CONTRACT: Underground and Aboveground Storage Tank Testing

Page 3 of 21 Contractor Initials_______ Date___________ A responding bid that has been completed and signed by your representative shall constitute your companys 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 vendors 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 States format. CONTRACT TERM: The term of the contract shall commence April 1, 2024, or upon execution by the Commissioner of the Department of Administrative Services, whichever is later (the effective date) and shall continue thereafter for a period of approximately three (3) years. The contract may be extended for up to an additional two (2) years 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. CONTRACT AWARD: The award shall be made to the Vendors meeting the criteria established in this RFB and providing the lowest cost per county section. The State reserves the right to reject any or all bids or any part thereof and add/delete items/locations to the contract. It is the States intent to make multiple awards based on the successful vendors location and the NH counties which they intend to provide services to. Awards shall be, in the form of a State of New Hampshire Contract. Successful Vendors shall not be allowed to require any other type of order, nor shall the successful Vendors 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 https://apps.das.nh.gov/bidscontracts/bids.aspx Page 4 of 21 Contractor Initials_______ Date___________ 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 clients 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 publics 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. 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 RFP; The State is not obligated to comply with a Bidders 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 Vendors. VENDOR CERTIFICATIONS: All Vendors shall be duly registered as a vendor authorized to conduct business in the State of New Hampshire. STATE OF NEW HAMPSHIRE VENDOR APPLICATION: To be eligible for a contract award, a Vendor must have a completed Vendor Application Package on file with the NH Bureau of Purchase and Property. See the following website for information on obtaining and filing the required forms (no fee: https://DAS.NH.Gov/Purchasing). NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: To be eligible for a contract award, a Vendor that is a corporation, limited liability company, or other limited liability business entity (this excludes sole proprietors and general partnerships) must be registered to conduct business in the State of New Hampshire AND in good standing with the NH Secretary of State. Please visit the following website to find out more about the requirements for registration with the NH Secretary of State: https://sos.nh.gov/corporation-division/. CONFIDENTIALITY & CRIMINAL RECORD: If Applicable, any employee or approved subcontractor of the Vendor who will be accessing or working with records of the State of New Hampshire shall be required to sign a Confidentiality and Non- Disclosure Agreement and a Release of Criminal Record Authorization Form. These forms shall be returned to the designated State agency prior to commencing any work. CERTIFICATE OF INSURANCE: Prior to being awarded a contract the Vendor shall be required to submit proof of comprehensive general liability insurance coverage prior to performing any services for the State. The coverage shall insure against all claims of bodily injury, death, or property damage in amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate. Coverage shall also include State of New Hampshire workers compensation insurance to the extent required by RSA Chapter 281-A. BID PRICES: Bid prices shall remain firm for the entire contract period and shall be in US dollars and shall include delivery and all other costs required by this bid invitation. Special charges, surcharges (including credit card transaction fees), or fuel charges of any kind (by whatever name) may not be added on at any time. Any and all charges shall be built into your bid price at the time of the bid. Unless otherwise specified, prices shall be F.O.B. DESTINATION, (included in the price bid), which means delivered to a state agency's https://das.nh.gov/Purchasing https://sos.nh.gov/corporation-division/ Page 5 of 21 Contractor Initials_______ Date___________ receiving dock or other designated point as specified in this contract or subsequent purchase orders without additional charge. Shipments shall be made in order to arrive at the destination at a satisfactory time for unloading during receiving hours. Per Administrative Rule 606.01(e) if there is a discrepancy between the unit price and the extension price in a response to an RFP, RFB or RFQ, the unit price shall be binding upon the vendor. Price decreases shall become effective immediately as they become effective to the