Baffled Range Closure Plate

1 Department of Military Affairs and Veteran Services Bid Transmittal Letter Date: ___________________ Company Name: _______________________________ Address: ________________________________________________ ________________________________________________ ________________________________________________ To: Point of Contact: Ryan Godin Telephone: (603)-227-5094 Email: Ryan.Godin@nh.gov RE: Bid Invitation Name: Baffled Range Closure Plate Bid Number: RFB DMAVS 2021-02 Bid Posted Date (on or by): 03/11/21 Bid Closing Date and Time: 04/08/21 @ 10:00 AM (EST) Dear Vendors: [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 # RFB DMAVS 2021-02 for Baffled Range Closure Plate 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; 2 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) 3 REQUEST FOR BID (RFB) FOR BAFFLED RANGE CLOSURE PLATE THE DEPARTMENT OF MILTARY AFFAIRS AND VETERAN SERVICES PURPOSE: The purpose of this bid invitation is to establish a contract for a Baffled Range Closure Plate to the Department of Military Affairs and Veteran Services 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. 1. INSTRUCTIONS TO VENDOR: Read the entire bid invitation prior to filling it out. Complete the Bid Form 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 pages one and two of the bid invitation. 2. DEFINITIONS: a. The term "Consultant" means the registered Professional Architect or Engineer engaged to develop Plans and Specifications for the Project. b. The term "Department" means The Department of Military Affairs and Veterans Services acting directly or through an authorized representative. c. The term "Contractor" means the party of the second part to the Contract, acting directly or through an authorized lawful agent or employee. The Specifications may be divided into separate headings or divisions to cover various trades in the work, and where trade Contractors are referred to, it has been for convenience only. d. The terms "Plans" and "Drawings" shall be synonymous. e. The term "provide" means to furnish and install a product, materials, systems, and/or equipment, complete in place, fully tested and approved. f. Wherever the term "Architect" is used throughout the Technical Specifications, it shall be understood to mean the "Consultant". g. The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals, and disapprovals required to obtain compliance with Contract requirements. Any written notice by either party to the Contract shall be sufficiently given if delivered to or at the last known business address of the person, firm, or corporation constituting the other party to the Contract, or to his, their, or its duly authorized agent, representative, or officer, or when sent by registered mail to such last known business address. 3. 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”. Bids must be submitted in a sealed envelope. Interested parties may submit a bid to the Department of Military Affairs and Veteran Services by email to Ryan.M.Godin@DMAVS.nh.gov. All bids shall be clearly marked with bid number, date due and Agency contact’s name. 4 a. The Bidder is required to bid on all items called for in the proposal, which may include Alternates. For Alternate pricing the Bidder shall set forth in the space provided the amount to be added to or deducted from the Base Bid. If an alternate price called for does not involve a change in price, the Bidder shall so indicate by writing the words "no change" in the space provided. b. The Bidder shall specify a unit price, both in words and figures, for each item called for in this Proposal. All of the words and figures shall be in ink or typed. If a unit price or a lump sum already entered by the Bidder on the Bid Form is to be altered, it should be crossed out with ink, the new unit price or lump sum bid entered above or below it and initialed by the Bidder: also in ink. In case of discrepancy between the prices written in words and those written in figures, the prices written in words shall govern. Bids containing any conditions, omissions, unexplained erasures or alterations, or items not called for in the Proposal or irregularities of any kind may be rejected by the Department as being incomplete. c. Bids may be submitted electronically to the Procurement Technician. If the selected bidder submits electronically, the original documents will be required to be submitted to the department. i. In the event of discrepancies between the electronic and physical submission, the physical submission shall control. d. Each bid must contain the full business address of the Bidder and be signed with a legally defining signature. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership named by one of the members of the partnership or by an authorized representative, followed by the designation of the person signing. Bids by corporation must be signed with the legal name of the corporation, followed by the name of the State of incorporation and by the signature and designation of the president, secretary or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature, the word "President," "Secretary," "Agent" or other designation, without disclosing his principal, may be held to the bid of the individual signing. When requested by the Department, satisfactory evidence of the authority of the officer signing on behalf of the corporation shall be furnished. e. Proposals submitted by U.S. Mail, Delivery Service or In Person must be addressed to: State of New Hampshire Department of Military Affairs and Veterans Services c/o State Business Office f. Proposals submitted electronically should be emailed to: Ryan.M.Godin@DMAVS.nh.gov If you experience difficulties emailing your Bid, or you wish to verify that your bid response has been received, Please Call (603) 227-5094. 4. 