CONTRACT: AGGREGATES

expired opportunity(Expired)
From: New Hampshire(State)
Bid 2740-23

Basic Details

started - 01 Mar, 2023 (13 months ago)

Start Date

01 Mar, 2023 (13 months ago)
due - 30 Mar, 2023 (12 months ago)

Due Date

30 Mar, 2023 (12 months ago)
Bid Notification

Type

Bid Notification
Bid 2740-23

Identifier

Bid 2740-23
Department of Administrative Services

Customer / Agency

Department of Administrative Services
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Page 1 of 17 Contractor Initials ________ Date ________ STATE OF NEW HAMPSHIRE BID TRANSMITTAL LETTER Date: ___________________ Company Name: ________________________________________ Address: _________________________________________________________ _________________________________________________________ To: Point of Contact: Liz Moskalenko Telephone: 603-271-3122 Email: NH.Purchasing@das.nh.gov RE: Bid Invitation Name: Bid Number: 2740-23 Bid Posted Date (on or by): 03/15/2023 Bid Closing Date and Time: 03/30/2023 @ 11:00 AM (EST) [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 # 2740-23 for Aggregates at the price(s) quoted herein in complete accordance with the bid.
Vendor attests to the fact that: 1. The Vendor has reviewed and agreed to be bound by the Bid. 2. The Vendor has not altered any of the language or other provisions contained in the Bid document. 3. The Bid is effective for a period of 180 days from the Bid Closing date as indicated above. 4. The prices Vendor has quoted in the Bid were established without collusion with other vendors. 5. The Vendor has read and fully understands this Bid. 6. Further, in accordance with RSA 21-I:11-c, the undersigned Vendor certifies that neither the Vendor nor any of its subsidiaries, affiliates or principal officers (principal officers refers to individuals with management responsibility for the entity or association): a. Has, within the past 2 years, been convicted of, or pleaded guilty to, a violation of RSA 356:2, RSA 356:4, or any state or federal law or county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been annulled; b. Has been prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20; c. Has previously provided false, deceptive, or fraudulent information on a vendor code number application form, or any other document submitted to the state of New Hampshire, which information was not corrected as of the time of the filing a bid, proposal, or quotation; d. Is currently debarred from performing work on any project of the federal government or the government of any state; e. Has, within the past 2 years, failed to cure a default on any contract with the federal government or the government of any state; f. Is presently subject to any order of the department of labor, the department of employment security, or any other state department, agency, board, or commission, finding that the applicant is not in compliance with the requirements of the laws or rules that the department, agency, board, or commission is charged with implementing; g. Is presently subject to any sanction or penalty finally issued by the department of labor, the department of employment security, or any other state department, agency, board, or commission, which sanction or penalty has not been fully discharged or fulfilled; h. Is currently serving a sentence or is subject to a continuing or unfulfilled penalty for any crime or violation noted in this section; i. Has failed or neglected to advise the division of any conviction, plea of guilty, or finding relative to any crime or violation noted in this section, or of any debarment, within 30 days of such conviction, plea, finding, or debarment; or j. Has been placed on the debarred parties list described in RSA 21-I:11-c within the past year. Authorized Signor’s Signature _______________________________ Authorized Signor’s Title ________________________ NOTARY PUBLIC/JUSTICE OF THE PEACE COUNTY: ___________________________ STATE: ______________ ZIP: _________________ On the _____ day of _______________, 2023, 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) Form P37-A REQUEST FOR BID mailto:NH.Purchasing@das.nh.gov Page 2 of 17 Contractor Initials ________ Date ________ FOR AGGREGATES FOR THE STATE OF NEW HAMPSHIRE PURPOSE: The purpose of this bid invitation is to establish a contract for supply or delivery of Aggregates to the State of New Hampshire with product list and requirements indicated in the SCOPE OF WORK and OFFER sections of this bid invitation, in accordance with the requirements of this bid invitation and any resulting contract. INSTRUCTIONS TO VENDOR: Read the entire bid invitation prior to filling it out. Complete the pricing information in the “Offer” section (detailed information on how to fill out the pricing information can be found in the “Offer” section); complete the “Vendor Contact Information” section; and finally, fill out, sign, and notarize page one of the bid invitation. BID SUBMITTAL: All bids shall be submitted on this form (or an exact copy), shall be typed or clearly printed in ink, and shall be received on or before the date and time specified on page 1 of this bid under “Bid Closing”. Interested parties may submit a bid to the State of New Hampshire Bureau of Purchase and Property by email to NH.Purchasing@DAS.NH.Gov. All bids shall be clearly marked with bid number, date due and purchasing agent’s name. IF YOU ARE EXPERIENCING DIFFICULTIES EMAILING YOUR BID OR YOU WISH TO VERIFY THAT YOUR BID RESPONSE HAS BEEN RECEIVED, PLEASE CALL (603) 271-2201. BID INQUIRIES: Any questions, clarifications, and/or requested changes shall be submitted by an individual authorized to commit their organization to the Terms and Conditions of this bid and shall be received in writing at the Bureau of Purchase and Property no later than 4:00 PM on the date listed in the timeline below. Questions shall not be submitted to anyone other than the Purchasing Agent or his/her representative. Bidders that submit questions verbally or in writing to any other State entity or State personnel shall be found in violation of this part and may be found non-compliant. Questions shall be submitted by E-mail to Liz Moskalenko at the following address: Elizabeth.A.Moskalenko@DAS.NH.Gov Submissions shall clearly identify the bid Number, the Vendor’s name and address and the name of the person submitting the question. BID DUE DATE: All bid submissions shall be received at the Bureau of Purchase and Property no later than the date and time shown on the transmittal letter of this bid. Submissions received after the date and time specified shall be marked as “Late” and shall not be considered in the evaluation process. All offers shall remain valid for a period of one hundred eighty (180) days from the bid due date. A vendor’s disclosure or distribution of bids other than to DAS, Bureau of Purchase and Property may be grounds for disqualification. ADDENDA: In the event it becomes necessary to add to or revise any part of this bid prior to the scheduled submittal date, the NH Bureau of Purchase and Property shall post on our web site any Addenda. Before your submission and periodically prior to the RFB closing, Vendors are required to check the site for any addenda or other materials that may have been issued affecting the bid. The web site address is: https://apps.das.nh.gov/bidscontracts/bids.aspx mailto:NH.Purchasing@DAS.NH.Gov mailto:Elizabeth.A.Moskalenko@DAS.NH.Gov https://apps.das.nh.gov/bidscontracts/bids.aspx Page 3 of 17 Contractor Initials ________ Date ________ TIMELINE: The timeline below is provided as a general guideline and is subject to change. Unless stated otherwise, consider the dates below a “no later than” date. 03/15/2023 Bid Solicitation distributed on or by 03/28/2023 Last day for questions, clarifications, and/or requested changes to bid 03/30/2023 11:00 AM (EST) Bid Closing 05/01/2023 Implementation of Contract TERMS OF SUBMISSION: All material received in response to this bid shall become the property of the State and shall not be returned to the Vendor. Regardless of the Vendors selected, the State reserves the right to use any information presented in a bid response. The content of each Vendor’s bid shall become public information once a contract(s) has been awarded. A responding bid that has been completed and signed by your representative shall constitute your company’s acceptance of all State of New Hampshire terms and conditions and shall legally obligate your company to these terms and conditions. A signed response further signifies that from the time the bid is published (bid solicitation date and time) until a contract is awarded, no bidder shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who shall select, evaluate, or award the RFB. Furthermore, a signed response signifies that any terms and/or conditions that may be or have been submitted by the Vendor are specifically null and void and are not a part of this bid invitation or any awarded purchase order, even if said terms and/or conditions contain language to the contrary. The form P-37 Contract attached hereto shall be part of this bid and the basis for the contract(s). The successful Vendor and the State, following notification, shall promptly execute this contract form, which is to be completed by incorporating the service requirements and price conditions established by the vendor’s offer. CHAPTER ADM 600 PROCUREMENT AND PROPERTY RULES APPLY TO AND ARE MADE A PART HEREOF. Complete bids shall be filled out on the original documents and format that are a part of this bid invitation. Vendors may submit additional paperwork with pricing, but all pricing shall be on the documents provided with this bid invitation and in the State’s format. CONTRACT TERM: The term of the contract shall commence May 1, 2023 or upon execution by the Commissioner of the Department of Administrative Services and/or Governor and Executive Council, whichever is later through April 30, 2026 for a period of three approximately (3) years. The contract may be extended for an additional two (2) year extension thereafter under the same terms, conditions and pricing structure upon the mutual agreement between the successful Vendor and the State with the approval of the Commissioner of the Department of Administrative Services and/or Governor and Executive Council. The maximum term of the contract (including extensions) shall not exceed five (5) years. CONTRACT AWARD: The award shall be made to the Vendors meeting the criteria established in this RFB and providing the lowest cost by product, location and availability. 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 Contracts. The State reserves the right to purchase product from the most economical source of supply with consideration of product, price and transported distance. Page 4 of 17 Contractor Initials ________ Date ________ 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. NOTIFICATION AND AWARD OF CONTRACT(S): Bid results shall not be given by telephone. For Vendors wishing to attend the bid closing, the names of the vendors submitting responses and pricing shall be made public. Other specific response information shall not be given out. Bid results shall be made public after final approval of the contract(s). Bid results may also be viewed on our website at https://apps.das.nh.gov/bidscontracts/bids.aspx. For Vendors wishing to attend the bid closing: Names of the Vendors submitting responses and pricing shall be made public. In lieu of in person public bid openings the State shall conduct openings via electronic means until further notice. LIABILITY: The State shall not be held liable for any costs incurred by Vendors in the preparation of bids or for work performed prior to contract issuance. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS: Generally, the full contents of any proposal (including all materials submitted in connection with it, such as attachments, exhibits, addenda, and vendor presentations) become public information upon completion of final contract or purchase order negotiations with the selected vendor. Certain information concerning proposals, including but not limited to scoring, is generally available to the public even before this time, in accordance with the provisions of NH RSA 21-G:37. Confidential, commercial or financial information may be exempt from public disclosure under RSA 91-A:5, IV. 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. Marking or designating an entire proposal, attachment or section as confidential shall neither be accepted nor honored by the State. Marking an entire bid, proposal, attachment or full sections thereof confidential without taking into consideration the public’s right to know shall neither be accepted nor honored by the State. Notwithstanding any provision of this request for submission to the contrary, proposed pricing shall be subject to public disclosure REGARDLESS of whether or not marked as confidential. If a request is made to the State by any person or entity to view or receive copies of any portion of a proposal, the State will assess what information it believes is subject to release; notify the Bidder that the request has been made; indicate what, if any, portions of the proposal or related material shall be released; and notify the Bidder of the date it plans to release the materials. To halt the release of information by the State, a Bidder 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. https://apps.das.nh.gov/bidscontracts/bids.aspx Page 5 of 17 Contractor Initials ________ Date ________ By submitting a proposal, Bidders acknowledge and agree that: • 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 RFB. • The State is not obligated to comply with a Bidder’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 Bidder. TERMINATION: The State of New Hampshire shall have the right to terminate the contract at any time with a thirty (30) day written notice to the successful Vendor. VENDOR CERTIFICATIONS: Prior to bid award, 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: Vendors shall have a completed a vendor application to be duly registered with the NH Bureau of Purchase and Property. 