general trade or the Vendors best/preferred customer. AUDITS AND ACCOUNTING: The successful Vendors 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 Vendors 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 Bureau of Procurement Services, James Poulin and sent electronic to James.M.Poulin@DAS.NH.Gov. At a minimum, the Report shall include: Contract Number Utilizing Agency and Eligible Participant Services Purchased (showing work detail, labor hours, and the final cost.) Total Cost of all Services Purchased. Ability to sort by agency/eligible participant. In Excel format ESTABLISHMENT OF ACCOUNTS: Each State of New Hampshire agency shall have its own individual customer account number. There may also be instances where divisions or bureaus within an agency will need their own individual customer account numbers. Should any State of New Hampshire agency place an order under the contract, the successful Vendors 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 Vendors. The State of New Hampshire assumes no liability between the successful Vendors and any of these entities. PAYMENT: Payments shall be made via ACH or Procurement Card (P-card = Credit Card) unless otherwise specified by the State of New Hampshire. Use the following link to enroll with the State Treasury for ACH payments: https://www.nh.gov/treasury/state- vendors/index.htm Eligible participants shall negotiate their own payment methods with the successful Vendor. INVOICING: Invoices shall be submitted to the corresponding State agency after completion of work. TERMS OF PAYMENT: Payment shall be made in full within thirty (30) days after receipt of the invoice and acceptance of the corresponding goods and/or services to the States satisfaction. https://www.nh.gov/treasury/state-vendors/index.htm https://www.nh.gov/treasury/state-vendors/index.htm Page 6 of 21 Contractor Initials_______ Date___________ VENDOR RESPONSIBILITY: The successful Vendors shall be solely responsible for meeting all terms and conditions specified in the bid, and any resulting contract. All State of New Hampshire bid invitations and addenda to such bid invitations are advertised on our website at https://apps.das.nh.gov/bidscontracts/bids.aspx. It is a prospective Vendors responsibility to access our website to determine any bid invitation under which the Vendor desires to participate. It is also the Vendors responsibility to access our website for any posted addenda. The website is updated several times per day; it is the responsibility of the prospective Vendor to access the website frequently to ensure that no bidding opportunity or addendum is overlooked. It is the prospective Vendors responsibility to forward a signed copy of any addendum requiring the Vendors signature to the Bureau of Purchase and Property with the bid response. In preparation of a bid response, the prospective Vendor shall: Provide pricing information as indicated in the Offer section; and Provide all other information required for the bid response (if applicable); and Complete the Vendor Contact Information section; and Complete the company information on the Transmittal Letter page, and sign under penalty of unsworn falsification in the space provided on that page. It is the responsibility of the Vendors to maintain any awarded contract and New Hampshire Vendor Registration with up to date contact information. Contract specific contact information (Sales contact, Contractor contract manager, etc.) shall be sent to the States Contracting Office listed in Box 1.9 of Form P-37. Additionally, all updates i.e., telephone numbers, contact names, email addresses, W9, tax identification numbers are required to be current through a formal electronic submission to the Bureau of Purchase and Property at: https://www.das.nh.gov/purchasing/vendorresources.aspx. IF AWARDED A CONTRACT: The successful Vendor shall complete the following sections of Appendix A (Agreement State of New Hampshire Form #P-37): Section 1.3 Contractor Name Section 1.4 Contractor Address Section 1.11 Contractor Signature Section 1.12 Name & Title of Contractor Signatory (if Vendor is not a sole proprietor) Provide certificate of insurance indicating the coverage amounts required by Section 14 of the Form Number P-37. Provide proof of sufficient workers compensation insurance coverage or evidence of exemption from RSA Chapter 81-A. If the successful Vendor is a corporation, limited liability company, or other limited liability business entity, then provide a certificate of good standing issued by the NH Secretary of State or, for a newly incorporated, formed, or registered entity, a copy of the appropriate registration document certified by the NH Secretary of State. SPECIFICATIONS: Complete specifications required are detailed in the SCOPE OF SERVICES section of this bid invitation. In responding to the bid invitation, the prospective Vendors shall address all