BEACH GRADING

STATE OF NEW HAMPSHIRE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES DIVISION OF PARKS AND RECREATION CAPITAL PROJECTS & MAINTENANCE 172 Pembroke Road Concord, NH 03301 Tel. (603) 271-2606 Fax (603) 271-2629 SPECIFICATIONS BEACH GRADING WALLIS SANDS STATE PARK RYE, NH PROJECT # OPS-2422 CONTENTS Notice to Bidders N.B. 1 Bid Proposal Form B.P. 1-5 Sample Contract Form S.C.1-4 General Conditions of the Contract G.C.1-9 Construction Specifications Specs 1-6 STATE OF NEW HAMPSHIRE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES DIVISION OF PARKS AND RECREATION CAPITAL PROJECTS & MAINTENANCE 172 Pembroke Road Concord, N.H. 03301 TEL. 603-271-2606 FAX 603-271-2629 NOTICE TO BIDDERS Project: OPS-2422 BEACH GRADING AT WALLIS SANDS STATE PARK, RYE, NH Description: Over the course of the winter, sand from Wallis Sands has been redistributed by wave action so that large volumes of sand have been moved towards the low tide and high tide line exposing the concrete seawall that runs the length of the

beach. This project involves re-grading the sand from the low tide line towards the seawall and stair ways, over the length of the Beach. The start date for the Project will be no earlier than April 15, 2024 and the completion date will be no later than 12:00 pm on May 24, 2024. Proposals for the above project will be accepted until 2:00 P.M., prevailing time, on Thursday March 28, 2024. Sealed Bid Proposals should be mailed to: Attn: Edward Mussey Public Works Project Manager I. Department of Natural and Cultural Resources 172 Pembroke Road, Concord, NH. 03301. Bid proposals may be submitted electronically by e-mail to: Edward.V.Mussey@dncr.nh.gov and they must be received by no later than 1:45 PM on March 28, 2024. Specifications will be available to interested contractors at the Capital Projects & Maintenance Office on March 18, 2024. They may also be viewed at the following locations: 1. Construction Summary of New Hampshire Inc. 734 Chestnut Street, Manchester, NH 03104 Tel. (603) 627-8856. 2. Alpha Graphics 933 Islington Street, Portsmouth, NH 03801 Tel. (603) 436-3030 3. McGraw-Hill Construction Plan Room 34 Crosby Drive Suite 201 Bedford, MA, 03170 Tel. (781) 430-2006 4. Signature Digital Imaging, 472 Amherst St. Unit 23 Nashua, NH 03063 Tel. (603) 624- 40255.) 5. Works in Progress, 20 Farrell Street, Suite 103, South Burlington, VT 05403 Tel. 1-800-669- 7048 6. New Hampshire Department of Administrative Services Bureau of Purchase and Property Website https://das.nh.gov/purchasing/vendor.asp 7. New Hampshire State Parks Website http://www.nhstateparks.org/news-and- events/projects/rfps-and-projects.aspx. All companies, corporations, and tradenames bidding must be registered and have a certificate of existence from the Secretary of State, Corporate Division (telephone 603-271-3244) in order to do business with the State of New Hampshire. Edward V Mussey Public Works Project Manager I Notice to Bidders Page 1 mailto:Edward.V.Mussey@dncr.nh.gov https://das.nh.gov/purchasing/vendor.asp http://www.nhstateparks.org/news-and-events/projects/rfps-and-projects.aspx http://www.nhstateparks.org/news-and-events/projects/rfps-and-projects.aspx STATE OF NEW HAMPSHIRE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES DIVISION OF PARKS AND RECREATION CAPITAL PROJECTS & MAINTENANCE 172 Pembroke Road Concord, N.H. 03301 TEL. 603-271-2606 FAX 603-271-2629 BID PROPOSAL FORM PROJECT: OPS-2422 BEACH GRADING WALLIS SANDS STATE PARK RYE, NH PROPOSAL DEADLINE: March 28 , 2024 at 2:00 p.m. START DATE: No Earlier than April 15, 2024 COMPLETION DATE: No later than May 24, 2024 Sealed Bid Proposals will be accepted until 2:00 p.m., prevailing time, on March 28, 2024. Bids should be mailed to: Attn: Edward Mussey Public Works Project Manager Department of Natural and Cultural Resources, 172 Pembroke Road, Concord, N.H 03301. Bid proposals may be submitted electronically by e- mail to: Edward.V.Mussey@dncr.nh.gov and they must be received by no later than 1:45 PM on March 28, 2024. DATE: PROPOSAL OF: (Company name and address) GRAND TOTAL / LUMP SUM BASE BID: Bid Proposal Page 1 mailto:Edward.V.Mussey@dncr.nh.gov STATE OF NEW HAMPSHIRE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES DIVISION OF PARKS AND RECREATION CAPITAL PROJECTS & MAINTENANCE PROPOSAL Proposal of... (contractors name) (contractors address) To furnish and deliver all materials except as noted and to perform all work in accordance with the Contract of the State of New Hampshire, Department of Natural and Cultural Resources for the construction of... Project #OPS-2422 Beach Grading Wallis Sands State Park, Rye NH. Commissioner Department of Natural and Cultural Resources 172 Pembroke Road Concord, N.H. 03301 Commissioner: In accordance with the advertisement of the Department of Natural and Cultural Resources inviting proposals for the project herein before named and in conformity