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 and be on file as a State of New Hampshire vendor with the NH Bureau of Purchase and Property. See the following website for information on obtaining and filing the required forms (no fee: https://DAS.NH.Gov/Purchasing ). • NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: To be eligible for a contract award, a Vendor that is a corporation, limited liability company, or other limited liability business entity (this excludes sole proprietors and general partnerships) must be registered to conduct business in the State of New Hampshire AND in good standing with the NH Secretary of State. Please visit the following website to find out more about the requirements for registration with the NH Secretary of State: https://sos.nh.gov/corporation-division/ • CERTIFICATE OF INSURANCE: Prior to being awarded a contract the Vendor shall be required to submit proof of comprehensive general liability insurance coverage prior to performing any services for the State. The coverage shall insure against all claims of bodily injury, death or property damage in amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate. Coverage shall also include State of New Hampshire workers’ compensation insurance to the extent required by RSA Chapter 281-A. BID PRICES: Bid prices shall remain firm for one year and may be adjusted on the anniversary date of this contracts annual period and shall be in US dollars and shall include delivery unless outside of vendors specified delivery area(s) and all other costs required by this bid invitation. Special charges, surcharges (including credit card transaction fees) or load charges of any kind (by whatever name) may not be added on at any time. Any and all charges shall be built into your bid price at the time of the bid. Unless otherwise specified, prices shall be F.O.B. DESTINATION on delivered loads only and 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, unless outside of vendors specified delivery area(s). Any required deliveries shall be made in order to arrive at requested destination at a satisfactory time for unloading during receiving hours or as agreed upon by requisitioning agency. 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”. https://das.nh.gov/Purchasing https://sos.nh.gov/corporation-division/ Page 6 of 17 Contractor Initials ________ Date ________ PRICE ADJUSTMENTS: On the anniversary date of this contract, the successful Vendors may request price adjustment, either upward or downward annually, keyed to the industry changes or general trade. Written notice of an impending price increase, including substantiation for it, must be submitted in writing to Bureau of Purchase & Property, 25 Capitol Street, Rm. 102, Concord, NH 03301, no less than thirty (30) days prior to the effective date of said price increase. The State reserves the right to reject any price increases it deems unreasonable. If parties to the contract cannot agree on renewal terms, it is hereby understood that the contract will be rebid. Documentation of the increase must accompany the request to support the amount (%) of the requested increase. The annual increase for any item shall not exceed 3% and in no case shall it exceed the documented percentage of increase levied on the contractor by said contractors supplier(s). Requests for price increases may only be based on increased supplier or market prices and not on fuel costs, regulatory charges or any other type of surcharge or administrative cost. Price decreases shall become effective immediately as they become effective to the general trade or the Vendor’s best/preferred customer. Updated Published Price List MUST be e-mailed to Elizabeth.A.Moskalenko@DAS.NH.Gov . The State shall have the right to reject any pricing that fails to follow the above principles, and to rebid any part, or the entire contract, if deemed to be in its best interest. AUDITS AND ACCOUNTING: The successful Vendor shall allow representatives of the State of New Hampshire to have complete access to all records for the purpose of determining compliance with the terms and conditions of this bid invitation and in determining the award and for monitoring any resulting contract. At intervals during the contract term, and prior to the termination of the contract, the successful Vendor may be required to provide a complete and accurate accounting of all products and quantities ordered by each agency and institution and by political sub-divisions and authorized non-profit organizations. ESTIMATED USAGE: The quantities indicated in the offer section of this bid invitation are an estimate only for the State of New Hampshire's annual requirements. These quantities are indicated for informational purposes only and shall not be considered minimum or guaranteed quantities, nor shall they be considered maximum quantities. These quantities do not include any eligible participant usage. USAGE REPORTING: The successful Vendor shall be required to submit a quarterly and annual usage report for analysis for each state agency or eligible participant. Reports are due no later than 30 days after each end of each calendar quarter to The Bureau of Procurement & Support Services, Liz Moskalenko and sent electronic to Elizabeth.A.Moskalenko@DAS.NH.Gov. At a minimum and where applicable, the report shall include: • Contract Number • Utilizing Agency and Eligible Participant • Services/Products Purchased converted to either Tons or Cubic Yards (showing the item, product or part number, and the final cost.) • Recycling documentation with respect to content used in the manufacture, development and/or distribution process of goods and services sold. This report shall include but not be limited to: o Percentage of recycled materials contained within the product (if applicable) o Percentage of waste recycled throughout the manufacturing process (if applicable) o Any associated material avoided and/or recycled as applicable under contract o A standardized reporting form will be provided after contract award • Total Cost of all Services/Products Purchased. Ability to sort by agency/eligible participant. • Preferred in Excel format mailto:Elizabeth.A.Moskalenko@DAS.NH.Gov mailto:Elizabeth.A.Moskalenko@DAS.NH.Gov Page 7 of 17 Contractor Initials ________ Date ________ ESTABLISHMENT OF ACCOUNTS: Each State of New Hampshire agency shall have its own individual customer account number. There may also be instances where divisions or bureaus within an agency will need their own individual customer account numbers. Should any State of New Hampshire agency place an order under the contract, the successful Vendor agrees to establish an account within three business days from the date the order is placed. However, there shall be no delay in any shipment; the agency shall receive the items ordered in accordance with the delivery time required under this bid invitation, as if an account already exists for the agency. ELIGIBLE PARTICIPANTS: Political sub-divisions (counties, cities, towns, school districts, special district or precinct, or any other governmental organization), or any nonprofit agency under the provisions of section 501c of the federal internal revenue code, are eligible to participate under this contract whenever said sub-division or nonprofit agency so desires. These entities are autonomous and may participate at their sole discretion. In doing so, they are entitled to the prices established under the contract. However, they are solely responsible for their association with the successful Vendor. The State of New Hampshire assumes no liability between the successful Vendor and any of these entities. PAYMENT: Payment method (P-Card or ACH). Payments shall be made via ACH or Procurement Card (P-card = Credit Card) unless otherwise specified by the state of New Hampshire. Use the following link to enroll with the State Treasury for ACH payments: https://www.nh.gov/treasury/state-vendors/index.htm Eligible participants shall negotiate their own payment methods with the successful Vendor. INVOICING: Invoices shall be submitted noting the contract number to the corresponding State agency after completion of work/acceptance of delivery. TERMS OF PAYMENT: Payment shall be made in full within thirty (30) days after receipt of the invoice and acceptance of the corresponding goods and/or services to the State’s satisfaction. VENDOR RESPONSIBILITY: The successful Vendor shall be solely responsible for meeting all terms and conditions specified in the bid, and any resulting contract. All State of New Hampshire bid invitations and addenda to such bid invitations are advertised on our website at: https://apps.das.nh.gov/bidscontracts/bids.aspx It is a prospective Vendor’s responsibility to access our website to determine any bid invitation under which the Vendor desires to participate. It is also the Vendor’s responsibility to access our website for any posted addenda. The website is updated several times per day; it is the responsibility of the prospective Vendor to access the website frequently to ensure that no bidding opportunity or addendum is overlooked. It is the prospective Vendor’s responsibility to forward a signed copy of any addendum requiring the Vendor’s signature to the Bureau of Purchase and Property with the bid response. In preparation of a bid response, the prospective Vendor shall: • Provide pricing information as indicated in the “Offer” section; and • Provide all other information required for the bid response (if applicable); and • Complete the “Vendor Contact Information” section; and • Add applicable prospective Vendor information to the “Transmittal Letter” form and sign the form in the space provided. The Transmittal Letter form must be signed under oath and acknowledged by a notary public or justice of the peace in order for the bid response to be considered. https://www.nh.gov/treasury/state-vendors/index.htm https://apps.das.nh.gov/bidscontracts/bids.aspx Page 8 of 17 Contractor Initials ________ Date ________ It is the responsibility of the Vendor to maintain this or any awarded contract and New Hampshire Vendor Registration with up to date contact information. Contract specific contact information (Sales contact, Contractor contract manager, etc.) shall be sent to the State’s Contracting Office listed in Box 1.9 of Form P-37. Additionally, all updates i.e., telephone numbers, contact names, email addresses, W9, tax identification numbers are required to be current through a formal electronic submission to the Bureau of Purchase and Property at: https://das.nh.gov/purchasing/vendorregistration/(S(q0fzcv55qhaeqs45jpyq5i45))/welcome.aspx IF AWARDED A CONTRACT: The successful Vendor after awarded, shall complete the following sections of the State of New Hampshire Agreement Form #P-37 (See sample below; pages 14 of 19 through 17 of 19): Section 1.3 Contractor Name Section 1.4 Contractor Address Section 1.11 Contractor Signature Section 1.12 Name & Title of Contractor Signatory (if Vendor is not a sole proprietor) • Provide certificate of insurance indicating the coverage amounts required by Section 14 of the Form Number P-37. • Provide proof of sufficient workers’ compensation insurance coverage or evidence of exemption from RSA Chapter 81-A. • If the successful Vendor is a corporation, limited liability company, or other limited liability business entity, then provide a certificate of good standing issued by the NH Secretary of State or, for a newly incorporated, formed, or registered entity, a copy of the appropriate registration document certified by the NH Secretary of State. • Certificate of Vote/Authority: Each contract between the State and a business organization (not individual) must have attached to it evidence of authority of the individual executing the contract to bind the business organization. See: RSA 5:18-a. as of the date the individual signs the contract. The name of the business organization on the Certificate of Vote/Authority must match the name in the Certificate of Good Standing and the name of the contractor identified in the contract in P-37 Contract Form, block 1.3, Contractor Name. The Certificate of Vote/Authority must not be executed by the same individual executing the contract, unless the Certificate of Vote/Authority states that the individual is the sole shareholder, member, director, or officer of the business organization. SPECIFICATION COMPLIANCE: Vendor's offer shall meet or exceed the required specifications as written. The State of New Hampshire shall be the sole determining factor of what meets or exceeds the required specifications. The product indicated in this bid are equivalent to the type and quality required. You may bid different products separately; however, your offer shall match or exceed the one(s) indicated and you shall demonstrate to the satisfaction of the purchasing Agency that they meet or exceed the minimum standards. Product that does not meet the minimum standards shall not be accepted. Product literature and specifications may be enclosed. SPECIFICATIONS: Complete specifications required are detailed in the SCOPE OF WORK section of this bid invitation. In responding to the bid invitation, the prospective Vendor shall address all requirements for information as outlined herein. SCOPE OF WORK: Vendor shall supply all labor, tools, transportation, materials, product and permits as necessary and required to perform services as described herein should services be required. Unless otherwise specified herein, all deliveries performed under awarded Contracts shall be performed between the hours of 7:30 A.M. and 4:00 P.M. for State business days, unless other arrangements are made in advance with the State. No premium charges shall be paid for any off-hour work. https://das.nh.gov/purchasing/vendorregistration/(S(q0fzcv55qhaeqs45jpyq5i45))/welcome.aspx Page 9 of 17 Contractor Initials ________ Date ________ The Vendor shall not commence delivery until a conference is held with each agency, at which representatives of the Vendor and the State are present. The conference shall be arranged by the requesting agency (State). The Vendor or their personnel shall not represent themselves as employees or agents of the State. If sub-contractors are to be utilized, please include information regarding the proposed sub-contractors including the name of the company, their address, contact person and three references for clients they are currently servicing. Approval by the State must be received prior to a sub-contractor starting any work. WARRANTY REQUIREMENTS: The successful Vendor shall be required to provide warranties on all product provided by the Vendor for a period of not less than one (1) year or the suppliers standard warranty period, whichever is greater, commencing on the date that the product is received, inspected, and accepted by the State of New Hampshire. The warranty shall cover 100% of repair or replacement costs, including all product, shipping, labor, travel, lodging, and expenses. OBLIGATIONS AND LIABILITY OF THE VENDOR: The successful Vendor shall perform all work and furnish all product, tools, equipment and safety devices necessary to perform the requested supply in the manner and within the time hereinafter specified. The Vendor shall provide said product to the satisfaction of the State and in accordance with the specifications and at the price set forth herein. All product to be supplied and all equipment utilized to furnish product pursuant to the Scope of Services included herein shall be performed and furnished in strict accordance with the specifications included herein, the terms of any contract awarded as a result of this solicitation, any associated contract drawings, and the directions of State representatives as may be given from time to time while the work is in progress. The successful Vendor shall take full responsibility for the order of product to be provided pursuant