requirements for information as outlined herein. SCOPE OF SERVICES: Vendors shall supply all labor, tools, transportation, materials, equipment and permits as necessary and required to perform services as described herein. The Vendors will work on an on-call basis and will be available to provide work schedules to the State within five (5) business days of the request and test equipment as outlined in Sections 02101 through 02103 within fifteen (15) days of this request. All work performed under this contract shall be conducted in accordance with the State of New Hampshire, Department of Environmental Services (NHDES) Underground Storage Tank Facilities (Env-Or 400), Aboveground Storage Tank Facilities (Env- Or 300), Recovery of Gasoline Vapors (Env-Or 500), and other applicable Federal and State regulations (or latest versions). All tasks https://apps.das.nh.gov/bidscontracts/bids.aspx https://www.das.nh.gov/purchasing/vendorresources.aspx Page 7 of 21 Contractor Initials_______ Date___________ described herein shall be completed by International Code Council (ICC) certified testers, as appropriate. The Vendor shall provide a list of all certifications and certified personnel (name, ICC#, etc.) intended to work under this RFB for approval by the State. Only personnel on the State approved list can perform work under this RFB. New personnel and sub-contractors can be added to the approved list only with prior written approval by the State. The Vendor shall submit to the State a written health and safety program manual within twenty-one (21) days of the award. This program manual shall include, but not necessarily limited to, company safety policies, safe work practices, emergency procedures and contact information, standard forms and checklists, and recent company safety statistics. These statistics shall include the Vendors most recent Experience Modification Rate (EMR) and Total Recordable Incident Rate (TRIR). If the Vendors reported EMR or TRIR are significantly higher than industry averages, the State reserves the right to require the Vendor submit additional safety information or put additional safety procedures in place while working on State projects. In addition, the Vendor shall prepare a project specific site Health and Safety Plan (HASP). When applicable, the HASP shall be prepared in accordance with Occupational Safety and Health Administration (OSHA) requirements. The plan shall include all State site specific safety policies and procedures. All Vendor site personnel will be required to read and sign the HASP. The plan shall include, but not be limited to, the following: All applicable safety rules and regulations; Site and task specific emergency procedures; and The use of equipment and procedures for testing to ensure a vapor-free working environment. The Vendor shall conduct and document daily safety meetings. Safety rules may not cover every job situation. Good judgment by the Vendor will dictate any additional precautions as necessary. The Vendor shall be knowledgeable in the mechanical and electrical operation of fuel transfer and dispensing equipment and be responsible for taking appropriate safety precautions before beginning any work on fuel systems, to include but not limited to the following fire code requirements: Shut off all electrical power to dispensing devices, the pump servicing the dispenser, and to all associated control circuits at the main electrical disconnect; Close the emergency shutoff valve for the product line below the dispense; Relieve the pressure on the dispenser by depressing the nozzle trigger and emptying residual hose contents into a safety container; and Prevent all vehicle traffic and unauthorized persons from coming within twenty (20) feet of the dispensing device(s). The Vendor shall provide, erect, and maintain all necessary barricades for safety and protection of pedestrian and vehicular traffic during construction involving excavations, holes, electrical equipment, pumps, piping, tanks, etc. The Vendor shall be responsible for the removal of any waste products generated during the testing process, in accordance with State and Federal regulations. The Vendor shall contact the State Agency to discuss waste disposal options should any residual fuels or sludge be generated as part of the work. No waste fuel shall be disposed of until a determination has been made regarding the appropriate disposal method. 1. Section 02101 Annual Leak Monitoring Testing Section includes: Description; Testing Specifications; and Reporting. 1.1. Description This section provides standard specifications and protocols for conducting annual leak monitor testing for underground and aboveground storage tank (UST & AST) systems with secondary containment. 