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 Department of Military Affairs and Veteran Services by the time and date as specified in the timeline below. Questions shall not be submitted to anyone other than the Department of Military Affairs and Veteran Services representative identified below. Bidders that submit questions verbally or in writing to any other State entity, mailto:Ryan.M.Godin@DMAVS.nh.gov 5 NH National Guard entity, State personnel or NH National Guard personnel shall be found in violation of this part and may be found non-compliant. Questions shall be submitted by E-mail to Andrew Nash, Engineering Technician at the following address: Andrew.nash1.nfg@mail.mil Vendor shall include complete contact information including the vendor’s name, contact name, telephone number, fax number and email address. Submissions shall clearly identify the bid Number, the Vendor’s name and address and the name of the person submitting the question. 5. WITHDRAWL OF BIDS: Bids may be withdrawn upon written request received from Bidders prior to the time fixed for opening. Negligence on the part of the Bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. 6. BID DUE DATE: All bid submissions shall be received at the Department of Military Affairs and Veteran Services no later than the date and time shown on the transmittal letter of this RFB. 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 the Department of Military Affairs and Veteran Services may be grounds for disqualification. 7. SUBSTITUTIONS: Where the bidding documents stipulate particular products, substitution requests will ONLY be considered before receipt of bids. 8. ADDENDA: In the event it becomes necessary to add to or revise any part of this RFB prior to the scheduled submittal date, the Department of Military Affairs and Veteran Services shall post on its web site any Addenda. Before 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/. 9. TIMELINE: The timeline below is provided as a general guideline and is subject to change. Unless stated otherwise, consider the dates on the following page “no later than” dates. mailto:Andrew.nash1.nfg@mail.mil 6 03/11/2021 Bid Solicitation distributed by 4:00 PM EST 03/18/2021 Non-mandatory Walk Thru, 8:00 AM 03/25/2021 Last day for questions, clarifications, and/or requested changes to bid, 10:00 AM 04/01//2021 Agency posts responses to Vendors’ questions, 10:00 AM 04/08/2021 10:00 AM (EST) Bid Closing 10. 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 RFB 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 in the bid 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. 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. 11. CONTRACT TERM: The term of the contract shall commence upon approval of the Governor and Executive Council, whichever is later, through May 31, 2022. 7 12. CONTRACT SECURITY: The successful Bidder, at the time of the execution of the Contract, must deposit with the Department Surety in the sum equal to one hundred percent (100%) of the amount of the Contract as required by RSA 447:16. The form of Bond shall be that provided for by the Department and the Surety shall be acceptable to the Department. The Contract Bond must be written by a Company licensed to do business in New Hampshire at the time the policy is issued. In addition, the Company issuing the bond shall be listed on the current list of "Surety Companies Acceptable on Federal Bonds" as published by the Treasury, Financial Management Services, and Circular Number 570. 13. CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE: The contractor shall deliver to the Department at the time of execution of the Contract, certificates of all insurance required hereunder and such insurance shall be reviewed prior to approval by the Attorney General. The certificates of insurance shall contain the description of the Project, and shall state that the companies issuing insurance will mail to the Department ten (10) days notice of cancellation, alteration of material change of any listed policies. The Contractor shall keep in force the insurance required herein for the period of the Contract. At the request of the Department, the Contractor shall promptly make available a copy of any and all listed insurance policies. The required insurance must be written by a Company licensed to do business in the State of New Hampshire at the time the policy is issued. In addition, the company must have a rating of no less than B+ based on the current A.M. best rating guide. The Contractor shall require each Subcontractor employed on the Project to maintain the coverage listed below unless the Contractor's insurance covers activities of the Subcontractor on the Project. No operations under this Contract shall commence until certificates of insurance attesting to the below listed minimum requirements have been filed with the Department, approved by the Attorney General, and the Contract approved by the Governor and Council. a. Workers’ Compensation in accordance with the State of New Hampshire statutory requirements. i. Employer’s Liability: $100,000 Each Accident $500,000 Disease-policy limits; $100,000 Disease- each employee b. Commercial General Liability; i. Occurrence Form, to include Contractual Liability (see Indemnification Clause), Explosion, Collapse, and Underground coverages. Limits of Liability: $1,000,000 Each Occurrence Bodily Injury & Property Damage; $2,000,000 General Aggregate – Include Per Project Aggregate Endorsement $2,000,000 Products/Completed Operations Aggregate OR c. Commercial General Liability Form; to include Premises/Operations, Independent Contractors, Products/Completed Operations, Personal Injury, Contractual Liability (see Indemnification Clause 11). Collapse and Underground, Medical Payment coverage’s (Broad Form Comprehensive GL Endorsement) Limits of Liability: 8 $1,000,000 Combined Single Limit of Liability for Bodily Injury & Property Damage d. NOTE: If blasting and/or demolition are required by the Contract, the Contractor or subcontractor shall obtain the respective coverage and shall furnish to the Department a Certificate of Insurance evidencing the required coverages prior to commencement of any operations involving blasting and/or demolition. e. Owner’s Protective Liability coverage for the benefit of the Department of Military Affairs and Veteran’s Services. Limits of Liability: $1,000,000 Combined $1,000,000 Aggregate f. Commercial Automobile Liability covering all motor vehicles including owned, hired, borrowed, and non-owned vehicles. Limits of Liability: $1,000,000 Combined Single Limit for Bodily Injury & Property Damage. g. Commercial Umbrella Liability Limits