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THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No
action for contract breach or otherwise relating to the transactions coniernplated by this Agreement may be broughi more
ihan one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of
liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision.

Section 12. EXCLUSIVE TERMS AND CONDITIONS

12,1. This Agreement supersedes aii prior and concurrent agreements and understandings between the parties. whether
written or oral, related to the Services, and there are no agreements or representations concerning ihe subject matter of this
Agreemeni excepi for those expressed herein. The Agreement may not be amended or modified except by a written
agreement signed by authorized representatives of both parties.

12.2. Customer agrees to reference this Agreement on any puschase order issued in furtherance of this Agreement,
however, an omission of ihe reference to this Agreement will not affect its appiicability. in no event will either party be bound
by any terms contained in a Customer purchase order, acknowledgement, or other wiitings unless: the purchase order,
acknowledgement, or other writing specifically refers to this Agreement; clearly 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 parties.

Section 13, PROPRIETARY INFORMATION; CONFIDENTIALITY: INTELLECTUAL PROPERTY RIGHTS

13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished
to Customer under this Agreement will 7emain Motorola's property, will be deemed proprietary, wil! be kept confidential, and
will be promptly returned at Motorola's request. Customer may not disclose, without Moiorola's written permission or as
required by law, any confidentiat information or 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, 90 commercial or technical information disclosed in any manner or at any time by
Customer to Motorola wili be deemed secret or confidential. Motorola will have no obligation to provide Customer with
access to its confidentiai anc 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 license under
any Motorola patent, copyright, trade secret, or other intellectual property, inciuding any intellectual property created as a
result of or related to the Equipment sold or Services performed under this Agreement,

Section 14. FCC LICENSES ANB OTHER AUTHORIZATIONS

Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications
Commission or any other federal, state, or local government agency and for complying with all rules and regulations required
by governmental agencies, Neither (Motorola nor any of its employees is an agent or representative of Customer 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 thereafter, Customer will not hire, engage on
contract, solicit the employment of, or recommend employment to any thirc party of any employee of Niotorola 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. if this provision is found to
be overly broad under applicabie law, it will be modified as necessary to canform to applicable law.

Section 16. MATERIALS, TOOLS AND EQUIPMENT

Ail tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by ivictorola for the purpose of
this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in
Customer's custody or controi, be liable for any loss or damage to this property, and return it to Motorola upon request. This
property will be held by Customer for Motorala's use without charge and may be removed from Customer's premises by
Motorola at any time without resiriction.

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 and the rights and duiies of the parties will be interpreted in accordance with the laws of the State 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. Neither party is liable for delays or lack of perfarmance resulting from any causes that are beyond that party's
reasonable control, such as strikes, material shortages, or acts of God.

17.5. Wiotorola may subcontract any of the work, but subcontracting wili not relieve Motorola of its duties under this
Agreement.

17.6. Except as provided herein, neither Party may assign this Agreement or ariy of its righis or obligations hereunder
without the prior written consent of the other Party, which consent will not be uarzasonably withheld. Any attempted
assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foreacing, Motorola
may assign this Agreerneni to any of its affiliates or its right to receive paymeni 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 of a
sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event’), Motorola may, without the prior
written consent of the other Party and at no additional cost to Motercla, assign this Agreement such that it will continue to
benefit the Separated Business and its affiliates (and ‘Motoroia and its affiliates, to the extent applicable) following the
Separation Event.

17.7. THIS AGREEMENT WiLL RENEW, FOR AN ADDITIONAL ONE (i) YEAR TERM, ON EVERY ANNIVERSARY OF
THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE
PARTY NOTIFIES THE OVHER IN WRITING OF [7S INTENTION TC DISCONTINUE THE AGREEMENT NOT LESS
THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary daie, Motorola may adjusi the price of the
Services to reflect its current rates.

17.8. if Miotorola provides Services after the termination or expiration of this Agreemeni, the terms and conditions in effect
at the time of the termination or expiration will apply io those Services anci Customer agrees to pay for those services on a
time and materials basis at Motorola's then effective hourly rates.

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

Revised Oct 15, 2015

SERVICE AGREENENT

7299 E Algonquin Road
Schaumburg, iL 60196
{800) 247-2346

Date: 25-JUN-2018

Contract Number: USC00004450%
Contract Modifier, RN30-MAY-17

Raquired P.O.:

Attn:
Billing Address: 229 Main St

Phone: 603-594-3521

Company Name: Nashua Police Dept, City Of

City, Province, Postal Cede: Nashua,NH,03060
Customer Contact: Lt William Mansfield

Bill io Tag#: 00061

Currency: USD

Customer #: 1000413138

Contract Start date: 01-OCT-2018

Contract End date: 30-JUN-2019
Anniversary Day: JUN 30th
Payment Cycle: ANNUAL

ary | MODELIOPTION SERVICES DESCRIPTION MOY | BATENGED
““"* Recurring Services *****
1 SVCO04SVC0169A_ | SYSTEM UPGRADE AGREEMENT II $16,163.65 $145,472.84
Sub Tota $16, 163.55 $145,472.84
Taxes
SPECIAL INSTRUCTIONS - arrack Grand Total $16,163.65 $145,472.84

STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS,

TAXES MAY APPLY AS PER THE JURISDICTIONS

I received Statements of Work that describe the services provided on this Agreement. Motorola's Seivice Terms znd Conditions, a copy of
which is atiached fo thls Service Agreament, is incorporated herein by this refarance.

