CONTRACT: Hazardous Waste Part II Petroleum Clean-Up

Page 1 of 20 Contractor Initials ________ Date ________ STATE OF NEW HAMPSHIRE BID TRANSMITTAL LETTER Date: ___________________ Company Name: ________________________________________ Address: _________________________________________________________ _________________________________________________________ To: Point of Contact: Jeff Haley Telephone: (603)-271- 2201 Email: NH.Purchasing@das.nh.gov RE: Bid Invitation Name: Hazardous Waste Part II Petroleum Clean-Up Bid Number: 2420 -21 Bid Posted Date (on or by): March 29, 2021 Bid Closing Date and Time: April 16, 2021 @ 10:30 AM (EST) Dear Mr. Haley: [Insert name of signor]_____________________________, on behalf of _____________________________ [insert name of entity submitting bid (collectively referred to as “Vendor”) hereby submits an offer as contained in the written bid submitted herewith (“Bid”) to the State of New Hampshire in response to BID # 2420 -21 for Hazardous

Waste Part II at the price(s) quoted herein in complete accordance with the bid. Vendor attests to the fact that: 1. The Vendor has reviewed and agreed to be bound by the Bid. 2. The Vendor has not altered any of the language or other provisions contained in the Bid document. 3. The Bid is effective for a period of 180 days from the Bid Closing date as indicated above. 4. The prices Vendor has quoted in the Bid were established without collusion with other vendors. 5. The Vendor has read and fully understands this Bid. 6. Further, in accordance with RSA 21-I:11-c, the undersigned Vendor certifies that neither the Vendor nor any of its subsidiaries, affiliates or principal officers (principal officers refers to individuals with management responsibility for the entity or association): a. Has, within the past 2 years, been convicted of, or pleaded guilty to, a violation of RSA 356:2, RSA 356:4, or any state or federal law or county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been annulled; b. Has been prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20; c. Has previously provided false, deceptive, or fraudulent information on a vendor code number application form, or any other document submitted to the state of New Hampshire, which information was not corrected as of the time of the filing a bid, proposal, or quotation; d. Is currently debarred from performing work on any project of the federal government or the government of any state; e. Has, within the past 2 years, failed to cure a default on any contract with the federal government or the government of any state; f. Is presently subject to any order of the department of labor, the department of employment security, or any other state department, agency, board, or commission, finding that the applicant is not in compliance with the requirements of the laws or rules that the department, agency, board, or commission is charged with implementing; g. Is presently subject to any sanction or penalty finally issued by the department of labor, the department of employment security, or any other state department, agency, board, or commission, which sanction or penalty has not been fully discharged or fulfilled; h. Is currently serving a sentence or is subject to a continuing or unfulfilled penalty for any crime or violation noted in this section; i. Has failed or neglected to advise the division of any conviction, plea of guilty, or finding relative to any crime or violation noted in this section, or of any debarment, within 30 days of such conviction, plea, finding, or debarment; or j. Has been placed on the debarred parties list described in RSA 21-I:11-c within the past year. Authorized Signor’s Signature _______________________________ Authorized Signor’s Title ________________________ NOTARY PUBLIC/JUSTICE OF THE PEACE COUNTY: ___________________________ STATE: ______________ ZIP: _________________ On the _____ day of _______________, 2021, personally appeared before me, the above named ________________________, in his/her capacity as authorized representative of ________________, known to me or satisfactorily proven, and took oath that the foregoing is true and accurate to the best of his/her knowledge and belief. In witness thereof, I hereunto set my hand and official seal. _________________________________________________________ (Notary Public/Justice of the Peace) My commission expires: _________________________________________________________ (Date) mailto:NH.Purchasing@das.nh.gov Page 2 of 20 Contractor Initials ________ Date ________ Form P37-A REQUEST FOR BID FOR HAZARDOUS WASTE PART II SERVICES FOR THE STATE OF NEW HAMPSHIRE PURPOSE: The purpose of this bid invitation is to establish a contract for Hazardous Waste Part II services to the State of New Hampshire with services indicated in the SCOPE OF SERVICES and OFFER sections of this bid invitation, in accordance with the requirements of this bid invitation and any resulting contract. INSTRUCTIONS TO VENDOR: Read the entire bid invitation prior to filling it out. Complete the pricing information in the “Offer” section (detailed information on how to fill out the pricing information can be found in the “Offer” section); complete the “Vendor Contact Information” section; and finally, fill out, sign, and notarize page one of the bid invitation. BID SUBMITTAL: All bids shall be submitted on this form (or an exact copy), shall be typed or clearly printed in ink, and shall be received on or before the date and time specified on page 1 of this bid under “Bid Closing”. Interested parties may submit a bid to the State of New Hampshire Bureau of Purchase and Property by email to NH.Purchasing@DAS.NH.Gov. All bids shall be clearly marked with bid number, date due and purchasing agent’s name. IF YOU ARE EXPERIENCING DIFFICULTIES EMAILING YOUR BID OR YOU WISH TO VERIFY THAT YOUR BID RESPONSE HAS BEEN RECEIVED, PLEASE CALL (603) 271-2201. BID INQUIRIES: Any questions, clarifications, and/or requested changes shall be submitted by an individual authorized to commit their organization to the Terms and Conditions of this bid and shall be received in writing at the Bureau of Purchase and Property no later than 4:00 PM on the date listed in the timeline below. Questions shall not be submitted to anyone other than the Purchasing Agent or his/her representative. Bidders that submit questions verbally or in writing to any other State entity or State personnel shall be found in violation of this part and may be found non-compliant. Questions shall be submitted by E-mail to Jeff Haley at the following address: Jeffrey.Haley@DAS.NH.Gov Submissions shall clearly identify the bid Number, the Vendor’s name and address and the name of the person submitting the question. BID DUE DATE: All bid submissions shall be received at the Bureau of Purchase and Property no later than the date and time shown on the transmittal letter of this bid. Submissions received after the date and time specified shall be marked as “Late” and shall not be considered in the evaluation process. All offers shall remain valid for a period of one hundred eighty (180) days from the bid due date. A vendor’s disclosure or distribution of bids other than to DAS, Bureau of Purchase and Property may be grounds for disqualification. ADDENDA: In the event it becomes necessary to add to or revise any part of this bid prior to the scheduled submittal date, the NH Bureau of Purchase and Property shall post on our web site any Addenda. Before your submission and periodically prior to the RFB closing, Vendors are required to check the site for any addenda or other materials that may have been issued affecting the bid. The web site address is: https://apps.das.nh.gov/bidscontracts/bids.aspx mailto:NH.Purchasing@DAS.NH.Gov mailto:Jeffrey.Haley@DAS.NH.Gov https://apps.das.nh.gov/bidscontracts/bids.aspx Page 3 of 20 Contractor Initials ________ Date ________ TIMELINE: The timeline below is provided as a general guideline and is subject to change. Unless stated otherwise, consider the dates below a “no later than” date. 03/29/2021 Bid Solicitation distributed on or by 04/09/2021 Last day for questions, clarifications, and/or requested changes to bid 04/16/2021 10:30 AM (EST) Bid Closing 07/01/2021 Implementation of Contract TERMS OF SUBMISSION: All material received in response to this bid shall become the property of the State and shall not be returned to the Vendor. Regardless of the Vendors selected, the State reserves the right to use any information presented in a bid response. The content of each Vendor’s bid shall become public information once a contract(s) has been awarded. A responding bid that has been completed and signed by your representative shall constitute your company’s acceptance of all State of New Hampshire terms and conditions and shall legally obligate your company to these terms and conditions. A signed response further signifies that from the time the bid is published (bid solicitation date and time) until a contract is awarded, no bidder shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who shall select, evaluate, or award the RFB. Furthermore, 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. The form P-37 Contract attached hereto shall be part of this bid and the basis for the contract(s). The successful Vendor and the State, following notification, shall promptly execute this contract form, which is to be completed by incorporating the service requirements and price conditions established by the vendor’s offer. CHAPTER ADM 600 PROCUREMENT AND PROPERTY RULES APPLY TO AND ARE MADE A PART HEREOF. Complete bids shall be filled out on the original documents and format that are a part of this bid invitation. Vendors may submit additional paperwork with pricing, but all pricing shall be on the documents provided with this bid invitation and in the State’s