1.2. Testing Specifications NHDES Underground Storage Tank Facilities Env-Or 400 and Aboveground Storage Tank Facilities ENV-Or 300 requires that all UST & AST leak monitoring equipment be tested annually. Tank leak monitor testing at State facilities shall be conducted in accordance with Env-Or 406.13, Env-OR 306.12, and manufacturers recommendations. All testers shall be properly trained and manufacturer certified to conduct testing and must verify that the leak monitoring equipment is functioning in accordance with the original design parameter and within manufacturers requirements. Page 8 of 21 Contractor Initials_______ Date___________ Annual leak monitor tests shall verify, at a minimum, the following conditions: Leak monitor console assignments are correctly programmed and labeled. Included shall be verification that the NHDES required sensor or probe legend is posted at the monitoring console and correct; Tank and piping sensors or probes are present and positioned in accordance with manufacturers requirements; Brine level in the interstitial space is within the manufacturers operating range (if applicable); All secondary containment is free of debris, water, and regulated substance; All sensors or probes are in good condition, inspected, manually tested, confirmed operational; Audible alarms are present and operational; Visual alarms are present and operational. Where installed, the proper operation of remote annunciator strobe lights shall be verified; Verify that the communication system, for example a modem, is operational for leak monitoring systems and will relay alarms to appropriate personnel and/or remote location(s) (if applicable); and All secondary containment is continuously monitored (if applicable). 1.3. Reporting The Vendor shall submit the qualifications of the technicians performing the leak monitor testing within three (3) days of an authorization to proceed and in all cases before beginning any work. Annual leak monitoring test results for State UST systems shall be reported on NHDES Annual Leak Monitoring and Overfill Protection Test Form for Underground or Aboveground Storage Tank Systems, or another representative form that includes the information required by Env-Or 406.07 and 306.12 (f). The forms shall be completed in their entirety and ready for submittal to the NHDES. The Vendor shall confirm that the tank numbers reported on these forms are in agreement with active tank numbers as they are recorded in NHDES One Stop Data and Information System. The State shall be provided with all forms signed by the certified technician that performed the work per system tested within fifteen (15) days of the date of the test(s). The State will submit all forms to the NHDES within thirty (30) days of the date of the test(s) per Env-Or 400. Any testing that results in the finding of an Unusual Operating Condition as defined in Env-Or 402.71 or Env-Or 302.57, shall be reported to the State Agency by e-mail and telephone within twelve (12) hours of discovery. 2. Section 02102 Overfill Prevention Device Testing Section includes: Description; Testing Specifications; and Reporting 2.1. Description This section provides standard specifications and protocols for conducting overfill prevention device testing for UST & AST systems. 2.2 Testing Specifications NHDES Underground Storage Tank Facilities Env-Or 400 requires that all UST overfill prevention devices be tested triennially. Aboveground Storage Tank Facilities Env-Or 300 requires that all AST overfill prevention devices be tested annually. Overfill prevention device testing at State tank facilities shall be conducted in accordance with Env-Or 406.11 or Env-Or 306.12, and manufacturers recommendations. All testers shall be properly trained and manufacturer certified to conduct testing and must verify that the overfill prevention device is functioning in accordance with the original design parameters and within manufacturers requirements. Overfill prevention device tests shall verify, at a minimum, the following conditions: Overfill model number and manufacturers name; Test results; The overfill console, if equipped, is correctly programmed and labeled; The overfill device tank sensor/probe is positioned in accordance with the activation height requirements of Env-Or 405.06 (c), or Env-Or 305.11 (c) and manufacturers requirements; Page 9 of 21 Contractor Initials_______ Date___________ The overfill device sensor/probe was visually inspected and confirmed operational by manually simulating an overfill condition per NHDESs rules and manufacturers requirements; The audible alarm, if equipped, is operational and can be heard by delivery person; and The visual alarm, if equipped, is operational and can be seen by delivery person. 