to the Scope of Work included herein; for the protection of said work; and for preventing injuries to persons and damage to property and utilities on or about said order. The Vendor shall in no way be relieved of such responsibility by any authority of the State to give permission or issue orders relating to any part of the order, by any such permission given or orders issued, or by any failure of the State to give such permission or issue such orders. The successful Vendor shall bear all losses accruing to the Vendor as a result of the amount or quality of required product of supply, or because the nature or characteristics of the delivery location is different from what the Vendor estimated or expected, or due to delays or other complications caused by weather, elements, or other natural causes. The successful Vendor agrees that any injury or damage to any buildings, materials, equipment, or other appurtenances when caused by the Vendors employees or equipment resulting from the Vendors performance of the requested delivery shall be corrected, replaced, or repaired at the Vendors own expense so that such injury or damage to buildings, materials, equipment, or other property are satisfactorily rendered thereby or restored to their prior condition. Upon failure of the Vendor to proceed promptly with the necessary corrections as noted above, the State may withhold any amount necessary to correct all damages from payments to the Vendor. DISASTER RECOVERY: Do you provide emergency preparedness plan to aid the State during an emergency or disaster recovery with specifics as to response time, availability of supplies and goods and services offered? Yes or No If yes, please include hard copy and/or link to website for further information. This information is not considered part of award criteria and considered informational only. Page 10 of 17 Contractor Initials ________ Date ________ DELIVERY TIME: The successful Vendor shall be required to accomplish delivery of any item ordered under the contract within three (3) working days from the placement of the order. The use of a private carrier to make delivery does not relieve the successful Vendor from the responsibility of meeting the delivery requirement. RETURNED GOODS: The successful Vendor shall resolve all order and invoice discrepancies within five (5) business days from notification. Products returned due to quality issues, duplicate shipments, over-shipments, etc. shall be picked up by the successful Vendor within ten (10) business days of notification with no restocking or freight charges and shall be replaced with specified products or the agency shall be refunded/credited for the full purchase price. Unauthorized substitutions for any products are not allowed. Standard stock products ordered in error by the State of New Hampshire shall be returned for full credit within fifteen (15) business days of receipt. Products shall be in re-saleable condition (original container, unused) and there shall be no restocking fee charged for these products. The using agency shall be responsible for any freight charges to return these items to the successful Vendor. IMPORTANT CHECKLIST FOR COMPLIANT BIDS The historical “customary aggregate agreement” better known to some as the “Product of the Soils Agreement” has been updated over the course of the approximate 10 plus years since the bidding and RFQ’s took place for this commodity. In order to be classified as a “Contracted” Vendor for a Statewide “Aggregate” Supplied and/or Delivered Contract, one must participate in the bidding process providing a bid submission, to be later followed by the completion and submission of a P-37 and accompanied by required documentation (as noted above in the bid document in page 8 of 19). This bid document will form the “Statewide” purchasing contracts for all Aggregates purchased for supply (State will acquire from your location) and/or delivered by any submissions provided by participating vendors, constituting said vendors as contractors upon completion of bid, P-37 and other required document submissions. Vendor Responsibility and Addenda’s Pages 2 of 19 and 7 of 19 It is the prospective Vendor’s responsibility to forward a signed copy of any/all addendum(s) requiring the Vendor’s signature to the Bureau of Purchase and Property with the bid response or bid submission can be deemed non-compliant. Terms of Submission Page 3 of 19: A signed response signifies that any terms and/or conditions that may be or have been submitted by the Vendor are specifically null and void and are not a part of this bid invitation or any awarded purchase order, even if said terms and/or conditions contain language to the contrary. Offer Section and Balance of Product for Bid Page Revisions NO revision(s)or alterations of bid pages or published price lists or vendor quotes shall be accepted in lieu of authorized offer submittal page(s} or bid submission can be deemed non-compliant. Other related products may be provided under balance of product (see page 12 of 20) or added separately on additional pages or noted attachment(s), as well vendors published price lists (if available). Bid Prices Page 5 of 19: Special charges, surcharges (including credit card transaction fees) or load charges of any kind (by whatever name) may not be added on at any time. Any and all charges shall be built into your bid price at the time of the bid Freight on Board Page 5 of 19: F.O.B. Destination is applicable on delivered orders only Page 11 of 17 Contractor Initials ________ Date ________ OFFER: Vendor hereby offers to provide product to the State of New Hampshire as specified at the prices quoted below, in complete accordance with the general and detailed specifications included herewith. Offered product may include but are not limited to gravel, sand and stone. The items in either of the Offer Sections include the items most commonly purchased by State of New Hampshire agencies by either Cubic Yards or Ton and shall be used for award purposes. All product shall meet specifications and be in conformance with and as defined in the latest version of the NHDOT Standard Specifications for Road and Bridge Construction, Sections 304, 583 and 585, located at: www.nh.gov/dot/org/projectdevelopment/highwaydesign/specifications/index.htm Offer Sheets to be filled out shall be as follows. Be sure to fill out either Attachment 1 or Attachment 2 of which is most applicable per unit of measure for your location(s). Published price lists or vendor quotes shall not be accepted in place of Offer Sheets but may be attached separately in conjunction to offer sheets for additional posting information. Attachment 1 for UOM by Ton Or Attachment 2 for UOM by Cubic Yard Please only use Attachment A - Cubic Yard or Attachment B – Ton, for the Offer Section of offer submission regarding bidder preferred Unit of Measure (ton or per cubic yard). MULTIPLE PIT/QUARRY LOCATIONS: If multiple pit locations available, one offer sheet submittal page shall be filled out for each location and applicable price submission. Overall Discount Offered off of Current Market Pricing _______% Please attach any other product or services your location(s) may provide. THE FOLLOWING BALANCE OF PRODUCT IS ADDITIONAL INFORMATION: Not for consideration of award. VENDOR’S BALANCE OF PRODUCT LINE ITEMS: During the term of contract, the state may purchase other items in relation to Aggregates Delivered and/or Supplied from the successful Vendor’s Balance of Product Line. Product purchased off balance