format. CONTRACT TERM: The term of the contract shall commence July 1, 2021 or upon execution by the Commissioner of the Department of Administrative Services, whichever is later and shall continue thereafter for a period of three (3) years. The contract may be extended for an additional two (2) one-year extensions thereafter under the same terms, conditions and pricing structure upon the mutual agreement between the successful Vendor and the State with the approval of the Commissioner of the Department of Administrative Services. The maximum term of the contract (including extensions) shall not exceed five (5) years. CONTRACT AWARD: The award shall be made to the responsible Vendor(s) meeting the criteria established in this RFB and providing the lowest cost in total. The intent of the State is to award up to three (3) Vendors. The State reserves the right to reject any or all bids or any part thereof and add/delete locations to the contract. If an award is made it shall be, in the form of a State of New Hampshire Contract(s). Successful Vendor shall not be allowed to require any other type of order, nor shall the successful Vendor be allowed to require the filling out or signing of any other document by State of New Hampshire personnel. Page 4 of 20 Contractor Initials ________ Date ________ NOTIFICATION AND AWARD OF CONTRACT(S): Bid results shall not be given by telephone. For Vendors wishing to attend the bid closing, the names of the vendors submitting responses and pricing shall be made public. Other specific response information shall not be given out. Bid results shall be made public after final approval of the contract(s). Bid results may also be viewed on our website at https://apps.das.nh.gov/bidscontracts/bids.aspx. For Vendors wishing to attend the bid closing: Names of the Vendors submitting responses and pricing shall be made public. LIABILITY: The State shall not be held liable for any costs incurred by Vendors in the preparation of bids or for work performed prior to contract issuance. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS: Generally, the full contents of any bid or proposal (including all materials submitted in connection with it, such as attachments, exhibits, addenda, and vendor presentations) become public information upon completion of final contract or purchase order negotiations with the selected vendor. Certain information concerning bids or proposals, including but not limited to pricing or scoring, is generally available to the public even before this time, in accordance with the provisions of NH RSA 21-G: 37. To the extent consistent with applicable state and federal laws and regulations, as determined by the State, including, but not limited to, NH RSA Chapter 91-A (the “Right-to-Know” Law), the State shall, after final negotiations with the selected vendor are complete, attempt to maintain the confidentiality of portions of a bid or proposal that are clearly and properly marked by a bidder as confidential. Any and all information contained in or connected to a bid or proposal that a bidder considers confidential shall be clearly designated in the following manner: If the bidder considers any portion of a submission confidential, they shall provide a separate copy of the full and complete document, fully redacting those portions by blacking them out and shall note on the applicable page or pages of the document that the redacted portion or portions are “confidential.” Use of any other term or method, such as stating that a document or portion thereof is “proprietary”, “not for public use”, or “for client’s use only”, is not acceptable. In addition to providing an additional fully redacted copy of the bid submission to the person listed as the point of contact on Page one (1) of this document, the identified information considered to be confidential must be accompanied by a separate letter stating the rationale for each item designated as confidential. In other words, the letter must specifically state why and under what legal authority each redaction has been made. Submissions which do not conform to these instructions by failing to include a redacted copy (if required), by failing to include a letter specifying the rationale for each redaction, by failing to designate redactions in the manner required by these instructions, or by including redactions which are contrary to these instructions or operative law may be rejected by the State as not conforming to the requirements of the bid or proposal. The State will generally assume that a bid or proposal submitted without an additional redacted copy contains no information which the bidder deems confidential. Bids and proposals which contain no redactions, as well as redacted versions of submissions that have been accepted by the State, may be released to the public, including by means of posting on State web sites. The State shall have no obligation to maintain the confidentiality of any portion of a bid, proposal or related material, which is not marked in accordance with the foregoing provisions. It is specifically understood and agreed that the bidder waives any claim of confidentiality as to any portion of a response to this RFB or RFP that is not marked as indicated above, and that unmarked (or improperly marked) submissions may be disseminated to any person, without limitation. Marking an entire bid, proposal, attachment or full sections thereof confidential without taking into consideration the public’s right to know shall neither be accepted nor honored by the State. Notwithstanding any provision of this request for submission to the contrary, proposed pricing shall be subject to public disclosure REGARDLESS of whether or not marked as confidential. If a request is made to the State by any person or entity to view or receive copies of any portion of a proposal and if disclosure is not prohibited under NH RSA 21-G:37 or any other applicable law or regulation, bidders acknowledge and agree that the State may disclose any and all portions of the proposal or related materials which is not marked as confidential. In the case of bids, proposals or related materials that contain portions https://apps.das.nh.gov/bidscontracts/bids.aspx Page 5 of 20 Contractor Initials ________ Date ________ marked confidential, the State shall assess what information it believes is subject to release; notify the bidder that the request has been made; indicate what, if any, portions of the proposal or related material shall not be released; and notify the bidder of the date it plans to release the materials. The State is not obligated to comply with a bidder’s designation regarding confidentiality. The State shall have no obligation to advise a bidder that an individual or entity is attempting to electronically access, or has been referred to, materials which have been made publicly available on the State’s web sites. By submitting a bid or proposal, the bidder agrees that unless it obtains and provides to the State, prior to the date specified in the notice described in the paragraph above, a court order valid and enforceable in the State of New Hampshire, at its sole expense, enjoining the release of the requested information, the State may release the information on the date specified in the notice without any liability to the bidder. Notwithstanding NH RSA 91-A:4, no information shall be available to the public, or to the members of the general court or its staff concerning specific responses to this bid invitation from the time this bid is published until the closing date for responses. TERMINATION: The State of New Hampshire shall have the right to terminate the contract at any time with written notice to the successful Vendor a thirty (30) day written notice. VENDOR CERTIFICATIONS: All Vendors shall be duly registered as a vendor authorized to conduct business in the State of New Hampshire. STATE OF NEW HAMPSHIRE VENDOR APPLICATION: Prior to bid award, Vendors shall have a completed VENDOR CERTIFICATIONS: All Vendors shall be duly registered with the NH Bureau of Purchase and Property as State of New Hampshire vendors. All Vendors that are corporations, limited liability companies, or other limited liability business entities (this excludes sole proprietors and general partnerships) shall be duly registered with the New Hampshire Secretary of State to conduct business in the State of New Hampshire. • STATE OF NEW HAMPSHIRE VENDOR APPLICATION: To be eligible for a contract award, a Vendor must have a completed Vendor Application Package on file with the NH Bureau of Purchase and Property. See the following website for information on obtaining and filing the required forms (no fee: https://DAS.NH.Gov/Purchasing • NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: To be eligible for a contract award, a Vendor that is a corporation, limited liability company, or other limited liability business entity (this excludes sole proprietors and general partnerships) must be registered to conduct business in the State of New Hampshire AND in good standing with the NH Secretary of State. Please visit the following website to find out more about the requirements for registration with the NH Secretary of State: https://sos.nh.gov/corporation-division/ • CONFIDENTIALITY & CRIMINAL RECORD: If Applicable, any employee or approved subcontractor of the Vendor who will be accessing or working with records of the State of New Hampshire shall be required to sign a Confidentiality and Non-Disclosure Agreement and a Release of Criminal Record Authorization Form. These forms shall be returned to the designated State agency prior to commencing any work. • CERTIFICATE OF INSURANCE: Prior to being awarded a contract the Vendor shall be required to submit proof of comprehensive general liability insurance coverage prior to performing any services for the State. The