2.3 Reporting The Vendor shall submit the qualifications of the technicians performing the overfill prevention device testing within three (3) days of an authorization to proceed and in all cases before beginning any work. Overfill prevention device test results for State UST systems shall be reported on a NHDES form or another representative form that includes the information required by Env-Or 406.07 and 306.12 (f). The forms shall be completed in their entirety and ready for submittal to the NHDES. The Vendor shall confirm that the tank numbers reported on these forms are in agreement with the active tank numbers as they are recorded in NHDES One Stop Data and Information System. The State shall be provided with all forms signed by the certified technician that performed the work per system tested within fifteen (15) days of the date of the test(s). The State will submit all forms to the NHDES within thirty (30) days of the date of the test(s) per Env-Or 400. Testing that results in the finding of a overfill prevention device failure, shall be reported to the State Agency by e-mail or telephone within twelve (12) hours of discovery. 3. Section 02103 Tightness Testing and Reporting Section includes: Description; General Tightness Testing Specifications; Tank Tightness Testing Specifications; Piping Tightness Testing Specifications; Sump Tightness Testing Specifications; Spill Containment Integrity Testing Specifications; and Reporting. 3.1. Description This section provides standard specifications and protocols for tightness testing UST, piping primary and/or secondary, containment sumps*, and spill containment at State facilities. Tightness testing activities included in this section shall include all labor and materials required to conduct a complete tightness test and preparation of State required reporting documentation. The Containment Sump may also be referred to as a sump, piping sump, transition sump, intermediate sump, dispenser sump, under dispenser sump, under dispenser containment, or piping vault. 3.2 General Tightness Testing Specifications Specific NHDES citations for tightness testing listed in 02103-3.3 through 02103-3.7 shall apply to the test(s) required until an unusual operating condition appears and/or is detected, or a tightness test failure occurs then any further testing shall be done in accordance with section 3.7.5 below. Tightness testing for a UST system or system component(s) shall be in accordance with NHDES Underground Storage Tank Facilities Env -Or 406, and manufacturers requirements. A failed tightness test requires the Vendor to follow Env-Or 406.14 and perform the proper notifications. 3.3. Tank Tightness Testing Specifications, to include all piping The Vendor shall conduct tank tightness testing in accordance with NHDES Underground Storage Tank Facilities Env-Or 406.17 and manufacturers requirements, or other approved test method. Tank tightness shall be conducted by a manufacturer certified technician in accordance with State regulations. The Vendor shall maintain current certifications and shall supply the State with copies of manufacturer certifications upon award of this contract. Prior to conducting tank tightness testing, the Vendor shall isolate the tank from the systems piping. Tank tightness tests shall be capable of detecting a system leak rate of at least 0.10 gallon per hour with a probability of detection of 0.95 and probability of false alarm of 0.05. A test result of 0.10 gallon per or greater shall indicate a tank tightness test failure. In the event that a tank fails tightness testing, the Vendor shall notify the State Agency immediately. Page 10 of 21 Contractor Initials_______ Date___________ The Vendor shall use the following recommended testing protocols, unless alternative protocols are approved by the State: Unleaded Gasoline the pressure decay test is acceptable as specified in Env-Or 504.10(a)(2) and Env-Or 504.10(b); Diesel shall use a test method as specified in Env-Or 406.11, an Estabrook tightness test is recommended 3.4. Piping Tightness Testing Specifications, no tank testing involved The Vendor shall conduct piping tightness testing in accordance with NHDES Underground Storage Tank Facilities Env-Or 405.16 and Above Ground Storage Tank Facilities Env-Or 306.09, and manufacturers requirements, or other approved test method. Piping tightness testing shall be conducted by a manufacturer certified technician in accordance with State regulations. The Vendor shall maintain current certifications and shall supply the State Agency with copies of manufacturer certifications upon award of this contract. Prior to conducting UST piping tightness testing, the Vendor shall isolate the piping from the tank and, if applicable, the dispensers. Piping tightness shall be capable of detecting a system leak rate of at least 0.10 gallon per hour at 1.5 times the operating pressure. Piping tightness testing shall be conducted with a probability of leak detection of 0.95 and a probability of false alarm of 0.05. A test result of 0.10 gallon per hour or greater shall indicate a piping tightness test failure. In the event that a piping line fails tightness testing, the Vendor shall notify the State agency immediately. Prior to conducting UST piping tightness testing, the Vendor shall isolate the piping from the tank and, if applicable, the dispensers. Piping tightness shall be conducted in accordance with NFPA 30 for all piping that is underground. 