of product line(s) must offer equal to or greater than the percentage offered for the assigned categories on the main offer section. All products ordered shall include all shipping/delivery charges as specified above in “Bid Prices” unless delivery is outside the normal business delivery area. Balance of Products may include the following but are not limited to (Indicate below products offered with corresponding discount(s) or price(s)): Check Box  Discount % or  Price ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ http://www.nh.gov/dot/org/projectdevelopment/highwaydesign/specifications/index.htm Page 12 of 17 Contractor Initials ________ Date ________ DELIVERY LOCATIONS: If multiple pit locations available, please attach (separately) a current list of available pit/quarry locations/addresses for supply and/or delivery from; as well as a list of your facility contacts, applicable contact information (i.e., telephone number(s) and email address), normal operating hours and emergency operating hours (if applicable). For applicable delivery purposes, please provide an approximate delivery coverage location via the linked map (see link below) showing/highlighting radius wherein normal deliveries will be in compliance with Department of Transportation requirements and/or specifications. Please highlight NH District Map for approximate areas serviceable by your company and attach to your bid: https://www.nh.gov/dot/org/operations/highwaymaintenance/documents/DistrictEngineersMap-August2015.pdf INDICATE DELIVERY CHARGE PER MILE or UOM IF OUTSIDE NORMAL DELIVERY AREA: $________/mile/uom All orders must be delivered within the agreed upon timeframe. For large quantity orders, the above required delivery timeframe may be extended to the agreed upon date between the requesting agency and vendor. 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 Note: To be considered, bid shall be signed and notarized on front cover sheet in the space provided. https://www.nh.gov/dot/org/operations/highwaymaintenance/documents/DistrictEngineersMap-August2015.pdf Page 13 of 17 Contractor Initials ________ Date ________ ATTACHMENTS: The following attachments are an integral part of this bid invitation: Attachment A: Sample P-37 Form Attachment 1: Aggregates Offer Sheet per Ton Attachment 2: Aggregates Offer Sheet per Cubic Yard The Bid Opening is open to the public online at the following: Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 269 327 682 78 Passcode: hU4dTy Download Teams | Join on the web Join with a video conferencing device nhgov@m.webex.com Video Conference ID: 118 991 334 6 Alternate VTC instructions Or call in (audio only) +1 603-931-4944,,345913454# United States, Concord Phone Conference ID: 345 913 454# Find a local number | Reset PIN Learn More | Meeting options https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2FkZjY2ZjgtYzJiNS00NzhjLWEyZGItODkxYTVjODIwMzVl%40thread.v2/0?context=%7b%22Tid%22%3a%22992deae9-1c4c-42c8-a310-5088af55ba74%22%2c%22Oid%22%3a%22b5a3b0ae-3d49-4ff3-b4b9-a9e31b6d513d%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting https://www.webex.com/msteams?confid=1189913346&tenantkey=nhgov&domain=m.webex.com tel:+16039314944,,345913454#%20 https://dialin.teams.microsoft.com/f7a647af-ea74-46b0-81b7-19cbfe838a27?id=498601574 https://dialin.teams.microsoft.com/usp/pstnconferencing https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=b5a3b0ae-3d49-4ff3-b4b9-a9e31b6d513d&tenantId=992deae9-1c4c-42c8-a310-5088af55ba74&threadId=19_meeting_YmU5MWVjMzMtOWEzOC00MjUxLWI5MmUtMmQ2ZWQyZjQ3ZDJi@thread.v2&messageId=0&language=en-US Page 14 of 17 Contractor Initials ________ 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. ATTACHMENT A SAMPLE FORM TO BE COMPLETED UPON AWARD FORM NUMBER P-37 (version 12/11/2019) AGREEMENT The State of New Hampshire and the Contractor hereby mutually agree as follows: GENERAL PROVISIONS 1. IDENTIFICATION. 1.1 State Agency Name 1.2 State Agency Address 1.3 Contractor Name 1.4 Contractor Address 1.5 Contractor Phone Number 1.6 Account Number 1.7 Completion Date 1.8 Price Limitation 1.9 Contracting Officer for State Agency 1.10 State Agency Telephone Number 1.11 Contractor Signature Date: 1.12 Name and Title of Contractor Signatory 1.13 State Agency Signature Date: 1.14 Name and Title of State Agency Signatory 1.15 Approval by the N.H. Department of Administration, Division of Personnel (if applicable) By: Director, On: 1.16 Approval by the Attorney General (Form, Substance and Execution) (if applicable) By: On: 1.17 Approval by the Governor and Executive Council (if applicable) G&C Item number: G&C Meeting Date: Page 15 of 17 Contractor Initials ________ Date ________ 2. SERVICES TO BE PERFORMED. The State of New Hampshire, acting through the agency identified in block 1.1 (“State”), engages contractor identified in block 1.3 (“Contractor”) to perform, and the Contractor shall perform, the work or sale of goods, or both, identified and more particularly described in the attached EXHIBIT B which is incorporated herein by reference (“Services”). 3. EFFECTIVE DATE/COMPLETION OF SERVICES. 3.1 Notwithstanding any provision of this Agreement to the contrary, and subject to the approval of the Governor and Executive Council of the State of New Hampshire, if applicable, this Agreement, and all obligations of the parties hereunder, shall become effective on the date the Governor and Executive Council approve this Agreement as indicated in block 1.17, unless no such approval is required, in which case the Agreement shall become effective on the date the Agreement is signed by the State Agency as shown in block 1.13 (“Effective Date”). 3.2 If the Contractor commences the Services prior to the Effective Date, all Services performed by the Contractor prior to the Effective Date shall be performed at the sole risk of the Contractor, and in the event that this Agreement does not become effective, the State shall have no liability to the Contractor, including without limitation, any obligation to pay the Contractor for any costs incurred or Services performed. Contractor must complete all Services by the Completion Date specified in block 1.7. 4. CONDITIONAL NATURE OF AGREEMENT. Notwithstanding any provision of this Agreement to the contrary, all obligations of the State hereunder, including, without limitation, the continuance of payments hereunder, are contingent upon the availability and continued appropriation of funds affected by any state or federal legislative or executive action that reduces, eliminates or otherwise modifies the appropriation or availability of funding for this Agreement and the Scope for Services provided in EXHIBIT B, in whole or in part. In no event shall the State be liable for any payments hereunder in excess of such available appropriated funds. In the event of a reduction or termination of appropriated funds, the State shall have the right to withhold payment until such funds become available, if ever, and shall have the right to reduce or terminate the Services under this Agreement immediately upon giving the Contractor notice of such reduction or termination. The State shall not be required to transfer funds from any other account or source to the Account identified in block 1.6 in the event funds in that Account are reduced or unavailable. 5. CONTRACT PRICE/PRICE LIMITATION/ PAYMENT. 5.1 The contract price, method of payment, and terms of payment are identified and more particularly described in EXHIBIT C which is incorporated herein by reference. 