coverage shall insure against all claims of bodily injury, death or property damage in amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate. Coverage shall also include State of New Hampshire workers’ compensation insurance to the extent required by RSA Chapter 281-A. BID PRICES: Bid prices shall remain firm for the entire contract period and shall be in US dollars and shall include delivery and all other costs required by this bid invitation. Special charges, surcharges (including credit card https://das.nh.gov/Purchasing https://sos.nh.gov/corporation-division/ Page 6 of 20 Contractor Initials ________ Date ________ transaction fees), or fuel 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. Unless otherwise specified, prices shall be F.O.B. DESTINATION, (included in the price bid), which means delivered to a state agency's receiving dock or other designated point as specified in this contract or subsequent purchase orders without additional charge. Shipments shall be made in order to arrive at the destination at a satisfactory time for unloading during receiving hours. Per Administrative Rule 606.01(e) “if there is a discrepancy between the unit price and the extension price in a response to an RFP, RFB or RFQ, the unit price shall be binding upon the vendor”. Price decreases shall become effective immediately as they become effective to the general trade or the Vendor’s best/preferred customer In the case of unanticipated price increases at disposal sites the successful Vendor(s) may request price adjustment, either upward or downward, 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. Updated Published Price List MUST be e-mailed to Jeffrey.Haley@das.nh.gov 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. 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 Bureau of Procurement Services, Jeff Haley and sent electronic to Jeffrey.Haley@das.nh.gov. At a minimum, the Report shall include: • Contract Number • Utilizing Agency and Eligible Participant • Services/Products Purchased (showing the manufacturer, item, part number, and the final cost.) • Recycling documentation with respect to content used in the manufacture, development and distribution process of goods and services sold. This report shall include but not be limited to: o Percentage of recycled materials contained within finished products o Percentage of waste recycled throughout the manufacturing process o Types and volume of packaging used for transport 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 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. mailto:Jeffrey.Haley@das.nh.gov mailto:Jeffrey.Haley@das.nh.gov Page 7 of 20 Contractor Initials ________ Date ________ 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 to the corresponding State agency after completion of work. 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 State’s 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 Vendor’s responsibility to access our website to determine any bid invitation under which the Vendor desires to participate. It is also the Vendor’s 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 Vendor’s responsibility to forward a signed copy of any addendum requiring the Vendor’s 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. It is the responsibility of the Vendor to maintain this 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 State’s 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 https://www.nh.gov/treasury/state-vendors/index.htm https://apps.das.nh.gov/bidscontracts/bids.aspx https://das.nh.gov/purchasing/vendorregistration/(S(q0fzcv55qhaeqs45jpyq5i45))/welcome.aspx Page 8 of 20 Contractor Initials ________ Date ________ IF AWARDED A CONTRACT: The successful Vendor shall complete the following sections of the attached Agreement State of New Hampshire Form #P-37: 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. SPECIFICATIONS: Complete specifications required are detailed in the SCOPE OF SERVICES section of this bid invitation. In responding to the bid invitation, the prospective Vendor shall address all requirements for information as outlined herein. SITE VISITATION: Prior to bidding, it is each Vendor's responsibility to become thoroughly familiar with the sites of the intended service, to determine everything necessary to accomplish the services. Failure of the Vendor to make a site visit does not relieve the Vendor of responsibility to fully understand what is necessary to accomplish a successful and complete services. SCOPE OF SERVICES: Vendor shall supply all labor, tools, transportation, materials, equipment and permits as necessary and required to perform services as described herein. GENERAL TERMS AND CONDITIONS 1. Projects are to be quoted per occurrence to all Vendors awarded a contract based on the pricing in the Offer Section. Utilizing agency shall issue a detailed Scope of Work (SOW) through a Request for Quote (RFQ) to include all specifications of each individual project. Contractors are required to submit quotes within five (5) business days. The RFQ will be awarded to the lowest cost response meeting specifications. 2. Services are requested for the cleanup, disposal, recycling, or treatment of petroleum products discharged into the environment. These discharges can consist of but are not limited to: ruptured or leaking underground and/or above ground storage tanks, leaks from piping, spills, illegal petroleum dumps, or other circumstances involving the release of petroleum products. All these conditions and any other similar conditions presenting a hazard to the environment, or health and safety of the public shall be included under any awarded contract. The Vendor shall furnish the necessary personnel, permits, material, equipment, services, and facilities to perform the work contained in the Scope of Work. 2. The Vendor shall identify laboratories to be used for testing of petroleum products, soils, water and other samples required to be analyzed under any awarded contract. The laboratories shall be certified by the N.H. Department of Environmental Services. 3. It shall be the Vendor’s responsibility to obtain all local, State, and -Federal permits required under any awarded contract. 4. The services to be performed under this Agreement shall be in accordance with all current State and Federal Emergency Response Requirements. Page 9 of 20 Contractor Initials ________ Date ________ 5. All work and remediation shall follow the Env-Or 600 Contaminated Site Management, and EPA Standards, New Hampshire Department of Environmental Services (NHDES) regulations, regulations established by OSHA, national fire standards, and applicable local codes and ordinances. 6. A duly authorized representative for the state agency/municipality/institution requiring work by the Vendor shall perform inspection and acceptance of materials and services 78. The Vendor shall ensure that all sampling conducted is in accordance with applicable EPA analytical protocols. It is anticipated that air, surface water, groundwater, and soil samples shall be collected. All samples shall be properly collected in the appropriate containers and be properly preserved and transported. Strict chain-of- custody procedures shall be followed at all times in order to guarantee sample integrity. 7. The Vendor shall provide at least 51%of the labor, equipment, and materials based on the final invoiced costs for each assignment, minus the associated transport and disposal costs. Exceptions shall be allowed where transport and disposal are the primary work activities. 8. Any contract or contracts awarded under this bid may be funded in part by a grant from the United States Environmental Protection Agency. Neither the United States nor any of its departments, agencies, or employees is or will be a part to the bid or any resulting contract. B. SPECIFICATIONS 1. Services to be provided by the Vendor shall include but are not limited to the following activities: a. containment of free phase petroleum product; b. collection of free phase product to prevent migration. Methods of collection of both surface and subsurface free product may include: interception trenches, dual pump systems, floating surface skimmers, and oil/water separators; c. collection of floating and submerged oil; d. installation of temporary above ground tanks and associated piping; e. groundwater recovery employing one or more of the following processes: well points, collection trenches, recovery wells, hydraulic barriers, and injection wells; f. control of surface water through diversion and/or collection; g. excavation for the removal of contaminated soil and sediments; h. transportation and disposal of collected free phase product, soils, sediments, and consumable materials used in the clean-up of a site; i. groundwater treatment through the use of activated carbon adsorption, air stripping, biological treatment, soil vapor extraction, and dual phase extraction; j. securing the site from trespassers and/or all unauthorized personnel. k. removal of above ground and underground storage tanks. C. EMERGENCY AND NON-EMERGENCY RESPONSE 1. If a release poses a significant and immediate threat to human health and to the environment, then the release is considered an emergency. The State will determine if an emergency exists. 2. The Vendor shall respond to a non-emergency spill or release within a maximum of 24 hours unless a greater time is approved by the Agency. The State will determine if a spill or release is a non-emergency. 3. The State and Vendor shall agree to the choice of the method to be used in addressing the cleanup of a site prior to commencement of the work. 4. The Vendor shall have the capability to provide a satisfactory initial response to any reported emergency petroleum release or spill in the State of New Hampshire. 