3.5. Sump Tightness Testing Specifications The Vendor shall conduct sump tightness in accordance with NHDES Underground Storage Tank Facilities Env-Or 406.14 and Env-Or 406.15 and manufacturers recommendations, or other approved test method. Sump tightness testing shall be conducted by a certified tank installer in accordance with State regulations. The Vendor shall maintain current tank installer certifications and shall supply the State with copies of the certifications upon award of this contract. When conducting a hydrostatic sump tightness test, the Vendor shall fill the sump with an approved testing liquid to a level that is within one (1) inch of the top of the sump. The Vendor shall record liquid level measurements in accordance with manufacturers recommendations for a minimum of three (3) hours. Piping sumps shall be tested without the sensors being submerged for an extended period of time. A loss of any amount of liquid from the sump during the test shall be considered a tightness failure. In the event that a tank sump fails hydrostatic tightness testing, the Vendor shall notify the State Agency immediately. When conducting a vacuum sump tightness test, the Vendor shall clean inside of sump and ensure it is completely dry, ensure manway lid connection is tight and all pipework is sealed. If the chamber is bolted to a tank up-stand, ensure the bolts are tightened to the correct torque. Sumps shall be tested to manufacturers specifications for vacuum testing. All sumps actively in use (product in the tank and the site is pumping fuel) shall be vented from a minimum of ten (10) minutes before the vacuum test can begin. A loss of any amount of vacuum from the sump and/or vacuum monitoring equipment indicates a test failure during the test and shall be considered a tightness failure. In the event that a tank sump fails vacuum tightness testing, the Vendor shall notify the State Agency immediately. 3.6. Spill Containment Integrity Testing Specifications The Vendor shall conduct spill containment integrity tightness testing for all spill containment equipment with or without secondary containment and leak monitoring in accordance with NHDES Underground Storage Tank Facilities Env-Or 406.12 and manufacturers requirements, or other approved testing method. Spill containment integrity testing shall be conducted by a certified tank installer in accordance with State regulations. The Vendor shall maintain current tank installer certifications and shall supply the State with copies of the certifications upon award of this contract. When conducting a spill containment integrity test, the Vendor shall fill the spill containment/bucket with an approved testing liquid to a level that is to the top of the spill bucket. The Vendor shall record liquid level measurements in accordance with manufacturers recommendations for a minimum of one (1) hour. A loss of any amount of liquid from the spill bucket during the test shall be considered an integrity failure. Page 11 of 21 Contractor Initials_______ Date___________ 3.7. Reporting The Vendor shall submit the qualifications of the technicians performing the tightness testing with three (3) days of an authorization to proceed and in all cases before beginning any work. The Vendor shall provide the State with results/testing documentation no than fifteen (15) days after the test was conducted. Testing reports shall be prepared in accordance with Env-Or 406.07 or Env-Or 306.09 (e) and shall include at a minimum the following: Facility name, location, and registration number; Test type and tanks or systems tested; Testing procedures and duration time; Copies of field technicians testing records; Testing completion date and time; and Test results signed by the certified technician that performed the work. 3.7.1. Tank Tightness Testing Reporting Tank tightness test results for State UST systems shall be reported on a NHDES Tank and Piping Tightness Testing Form for AST and UST Systems, or another representative form that includes the information required by Env-Or 406.07. The forms shall be completed in their entirety and ready for submittal to NHDES. The Vendor shall confirm that the tank numbers reported on these forms are in agreement with the active tank numbers as they are recorded in NHDES One Stop Data and Information System. The State shall be provided with all forms signed by the certified technician that performed the work per system tested within fifteen (15) days of the date of the test(s). The State will submit all forms to NHDES within thirty (30) days of the date of the test(s) per Env-Or 400. 