of Liability: $1,000,000 Each occurrence $1,000,000 Aggregate h. Builder's Risk Insurance (Fire and Extended Coverage): The Contractor shall insure the work included in the Contract on an "All Risk" basis, on one hundred percent (100%) completed value basis of the contract. Builder's Risk coverage shall include materials located on-site, in-transit, and at any temporary site. The policy by its own terms or by endorsement shall specifically permit partial or beneficiary occupancy prior to completion or acceptance of the entire work. The policies shall be in the names of the State Agency and the Contractor. The policies shall provide for the inclusion of the names of all other Contractors, Subcontractors, and others employed on the premises as insureds. The policies shall stipulate that the insurance companies shall have no right of subrogation against any Contractors. Subcontractors or other parties employed on the premises. i. Indemnification: The Contractor shall indemnify, defend, and save harmless the State of New Hampshire and its agents and employees from and against any and all claims, liabilities, suits or penalties arising out of (or which may be claimed to arise out of) acts or omissions of the Contractor or-subcontractors in the performance of work covered by the contract. This covenant shall survive the termination of the contract. 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 by the State. 14. CONTRACT AWARD: The award shall be made to the Vendor(s) meeting the criteria established in this RFB and providing the lowest total bid on the bid form. The State reserves the right to reject any or all bids or any part thereof and add/delete items/locations to the contract. All award(s) 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. 9 15. NON- COMMITMENT: Notwithstanding any other provision of this RFB, this RFB does not commit the Agency to award a contract. The Agency reserves the right, at its sole discretion, to reject any and all Proposals, or any portions thereof, at any time; to cancel this RFB; and to solicit new Bids under a new acquisition process. Funds to support the anticipated contract are provided by the Federal Government and administered under an existing Federal-State Agreement. Under the Agreement, the State of New Hampshire – Department of Military Affairs and Veterans Services provides these services and the Federal Government reimburses the State for the costs related to the services at the rate of 100%. In the event that Federal Funds are not available for this contract, the contract will not be awarded. 16. NON-EXCLUSIVE CONTRACT: Any resulting Contract from this RFB will be a non-exclusive Contract. The State reserves the right, at its discretion, to retain other Contractors to provide any of the Services or Deliverables identified under this Bid or make an award by item, part or portion of an item, group of items, or total Proposal. 17. NOTIFICATION AND AWARD OF CONTRACT(S): On the closing date for bids, the Department will hold a public bid opening. For Vendors wishing to attend the public bid opening, the names of the vendors submitting responses and pricing shall be made public. Bid results shall not be given by telephone. 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 the State of New Hampshire Purchase and Property website. 18. 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. 19. 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 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. Information submitted in response to this RFB is subject to public disclosure To the extent consistent with under 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), after the award of a contract by G&C. At the time of closing date for bid responses, the Department will hold a public bid opening at which it shall disclose the name of the bidders which submitted timely bids and the prices offered. Notwithstanding the Right-to-Know law, no information concerning the contracting process, including, but not limited to information related to bids, communications between the parties or contract negotiations, shall be available until a contract is approved by G&C, or, if the contract does not require G&C approval, until the contract has been actually awarded., the State shall, after final negotiations with the selected vendor are complete, attempt to maintain the confidentiality of 10 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. Notwithstanding a Vendor’s designations, the State is obligated under the Right-to-Know law to conduct an independent analysis of the confidentiality of the information submitted in a bid proposal. If a request is made to the State by any person or entity to view or receive copies of any portion of the proposal, the State shall first assess what information it is obligated to release. The State will then notify you that a request has been made, indicate what, if any, information the State has assessed is confidential and will not be released, and specify the planned release date of the remaining portions of the proposal. To halt the release of information by the State, a Vendor must initiate and provide to the State, prior to the date specified in the notice, a court action in the Superior Court of the State of New Hampshire, at its sole expense, seeking to enjoin the release of the requested information. 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. By submitting a proposal, Vendors acknowledge and agree that: 11 • The State may disclose any and all portions of the proposal or related materials which are not marked as confidential and/or which have not been specifically explained in the letter to the person identified as the point of contact for this RFP; • The State is not obligated to comply with a Vendor’s designations regarding confidentiality and must conduct an independent analysis to assess the confidentiality of the information submitted in your proposal; and • The State may, unless otherwise prohibited by court order, release the information on the date specified in the notice described above without any liability to a Vendor. Electronic Posting of Resulting Contract RSA 91-A obligates disclosure of contracts resulting from responses to RFBs. As such, the Secretary of State provides to the public any document submitted to G&C for approval, and posts those documents, including the contract, on its website. Further, RSA 9-F:1 requires that contracts stemming from RFBs be posted online. By submitting a bid, Vendors acknowledge and agree that, in accordance with the above mentioned statutes and policies, (and regardless of whether any specific request is made to view any document relating to this RFB), any contract resulting from this RFB that is submitted to G&C for approval will be made accessible to the public online via the State’s website. 