5. The 24-hour manned emergency telephone number for the State of New Hampshire is 603-271-4381. The NHDES telephone number for the Waste Management Division – Spill Response & Complaint Investigation Section is 603-271-3899; (8am to 4pm, Mon- Fri.) Page 10 of 20 Contractor Initials ________ Date ________ 6. The Vendor shall maintain a 24-hour per day, 7 days per week response capability. 7. In situations where severe weather conditions may affect road conditions and the travel time, the State contact person may allow the Vendor additional travel time. Such additional travel time shall be agreed to at the time of notification and shall be documented by both the Vendor and the State contact person. 7. When a spill occurs, the Agency contact person shall notify the Vendor by telephone, providing the best available information regarding the spill. If possible, this will include the location, type of product, and estimated size of the spill, a brief description of the impacted area, name and contact phone number of responsible party, and a preliminary list of the resources that may be required. 8. The Vendor may be supervised by representatives of the State. 9. Any discharge of oil in violation of RSA 146-A shall be reported to the NHDES, Waste Management Division by any party having knowledge of the discharge. 10. Upon arrival at the site of a hazardous waste spill or incident, the Part II Vendor shall coordinate with the State representative to use the Part III Contractor’s services or applicable bid rates. D. ASSIGNMENT OF PERSONNEL 1. Assignment of Vendor personnel to any of the projects/sites shall be appropriate to the complexity and size of the project and the type of work to be performed. The lowest technical level of personnel capable of performing the work shall be assigned to the project whenever possible. Where overly qualified personnel are assigned to the project, the Agency, at its sole discretion, may pay the Vendor at the rate in the Bid for the work actually being performed, i.e., should a Foreman be performing the duties of a Laborer, the rate paid by the Agency may be reduced from the rate of Foreman to that of Laborer 2. Duplicate supervisory personnel shall not be assigned to the project unless the work effort warrants that level of involvement. As an example, the assignment of multiple Foremen to a project shall be appropriate to the level of work occurring. 3. The Vendor shall provide to the Agency, the names and job assignments of all management personnel for approval prior to assignment to the Work. Once assigned to the project, the Vendor shall not substitute personnel in any of the management positions without prior approval from the Agency. E. HEALTH AND SAFETY 1. The nature of the work to be performed is inherently hazardous. 2. In performance of work under any awarded contract the Vendor shall, as a minimum, satisfy all federal, State, and local statutes, regulations, ordinances, etc., regarding health and safety. The Vendor shall ensure complete compliance with all the requirements of 29 CFR 1910.120 “Hazardous Waste Operations and Emergency Response” Final Rule. Beyond these minimum requirements, the Vendor shall develop and make available to the State for review a Health and Safety Plan (HASP) specific to the release or spill site. These plans shall include: descriptions of measures designed to protect the health and safety of the incident responders, location of nearest hospital, and names of safety personnel. 3. The Vendor shall have sufficiently trained staff as safety personnel and as hazardous waste technicians and operators. The minimum safety training requirements are established in sub-Section C, Part III. 4. It shall be the Vendor’s responsibility to amend or revise the HASP once on site to address specific site conditions. F. CONSULTANTS, SUBCONTRACTORS AND VENDORS 1. The State may at any time by written order require the performance of extra work activities not included in the scope of the Bid. In the case of work that is done by subcontractors, payment to the Vendor shall be limited to a price determined by adding fifteen (15) per cent to the quoted cost of the work. Said markup shall be the Vendor’s fee in directing the operations of the subcontractor, for administrative supervision, and for all overhead costs. 2. Consultants, Subcontractors and Vendors (add terminology from DES contract 5.2 through 5.2.8. Page 11 of 20 Contractor Initials ________ Date ________ 3. Vendor shall be responsible for all payments to the subcontractors. 4. The Vendor may use the service of a Subcontractor where reasonable, appropriate and consistent with industry practice. The Vendor shall not award any Work or Subcontractor without prior approval of the State Representative. 5. The Vendor shall be fully responsible to the State for the acts, errors and omissions of a Subcontractor. 6. The Subcontractor shall be bound by the same terms and conditions as those that bind the Vendor to the State, but there shall be no direct contractual relationship between a Subcontractor and the State. 7. The Vendor shall provide to the State the subcontractor’s reports and documentation for each Assignment. 8. A Vendor that relies on a Subcontractor to provide equipment or services for Emergency Work shall structure their Subcontractor agreement (or agreements) to ensure same-day deployment capability. 9. A Vendor may employ the services of a Consultant as a Subcontractor for certain Assignments, with prior written approval of the State Representative. 10. A Vendor may obtain materials, supplies and services from a vendor as necessary to complete routine Work without specific approval of the State Representative. 11. The Vendor shall provide the State with all technical instructions, operations and maintenance manuals, warranties and security codes/keys, related to materials, supplies and services acquired from a Subcontractor or Vendor. G. WORK ADJACENT TO STRUCTURES 1. For work in the vicinity of a structure which may affect structural integrity, the Contractor shall obtain the services of a qualified structural or geotechnical Professional Engineer licensed in the State of New Hampshire. The engineer shall provide evaluation and design services prior to the start of the work. 2. In instances where it becomes necessary to excavate next to existing structures, photos shall be taken of the structure prior to commencement of the work. Where appropriate, videotaping of the structural conditions may also be performed to supplement photographs. The completeness of the photographic record may be crucial in any subsequent litigation that may arise. H. SITE RECORDS 1. The Vendor shall maintain records for each response site. These shall include daily logs, reports, and a photo history of the site. The Vendor shall maintain daily logs listing the work performed, the number of personnel on the site and equipment on site. The log shall also document weather conditions, list all personnel, subcontractors and visitors on-site. 2. The Vendor shall take photographs of the site conditions and photographs at the completion of the work. Digital photographs are preferred; if prints, photos shall be 4-inch by 6-inch color. Photos shall be documented with the date, time, and location of the camera. Should the project extend over several days, progress photos shall also be taken and kept with the project records. I. INCIDENT REPORTS 1. The Vendor shall prepare a report upon the completion of the effort at each site. The purpose of the report is to document the incident and the work performed. The report shall provide findings, and conclusions regarding the activities completed; account for the funds expended, and provide guidance and recommendations, which could be, applied to future response efforts of a similar nature. Incident Reports shall be submitted within 30 days of completion of work on the site to the Agency, which had activated the service. Failure to submit the report within the time allowed shall result in the holding of all subsequent payments to the Vendor until the report is submitted. A copy of this report will also be submitted to the State, if any discharge of oil in violation of RSA 146-A has occurred. 2. At a minimum, each Incident Report shall include a completed Initial Response Action Reporting Form. The following supplementary information shall be provided in the report: a. actual cost breakdown; b. name of agency representative who initiated the response; c. date and time personnel and equipment arrived; Page 12 of 20 Contractor Initials ________ Date ________ d. date and time Vendor notified; e. number of individuals responding; f. equipment and materials used; and recorded for disposal documentation J. VENDOR PAYMENT REQUEST FORMAT & CONTENT 1. The Vendor shall invoice each Assignment separately. For long duration projects, multiple invoices may be submitted. Each invoice shall be submitted in the appropriate electronic format prescribed by the State. 3. Each payment request or invoice shall include the following information: a) Department of Environmental Services Site Number, Project Type, Site Name, Town or City. b) Vendor project number and dates when work was performed. c) Invoice number and date. d) Project description (for example, “truck rollover on highway, “XYZ Property). e) Daily work summaries (complete and legible copies) including the following, as applicable: 3. An incident description. a) List of all equipment and materials used with quantities. b) List of all Vendor personnel on-site, with labor categories and hours worked by each individual. c) Copies of Subcontract invoices and work orders, itemizing services and materials provided. Additional information may be required to document the cost of services and materials provided. d) Copies of Vendor payroll sheets to document overtime pay per individual. e) Copies of approved Scope of Work and Change Orders. f) Copies of signed Waste Manifests and Bills of Lading. g) Copies of Certificates of Disposal from approved facilities. h) Invoice detail for each item shall include: 4. Price Schedule Item Number. 