3.7.2. Piping Tightness Testing Reporting Piping tightness test results for State UST systems shall be reported on a NHDES Tank and Piping Tightness Testing Form for AST and UST Systems, or another representative form that includes the information required by Env-Or 406.07 or Env-Or 306.09 (e). The forms shall be completed in their entirety and ready for submittal to the NHDES. The Vendor shall confirm that the tank numbers reported on these forms are in agreement with the active tank numbers as they are recorded in NHDES One Stop Data and Information System. The State shall be provided with all forms signed by the certified and Information System. The State shall be provided with all forms signed by the certified and Information System. The State shall be provided with all forms signed by the certified technician that performed the work per system tested within fifteen (15) days of the date of the test(s). The State will submit all forms to the NHDES within thirty (30) days of the date of the test(s) per Env-Or 400. 3.7.3. Sump Tightness Testing Sump tightness test results for State UST systems shall be reported on a NHDES Triennial Containment Sump Integrity Test Form for Underground Storage Tank Systems form, or another representative form that includes the information required by Env-Or 406.14 (f). The forms shall be completed in their entirety and ready for submittal to the NHDES. The Vendor shall confirm that the tank numbers reported on these forms are in agreement with the active tank numbers as they are recorded in NHDES One Stop Data and Information System. The State shall be provided with all forms signed by the certified technician that performed the work per system tested within fifteen (15) days of the date of the test(s). The State will submit all forms to the NHDES within thirty (30) days of the date of the test(s) per Env-Or 400. 3.7.4. Spill Containment Integrity Testing Spill containment integrity tightness test results for State UST systems shall be reported on a NHDES Triennial Spill Containment Integrity Test Form for Underground Storage Tank Systems form, or another representative form that includes the information required by Env-Or 406.12(i). The forms shall be completed in their entirety and ready for submittal to the NHDES. The Vendor shall confirm that the tank numbers reported on these forms are in agreement with the active tank numbers as they are recorded in NHDES One Stop Data and Information System. The State shall be provided with all forms signed by the certified technician that performed the work per system tested within fifteen (15) days of the date of the test(s). The State will submit all forms to the NHDES within thirty (30) days of the date of the test(s) per Env-Or 400. Page 12 of 21 Contractor Initials_______ Date___________ Testing that results in the finding of a spill containment failure, shall be reported to the State Agency by e-mail or telephone within twelve (12) hours of discovery. 3.7.5. Unusual Operating Conditions Any testing that results in the finding of an Unusual Operating Condition as defined in Env-Or 402.71 or Env-Or 302.57, shall be reported to the State Agency by e-mail or telephone within twelve (12) hours of discovery. Examples of unusual operating conditions (Env-Or 406.04(b) or 306.07 (a)) shall include but are not limited to: Erratic behavior of dispensing equipment, the stage I system or stage II system, or overfill protection equipment; Water gain or loss in a tank, sump, or system component that might indicate a problem with system tightness; A monitoring system indicates that a leak might have occurred; Petroleum vapors or vapors of a hazardous substance are detected near the UST system; The UST vent stack, is bent or angled from the vertical position; Visual evidence of system component deterioration is present; The UST system is overfilled; and Any other evidence that a UST system is not liquid or vapor tight. Once an unusual operating condition is discovered all testing will stop on the particular UST system, the system will be returned to pre-testing condition, and the State Agency shall be notified of the issue(s). The Contractor shall report the issue(s) on the correct form and submit to the State Agency, along with an invoice for the standard testing fee associated with the testing when the discovery occurred. If subsequent testing is necessary after suitable repairs have been made, then it is incumbent on the State Agency to re-engage for follow-up testing per the stated contract. 4. Section 02104 Stage I and Stage II Inspection and Testing Section includes: Description: Inspection Specifications; Testing Specifications; and Reporting. 4.1. Annual Stage I Maintenance Inspection NHDES Recovery of Gasoline Vapors Env-Or 500 requires that all Stage I equipment be inspected annually. Stage I inspections at State UST facilities shall be conducted in accordance with Env-Or 504.06 and manufacturers recommendations. All inspectors shall be properly trained in Stage I systems and must verify that the vapor recovery equipment is functioning in accordance with the original design function and within manufacturers requirements. 