20. 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 State of New Hampshire as a vendor. 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: http://sos.nh.gov/Corp_Div.aspx • 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. 12 • CERTIFICATE OF INSURANCE: Prior to being awarded a contract the Vendor shall be required to submit proof of insurance in accordance with the outlined coverages in 12 CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE. 21. 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 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 The selected contractor is to obtain and pay for all construction licenses, permits, and fees as may be required by law for construction of State’s facility, and pay for all fees and charges, and use of the property other than the site of the work for storage of materials or other purposes. The selected Contractor is to pay all applicable Federal, State, and Local sales and other taxes, except taxes, and assessments on the real property comprising the site of the Project. 22. 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. 23. PAYMENT: Payment method ACH. Payments shall be made via ACH 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 13 24. INVOICING: Invoices shall be submitted to the corresponding State agency in accordance with the Exhibit C Method of Payment. 25. 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. 26. 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 these bid invitations are advertised on our website at: https://das.nh.gov/Purchasing/vendorresources.aspx. It is a prospective Vendor’s responsibility to access our 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 Department of Military Affairs and Veteran Services with the bid response. In preparation of a bid response, the prospective Vendor shall: • Provide pricing information as indicated in the “Offer” section; and 14 • 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. 27. 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 (witnessed by a Notary Public or Justice of the Peace) Section 1.12 Name & Title of Contractor Signatory (if Vendor is not a sole proprietor) Section 1.13 Acknowledgement (completed or verified by the Notary Public or Justice of the Peace) • 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. 28. SPECIFICATIONS: Complete specifications required are detailed in the Exhibit B-SCOPE OF SERVICES, Exhibit D- PROJECT SPECIFICATIONS, and Exhibit E- PROJECT DRAWINGS sections of this bid invitation. In responding to the bid invitation, the prospective Vendor shall address all requirements for information as outlined herein. 29. SITE VISITATION: Bidders will ONLY be allowed to visit the site at the published date and time in the RFB. These are active military installations and unscheduled site visits are not authorized. Whether or not a contractor attends a site visit, their bid is a statement that they have ascertained pertinent local conditions; such as location, accessibility and general character of the site or building, the character and extent of existing work within or adjacent to the site, and any other work being performed thereon at the time of the submission of his bid. A non-mandatory bidder’s conference (walk-through) will be held at 8:00 a.m. on 3/18/2021. 15 30. WARRANTY REQUIREMENTS: The successful Vendor shall be required to provide warranties on all equipment provided by the Vendor for a period of not less than one (1) year or the manufacturer’s standard warranty period, whichever is greater, commencing on the date that the equipment is received, inspected, and accepted by the State of New Hampshire. The warranty shall cover 100% of repair or replacement costs, including all parts, shipping, labor, travel, lodging, and expenses. 31. 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. 32. OFFER: Vendor hereby offers to perform the services to the State of New Hampshire as specified at the prices outlined on the following BID FORM, in complete accordance with the general and detailed specifications included herewith. 16 STATE OF NEW HAMPSHIRE DEPARTMENT OF MILITARY AFFAIRS AND VETERANS SERVICES BID FORM BID OPENING Date: April 7, 2021 Time: 2:00 p.m. Subject: Baffled Range Closure Plate Center Strafford Training Site, Route 126 Strafford, New Hampshire Contract Price Numerical Bid $_____________________ Verbal Bid ______________________ Allowance for unforeseen conditions and/or Owner initiated Changes $_____40,000.00________ Forty Thousand Dollars__ TOTAL BID AMOUNT Numerical Bid $____________________ Verbal Bid _____________________ Deduct alternate #1 Numerical Bid $_____________________ Remove new acoustical unit work at Verbal Bid ______________________ baffles in range #2 Deduct alternate #2 Numerical Bid $_____________________ Remove work for new target shed including Verbal Bid ______________________ concrete pad and site work Deduct Alternate #3 Numerical Bid $_____________________ Remove range noise assessment / study Verbal Bid ______________________ Add Alternate #1 Numerical Bid $_____________________ Add new acoustical units at sidewalls in range #2 Verbal Bid ______________________ Add Alternate #2 Numerical Bid $_____________________ Add new acoustical units at baffles in range #1 Verbal Bid ______________________ Add alternate #3 Numerical Bid $_____________________ Add acoustical units at sidewalls in range #1 Verbal Bid ______________________ 17 33. 