5. Item description. 6. Quantity billed. 7. Item price. 8. Amount billed. a) The labor costs associated with preparation, travel, office time and on-site time shall be listed separately for each day of activity. b) The invoice subtotal or total shall be provided at the bottom of each invoice sheet. 6. Emergency response premiums shall not be paid. No administrative and fuel/energy surcharge costs are permissible. 7. Payment for services shall be 100% of the billed amount, payable within 30 days upon acceptance of the Vendor’s invoice. Certification of final disposition of the waste material shall be received by the Agency using the Vendor’s services within 90 days from completion of the work waste shipment records should be received by the Agency no later than submittal of last invoice. The Agency may waive this requirement in situations where long-term services are required or where it is deemed appropriate. 8. Labor costs, with the exception of preparing site Incident Reports, shall apply to on-site time only. Portal- to-Portal and site to site time shall not be paid. 9. Item II-M-1, Site Mobilization and Demobilization, covers the cost to the Vendor for mobilizing equipment and personnel to the site of a significant spill, remediation, or project site and subsequently demobilizing the equipment and personnel upon completion of the assignment. One payment shall be made for each site the Vendor is called to, regardless of the number of visits required to complete the task. Mobilization fees shall not be applied to assignments addressing small spills (less than 25 gallons), roadside pick-ups, and/or tasks that can be completed utilizing only light equipment (i.e. duty vans/trucks). Payment shall normally be made upon demobilizing from the site. However, where the Vendor’s equipment and personnel will be required on-site for a period exceeding one month, half of the bid amount shall be paid for mobilization and the remaining half shall be paid upon demobilizing from the site. Page 13 of 20 Contractor Initials ________ Date ________ 10. The Vendor in providing costs for the disposal of the wastes, Items II-D-1 through II-D-7C shall include with each bid item a designation for the method of disposal of the material. The Vendor shall use one of the following letters to identify the method of disposal: a. R – recycling; c. I – incineration; or b. T – treatment; d. L- land filling In the event a waste item is not covered in the Bid, the price for disposal, recycling, or treatment, shall be negotiated with the generating Agency, and so noted on the invoice rendered by the Vendor. 11. The State realizes that the most preferred method of disposal, recycling, may not be appropriate or possible for certain wastes. The Vendor’s designation shall be the most preferred method of disposal available for the waste based on current industry standards. Consistent use by the Vendor of a disposal method of a lower preference than that commonly used may be grounds for rejection of the Bid, to be in compliant with State Government Waste Reduction, Recycling and Recycled Products Waste (RSA 9- C). 12. All labor prices Items II-L-1 through II-L-9 are based on Level D, personal protective equipment. Items II- P-1 through II-P-3 shall be the additional cost of providing Level A, Level B or Level C PPE to each worker donning PPE as directed by the Site Safety Officer, (29 CFR 1910.120, Append B). 13. Payment for laboratory analyses shall include all labor, materials, and equipment necessary to perform the laboratory analysis and report the results. The cost of performing special analyses not listed in the Bid or the NH Petroleum Reimbursement Fund Program unit and project base cost sheet shall be provided at a cost to be agreed upon by the Vendor and the Agency requesting the services. All laboratory analysis prices shall be based upon a two-week turn-around, unless the requesting agency requests an alternative turnaround time and associated costs. 14. If the project lasts for more than one (1) day and is over 80 miles from the Vendor’s N.H. base of operations, per diem charges for employees on the project shall be allowed. Per diem rates shall be reimbursed for the expense of meals and lodging. Per diem rates shall not exceed the current prevailing rates for the State established by federal travel regulations. Receipts shall be originals and submitted with the request for compensation in order to verify the expense. 15. Costs for the disposal, recycling, treatment, land-filling and transportation of materials contaminated with hazardous wastes shall be accepted or rejected based on comparison with the Part II Contract bid prices and quoted prices by the Part III Contractor. 16. Prices for the disposal, recycling, treatment, and transportation of waste materials shall include all applicable state and federal fees and taxes. 17. Cost of preparing the HASP shall be included in and incidental to Item II-M-1, Mobilization and Demobilization, contained in the Bid when applicable. 18. Heavy Equipment that is on-site but not being used on a daily basis may be considered as standby equipment and payment for the Bid item shall be reduced to a standby rate. The standby rate for all equipment shall be 50% of the rate stated in the bid. Where it is agreed by the Agency that a piece of equipment is essential on site to mitigate a potential threat to on-site personnel, public health, or the environment, this reduction in the charge rate may not be applied. 19. Equipment used on-site for any part of the payment period shall be paid for the full amount of that period, i.e., equipment with a daily lease rate shall be paid the full rate regardless the length of time the equipment is used on-site within the payment period. Measurement for payment for equipment with half day rates shall extend from midnight to noon and from noon to midnight. Payment for equipment during on site time cross-over periods must be onsite for at least four hours and does not include travel time. 20. Cost for Equipment and/or items not included in this proposal shall use the NH Petroleum Reimbursement Fund Program unit and project base cost sheet. Payment for materials used without a Bid Item or NH Petroleum Reimbursements Fund Program shall be actual cost plus 10 percent. See Attachment B, Page 14 of 20 Contractor Initials ________ Date ________ 21. The cost of preparing and maintaining site records shall be included in and incidental to Mobilization and Demobilization, Item II-M-1, in the Bid when applicable. 22. Labor Bid Items shall be adjusted for overtime in accordance with the following schedule: a. Bid Price x 1.5 – Work hours in excess of 8 hours on any weekday or Saturday b. Bid Price x 2.0 – Work hours on Sundays and State recognized holidays. 23. The Contaminated Material Disposal bid items are for the cost to transport the wastes from the site or incident to the disposal facility and for the disposal, treatment, recycling, and /or land-filling of the wastes. There shall not be separate transport costs from the site or incident to a processing facility which in-turn packages the wastes for final disposal at another facility to be charged at the transport /disposal bid prices and will be billed at the equipment rate. There shall not be any other charges applied for this service including; Special charges, hourly driver charges, surcharges, delivery charges, or fuel charges of any kind. K. CHANGE ORDERS 1. The State shall use written Change Orders for Non-Emergency Work to authorize additional Work not originally requested under the approved Scope of Work or to authorize additional quantities and items for handing and disposition under the given Assignment. In some cases, the Change Order mechanism may be used by the State to consolidate and transport and/or dispose of contained wastes from more than one site for economic advantages. The amount of compensation to be paid to the Vendor for any extra work shall be agreed upon between the parties and stipulated in the Change Order. 2. The Vendor shall complete a Change Order form provided by the State for changes to time, materials, transportation or disposal costs, for any time or schedule change, and/or for use of subcontractors. The State must pre-approve the Work and dates under a Change Order, for the Vendor to be compensated. 3. The State may verbally authorize minor changes or alterations in the Work that do not involve extra cost. These items shall not need to be authorized by a written Change Order. Additional requirements: Unless otherwise specified herein, all services performed under this Contract(s) 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. Any deviation in work hours shall be pre-approved by the Contracting Officer. The State requires ten- day advance knowledge of said work schedules to provide security and access to respective work areas. No premium charges shall be paid for any off-hour work. The Vendor shall not commence work 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 State shall require correction of defective work or damages to any part of a building or its appurtenances when caused by the Vendor’s employees, equipment or supplies. The Vendor shall replace in satisfactory condition all defective work and damages rendered thereby or any other damages incurred. Upon failure of the Vendor to proceed promptly with the necessary corrections, the State may withhold any amount necessary to correct all defective work or damages from payments to the Vendor. The work staff shall consist of qualified persons completely familiar with the products and equipment they shall use. The Contracting Officer may require the Vendor to dismiss from the work such employees as deems incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment on the work is deemed to be contrary to the public interest or inconsistent with the best interest of security and the State. The Vendor or their personnel shall not represent themselves as employees or agents of the State. While on State property, employees shall be subject to the control of the State, but under no circumstances shall such persons be deemed to be employees of the State. All personnel shall observe all regulations or special restrictions in effect at the State Agency. Page 15 of 20 Contractor Initials ________ Date ________ The Vendor’s personnel shall be allowed only in areas where services are being performed. The use of State telephones is prohibited. 