Activity: Paving.

The 2018 Paving Contract with Newport Construction to pave approximately 25
miles of streets was amended twice to add more flagging hours, increase flagger
rates and increase the allowance for liquid asphalt adjustment and for changes to
the work done on some streets. With Change Orders 1 and 2, the current total
contract value is $7,137,572.

As work has progressed on the 2018 City Paving Program, more changes have
been made. In some cases, the pavement rehabilitation specification has been
revised on particular streets because of conditions encountered. In other cases,
some streets with immediate needs have been added to the program.

These types of changes were anticipated from the program’s inception. It has
been understood that some streets might be deferred to 2019 in order to allow
such changes to be made within the contract budget.

To the extent that changes have been made to date, other streets have been
deferred. In each case where a street was deferred, there is a justification for the
deferral. This justification is typically based on incomplete utility work on the
street.

However, as work had advanced, an increase is needed to the contract budget to
cover an adjustment based on the continuing increase in cost of Asphalt Cement
($457.50 per ton on 2/1/2018; $550.00 per ton on 10/1/2018). The basis for this
adjustment is specified by New Hampshire Department of Transportation and is
required by contract. This includes $120,000 for the current projection of this
adjustment.

Also, as work has advanced there have been a number of instances when the
milled surface has been found to have significantly more defects than anticipated.

In many cases, the existing pavement was thinner than anticipated and the entire
thickness was milled off leaving areas of exposed gravel. It had been intended
that an average %4-inch shim would be placed on the milled surface prior to
placement of the wearing course. In practice, a greater amount has been placed
for this shim course largely because of the defects and unexpectedly thin
pavements encountered. This Change Order also includes $80,000 to cover the
anticipated total of this increased shim quantity.

Finally, it has been determined that Kehoe Avenue, which was specified to be
milled and overlaid, should be reclaimed. Without any more streets in the
program which can be deferred, an additional $9,180 is included in this change
order to cover the increased cost for Kehoe Avenue.

SUMMARY:

Asphalt Adjustment $120,000
Additional Shim Pavement $ 80,000
Kehoe Avenue $ 9,180
TOTAL $208,186

With Change Order #3, the total value of the contract is $7,346,752.

CHANGE ORDER

No. 03
PROJECT: 2018 Paving Program
OWNER’S CONTRACT NO: IFB0660-040518
EXECUTED CONTRACT DATE: _ May 14, 2018
DATE OF ISSUANCE: October 25, 2018 EFFECTIVE DATE: Upon City Approval

OWNER: City of Nashua, NH
OWNER’s Purchase Order NO.: 141290
CONTRACTOR: Newport Construction Corp.

ENGINEER: DPW Engineering

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

Description: Change Order #3 is for

e Increasing Item 403.11: Hot Bituminous Pavement, Machine Method in the amount of $80,000

for additional shimming.
e Increasing item 900: Allowance for Liquid Asphalt Adjustment in the amount of $120,000

e Anincrease in additional items shown in attached CO#3 estimate for Kehoe Avenue in the
amount of $9,180

Change Order #3 1 of 2
2018 Paving Program

Summary

CHANGE IN CONTRACT PRICE:
Original Contract Price

$6,727,834

CHANGE IN CONTRACT TIMES:
Original Contract Times

Substantial completion: October 15, 2018
Ready for final payment: October 31, 2018

Net changes from previous Change Orders

$409,738

Net change from previous Change Orders

Substantial completion: December 15, 2018
Ready for final payment: December 31, 2018

Contract Price prior to this Change Order

$7,137,572

Contract Times prior to this Change Order

Substantial completion: December 15, 2018
Ready for final payment: December 31, 2018

Net Increase (decrease) of this Change Order

$209,180

Net Increase (deerease} of this Change Order

NONE

Contract Price with all approved Change Orders

Contract Times with all approved Change Orders

$ 7,346,752 Substantial completion: December 15, 2018
Ready for final payment: December 31, 2018
RECOMMENDED: ACCEPTED: APPROVED:
By: By:
By:
DPW Contractor Mayor Jim Donchess
Engineer Owner
(Authorized Signature) (Authorized Signature) (Authorized Signature)