with the Plans and Specifications on file in the office of the Department of Natural and Cultural Resources, (firm name) hereby certifies that is/are the only person, or persons, interested in this proposal as principals; that this proposal is made without collusion with any person, firm, or corporation; that an examination has been made of the Plans, of the Standard Specifications, and Special Attentions, Supplemental Specifications, and Special Provisions, all of which are attached hereto, and also of the site of the work; and I, or we, propose to furnish all necessary machinery, equipment, tools, labor, and other means of construction, and to furnish all materials specified in the manner and at the time prescribed; and understand that the quantities of work as shown herein are approximate only and are subject to increase or decrease, and further understand that all quantities of work are to be performed at the quoted prices. To execute the form of contract and begin work within 15 (fifteen) days after the notice to proceed has been received or otherwise delivered to the contractor and to prosecute said work until its completion. Bid Proposal Page 2 It is further proposed: To furnish a contract bond in the amount of one hundred percent (100%) of the contract award, if the contract award is seventy-five thousand dollars ($75,000) or more, as security for the completion of the contract in accordance with the plans and specifications and contract documents. The form of bond shall be that provided for by the surety shall be acceptable to the Commissioner. No contract bond shall be required on contract awards of less than seventy-five thousand dollars ($75,000). To guarantee all of the work performed under this contract to be done in accordance with the plans and specifications and contract documents. The undersigned acknowledges receipt of the following addenda, if any, issued during the bidding time, and states that these have been incorporated in the proposal: Addendum #1 dated Addendum #2 dated Addendum #3 dated Dated Bid Proposal Page 3 SCHEDULE OF VALUES PROJECT # OPS-2444 BEACH GRADING HAMPTON BEACH INDICATE DOLLAR AMOUNT OF CONTRACT SUM ALLOCATED TO EACH CATEGORY OF WORK AS DESIGNATED BELOW: Category Quantity Hourly Price # of Hours Sub Total = (Quantity X Hourly Rate X Hours) Wallis Sands Beach Grading Equipment (list the make, model, year and capacity of the equipment below) General Conditions 1 N/A N/A Allowance #1 1 N/A N/A $5,000 Total Lump Sum > Total Lump Sum of Contract ... ALLOWANCE #1: Unanticipated Modification and/or Additions to Contract Items: Include in the Contract, a stipulated sum/price of $5,000 for use upon the Project Managers instruction. This Allowance will make money available for modifications and/or additions to contract items due to owner- initiated changes, or for unknown, latent or differing existing conditions, or for the removal of hazardous materials that are encountered by construction. a. Contractors costs for products, delivery, installation, labor, insurance, payroll, taxes, equipment rental, overhead and profit will be included in Change Orders authorizing expenditure of funds from this Allowance. The cost of the Performance and Payment bond for the amount of Allowance shall be included as part of the lump sum base bid. b. Funds will be drawn from an Allowance only by Approved Change Order. Contractor can proceed with Change Order Work against Allowance with direction from the Project Manager. The Contractor shall not proceed with any work that will exceed the amount of Allowance remaining. c. Credits can only be added to an Allowance by Alteration Order. The Contractor may not use a credit until an Alteration Order is fully executed. d. Not withstanding the Contractors objection, the Project Manager may at any time reduce the funds remaining in the Allowance by Alteration Order. e. At Final Payment of the Contract, funds remaining in the Allowance will be credited to the State. NOTE: The Schedule of values must be completely filled out in order for the bid proposal to be considered as responsive. Bid Proposal Page 4 SIGNATURE PAGE Company Name Address Phone Fax E-mail Address Signature of Authorized Bidder Print Title Address of Bidder (if different than company) Names and Addresses of Members of the Firm/Corporation Name address Name address Name address Bid Proposal Page 5 INTENTIONALLY LEFT BLANK Page 1 of 4 Contractor Initials_______ Date_______ FORM NUMBER P-37 (version 2/23/2023) 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 Unit and Class 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. Department of Natural and Cultural Resources 172 Pembroke Rd. Concord, NH 03301 Edward Mussey, Public Works Project manager I 603-271-3973 SAMPLE Page 2 of 4 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, 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. 3.3 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. 