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. OBLIGATIONS AND LIABILITY OF THE VENDOR: The successful Vendor shall perform all work and furnish all materials, tools, equipment and safety devices necessary to perform the requested services in the manner and within the time hereinafter specified. The Vendor shall provide said services to the satisfaction of the State and in accordance with the specifications and at the price set forth herein. All work to be performed and all equipment to be furnished 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 work to be performed pursuant to the Scope of Services included herein; for the protection of said work; and for preventing injuries to persons and damage to property and utilities on or about said work. 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 work, 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, quality, or character of the work required, or because the nature or characteristics of the work location is different from what the Vendor estimated or expected, or due to delays or other complications caused by the weather, elements, or other natural causes. The successful Vendor agrees that any damage or injury to any buildings, materials, equipment, or other property resulting from the Vendor’s performance of the requested services shall be repaired at the Vendor’s own expense so that such buildings, materials, equipment, or other property are satisfactorily restored to their prior condition. OFFER: Vendor hereby offers to perform the services to the State of New Hampshire as specified at the prices quoted below, in complete accordance with the general and detailed specifications included herewith. VENDOR CONTACT INFORMATION: Please provide contact information below for a person knowledgeable of and who can answer questions regarding, this bid response. ____________________________________ _______________________ __________________________ Contact Person Local Telephone Number Toll Free Telephone Number ____________________________________________ _________________________________ E-mail Address Company Website __________________________________________ _______ __________________________________________________ Vendor Company Name Vendor Address ATTACHMENTS: The following attachments are an integral part of this bid invitation: Attachment A: Sample P-37 Form Attachment B: Offer RFB 2420-21 Note: To be considered, bid shall be signed and notarized on front cover sheet in the space provided. Page 16 of 20 Contractor Initials ________ Date ________ ATTACHMENT A SAMPLE FORM TO BE COMPLETED UPON AWARD FORM NUMBER P-37 (version 12/11/2019) AGREEMENT The State of New Hampshire and the Contractor hereby mutually agree as follows: GENERAL PROVISIONS 1. IDENTIFICATION. 1.1 State Agency Name 1.2 State Agency Address 1.3 Contractor Name 1.4 Contractor Address 1.5 Contractor Phone Number 1.6 Account Number 1.7 Completion Date 1.8 Price Limitation 1.9 Contracting Officer for State Agency 1.10 State Agency Telephone Number 1.11 Contractor Signature Date: 1.12 Name and Title of Contractor Signatory 1.13 State Agency Signature Date: 1.14 Name and Title of State Agency Signatory 1.15 Approval by the N.H. Department of Administration, Division of Personnel (if applicable) By: Director, On: 1.16 Approval by the Attorney General (Form, Substance and Execution) (if applicable) By: On: 1.17 Approval by the Governor and Executive Council (if applicable) G&C Item number: G&C Meeting Date: Notice: This agreement and all of its attachments shall become public upon submission to Governor and Executive Council for approval. Any information that is private, confidential or proprietary must be clearly identified to the agency and agreed to in writing prior to signing the contract. Page 17 of 20 Contractor Initials ________ Date ________ 2. SERVICES TO BE PERFORMED. The State of New Hampshire, acting through the agency identified in block 1.1 (“State”), engages contractor identified in block 1.3 (“Contractor”) to perform, and the Contractor shall perform, the work or sale of goods, or both, identified and more particularly described in the attached EXHIBIT B which is incorporated herein by reference (“Services”). 3. EFFECTIVE DATE/COMPLETION OF SERVICES. 3.1 Notwithstanding any provision of this Agreement to the contrary, and subject to the approval of the Governor and Executive Council of the State of New Hampshire, if applicable, this Agreement, and all obligations of the parties hereunder, shall become effective on the date the Governor and Executive Council approve this Agreement as indicated in block 1.17, unless no such approval is required, in which case the Agreement shall become effective on the date the Agreement is signed by the State Agency as shown in block 1.13 (“Effective Date”). 3.2 If the Contractor commences the Services prior to the Effective Date, all Services performed by the Contractor prior to the Effective Date shall be performed at the sole risk of the Contractor, and in the event that this Agreement does not become effective, the State shall have no liability to the Contractor, including without limitation, any obligation to pay the Contractor for any costs incurred or Services performed. Contractor must complete all Services by the Completion Date specified in block 1.7. 4. CONDITIONAL NATURE OF AGREEMENT. Notwithstanding any provision of this Agreement to the contrary, all obligations of the State hereunder, including, without limitation, the continuance of payments hereunder, are contingent upon the availability and continued appropriation of funds affected by any state or federal legislative or executive action that reduces, eliminates or otherwise modifies the appropriation or availability of funding for this Agreement and the Scope for Services provided in EXHIBIT B, in whole or in part. In no event shall the State be liable for any payments hereunder in excess of such available appropriated funds. In the event of a reduction or termination of appropriated funds, the State shall have the right to withhold payment until such funds become available, if ever, and shall have the right to reduce or terminate the Services under this Agreement immediately upon giving the Contractor notice of such reduction or termination. The State shall not be required to transfer funds from any other account or source to the Account identified in block 1.6 in the event funds in that Account are reduced or unavailable. 5. CONTRACT PRICE/PRICE LIMITATION/ PAYMENT. 5.1 The contract price, method of payment, and terms of payment are identified and more particularly described in EXHIBIT C which is incorporated herein by reference. 5.2 The payment by the State of the contract price shall be the only and the complete reimbursement to the Contractor for all expenses, of whatever nature incurred by the Contractor in the performance hereof, and shall be the only and the complete compensation to the Contractor for the Services. The State shall have no liability to the Contractor other than the contract price. 5.3 The State reserves the right to offset from any amounts otherwise payable to the Contractor under this Agreement those liquidated amounts required or permitted by N.H. RSA 80:7 through RSA 80:7-c or any other provision of law. 5.4 Notwithstanding any provision in this Agreement to the contrary, and notwithstanding unexpected circumstances, in no event shall the total of all payments authorized, or actually made hereunder, exceed the Price Limitation set forth in block 1.8. 6. COMPLIANCE BY CONTRACTOR WITH LAWS AND REGULATIONS/ EQUAL EMPLOYMENT OPPORTUNITY. 6.1 In connection with the performance of the Services, the Contractor shall comply with all applicable statutes, laws, regulations, and orders of federal, state, county or municipal authorities which impose any obligation or duty upon the Contractor, including, but not limited to, civil rights and equal employment opportunity laws. In addition, if this Agreement is funded in any part by monies of the United States, the Contractor shall comply with all federal executive orders, rules, regulations and statutes, and with any rules, regulations and guidelines as the State or the United States issue to implement these regulations. The Contractor shall also comply with all applicable intellectual property laws. 6.2 During the term of this Agreement, the Contractor shall not discriminate against employees or applicants for employment because of race, color, religion, creed, age, sex, handicap, sexual orientation, or national origin and will take affirmative action to prevent such discrimination. 6.3. The Contractor agrees to permit the State or United States access to any of the Contractor’s books, records and accounts for the purpose of ascertaining compliance with all rules, regulations and orders, and the covenants, terms and conditions of this Agreement. 7. PERSONNEL. 