AUTHORIZED CUSTOMER SIGNATURE TITLE DATE
CUSTOMER (PRINT NAME)

Joshua DP. Morich CSM 10/23/2018
MOTOROLA REPRESENTATIVE (SIGNATURE) TITLE DATE
Joshua Morick 918-928-2073
MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE

Company Name : Nashua Police Dept, City Of

Contract Number : USCOQ00C44507
Contraci Modifier : RN30-MAY-17
Contract Start Date: 01-OCT-2018
Contract End Date : 30-JUN-2019

Service Terms and Conuitions

lan

Motorola Solutions inc. ("iVotorola”) and the customer named in this Agreement ("Customer’) hereby agree as failows:

Section 1. APPLICABILITY

These Maintenance Service Terms and Conditions apply to service contracts whereby iviotoroia wili provide to Customer
either (1) maintenance, suppori, or other services under a Viotorola Service Agreement, or (2) installation services under a
Motorola Installation Agreement.

Section 2. DEFINITIONS AND INTERPRETATION

2.1. “Agreement” means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or
the Installation Agreement, as applicable; and any other attachmenis, all of which are incorporated herein oy this refererice.
in interoreting this Agreement and resolving any ambiguities, these Maintenance Service Tenis and Conditions take
precedence over any cover page, and the cover page takes prececence over any aitachments, unless the caver page or
attachment states otherwise.

2.2. “Equipment” means the equioment tnat is specified in the attachments or is subsequently added to this Agreement.

2.3. “Services” means those installation, maintenance, support, training, and other services described in this Agreement.

Section 3. ACCEPTANCE

Customer accepts these Maintenance Service Terras and Conditions and agrees to pay the prices set forth in the
Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The ierm of this Agreement
begins on the “Start Date” indicated in this Agreemeni.

Section 4. SCOPE OF SERVICES

4.1. Motorola will provide the Services described in this Agreement or in a more detaiied siatement of work or other
document attached to this Agreement. At Customer's request, Motorola may alsc provide additional services at iviotoro!a’s
then-applicable rates for the services.

4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality wil! be used; the Equiprnent
will be serviced at levels set forth in the manufaciurer's product manuals; and routine service procedures that are prescribed
by Motorola will be followed.

4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial
Equipment, the additional equipment may be added to this Acreemeni and will be billed at the applicable rates after ihe
warranty for that additional equipment expires.

4.4, All Equipment must be in good working order on the Start Date or when additional equipment is added to the
Agreement. Upon reasonable request by Motorola, Customer will provide a cornplete serial and model number list of the
Equipment. Customer must promptly notify Motorola in writing when any Equipment is ost, damaged, sicien or taken out of
service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which
Motorola receives the written notice.

4,5. Customer must specifically identify any Equipment that is iabeled intrinsically safe for use in hazardous
environments.

4.6. If Equipment cannot, in Motorola's reasonable opinion, be properiy or economically serviced for any reason, iviotorola
may modify the scope of Services related to that Equipment; remove that Equiprnent from the Agreement; or increase the
price to Service that Equipment.

4.7. Customer must promptly notify iMotoroia of any Equipment failure. Motorola will respond to Customer's notification in
a manner consistent with the level of Service purchased as indicated in this
Agreement.

Section 5. EXCLUDED SERVICES
5.1. Service exciudes ihe repair or replacement of Equipment that has become defective or damaged from use in other
than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards;

excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events.

5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of
the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips,
battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission
line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no
obligations for any transmission medium, such as telephone lines, computer networks, the internet or the woridwicie web, or
for Equipment malfunction caused by the transmission medium.

Section 6. TIME AND PLACE OF SERVICE

Service will be provided at the location specified in this Agreement. When iMotorola performs service at Customer's location,
Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and
power and with full and free access to the Equipment. Waivers of liability from Motorola or jis subcontractors will not be
imposed as a site access requirement. Customer will provide ai! information pertaining to the hardware and software
elements of any system with which the Equipment is interfacing so that Motcroia may perform its Services. Uniess
otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and
holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses
associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by
Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses.

Section 7. CUSTGIMER CONTACT

Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be availabie
twenty-four (24) hours per day, seven (7) days per week, and an escaiation procedure io enable Customer's personnel to
maintain coniact, as needed, with Motorola.

Section 8. PAYMENT

Uniess alternative payment terms are stated in this Agreemeni, Motorola will invoice Customer in advance for each payment
period, Ali other charges will be billed monthiy, and Customer musi pay each invoice in U.S. dollars within twenty (20) days
of the invoice date. Customer will 7eimburse Motorola for al! property taxes, sales and use taxes, excise taxes, and other
taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and
franchise taxes of Motorola) by any governmental entity.

Section 9. WARRANTY

Motorola warranis that its Services under this Agreement will be free of defects in materials and workmanship for a period of
ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty,
Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-raia basis,
the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.

Section 10. DEFAULT/TERMINATION

10.1. If either party defaults in the performance of this Agreement, the other party wiil give to the non-performing party 2
written and detailed notice of the defauk. The non-performing party will have thirty (30) days thereafter to provide a written
plan tc cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan
approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any
other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of
termination to the defaulting party.

10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this
Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to
Motorola will 5ecome due and payable immediately upon termination of this Agreement. Upon the effective date of
termination, Motorola will have no further obligation to provide Services.

Section 11. UsiTATION OF LIABILITY

Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict
liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of tweive
(12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY
OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMIMERCIAL
LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOG WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FRO}

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

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.