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 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, 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 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. 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. 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 The States liability under this Agreement shall be limited to monetary damages not to exceed the total fees paid. The Contractor agrees that it has an adequate remedy at law for any breach of this Agreement by the State and hereby waives any right to specific performance or other equitable remedies against the State. 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 and the Governors order on Respect and Civility in the Workplace, Executive order 2020-01. 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 age, sex, sexual orientation, race, color, marital status, physical or mental disability, religious creed, national origin, gender identity, or gender expression, and will take affirmative action to prevent such discrimination, unless exempt by state or federal law. The Contractor shall ensure any subcontractors comply with these nondiscrimination requirements. 6.3 No payments or transfers of value by Contractor or its representatives in connection with this Agreement have or shall be made which have the purpose or effect of public or commercial bribery, or acceptance of or acquiescence in extortion, kickbacks, or other unlawful or improper means of obtaining business. 6.4. The Contractor agrees to permit the State or United States access to any of the Contractors books, records and accounts for the purpose of ascertaining compliance with this Agreement and all rules, regulations and orders pertaining to 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 The Contracting Officer specified in block 1.9, or any successor, shall be the States point of contact pertaining to this Agreement. SAMPLE Page 3 of 4 Contractor Initials_______ Date_______ 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) calendar days from the date of the notice; and if the Event of Default is not timely cured, terminate this Agreement, effective two (2) calendar 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. 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) calendar 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 States discretion, deliver to the Contracting Officer, not later than fifteen (15) calendar 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. In addition, at the States discretion, the Contractor shall, within fifteen (15) calendar days of notice of early termination, develop and submit to the State a transition plan for Services under the Agreement. 10. PROPERTY OWNERSHIP/DISCLOSURE. 10.1 As used in this Agreement, the word Property shall mean all data, 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 Disclosure of data, information and other records shall be governed by N.H. RSA chapter 91-A and/or other applicable law. Disclosure requires prior written approval of the State. 11. CONTRACTORS 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 Contractor shall provide the State written notice at least fifteen (15) calendar days before any proposed assignment, delegation, or other transfer of any interest in this Agreement. No such assignment, delegation, or other transfer shall be effective without the written consent of the State. 12.2 For purposes of paragraph 12, 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. 12.3 None of the Services shall be subcontracted by the Contractor without prior written notice and consent of the State. 12.4 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. The Contractor shall indemnify, defend, and hold harmless the State, its officers, and employees from and against all actions, claims, damages, demands, judgments, fines, liabilities, losses, and other expenses, including, without limitation, reasonable attorneys fees, arising out of or relating to this Agreement directly or indirectly arising from death, personal injury, property damage, intellectual property infringement, or other claims asserted against the State, its officers, or employees caused by the acts or omissions of negligence, reckless or willful misconduct, or fraud by the Contractor, its employees, agents, or subcontractors. 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 States sovereign immunity, which immunity is hereby reserved to the State. This covenant in paragraph 13 shall survive the termination of this Agreement. SAMPLE Page 4 of 4 Contractor Initials_______ Date_______ 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 any successor, a certificate(s) of insurance for all insurance required under this Agreement. At the request of the Contracting Officer, or any successor, the Contractor shall provide certificate(s) of insurance for all renewal(s) of insurance required under this Agreement. 