7.1 The Contractor shall at its own expense provide all personnel necessary to perform the Services. The Contractor warrants that all personnel engaged in the Services shall be qualified to perform the Services, and shall be properly licensed and otherwise authorized to do so under all applicable laws. 7.2 Unless otherwise authorized in writing, during the term of this Agreement, and for a period of six (6) months after the Completion Date in block 1.7, the Contractor shall not hire, and shall not permit any subcontractor or other person, firm or corporation with whom it is engaged in a combined effort to perform the Services to hire, any person who is a State employee or official, who is materially involved in the procurement, administration or performance of this Agreement. This provision shall survive termination of this Agreement. 7.3 The Contracting Officer specified in block 1.9, or his or her successor, shall be the State’s representative. In the event of Page 18 of 20 Contractor Initials ________ Date ________ any dispute concerning the interpretation of this Agreement, the Contracting Officer’s decision shall be final for the State. 8. EVENT OF DEFAULT/REMEDIES. 8.1 Any one or more of the following acts or omissions of the Contractor shall constitute an event of default hereunder (“Event of Default”): 8.1.1 failure to perform the Services satisfactorily or on schedule; 8.1.2 failure to submit any report required hereunder; and/or 8.1.3 failure to perform any other covenant, term or condition of this Agreement. 8.2 Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions: 8.2.1 give the Contractor a written notice specifying the Event of Default and requiring it to be remedied within, in the absence of a greater or lesser specification of time, thirty (30) days from the date of the notice; and if the Event of Default is not timely cured, terminate this Agreement, effective two (2) days after giving the Contractor notice of termination; 8.2.2 give the Contractor a written notice specifying the Event of Default and suspending all payments to be made under this Agreement and ordering that the portion of the contract price which would otherwise accrue to the Contractor during the period from the date of such notice until such time as the State determines that the Contractor has cured the Event of Default shall never be paid to the Contractor; 8.2.3 give the Contractor a written notice specifying the Event of Default and set off against any other obligations the State may owe to the Contractor any damages the State suffers by reason of any Event of Default; and/or 8.2.4 give the Contractor a written notice specifying the Event of Default, treat the Agreement as breached, terminate the Agreement and pursue any of its remedies at law or in equity, or both. 8.3. No failure by the State to enforce any provisions hereof after any Event of Default shall be deemed a waiver of its rights with regard to that Event of Default, or any subsequent Event of Default. No express failure to enforce any Event of Default shall be deemed a waiver of the right of the State to enforce each and all of the provisions hereof upon any further or other Event of Default on the part of the Contractor. 9. TERMINATION. 9.1 Notwithstanding paragraph 8, the State may, at its sole discretion, terminate the Agreement for any reason, in whole or in part, by thirty (30) days written notice to the Contractor that the State is exercising its option to terminate the Agreement. 9.2 In the event of an early termination of this Agreement for any reason other than the completion of the Services, the Contractor shall, at the State’s discretion, deliver to the Contracting Officer, not later than fifteen (15) days after the date of termination, a report (“Termination Report”) describing in detail all Services performed, and the contract price earned, to and including the date of termination. The form, subject matter, content, and number of copies of the Termination Report shall be identical to those of any Final Report described in the attached EXHIBIT B. In addition, at the State’s discretion, the Contractor shall, within 15 days of notice of early termination, develop and submit to the State a Transition Plan for services under the Agreement. 10. DATA/ACCESS/CONFIDENTIALITY/ PRESERVATION. 10.1 As used in this Agreement, the word “data” shall mean all information and things developed or obtained during the performance of, or acquired or developed by reason of, this Agreement, including, but not limited to, all studies, reports, files, formulae, surveys, maps, charts, sound recordings, video recordings, pictorial reproductions, drawings, analyses, graphic representations, computer programs, computer printouts, notes, letters, memoranda, papers, and documents, all whether finished or unfinished. 10.2 All data and any property which has been received from the State or purchased with funds provided for that purpose under this Agreement, shall be the property of the State, and shall be returned to the State upon demand or upon termination of this Agreement for any reason. 10.3 Confidentiality of data shall be governed by N.H. RSA chapter 91-A or other existing law. Disclosure of data requires prior written approval of the State. 11. CONTRACTOR’S RELATION TO THE STATE. In the performance of this Agreement the Contractor is in all respects an independent contractor, and is neither an agent nor an employee of the State. Neither the Contractor nor any of its officers, employees, agents or members shall have authority to bind the State or receive any benefits, workers’ compensation or other emoluments provided by the State to its employees. 12. ASSIGNMENT/DELEGATION/SUBCONTRACTS. 12.1 The Contractor shall not assign, or otherwise transfer any interest in this Agreement without the prior written notice, which shall be provided to the State at least fifteen (15) days prior to the assignment, and a written consent of the State. For purposes of this paragraph, a Change of Control shall constitute assignment. “Change of Control” means (a) merger, consolidation, or a transaction or series of related transactions in which a third party, together with its affiliates, becomes the direct or indirect owner of fifty percent (50%) or more of the voting shares or similar equity interests, or combined voting power of the Contractor, or (b) the sale of all or substantially all of the assets of the Contractor. 12.2 None of the Services shall be subcontracted by the Contractor without prior written notice and consent of the State. The State is entitled to copies of all subcontracts and assignment agreements and shall not be bound by any provisions contained in a subcontract or an assignment agreement to which it is not a party. 13. INDEMNIFICATION. Unless otherwise exempted by law, the Contractor shall indemnify and hold harmless the State, its officers and employees, from and against any and all claims, liabilities and costs for any personal injury or property damages, patent or copyright infringement, or other claims asserted against the State, its officers or employees, which arise Page 19 of 20 Contractor Initials ________ Date ________ out of (or which may be claimed to arise out of) the acts or omission of the Contractor, or subcontractors, including but not limited to the negligence, reckless or intentional conduct. The State shall not be liable for any costs incurred by the Contractor arising under this paragraph 13. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved to the State. This covenant in paragraph 13 shall survive the termination of this Agreement. 14. INSURANCE. 14.1 The Contractor shall, at its sole expense, obtain and continuously maintain in force, and shall require any subcontractor or assignee to obtain and maintain in force, the following insurance: 14.1.1 commercial general liability insurance against all claims of bodily injury, death or property damage, in amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate or excess; and 14.1.2 special cause of loss coverage form covering all property subject to subparagraph 10.2 herein, in an amount not less than 80% of the whole replacement value of the property. 14.2 The policies described in subparagraph 14.1 herein shall be on policy forms and endorsements approved for use in the State of New Hampshire by the N.H. Department of Insurance, and issued by insurers licensed in the State of New Hampshire. 14.3 The Contractor shall furnish to the Contracting Officer identified in block 1.9, or his or her successor, a certificate(s) of insurance for all insurance required under this Agreement. Contractor shall also furnish to the Contracting Officer identified in block 1.9, or his or her successor, certificate(s) of insurance for all renewal(s) of insurance required under this Agreement no later than ten (10) days prior to the expiration date of each insurance policy. The certificate(s) of insurance and any renewals thereof shall be attached and are incorporated herein by reference. 15. WORKERS’ COMPENSATION. 15.1 By signing this agreement, the Contractor agrees, certifies and warrants that the Contractor is in compliance with or exempt from, the requirements of N.H. RSA chapter 281-A (“Workers’ Compensation”). 15.2 To the extent the Contractor is subject to the requirements of N.H. RSA chapter 281-A, Contractor shall maintain, and require any subcontractor or assignee to secure and maintain, payment of Workers’ Compensation in connection with activities which the person proposes to undertake pursuant to this Agreement. The Contractor shall furnish the Contracting Officer identified in block 1.9, or his or her successor, proof of Workers’ Compensation in the manner described in N.H. RSA chapter 281-A and any applicable renewal(s) thereof, which shall be attached and are incorporated herein by reference. The State shall not be responsible for payment of any Workers’ Compensation premiums or for any other claim or benefit for Contractor, or any subcontractor or employee of Contractor, which might arise under applicable State of New Hampshire Workers’ Compensation laws in connection with the performance of the Services under this Agreement. 