5.2 The payment by the State of the contract price shall be the only and the complete reimbursement to the Contractor for all expenses, of whatever nature incurred by the Contractor in the performance hereof, and shall be the only and the complete compensation to the Contractor for the Services. The State shall have no liability to the Contractor other than the contract price. 5.3 The State reserves the right to offset from any amounts otherwise payable to the Contractor under this Agreement those liquidated amounts required or permitted by N.H. RSA 80:7 through RSA 80:7-c or any other provision of law. 5.4 Notwithstanding any provision in this Agreement to the contrary, and notwithstanding unexpected circumstances, in no event shall the total of all payments authorized, or actually made hereunder, exceed the Price Limitation set forth in block 1.8. 6. COMPLIANCE BY CONTRACTOR WITH LAWS AND REGULATIONS/ EQUAL EMPLOYMENT OPPORTUNITY. 6.1 In connection with the performance of the Services, the Contractor shall comply with all applicable statutes, laws, regulations, and orders of federal, state, county or municipal authorities which impose any obligation or duty upon the Contractor, including, but not limited to, civil rights and equal employment opportunity laws. In addition, if this Agreement is funded in any part by monies of the United States, the Contractor shall comply with all federal executive orders, rules, regulations and statutes, and with any rules, regulations and guidelines as the State or the United States issue to implement these regulations. The Contractor shall also comply with all applicable intellectual property laws. 6.2 During the term of this Agreement, the Contractor shall not discriminate against employees or applicants for employment because of race, color, religion, creed, age, sex, handicap, sexual orientation, or national origin and will take affirmative action to prevent such discrimination. 6.3. The Contractor agrees to permit the State or United States access to any of the Contractor’s books, records and accounts for the purpose of ascertaining compliance with all rules, regulations and orders, and the covenants, terms and conditions of this Agreement. 7. PERSONNEL. 7.1 The Contractor shall at its own expense provide all personnel necessary to perform the Services. The Contractor warrants that all personnel engaged in the Services shall be qualified to perform the Services, and shall be properly licensed and otherwise authorized to do so under all applicable laws. 7.2 Unless otherwise authorized in writing, during the term of this Agreement, and for a period of six (6) months after the Completion Date in block 1.7, the Contractor shall not hire, and shall not permit any subcontractor or other person, firm or corporation with whom it is engaged in a combined effort to perform the Services to hire, any person who is a State employee or official, who is materially involved in the procurement, administration or performance of this Agreement. This provision shall survive termination of this Agreement. 7.3 The Contracting Officer specified in block 1.9, or his or her successor, shall be the State’s representative. In the event of Page 16 of 17 Contractor Initials ________ Date ________ any dispute concerning the interpretation of this Agreement, the Contracting Officer’s decision shall be final for the State. 8. EVENT OF DEFAULT/REMEDIES. 8.1 Any one or more of the following acts or omissions of the Contractor shall constitute an event of default hereunder (“Event of Default”): 8.1.1 failure to perform the Services satisfactorily or on schedule; 8.1.2 failure to submit any report required hereunder; and/or 8.1.3 failure to perform any other covenant, term or condition of this Agreement. 8.2 Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions: 8.2.1 give the Contractor a written notice specifying the Event of Default and requiring it to be remedied within, in the absence of a greater or lesser specification of time, thirty (30) days from the date of the notice; and if the Event of Default is not timely cured, terminate this Agreement, effective two (2) days after giving the Contractor notice of termination; 8.2.2 give the Contractor a written notice specifying the Event of Default and suspending all payments to be made under this Agreement and ordering that the portion of the contract price which would otherwise accrue to the Contractor during the period from the date of such notice until such time as the State determines that the Contractor has cured the Event of Default shall never be paid to the Contractor; 8.2.3 give the Contractor a written notice specifying the Event of Default and set off against any other obligations the State may owe to the Contractor any damages the State suffers by reason of any Event of Default; and/or 8.2.4 give the Contractor a written notice specifying the Event of Default, treat the Agreement as breached, terminate the Agreement and pursue any of its remedies at law or in equity, or both. 8.3. No failure by the State to enforce any provisions hereof after any Event of Default shall be deemed a waiver of its rights with regard to that Event of Default, or any subsequent Event of Default. No express failure to enforce any Event of Default shall be deemed a waiver of the right of the State to enforce each and all of the provisions hereof upon any further or other Event of Default on the part of the Contractor. 9. TERMINATION. 9.1 Notwithstanding paragraph 8, the State may, at its sole discretion, terminate the Agreement for any reason, in whole or in part, by thirty (30) days written notice to the Contractor that the State is exercising its option to terminate the Agreement. 9.2 In the event of an early termination of this Agreement for any reason other than the completion of the Services, the Contractor shall, at the State’s discretion, deliver to the Contracting Officer, not later than fifteen (15) days after the date of termination, a report (“Termination Report”) describing in detail all Services performed, and the contract price earned, to and including the date of termination. The form, subject matter, content, and number of copies of the Termination Report shall be identical to those of any Final Report described in the attached EXHIBIT B. In addition, at the State’s discretion, the Contractor shall, within 15 days of notice of early termination, develop and submit to the State a Transition Plan for services under the Agreement. 10. DATA/ACCESS/CONFIDENTIALITY/ PRESERVATION. 10.1 As used in this Agreement, the word “data” shall mean all information and things developed or obtained during the performance of, or acquired or developed by reason of, this Agreement, including, but not limited to, all studies, reports, files, formulae, surveys, maps, charts, sound recordings, video recordings, pictorial reproductions, drawings, analyses, graphic representations, computer programs, computer printouts, notes, letters, memoranda, papers, and documents, all whether finished or unfinished. 10.2 All data and any property which has been received from the State or purchased with funds provided for that purpose under this Agreement, shall be the property of the State, and shall be returned to the State upon demand or upon termination of this Agreement for any reason. 10.3 Confidentiality of data shall be governed by N.H. RSA chapter 91-A or other existing law. Disclosure of data requires prior written approval of the State. 