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 any 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. WAIVER OF BREACH. A State's failure to enforce its rights with respect to any single or continuing breach of this Agreement shall not act as a waiver of the right of the State to later enforce any such rights or to enforce any other or any subsequent breach. 17. 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. 18. 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. 19. CHOICE OF LAW AND FORUM. 19.1 This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of New Hampshire except where the Federal supremacy clause requires otherwise. 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. 19.2 Any actions arising out of this Agreement, including the breach or alleged breach thereof, may not be submitted to binding arbitration, but must, instead, be brought and maintained in the Merrimack County Superior Court of New Hampshire which shall have exclusive jurisdiction thereof. 20. CONFLICTING TERMS. In the event of a conflict between the terms of this P-37 form (as modified in EXHIBIT A) and any other portion of this Agreement including any attachments thereto, the terms of the P-37 (as modified in EXHIBIT A) shall control. 21. THIRD PARTIES. This Agreement is being entered into for the sole benefit of the parties hereto, and nothing herein, express or implied, is intended to or will confer any legal or equitable right, benefit, or remedy of any nature upon any other person. 22. 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. 23. SPECIAL PROVISIONS. Additional or modifying provisions set forth in the attached EXHIBIT A are incorporated herein by reference. 24. FURTHER ASSURANCES. The Contractor, along with its agents and affiliates, shall, at its own cost and expense, execute any additional documents and take such further actions as may be reasonably required to carry out the provisions of this Agreement and give effect to the transactions contemplated hereby. 25. 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. 26. 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. SAMPLE GENERAL CONDITIONS GENERAL This contract is to be governed by all the applicable provisions of these specifications. This project consists of Beach Grading and at Wallis Sands State Park in Rye, NH as indicated in these specifications. BIDDING REQUIREMENTS Bids shall only be accepted on the official Bid Proposal Forms, attached to these specifications. Any bids submitted that are not on the official bid proposal forms will not be accepted. CONDITIONS AT SITE OR BUILDING Bidders shall visit the site and be responsible for having ascertained pertinent local conditions such as: location, accessibility, 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 this bid. PERFORMANCE AND PAYMENT BOND In the event the bid is $75,000 or more, the contractor shall furnish security by bond or otherwise in an amount equal to 100% of the contract guaranteeing performance and payment. The payment security shall meet the requirements of RSA 447:16. The performance and payment bond must be returned with the signed contract within 15 days after the contract has been mailed or otherwise delivered to the bidder. PROPOSAL GUARANTEE None Required RIGHT TO WORK IN N.H. All bidders must be registered and have a certificate of existence from the New Hampshire Secretary of State, Corporate Division (telephone 603-271-3246) in order to do business with the State of New Hampshire. Contractors may register Online at: https://quickstart.sos.nh.gov/online/Account VENDOR REGISTRATION All Bidders must be registered with the Department of Administrative Services Bureau of Purchase and Property. Bidders may use the vendor application form included in these specifications and return it to the address on the form or complete the online registration at: https://das.nh.gov/purchasing/vendorregistration G.C. 1 https://quickstart.sos.nh.gov/online/Account https://das.nh.gov/purchasing/vendorregistration PROPOSAL SELECTION In most cases the proposal submitted by the qualified bidder with the lowest base bid price shall be selected. However, the Department of Natural and Cultural Resources reserves the right to reject any or all proposals, or advertise for new proposals as it judges to be in the best interest of the state. CONTRACTORS QUALIFICATIONS The successful bidder shall provide evidence upon request that they have been in the Site work and Excavation business successfully performing this type, scale, and quality of work for a minimum of five years. A comprehensive list of all projects worked on involving Site work in the past two years by the contractor shall be submitted with references upon request. EXECUTION OF CONTRACT The Contractor's attention is called to the following: EXECUTION AND APPROVAL OF CONTRACT. The contract shall be signed