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 34. PROJECT LOCATION(S): Center Strafford Training Site, Route 126, Strafford, New Hampshire 35. ATTACHMENTS: The following attachments are an integral part of this bid invitation: Attachment 1: Sample P-37 Form Exhibit A- Special Provisions Exhibit B- Scope of Services Exhibit B Attachment 1- Project Specifications Exhibit B Attachment 2- Project Drawings Exhibit C- Method of Payment Note: To be considered, bid shall be signed and notarized on front cover sheet in the space provided. 18 ATTACHMENT 1 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. 19 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 any dispute concerning the interpretation of this Agreement, the Contracting Officer’s decision shall be final for the State. 20 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 out of (or which 21 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. AGREEMENT Page 1 of 7 Initials: __________ Date: __________ STATE OF NEW HAMPSHIRE DEPARTMENT OF MILITARY AFFAIRS AND VETERANS SERVICES SECURITY SERVICES – STATE MILITARY RESERVATION EXHIBIT A, SPECIAL PROVISIONS SUBJECT: BAFFLED RANGE CLOSURE PLATE The Contract Documents consist of the State of New Hampshire Form P-37, Exhibit A- Special Provisions, Exhibit B- Scope of Services, Exhibit B Attachment 1- Specifications, Exhibit B Attachment 2- Drawings, Exhibit C- Method of Payment, all Addenda issued prior to execution of the Contract; Bonds where required; insurance certificates: and subsequently thereto, Change Orders issued in accordance with the General Conditions. The following special provisions modify, change, delete or add to the General Provisions of the agreement. Where any part of the General Provisions is modified or voided by these Special Provisions, the unaltered provisions for that part shall remain in effect. 1. This agreement is funded, wholly or in part, by monies of the Federal Government of the United States; therefore, all parts and provisions of this agreement that refer to contract which are funded in any part by the federal government are applicable to this agreement. 2. The term “Contracting Officer” as used in this agreement shall mean the State’s Contracting Officer as is specified at item #1.9 of the General Provisions of this agreement or his/her authorized representative. No individual shall be an authorized representative of the Contracting Officer unless he or she is so appointed in writing by the Contracting Officer, in which case such written appointment shall be provided to the Contractor. 3. The Contractor acknowledges and agrees that this Agreement was entered into following the coronavirus disease 2019 (COVID-19) outbreak. The Contractor agrees that to the extent the COVID-19 outbreak, or any federal, state or local orders, regulations, rules, restrictions, or emergency declarations relating to COVID-19, disrupt, delay, or otherwise impact the Scope of Services to be performed by the Contractor as set forth in EXHIBIT B of this Agreement, any such disruption, delay, or other impact was foreseeable at the time this Agreement was entered into by the Parties and does not excuse the Contractor’s performance under this Agreement. The Contractor agrees that any such impact, including any disruption to supply chains, workforce reductions, delays or interruptions in performance, or other effects on businesses, are not the fault of the State and the Contractor may not seek damages against the State for any such impacts. If the Contractor experiences or anticipates any such COVID-19-related impacts to this Agreement, the Contractor shall immediately notify the Contracting Officer. In the event of any COVID-19-related impact or anticipated impact to this Agreement, the Contracting Officer shall have the right to temporarily modify, substitute, or decrease the Services, without the approval of Page 2 of 7 Initials: __________ Date: __________ the Governor and Executive Council, upon giving written notice to the Contractor. The State’s right to modify includes, but is not limited to the right to modify service priorities, including how and when Services are delivered, and expenditure requirements under this Agreement so as to achieve compliance therewith, provided such modifications are within the Scope of Services and cost limitations of this Agreement. By exercising any of the rights described within this subsection, the State does not waive any of its right under this Agreement. In the event that a modification by the State under this subsection would result in a reduction of Services that cannot be supplemented during the remaining term of this Agreement with either replacement or substituted services of substantially similar value, the Parties shall submit an amendment to this Agreement with a commensurate reduction in the price. In order to facilitate reconciliation of services performed under this Agreement, the Contractor shall submit weekly reports detailing the following for any service not fully performed pursuant to the terms of the Agreement: 1) The services required to be performed under the terms of this Agreement as written; 2) The services actually performed; 3) Any replacement or substituted services performed with reference to the associated unperformed contracted services. 4. The Contractor shall be responsible to correct, at his own cost and expense, defective work, or damaged property when defects and damage are caused by the Contractor’s employees, equipment or supplies. The Contracting Officer may withhold all, or part of, payments due to the Contractor until defective work or damaged property caused by the Contractor, his employees, equipment or materials, is placed in satisfactory condition 5. General Provisions are amended as follows: a. Provision 7. PERSONNEL sub-part 7.2: after “who is a State employee or official,” add the following: “or who is a National Guardsperson or who is a federal employee of the National Guard,” b. Provision 10. DATA: ACCESS; CONFIDENTIALITY; PRESERVATION: Add the following sub-part: 10.4 Between the Effective Date and three (3) years after the Completion Date, as often as the State or Federal Government shall demand, the Contractor shall make available for audit purposes, all records that pertain to this Agreement. Upon demand the contractor shall provide copies of such documents which may include invoices, payrolls, records of personnel, and other information relating to all matters covered in this agreement. Page 3 of 