CONTRACT: AGGREGATES

Page 6 of 17 Contractor Initials ________ Date ________ PRICE ADJUSTMENTS: On the anniversary date of this contract, the successful Vendors may request price adjustment, either upward or downward annually, keyed to the industry changes or general trade. Written notice of an impending price increase, including substantiation for it, must be submitted in writing to Bureau of Purchase & Property, 25 Capitol Street, Rm. 102, Concord, NH 03301, no less than thirty (30) days prior to the effective date of said price increase. The State reserves the right to reject any price increases it deems unreasonable. If parties to the contract cannot agree on renewal terms, it is hereby understood that the contract will be rebid. Documentation of the increase must accompany the request to support the amount (%) of the requested increase. The annual increase for any item shall not exceed 3% and in no case shall it exceed the documented percentage of increase levied on the contractor by said contractors

supplier(s). Requests for price increases may only be based on increased supplier or market prices and not on fuel costs, regulatory charges or any other type of surcharge or administrative cost. Price decreases shall become effective immediately as they become effective to the general trade or the Vendors best/preferred customer. Updated Published Price List MUST be e-mailed to Elizabeth.A.Moskalenko@DAS.NH.Gov . The State shall have the right to reject any pricing that fails to follow the above principles, and to rebid any part, or the entire contract, if deemed to be in its best interest. AUDITS AND ACCOUNTING: The successful Vendor shall allow representatives of the State of New Hampshire to have complete access to all records for the purpose of determining compliance with the terms and conditions of this bid invitation and in determining the award and for monitoring any resulting contract. At intervals during the contract term, and prior to the termination of the contract, the successful Vendor may be required to provide a complete and accurate accounting of all products and quantities ordered by each agency and institution and by political sub-divisions and authorized non-profit organizations. ESTIMATED USAGE: The quantities indicated in the offer section of this bid invitation are an estimate only for the State of New Hampshire's annual requirements. These quantities are indicated for informational purposes only and shall not be considered minimum or guaranteed quantities, nor shall they be considered maximum quantities. These quantities do not include any eligible participant usage. USAGE REPORTING: The successful Vendor shall be required to submit a quarterly and annual usage report for analysis for each state agency or eligible participant. Reports are due no later than 30 days after each end of each calendar quarter to The Bureau of Procurement & Support Services, Liz Moskalenko and sent electronic to Elizabeth.A.Moskalenko@DAS.NH.Gov. At a minimum and where applicable, the report shall include: Contract Number Utilizing Agency and Eligible Participant Services/Products Purchased converted to either Tons or Cubic Yards (showing the item, product or part number, and the final cost.) Recycling documentation with respect to content used in the manufacture, development and/or distribution process of goods and services sold. This report shall include but not be limited to: o Percentage of recycled materials contained within the product (if applicable) o Percentage of waste recycled throughout the manufacturing process (if applicable) o Any associated material avoided and/or recycled as applicable under contract o A standardized reporting form will be provided after contract award Total Cost of all Services/Products Purchased. Ability to sort by agency/eligible participant. Preferred in Excel format mailto:Elizabeth.A.Moskalenko@DAS.NH.Gov mailto:Elizabeth.A.Moskalenko@DAS.NH.Gov Page 7 of 17 Contractor Initials ________ Date ________ ESTABLISHMENT OF ACCOUNTS: Each State of New Hampshire agency shall have its own individual customer account number. There may also be instances where divisions or bureaus within an agency will need their own individual customer account numbers. Should any State of New Hampshire agency place an order under the contract, the successful Vendor agrees to establish an account within three business days from the date the order is placed. However, there shall be no delay in any shipment; the agency shall receive the items ordered in accordance with the delivery time required under this bid invitation, as if an account already exists for the agency. ELIGIBLE PARTICIPANTS: Political sub-divisions (counties, cities, towns, school districts, special district or precinct, or any other governmental organization), or any nonprofit agency under the provisions of section 501c of the federal internal revenue code, are eligible to participate under this contract whenever said sub-division or nonprofit agency so desires. These entities are autonomous and may participate at their sole discretion. In doing so, they are entitled to the prices established under the contract. However, they are solely responsible for their association with the successful Vendor. The State of New Hampshire assumes no liability between the successful Vendor and any of these entities. PAYMENT: Payment method (P-Card or ACH). Payments shall be made via ACH or Procurement Card (P-card = Credit Card) unless otherwise specified by the state of New Hampshire. Use the following link to enroll with the State Treasury for ACH payments: https://www.nh.gov/treasury/state-vendors/index.htm Eligible participants shall negotiate their own payment methods with the successful Vendor. INVOICING: Invoices shall be submitted noting the contract number to the corresponding State agency after completion of work/acceptance of delivery. TERMS OF PAYMENT: Payment shall be made in full within thirty (30) days after receipt of the invoice and acceptance of the corresponding goods and/or services to the States satisfaction. VENDOR RESPONSIBILITY: The successful Vendor shall be solely responsible for meeting all terms and conditions specified in the bid, and any resulting contract. All State of New Hampshire bid invitations and addenda to such bid invitations are advertised on our website at: https://apps.das.nh.gov/bidscontracts/bids.aspx It is a prospective Vendors responsibility to access our website to determine any bid invitation under which the Vendor desires to participate. It is also the Vendors responsibility to access our website for any posted addenda. The website is updated several times per day; it is the responsibility of the prospective Vendor to access the website frequently to ensure that no bidding opportunity or addendum is overlooked. It is the prospective Vendors responsibility to forward a signed copy of any addendum requiring the Vendors signature to the Bureau of Purchase and Property with the bid response. In preparation of a bid response, the prospective Vendor shall: Provide pricing information as indicated in the Offer section; and Provide all other information required for the bid response (if applicable); and Complete the Vendor Contact Information section; and Add applicable prospective Vendor information to the Transmittal Letter form and sign the form in the space provided. The Transmittal Letter form must be signed under oath and acknowledged by a notary public or justice of the peace in order for the bid response to be considered. https://www.nh.gov/treasury/state-vendors/index.htm https://apps.das.nh.gov/bidscontracts/bids.aspx Page 8 of 17 Contractor Initials ________ Date ________ It is the responsibility of the Vendor to maintain this or any awarded contract and New Hampshire Vendor Registration with up to date contact information. Contract specific contact information (Sales contact, Contractor contract manager, etc.) shall be sent to the States Contracting Office listed in Box 1.9 of Form P-37. Additionally, all updates i.e., telephone numbers, contact names, email addresses, W9, tax identification numbers are required to be current through a formal electronic submission to the Bureau of Purchase and Property at: https://das.nh.gov/purchasing/vendorregistration/(S(q0fzcv55qhaeqs45jpyq5i45))/welcome.aspx IF AWARDED A CONTRACT: The successful Vendor after awarded, shall complete the following sections of the State of New Hampshire Agreement Form #P-37 (See sample below; pages 14 of 19 through 17 of 19): Section 1.3 Contractor Name Section 1.4 Contractor Address Section 1.11 Contractor Signature Section 1.12 Name & Title of Contractor Signatory (if Vendor is not a sole proprietor) Provide certificate of insurance indicating the coverage amounts required by Section 14 of the Form Number P-37. Provide proof of sufficient workers compensation insurance coverage or evidence of exemption from RSA Chapter 81-A. If the successful Vendor is a corporation, limited liability company, or other limited liability business entity, then provide a certificate of good standing issued by the NH Secretary of State or, for a newly incorporated, formed, or registered entity, a copy of the appropriate registration document certified by the NH Secretary of State. Certificate of Vote/Authority: Each contract between the State and a business organization (not individual) must have attached to it evidence of authority of the individual executing the contract to bind the business organization. See: RSA 5:18-a. as of the date the individual signs the contract. The name of the business organization on the Certificate of Vote/Authority must match the name in the Certificate of Good Standing and the name of the contractor identified in the contract in P-37 Contract Form, block 1.3, Contractor Name. The Certificate of Vote/Authority must not be executed by the same individual executing the contract, unless the Certificate of Vote/Authority states that the individual is the sole shareholder, member, director, or officer of the business organization. SPECIFICATION COMPLIANCE: Vendor's offer shall meet or exceed the required specifications as written. The State of New Hampshire shall be the sole determining factor of what meets or exceeds the required specifications. The product indicated in this bid are equivalent to the type and quality required. You may bid different products separately; however, your offer shall match or exceed the one(s) indicated and you shall demonstrate to the satisfaction of the purchasing Agency that they meet or exceed the minimum standards. Product that does not meet the minimum standards shall not be accepted. Product literature and specifications may be enclosed. SPECIFICATIONS: Complete specifications required are detailed in the SCOPE OF WORK section of this bid invitation. In responding to the bid invitation, the prospective Vendor shall address all requirements for information as outlined herein. SCOPE OF WORK: Vendor shall supply all labor, tools, transportation, materials, product and permits as necessary and required to perform services as described herein should services be required. Unless otherwise specified herein, all deliveries performed under awarded Contracts shall be performed between the hours of 7:30 A.M. and 4:00 P.M. for State business days, unless other arrangements are made in advance with the State. No premium charges shall be paid for any off-hour work. https://das.nh.gov/purchasing/vendorregistration/(S(q0fzcv55qhaeqs45jpyq5i45))/welcome.aspx Page 9 of 17 Contractor Initials ________ Date ________ The Vendor shall not commence delivery until a conference is held with each agency, at which representatives of the Vendor and the State are present. The conference shall be arranged by the requesting agency (State). The Vendor or their personnel shall not represent themselves as employees or agents of the State. If sub-contractors are to be utilized, please include information regarding the proposed sub-contractors including the name of the company, their address, contact person and three references for clients they are currently servicing. Approval by the State must be received prior to a sub-contractor starting any work. WARRANTY REQUIREMENTS: The successful Vendor shall be required to provide warranties on all product provided by the Vendor for a period of not less than one (1) year or the suppliers standard warranty period, whichever is greater, commencing on the date that the product is received, inspected, and accepted by the State of New Hampshire. The warranty shall cover 100% of repair or replacement costs, including all product, shipping, labor, travel, lodging, and expenses. OBLIGATIONS AND LIABILITY OF THE VENDOR: The successful Vendor shall perform all work and furnish all product, tools, equipment and safety devices necessary to perform the requested supply in the manner and within the time hereinafter specified. The Vendor shall provide said product to the satisfaction of the State and in accordance with the specifications and at the price set forth herein. All product to be supplied and all equipment utilized to furnish product pursuant to the Scope of Services included herein shall be performed and furnished in strict accordance with the specifications included herein, the terms of any contract awarded as a result of this solicitation, any associated contract drawings, and the directions of State representatives as may be given from time to time while the work is in progress. The successful Vendor shall take full responsibility for the order of product to be provided pursuant to the Scope of Work included herein; for the protection of said work; and for preventing injuries to persons and damage to property and utilities on or about said order. The Vendor shall in no way be relieved of such responsibility by any authority of the State to give permission or issue orders relating to any part of the order, by any such permission given or orders issued, or by any failure of the State to give such permission or issue such orders. The successful Vendor shall bear all losses accruing to the Vendor as a result of the amount or quality of required product of supply, or because the nature or characteristics of the delivery location is different from what the Vendor estimated or expected, or due to delays or other complications caused by weather, elements, or other natural causes. The successful Vendor agrees that any injury or damage to any buildings, materials, equipment, or other appurtenances when caused by the Vendors employees or equipment resulting from the Vendors performance of the requested delivery shall be corrected, replaced, or repaired at the Vendors own expense so that such injury or damage to buildings, materials, equipment, or other property are satisfactorily rendered thereby or restored to their prior condition. Upon failure of the Vendor to proceed promptly with the necessary corrections as noted above, the State may withhold any amount necessary to correct all damages from payments to the Vendor. DISASTER RECOVERY: Do you provide emergency preparedness plan to aid the State during an emergency or disaster recovery with specifics as to response time, availability of supplies and goods and services offered? Yes or No If yes, please include hard copy and/or link to website for further information. This information is not considered part of award criteria and considered informational only. Page 10 of 17 Contractor Initials ________ Date ________ DELIVERY TIME: The successful Vendor shall be required to accomplish delivery of any item ordered under the contract within three (3) working days from the placement of the order. The use of a private carrier to make delivery does not relieve the successful Vendor from the responsibility of meeting the delivery requirement. RETURNED GOODS: The successful Vendor shall resolve all order and invoice discrepancies within five (5) business days from notification. Products returned due to quality issues, duplicate shipments, over-shipments, etc. shall be picked up by the successful Vendor within ten (10) business days of notification with no restocking or freight charges and shall be replaced with specified products or the agency shall be refunded/credited for the full purchase price. Unauthorized substitutions for any products are not allowed. Standard stock products ordered in error by the State of New Hampshire shall be returned for full credit within fifteen (15) business days of receipt. Products shall be in re-saleable condition (original container, unused) and there shall be no restocking fee charged for these products. The using agency shall be responsible for any freight charges to return these items to the successful Vendor. IMPORTANT CHECKLIST FOR COMPLIANT BIDS The historical customary aggregate agreement better known to some as the Product of the Soils Agreement has been updated over the course of the approximate 10 plus years since the bidding and RFQs took place for this commodity. In order to be classified as a Contracted Vendor for a Statewide Aggregate Supplied and/or Delivered Contract, one must participate in the bidding process providing a bid submission, to be later followed by the completion and submission of a P-37 and accompanied by required documentation (as noted above in the bid document in page 8 of 19). This bid document will form the Statewide purchasing contracts for all Aggregates purchased for supply (State will acquire from your location) and/or delivered by any submissions provided by participating vendors, constituting said vendors as contractors upon completion of bid, P-37 and other required document submissions. Vendor Responsibility and Addendas Pages 2 of 19 and 7 of 19 It is the prospective Vendors responsibility to forward a signed copy of any/all addendum(s) requiring the Vendors signature to the Bureau of Purchase and Property with the bid response or bid submission can be deemed non-compliant. Terms of Submission Page 3 of 19: A signed response signifies that any terms and/or conditions that may be or have been submitted by the Vendor are specifically null and void and are not a part of this bid invitation or any awarded purchase order, even if said terms and/or conditions contain language to the contrary. Offer Section and Balance of Product for Bid Page Revisions NO revision(s)or alterations of bid pages or published price lists or vendor quotes shall be accepted in lieu of authorized offer submittal page(s} or bid submission can be deemed non-compliant. Other related products may be provided under balance of product (see page 12 of 20) or added separately on additional pages or noted attachment(s), as well vendors published price lists (if available). Bid Prices Page 5 of 19: Special charges, surcharges (including credit card transaction fees) or load charges of any kind (by whatever name) may not be added on at any time. Any and all charges shall be built into your bid price at the time of the bid Freight on Board Page 5 of 19: F.O.B. Destination is applicable on delivered orders only