Date: Date: Date:
Change Order #3 2 of 2

2018 Paving Program

2018 Paving - Newport (CO#3 Estimate)

CO#3 EST

UNIT

ITEM ary DESCRIPTION UNIT PRICE | CONTRACT PRICE
203.112 20 SY Road Excavation and Regrade S 9.00 | $ 180.00 |Kehoe Ave
203.113 16 SY Driveway Excavation and Regrade $ 9.00 | $ 144.00 |Kehoe Ave
304.11 894 SY Reclaim Stabilized Base Processed in Place, 10" Deep (F) $ 4.00 | $ 3,576.00 |Kehoe Ave
304.33 5 TON Crushed Aggregate for Shoulders $ 34.00 | $ 170.00 |Kehoe Ave
403.6 500 LF Pavement Joint Adhesive S 0.02 ]$ 10.00 |Kehoe Ave
403.11 57.15 TON Hot Bituminous Pavement, Machine Method S 70.00 | $ 4,000.00 |Kehoe Ave
403.11 1,143 TON Hot Bituminous Pavement, Machine Method S 70.00 | $ 80,000.00 fadd shim qty
403.12 5 TON Hot Bituminous Pavement, Hand Method S$ 165.00]S$ 825.00 |Kehoe Ave
417 SY Cold Planing of Bituminous Surfaces S 1.75 | $ -
417.20 SY Cold Planing Transitions S 7.00] $ 7
604.4 VF Repair of Existing Structures S$ 180.00] $ -
604.45 1 EA Adjust to Grade Existing Casting S$ 275.00} $ 275.00 |Kehoe Ave
604.46 EA Replace Casting $ 275.00] S$ -
605.47 EA Drop and Plate Casting for Reclaim S$ 180.00] $ -
609.01 LF Granite Curbing s 2.00 | $ -
609.5 LF Reset Granite Curbing S 11.00 | $ -
609.811 LF Bituminous Curbing $s 10.00 | $ -
616.7 EA Local Traffic Loops 6'X50' (2-4-2 Turn) S$ 999.77|S -
618.6 Allowance |Uniformed Officers s 1.00] $ -
618.7 Allowance |Flaggers S 1.00 | $ -
619.1 Lump Sum [Maintenance of Traffic $ 1.00 | $ -
632.01 LF Retroreflective Paint Pavement Markings, 4" Line s 0.22] $ -
632.311 LF Retroreflective Thermoplastic Pavement Markings, 12" Line S 2.00 | $ -
632.32 SF Retroreflective Thermoplastic Symbol S 12.00 | $ -
632.80 EA Temporary Pavement Markers Ss 1.00 | $ -
641 TON Loam and Seed S$ 60.00] $ -
900 120000 Allowance |Liquid Asphalt Adjustment S 1.00 /$ 120,000.00 Jincrease allowance
A-1 EA Asphait Testing, 6" Core (Subsidiary To item 403.11) Ss 1.60 | S -
A-2 EA Asphalt Testing, Loose Sample (Subsidiary To Item 403.11) S 1.00 |S -
A-3 EA Asphalt Core, 6" Diameter (Subsidiary To Item 417) s 1.00 | $ -
A-4 EA Silt Sacks (Subsidiary To item 304.112) s 1.00 | $ -
A-5 EA Silt Sacks (Subsidiary To Item 417} S 1.00 | $ -

TOTAL CONTRACT VALUE

209,180.00

®) THE CITY OF NASHUA “the Cate City"

Financial Services

Purchasing Department

November 1, 2018
Memo #19-087

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: 2018 FEDERAL PAVING PROGRAM — CHANGE ORDER NO. 1 (VALUE: $611,548)
DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: GRANT AND BOND

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated October 25,
2018 for information related to this purchase.

Pursuant to § 5-78 Major purchases (greater than $10,000) A. All supplies and contractual services,
except as otherwise provided herein, when the estimated cost thereof shall exceed $10,000 shall be
purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids.
The City Engineer, Board of Public Works (October 25, 2018 meeting) and the Purchasing Department

recommend the award of this Change Order No. 1 in an amount of $611,548 to Newport Construction
Corp. of Nashua, NH.

Respectfully,

(PoE,
~ ¥Dan Kooken .

Purchasing Manager

Ce: S Dookran L Fauteux

229 Main Street e Nashua, New Hampshire 03061 « Phone (603) 589-3330 e Fax (603) 589-3233