7 Initials: __________ Date: __________ c. Provision 14. INSURANCE AND BOND sub-part 14.1.1: after excess; remove the word and, and add the following: “$2,000,000 Products/Completed Operations Aggregate” d. Provision 14. INSURANCE AND BOND ADD the following sub-part: 14.1.3 Insurance against all claims arising from the Contractor’s use of automobiles in the conduct of this agreement, in amounts of not less than $250,000.00 per person bodily injury liability, $500,000.00 per occurrence bodily injury liability and $50,000.00 property damage liability. e. Provision 19. CONFLICTING TERMS: Add the following sub-part: 19.1 Should the Contract Documents disagree in themselves or with each other, the Contractor shall provide the better quality or greater quantity of work and or materials, unless specifically otherwise directed by written Addendum to the Contract 6. ADD the following as Special Provisions to the extent not inconsistent with the express terms of this Agreement, the provisions of 32 CFR Part 33, Uniform Administrative Requirements for Grants and Cooperative Agreements, DoD Grant and Agreement Regulations (DoDGARS) (DoD 3210.6-R) as amended, Title 2 Code of Federal Regulations (CFR) Part 225, and NGR 5-1, are hereby incorporated into this MCA by reference as if fully set forth herein, shall govern this Agreement: Nondiscrimination. The Grantee covenants and agrees that no person shall be subject to discrimination or denied benefits in connection with the State’s performance under the MCA. Accordingly, and to the extent applicable, the Grantee covenants and agrees to comply with the following national policies prohibiting discrimination: a. On the basis of race, color or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.), as implemented by DoD regulations at 32 CFR part 195. b. On the basis of race, color or national origin, in Executive Order 11246 as implemented by Department of Labor regulations at 41 CFR part 60. c. On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et seq.), as implemented by DoD regulations at 32 CFR part 196. Page 4 of 7 Initials: __________ Date: __________ d. On the basis of age, in The Age Discrimination Act of 1975 (42 U.S.C. Section 6101 et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR part 90. e. On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR part 56. Lobbying. a. The state covenants and agrees that it will not expend any funds appropriated by Congress to pay any person for influencing or attempting to influence an officer or employee of any agency, or a Member of Congress in connection with any of the following covered federal actions. The awarding of any federal contract; the making of any federal grant; the making of any federal loan; the entering into of any CA; and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or Cooperative Agreement. b. The Final Rule, New Restrictions on Lobbying, issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 28) to implement the provisions of Section 319 of Public Law 101-121 (31 U.S.C. Section 1352) is incorporated by reference and the state agrees to comply with all the provisions thereof, including any amendments to the Interim Final Rule that may hereafter be issued. Drug-Free work Place. The Grantee covenants and agrees to comply with the requirements regarding drug-free workplace requirements in of 32 CFR Part 26, which implements section 5151-5160 of the Drug- Free Workplace act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq.). Environmental Protection. a. The Grantee covenants and agrees that its performance under this Agreement shall comply with: (1) The requirements of Section 114 of the Clean Air Act (42 U.S.C. Section 7414); (2) Section 308 of the Federal Water Pollution Control Act (33 U.S.C. Section 1318), that relates generally to inspection, monitoring, entry reports, and information, and with all regulations and guidelines issued there under; (3) The Resources Conservation and Recovery Act (RCRA); (4) The Comprehensive Environmental Response, Compensation and Liabilities Act (CERCLA); (5) The National Environmental Policy Act (NEPA); (6) The Solid Waste Disposal Act Page 5 of 7 Initials: __________ Date: __________ (7) The applicable provisions of the Clean Air Act (42 U.S.C. 7401, et seq.) and Clean Water Act (33 U.S.C. 1251, et seq.), as implemented by Executive Order 11738 and Environmental Protection Agency (EPA) rules at Subpart J of 40 CFR part 32; (8) To identify any impact this award may have on the quality of the human environment and provide help as needed to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321, et seq.) and any applicable federal, state or local environmental regulation. (9) The applicable provision of the Clean Air Act (42 U.S.C. § 7401, et seq.) and Clean Water Act (33 USC 1251, et seq.), as implemented by Executive Order 11738 [3 CFR, 1971-1975 comp., p.799]. b. In accordance with the EPA rules, the parties further agree that the Grantee shall also identify to the awarding agency (NGB) any impact this award may have on: (1) The quality of the human environment, and provide help the agency may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C 4321, et seq.) and to prepare Environment Impact Statements or other required environmental documentation. In such cases, the recipient agrees to take no action that will have an adverse environmental impact (e.g., physical disturbance of a site such as breaking of ground) until the agency provides written notification of compliance with the environmental impact analysis process. (2) Flood-prone areas, and provide help the agency may need to comply with the National Flood Insurance Act of 1968 and Flood Disaster Protection Act of 1973 (42 U.S.C. 4001, et seq.), which require flood insurance, when available, for federally assisted construction or acquisition in flood-prone areas. (3) Coastal zones, and provide help the agency may need to comply with the Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.), concerning protection of U.S. coastal resources. (4) Coastal barriers, and provide help the agency may need to comply with the Coastal Barriers Resource Act (16 U.S.C. 3501 et seq.), concerning preservation of barrier resources. (5) Any existing or proposed component of the National Wild and Scenic Rivers System, and provide help the agency may need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.). (6) Underground sources of drinking water in areas that have an aquifer that is the sole or principal drinking water source, and provide help the agency may need to comply with the Safe Drinking Water Act (42 U.S.C 300H-3). Use of United States Flag Carriers. a. The state covenants and agrees that travel supported by U.S. Government funds under this agreement shall use U.S.