16. NOTICE. Any notice by a party hereto to the other party shall be deemed to have been duly delivered or given at the time of mailing by certified mail, postage prepaid, in a United States Post Office addressed to the parties at the addresses given in blocks 1.2 and 1.4, herein. 17. AMENDMENT. This Agreement may be amended, waived or discharged only by an instrument in writing signed by the parties hereto and only after approval of such amendment, waiver or discharge by the Governor and Executive Council of the State of New Hampshire unless no such approval is required under the circumstances pursuant to State law, rule or policy. 18. CHOICE OF LAW AND FORUM. This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of New Hampshire, and is binding upon and inures to the benefit of the parties and their respective successors and assigns. The wording used in this Agreement is the wording chosen by the parties to express their mutual intent, and no rule of construction shall be applied against or in favor of any party. Any actions arising out of this Agreement shall be brought and maintained in New Hampshire Superior Court which shall have exclusive jurisdiction thereof. 19. CONFLICTING TERMS. In the event of a conflict between the terms of this P-37 form (as modified in EXHIBIT A) and/or attachments and amendment thereof, the terms of the P-37 (as modified in EXHIBIT A) shall control. 20. THIRD PARTIES. The parties hereto do not intend to benefit any third parties and this Agreement shall not be construed to confer any such benefit. 21. HEADINGS. The headings throughout the Agreement are for reference purposes only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 22. SPECIAL PROVISIONS. Additional or modifying provisions set forth in the attached EXHIBIT A are incorporated herein by reference. 23. SEVERABILITY. In the event any of the provisions of this Agreement are held by a court of competent jurisdiction to be contrary to any state or federal law, the remaining provisions of this Agreement will remain in full force and effect. 24. ENTIRE AGREEMENT. This Agreement, which may be executed in a number of counterparts, each of which shall be deemed an original, constitutes the entire agreement and understanding between the parties, and supersedes all prior agreements and understandings with respect to the subject matter hereof. Page 20 of 20 Revised: 12/31/20 LMR BID INQUIRIES: BID DUE DATE: All offers shall remain valid for a period of one hundred eighty (180) days from the bid due date. A vendor’s disclosure or distribution of bids other than to DAS, Bureau of Purchase and Property may be grounds for disqualification. TERMS OF SUBMISSION: All material received in response to this bid shall become the property of the State and shall not be returned to the Vendor. Regardless of the Vendors selected, the State reserves the right to use any information presented in a bid response. The co... NOTIFICATION AND AWARD OF CONTRACT(S): LIABILITY: The State shall not be held liable for any costs incurred by Vendors in the preparation of bids or for work performed prior to contract issuance. GENERAL TERMS AND CONDITIONS E. HEALTH AND SAFETY G. WORK ADJACENT TO STRUCTURES H. SITE RECORDS I. INCIDENT REPORTS AGREEMENT Sheet1 Attachment B: Bid 2420-21 CONTRACT - HAZARDOUS WASTE - PART II PETROLEUM CLEAN UP AND RECYCLING OR DISPOSAL Item Description MOBILIZATION/DEMOBILIZATION II-M-1. Site mobilization and demobilization Total COOS $____________ GRAFTON $____________ CARROLL $____________ SULLIVAN $____________ MERRIMACK $____________ BELKNAP $____________ STRAFFORD $____________ CHESHIRE $____________ HILLSBOROUGH $____________ ROCKINGHAM $____________ LABOR Estimated Quantity Unit Unit Price Total II-L-1. Project Manager/Site Supervisor 200 Hour 0 II-L-2. Health and Safety Officer 300 Hour 0 II-L-3. Foreman 600 Hour 0 II-L-4. Engineer 100 Hour 0 II-L-5. Field Technician 1200 Hour 0 II-L-6. Equipment Operator 800 Hour 0 II-L-7. Driver 500 Hour 0 II-L-8. Laborer 1600 Hour 0 II-L-9. ICC Cert. Manager/Foreman 400 Hour 0 PERSONNEL PROTECTION CLOTHING AND EQUIPMENT II-P-1. Add-on cost for Level C PPE (garment, gloves, disposable boots, mask, air purifying cartages and tape) 150 Half-day 0 II-P-2. Add-on cost for Level B PPE (garment, gloves, disposable boots, mask, SCBA’s and tape) 40 Half-day 0 II-P-3. Add-on cost for Level A PPE (garment, gloves, disposable boots, mask, SCBA and tape) 24 Half-day 0 EQUIPMENT II-E-1. Vacuum Truck 60 Half Day 0 II-E-2. Roll-Off truck 50 Half Day 0 II-E-4. Transport Tractor/ Tankers 120 Half Day 0 II-E-5. Flat Bed Tractor/Trailers 50 Half Day 0 II-E-6. Vactor 4500 CFM 50 Half Day 0 II-E-7. Motorized Response Boat 40 Half Day 0 II-E-8. Emergency Response Van and/or Trailer 50 Half Day 0 II-E-9. Crew Cab and Utility Trucks 80 Half Day 0 IIE-10. Standard Pickup Truck 160 Half Day 0 II-E-11. Dump Truck, 12 Wheel 20 Half Day 0 II-E-12. Dump Tractor / Trailer 100 Half Day 0 II-E-13. Backhoe, 0.5 c.y. bucket and 16 feet dig depth 50 Half Day 0 II-E-14. Excavator , 150 type 160 Half Day 0 II-E-16. Skidsteer, “Bobcat” or equal 150 Half Day 0 II-E-17. Loader, 1.5 c.y. bucket 10 Half Day 0 II-E-18. Bobcat Attachments 4 Half Day 0 II-E-19. Excavator Attachments 2 Half Day 0 II-E-20. Box Truck or Rack Truck 50 Half Day 0 II-E-21. Roll-Off Liner 20 EACH 0 II-E-22. Roll-Off Container, 20 c.y. 40 Half Day 0 II-E-23. Roll-Off Container 30 c.y. 16 Half Day 0 II-E-24. Skimmer – Duckbill, Slurp, Swiss 20 Half Day 0 II-E-25. Water Blaster – 10,000 psi. 8 Half Day 0 II-E-26. Hosty Steam Cleaner – 800 psi 16 Half Day 0 II-E-27. Compressor –125/175 20 Half 0 II-E-29. Pump, diaphragm 2 inch or 3 inch discharge 16 Half Day 0 II-E-30. Pump Centrif, 1-1/2 inch or 3 inch disch 16 Half Day 0 II-E-31. Electric Air Fan, Explosion Proof 40 Half Day 0 II-E-32. Compactor, Walk Behind 6 Half Day 0 II-E-34. Drum Vacuum Pump 40 Half Day 0 II-E-35. Drop-Off and Pick-Up Charge, 20 Incident 0 any size container 0 II-E-36. Generator, up to 10K watt 16 Half Day 0 II-E-37. Jackhammer, Bits and Hose 10 Half Day 0 FIELD MONITORING EQUIPMENT II-ME-1. Photoionization Detector 100 Day 0 II-ME-2. Metal Detector 40 Day 0 II-ME-3. Oil/Water Interface Tape 10 Day 0 II-ME-4. Oxygen/Explosimeter 50 Day 0 SAMPLING EQUIPMENT II-S-1. Sampling Pumps 20 Day 0 II-S-4. 40 ml Vials 10 Case 0 II-S-5. Well Bailers, Thieves Reusable 20 Each 0 II-S-6. Well Bailers, Thieves Disposable 20 Each 0 CONTAINMENT AND CLEANUP MATERIALS II-C-1. Drums, Type 17E, closed head 12 Each 0 II-C-2. Drums Type 17H, open head 250 Each 0 II-C-3. Drums, 25M, poly, 55 gallon 50 Each 0 II-C-4. Drums, 17E, poly, 30 gallon 10 Each 0 II-C-5. Drums, 17H, poly, 30 gallon 25 Each 0 II-C-6 Overpack Drums, steel, 85 gal 50 Each 0 II-C-7 Overpack Drums, Poly-Bondico, 90 gal 10 Each 0 II-C-8. Sorbent Pads, 18” x 18”x 3/16”, 200/bale 100 Bale 0 II-C-9. Sorbent Booms 10’ x 8” diameter, 4/bale 75 Bale 0 II-C-10. Oil Snares, 30 units/box 50 Box 0 II-C-11 Speedi-dry, 50lb. bag 75 Bag 0 II-C-12 Polyethylene bags, 38” x 60” 4 mil, 50/case 10 Case 0 II-C-13 Oil Spill Containment” or 18” 2,000 Feet 0 II-C-14. Oil Spill Containment Boom, 36” Curtain 1,000 Feet 0 CONTAMINATED MATERIAL DISPOSAL II-D-1. Transportation and disposal of gasoline and water 100,000 Gallon 0 II-D-2. Transportation and disposal of light oils and water, #2 and #4 20,000 Gallon 0 II-D-3. Transportation and disposal of heavy oils and water, #6 5,000 Gallon 0 II-D-4a Transportations and disposal of solids contaminated with gasoline (quantities of 3 drums or less) 100 Drums 0 II-D-4b. Transportations and disposal of solids contaminated with gasoline (quantities of equivalent 4 drums or more) 200 Tons 0 II-D-4c. Transportation and disposal of solids contaminated with gasoline (bulk quantities, over 15 tons) 8,000 Tons 0 II-D-5 Transportation and Disposal of Waste Gasoline 8000 Gallons 0 II-D-6 Transportation and Disposal of Waste Fuel Oil 12000 Gallons 0 II-D-7a. Transportation and disposal of solids contaminated w/ oil (quantities of 3 drums or less) 200 Drums 0 II-D-7b. Transportation and disposal of solids contaminated w/oil (quantities of equivalent to 4 drums or more, in tote boxes) 250 Tons 0 II-D-7c. Transportation and disposal of solids contaminated w/oil (bulk quantities, over 15 tons) 10,000 Tons 0 ANALYTICAL LABORATORY SERVICES II-A-3. Volatile Organic Compounds plus MtBE, for gasoline in Soil by EPA Method 8260B* 120 Each 0 * NHDES Full List for VOCs II-A-4. Volatile Organic Compounds plus MtBE, for gasoline in Water by EPA Method 8260B* 40 Each 0 * NHDES Full List for VOCs II-A-5. Total petroleum hydrocarbons for gasoline in soil by GRO-Purge and Trap-GC/Fid Method 8015 60 Each 0 II-A-10. Polyaromatic hydro-carbons for fuel/diesel oil in soil by EPA Method 8270 or Method 8310 80 Each 0 II-A-11. Total petroleum hydrocarbons for fuel/diesel oil in soil DRO by Extraction GC/FID Method 8015 80 Each 0 II-A-12. Polyaromatic hydrocarbons, for waste oil in soil, by EPA Method 8310 or 8270 20 Each 0 II-A-13. Polyaromatic hydrocarbons, for waste oil in water, by EPA Method 8310 or 8270 20 Each 0 II-A-14. Total petroleum hydrocarbons for waste oil in soil by DRO Extraction GC/FID Method 8015 50 Each 0 II-A-15. Metals analysis (arsenic, cadmium, chromium, lead and mercury for waste oil in soil by EPA Method 6010 25 Each 0 II-A-17. Volatile Organic Compounds in Air by EPA Method TO-14 10 Each 0 II-A-18. Add-on for 24-hour turn-around on analytical samples 100 Each 0 REPORTING II-R-1. Incidence Response Reports 25 Each 0 II-R-2. Engineer's Structural Report 10 Each 0 II-R-3. Electronic submittals 50 Each 0 Sheet2 Sheet3