11. CONTRACTOR’S RELATION TO THE STATE. In the performance of this Agreement the Contractor is in all respects an independent contractor, and is neither an agent nor an employee of the State. Neither the Contractor nor any of its officers, employees, agents or members shall have authority to bind the State or receive any benefits, workers’ compensation or other emoluments provided by the State to its employees. 12. ASSIGNMENT/DELEGATION/SUBCONTRACTS. 12.1 The Contractor shall not assign, or otherwise transfer any interest in this Agreement without the prior written notice, which shall be provided to the State at least fifteen (15) days prior to the assignment, and a written consent of the State. For purposes of this paragraph, a Change of Control shall constitute assignment. “Change of Control” means (a) merger, consolidation, or a transaction or series of related transactions in which a third party, together with its affiliates, becomes the direct or indirect owner of fifty percent (50%) or more of the voting shares or similar equity interests, or combined voting power of the Contractor, or (b) the sale of all or substantially all of the assets of the Contractor. 12.2 None of the Services shall be subcontracted by the Contractor without prior written notice and consent of the State. The State is entitled to copies of all subcontracts and assignment agreements and shall not be bound by any provisions contained in a subcontract or an assignment agreement to which it is not a party. 13. INDEMNIFICATION. Unless otherwise exempted by law, the Contractor shall indemnify and hold harmless the State, its officers and employees, from and against any and all claims, liabilities and costs for any personal injury or property damages, patent or copyright infringement, or other claims asserted against the State, its officers or employees, which arise Page 17 of 17 Contractor Initials ________ Date ________ out of (or which may be claimed to arise out of) the acts or omission of the Contractor, or subcontractors, including but not limited to the negligence, reckless or intentional conduct. The State shall not be liable for any costs incurred by the Contractor arising under this paragraph 13. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved to the State. This covenant in paragraph 13 shall survive the termination of this Agreement. 14. INSURANCE. 14.1 The Contractor shall, at its sole expense, obtain and continuously maintain in force, and shall require any subcontractor or assignee to obtain and maintain in force, the following insurance: 14.1.1 commercial general liability insurance against all claims of bodily injury, death or property damage, in amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate or excess; and 14.1.2 special cause of loss coverage form covering all property subject to subparagraph 10.2 herein, in an amount not less than 80% of the whole replacement value of the property. 14.2 The policies described in subparagraph 14.1 herein shall be on policy forms and endorsements approved for use in the State of New Hampshire by the N.H. Department of Insurance, and issued by insurers licensed in the State of New Hampshire. 14.3 The Contractor shall furnish to the Contracting Officer identified in block 1.9, or his or her successor, a certificate(s) of insurance for all insurance required under this Agreement. Contractor shall also furnish to the Contracting Officer identified in block 1.9, or his or her successor, certificate(s) of insurance for all renewal(s) of insurance required under this Agreement no later than ten (10) days prior to the expiration date of each insurance policy. The certificate(s) of insurance and any renewals thereof shall be attached and are incorporated herein by reference. 15. WORKERS’ COMPENSATION. 15.1 By signing this agreement, the Contractor agrees, certifies and warrants that the Contractor is in compliance with or exempt from, the requirements of N.H. RSA chapter 281-A (“Workers’ Compensation”). 15.2 To the extent the Contractor is subject to the requirements of N.H. RSA chapter 281-A, Contractor shall maintain, and require any subcontractor or assignee to secure and maintain, payment of Workers’ Compensation in connection with activities which the person proposes to undertake pursuant to this Agreement. The Contractor shall furnish the Contracting Officer identified in block 1.9, or his or her successor, proof of Workers’ Compensation in the manner described in N.H. RSA chapter 281-A and any applicable renewal(s) thereof, which shall be attached and are incorporated herein by reference. The State shall not be responsible for payment of any Workers’ Compensation premiums or for any other claim or benefit for Contractor, or any subcontractor or employee of Contractor, which might arise under applicable State of New Hampshire Workers’ Compensation laws in connection with the performance of the Services under this Agreement. 16. NOTICE. Any notice by a party hereto to the other party shall be deemed to have been duly delivered or given at the time of mailing by certified mail, postage prepaid, in a United States Post Office addressed to the parties at the addresses given in blocks 1.2 and 1.4, herein. 17. AMENDMENT. This Agreement may be amended, waived or discharged only by an instrument in writing signed by the parties hereto and only after approval of such amendment, waiver or discharge by the Governor and Executive Council of the State of New Hampshire unless no such approval is required under the circumstances pursuant to State law, rule or policy. 18. CHOICE OF LAW AND FORUM. This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of New Hampshire, and is binding upon and inures to the benefit of the parties and their respective successors and assigns. The wording used in this Agreement is the wording chosen by the parties to express their mutual intent, and no rule of construction shall be applied against or in favor of any party. Any actions arising out of this Agreement shall be brought and maintained in New Hampshire Superior Court which shall have exclusive jurisdiction thereof. 19. CONFLICTING TERMS. In the event of a conflict between the terms of this P-37 form (as modified in EXHIBIT A) and/or attachments and amendment thereof, the terms of the P-37 (as modified in EXHIBIT A) shall control. 20. THIRD PARTIES. The parties hereto do not intend to benefit any third parties and this Agreement shall not be construed to confer any such benefit. 21. HEADINGS. The headings throughout the Agreement are for reference purposes only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 22. SPECIAL PROVISIONS. Additional or modifying provisions set forth in the attached EXHIBIT A are incorporated herein by reference. 23. SEVERABILITY. In the event any of the provisions of this Agreement are held by a court of competent jurisdiction to be contrary to any state or federal law, the remaining provisions of this Agreement will remain in full force and effect. 24. ENTIRE AGREEMENT. This Agreement, which may be executed in a number of counterparts, each of which shall be deemed an original, constitutes the entire agreement and understanding between the parties, and supersedes all prior agreements and understandings with respect to the subject matter hereof.

25 Capitol Street, State House Annex Concord, NH 03301-6398Location

Address: 25 Capitol Street, State House Annex Concord, NH 03301-6398

Country : United StatesState : New Hampshire

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Classification

ROAD AND HIGHWAY BUILDING MATERIALS (NOT ASPHALTIC)