-flag air carriers (air carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) and the inter-operative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942. Page 6 of 7 Initials: __________ Date: __________ b. The state agrees that it will comply with the Cargo Preference Act of 1954 (46 U.S.C. 1241), as implemented by Department of Transportation regulation at 46 CFR 381.7, and 46 CFR 381.7(b). Debarment and Suspension. Non-federal entities and contractors are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12698, 2 CFR part 180. These regulations restrict awards, sub awards, and contracts with certain parties that are debarred, suspended, or otherwise excluded for or ineligible for participation in Federal assistance programs or activities. The State complies with the DOD implementation of 2 CFR part 180 (at 2 CFR Part 1125) by checking the Excluded Parties List System (EPLS) at www.sam.gov to verify contractor eligibility to receive contracts and subcontracts resulting from the Federal Agreement which funds this contract. The state shall not solicit offers from, nor award contracts to contractors listed in EPLS. This verification shall be documented in the State and subrecipient contract files, and shall be subject to audit by the grantor and Federal/State audit agencies. Buy American Act. The state covenants and agrees that it will not expend any funds appropriated by Congress without complying with The Buy American Act (41 U.S.C. 10). The Buy American Act gives preference to domestic end products and domestic construction material. In addition, the Memorandum of Understanding between the United States of America and the European Economic Community (EEC) on Government Procurement, and the North American Free Trade Agreement (NAFTA), provide that EEC and NAFTA end products and construction materials are exempted from application of the Buy American Act. Uniform Relocation Assistance and real Property Acquisition Policies. The state covenants and agrees that it will comply with CFR 49 part 24, which implements the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq.) and provides for fair and equitable treatment of persons displaced by federally assisted programs or persons whose property is acquired as a result of such programs. Copeland “Anti-Kickback” Act. The state covenants and agrees that it will comply with the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874) as supplemented in Department of Labor regulations (29 CFR Part 3). As applied to this agreement, the Copeland “Anti-Kickback” Act makes it unlawful to induce, by force, intimidation, threat of procuring dismissal from employment, or otherwise, any person employed in the construction or repair of public buildings or public works, financed in whole or http://www.sam.gov/ Page 7 of 7 Initials: __________ Date: __________ in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. Contract Work Hours and Safety Standards Act. The state covenants and agrees that it will comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). As applied to this agreement, the Contract Work Hours and Safety Standards Act specifies that no laborer or mechanic doing any part of the work contemplated by this agreement shall be required or permitted to work more than 40 hours in any workweek unless paid for all additional hours at not less than 1.5 times the basic rate of pay. National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Public Law 115-232) The grantee covenants and agrees that it will not use “covered telecommunications equipment or services,” as that term is defined in Section 889 of the NDAA for FY 2019, as a substantial or essential component of any system or as critical technology as part of any system involved in the grantee’s performance of this contract. The grantee further covenants and agrees that it will neither contract, nor permit to be contracted or subcontracted any part of its performance under this contract to any entity that uses such covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system. Page 1 of 3 Initials: __________ Date: __________ STATE OF NEW HAMPSHIRE DEPARTMENT OF MILITARY AFFAIRS AND VETERANS SERVICES EXHIBIT C, P37 AGREEMENT THE CONTRACT PRICE, METHOD OF PAYMENT AND TERMS OF PAYMENT SUBJECT: BAFFLED RANGE CLOSURE PLATE Center Strafford Training Site, Route 126 Strafford, New Hampshire The Contract Price DEPARTMENT OF MILITARY AFFAIRS AND VETERANS SERVICES will pay the contractor a maximum total of $xxxxx.00. This amount shall not be exceeded without issuance of an amendment to this agreement and approval by the Governor and Executive Council of the State of New Hampshire. The undersigned, having carefully examined the specifications for the referenced services, hereby proposes to furnish all materials and to perform all work for the above-captioned project in strict accordance with said specifications for the following price amount. Contract price: $ XXXXXXX Allowance for unforeseen conditions And/or owner-initiated changes: $ 40,000 Total contract price: $ XXXXXXX Terms and Method of Payment 1. The Department will manifest payments to the Contractor each calendar month on the basis of duly certified and approved estimate of the work performed during the preceding period. In preparing estimates, the material delivered on the site and any preparatory work done may be taken into consideration. 2. At least ten (10) days before the end of the billing period, the Contractor shall submit to the Department an itemized Requisition for Payment, supported by such data substantiating the Contractor's right to payment as the Department may require. If payment is to be made on account of materials or equipment not incorporated in the work, but delivered and suitably Page 2 of 3 Initials: __________ Date: __________ stored at the site, such payment shall be conditional upon submission by the Contractor of bills of sale or such other procedure satisfactory to the Department to establish the State's title to such materials or equipment or otherwise protect the State's interest including applicable insurance. 