by the successful Bidder and returned, together with the contract bond, if applicable, within 15 days after the contract has been mailed or otherwise delivered to the Bidder. No contract shall be considered as in effect until it has been fully executed by all the parties thereto and, when the contract amount is more than $10,000, the award has been concurred in by the Governor and Council. FAILURE TO EXECUTE CONTRACT. Failure to execute the contract within 15 days after the contract has been mailed or otherwise delivered to the successful Bidder shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty which shall become the property of the Department, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest Bidder, or the work may be re-advertised as the Commissioner may decide. STARTING DATE The Contractor shall start work after notice to proceed is received. The notice to proceed shall be issued immediately upon contract approval by the Governor and Council, and shall establish the actual construction start date. Failure to start work within 15 calendar days after the start date shall be considered a default of the contract. If the actual start date is later than the advertised start date, the completion date shall be extended by an equivalent number of working days. G.C. 2 WORKSITE ACCOUNTABILITY Per RSA 21-I:81-b At the onset of work on any state construction project, the general contractor or designated project construction manager, if any, shall provide to the Department Project Manager a current list of all subcontractors and independent contractors that the general contractor has agreed to use on the job site, with a record of the entity to whom that subcontractor is insured for workers compensation purposes. This list shall be posted on the jobsite and updated as needed to reflect any new subcontractors or independent contractors. If it is determined that a subcontractor or independent contractor is present on a state construction site without the contractors name and direct contracting relationship being posted in a visible location at the worksite, the general contractor or designated project manager shall require the subcontractor or independent contractor to provide the information within 36 hours and to post the information in a visible location at the worksite. If the information is not provided within 36 hours of its request, the general contractor shall suspend the contractor until the information is provided and posted. PROTECTION OF EXISTING PROPERTY It shall be the responsibility of the contractor to protect existing property from damage. Any damage caused by the contractor in the performance of the work shall be repaired or replaced at his expense to the satisfaction of the Department Project Manager. CODES All work performed shall meet any local codes that may apply. WORKMANSHIP All work shall be performed in a neat workmanlike manner by skilled workmen who have been actively engaged in performing the type of work specified under this contract for the last two years. CLEAN-UP All debris from the project shall be cleaned up daily and removed from the site at least on a daily basis. G.C. 3 DEFAULT AND TERMINATION OF CONTRACT If the Contractor (a) Fails to begin the work under the contract within the time specified in the contract, or (b) Fails to perform the work with sufficient workmen and equipment or with sufficient materials to assure the prompt completion of said work, or (c) Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or (d) Discontinues the prosecution of work, or (e) Fails to resume work which has been discontinued, within reasonable time after notice to do so, or (f) Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or (g) Makes an assignment for the benefit of creditors, or (h) For any other cause whatsoever, fails to carry on the work in an acceptable manner The Commissioner will give notice in writing to the Contractor of such delay, neglect, or default. If the Contractor or Surety does not proceed in accordance with the Notice, then the Commissioner will, upon written notification from the Project Manager of the fact of such delay, neglect or default, and the Contractors failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Commissioner may enter into an agreement for the completion of said contract according to the terms and conditions thereof, or use such other methods as in his opinion will be required for the completion of said contract in an acceptable manner. All extra costs and charges incurred by the Department as a result of such delay, neglect or default, together with the cost of completion of the work under the contract will be deducted from any monies due or which may become due said Contractor. If such expenses exceed the sum which would have been payable under the contract, then the Contractor and the Surety shall be liable and shall pay to the Department, the amount of such excess. G.C. 4