3. Immediately upon receipt of the Department Approved Monthly Requisition for Payment, Contractor shall post same at the Contractor's Field Office or project site in a location where Subcontractors and Suppliers have clear access. 4. A five (5) percent retainage of the value of the work performed on each partial estimate will be deducted and retained by the Department until after completion of the entire Contract in an acceptable manner. The balance remaining after the specified percentage has been retained, less all previous payments, will be certified for payment on each partial estimate. 5. Within thirty (30) days after acceptance, the Department shall pay to the Contractor the amount of the Contract less all prior payments. All prior payments and estimates, including those relative to extra work, shall be subject to correction by this payment, which is throughout this Contract called the Final Payment. 6. Retainage will be released at Final Payment. a. After the Certificate of Substantial Completion has been issued, upon written application by the Contractor and with the approval of the Surety, the Department may release a portion of the retained amount. 7. Payment for Material on Hand: a. Partial payments are made for materials to be incorporated in the Work, provided the materials meet the requirements of the Contract and are delivered on, or in the vicinity of, the Project site and stored in acceptable places. Partial payments will not exceed 90 percent of the Contract unit price for the item or the amount supported by copies of paid invoices, freight bills, or other supporting documents required by the Department. The quantity paid will not exceed the corresponding quantity estimate in the Contract. No partial payment will be made on living or perishable materials until incorporated in the Work. b. When material payments exceed $100,000 or 10 percent (10%) of the total contract amount, whichever is less, notarized copies of paid invoices or copies of canceled checks for all such materials must be submitted to the Department within 45 days of the end date of the estimate on which the material allowance was paid. Failure to provide such documentation will result in the deduction of such material allowance from future estimates until documentation is provided. c. All material and work covered by partial payments made shall thereupon become the sole property of the Department, but this provision shall not be construed as Page 3 of 3 Initials: __________ Date: __________ relieving the Contractor of the sole responsibility of all materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the State to require the fulfillment of all the terms of the Contract. 8. Payment for Material not on hand: a. The Department will not pay for products and or materials that have not been delivered and stored properly on the construction site. 9. Release of Claims: a. Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall deliver a complete release of all claims arising under and by virtue of this Contract, including claims for all Subcontractors and suppliers of either materials or labor, plus a release of the Contract Bond and a statement that all Subcontractors and suppliers have been paid. The Department, may pay any and all such claims, in whole or in part, and deduct the amount or amounts so paid from any partial or final payment. 10. Final Payment: a. Application for Final Payment received from the Contractor will be processed for payment not less than 60 days after project acceptance and final completion unless accompanied by a release of the Contract Bond. This payment shall be the amount of the Contract, amended by approved change orders, less previous payments minus liquidated damages, additional penalties or holdbacks. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. 11. Acceptance of Final Payment Constitutes Release: a. The acceptance of the Final Payment by the Contractor shall be and shall operate as a release to the Contractor of all claims and of all liability to the Department for all things done or furnished in connection with this work. No payment, however, final or otherwise, shall operate to release the Contractor and its Sureties from any obligations under this Contract or the Contract Bond. Acceptance of Final Payment shall not impact any warrantees provided by the Contractor with respect to this project. Invoices will be submitted by the contractor to: DEPARTMENT OF MILITARY AFFAIRS AND VETERANS SERVICES BA Office 4 Pembroke Road, Bldg. C Concord, NH 03301-5652 The Contract Price STATE OF NEW HAMPSHIRE DEPARTMENT OF MILITARY AFFAIRS AND VETERANS SERVICES BID FORM BID OPENING Date: April 8, 2021 Time: 10:15 a.m. Subject: Baffled Range Closure Plate Center Strafford Training Site, Route 126 Strafford, New Hampshire Contract Price Numerical Bid $_____________________ Verbal Bid ______________________ Allowance for unforeseen conditions and/or Owner initiated Changes $_____40,000.00________ Forty Thousand Dollars__ TOTAL BID AMOUNT Numerical Bid $____________________ Verbal Bid _____________________ Deduct alternate #1 Numerical Bid $_____________________ Remove new acoustical unit work at Verbal Bid ______________________ baffles in range #2 Deduct alternate #2 Numerical Bid $_____________________ Remove work for new target shed including Verbal Bid ______________________ concrete pad and site work Deduct Alternate #3 Numerical Bid $_____________________ Remove range noise assessment / study Verbal Bid ______________________ Add Alternate #1 Numerical Bid $_____________________ Add new acoustical units at sidewalls in range #2 Verbal Bid ______________________ Add Alternate #2 Numerical Bid $_____________________ Add new acoustical units at baffles in range #1 Verbal Bid ______________________ Add alternate #3 Numerical Bid $_____________________ Add acoustical units at sidewalls in range #1 Verbal Bid ______________________