4.2. Stage I Testing Specifications NHDES Recovery of Gasoline Vapors Env-Or 500 requires that all Stage I equipment must be tested when two (2) monthly maintenance inspections have not been completed, the annual maintenance inspection has not been completed or the Stage I system is not operating properly. Stage I testing at State UST facilities shall be conducted in accordance with Env-Or 504.07 & Env-Or 504.08 and manufacturers recommendations. All testers shall be certified to perform the tests on Stage I systems and must verify that the vapor recovery equipment is functioning in accordance with the original design function and within manufacturers requirements. The Vendor shall coordinate a schedule with the requesting Agency, such that the Agency will notify NHDES at least seven (7) working days prior to performing the test of the planned test date, test time. All Stage I Testing will follow Section 02103 Tightness Testing and Reporting, provision 3.3 Tank Tightness Testing Specifications protocols and be invoiced as if a provision 3.3 test was performed. 4.3.Pressure Decay and Pressure/Vacuum Vent Cap Testing (Stage II) NHDES Recovery of Gasoline Vapors Env-Or 500 requires that all decommissioned Stage II sites must continue to comply with the pressure decay and PV vent cap pressure and vacuum testing requirements of Env-Or 505.10 through Env-Or 505.12 for all equipment that remains in place. Pressure decay and pressure/vacuum vent cap testing at State tank Page 13 of 21 Contractor Initials_______ Date___________ facilities shall be conducted in accordance with Env-Or 504.10 and manufacturers recommendations. All testers shall be certified to perform the tests on Stage II systems and must verify that the vapor recovery equipment is functioning in accordance with the original design function and within manufacturers requirements. The Vendor shall coordinate a schedule with the requesting Agency, such that the Agency will notify NHDES in writing at least seven (7) days prior to performing the test of the planned test date, test time. 4.4.Reporting 4.4.1. Annual Stage I Maintenance Inspection Reporting Stage I inspection results for State vapor recovery systems shall be reported on NHDES Yearly Maintenance Inspections of Vapor Recovery System for AST/UST Gasoline Dispensing Facilities as appropriate, or another representative form that includes the information. The form shall be completed in its entirety and ready for submittal to the NHDES. The Vendor shall confirm that the tank numbers reported on these forms are in agreement with the active tank numbers as they are recorded in NHDES One Stop Data and Information System. The State Agency shall be provided within all forms signed by the certified technician that performed the work per system tested within fifteen (15) days of the date of the inspection(s). The State will submit all forms to the NHDES within thirty (30) days of the date of the test(s) per Env-Or 500. 4.4.2. Stage I Testing Reporting Stage I testing results for State UST systems shall be reported as if a provision 3.3 test was performed using the respective form and also includes the information required by Env-Or 506.03(a-d). The forms shall be completed in their entirety and ready for submittal to the NHDES. The Vendor shall confirm that the tank numbers reported on these form are in agreement with the active tank numbers as they are recorded in NHDES One Stop Data and Information System. The State shall be provided with all forms signed by the certified technician that performed the work per system tested within fifteen (15) days of the date of the test(s). The State will submit all forms to the NHDES within thirty (30) days of the date of the test(s) per Env-Or 500. 4.4.3. Pressure/Vacuum Vent Cap Testing Reporting Pressure/vacuum vent cap/Stage II test results for State UST Systems shall be reported on a NHDES Stage II System Testing Documentation Form, or another representative form. The forms shall be completed in their entirety and ready for submittal to the NHDES. The Vendor shall confirm that the tank numbers reported on these forms are in agreement with the active tank numbers as they are recorded in NDHES One Stop Data and Information System. The State shall be provided with all forms signed by the certified technician that performed the work per system tested within fifteen (15) days of the date of the test(s). The State will submit all forms to the NHDES within thirty (30) days of the date of the test(s) per Env-Or 500. Any testing that results in the finding of an Unusual Operating Condition as defined in Env-Or 402.71, shall be reported to the State Agency by e-mail and telephone within twelve (12) hours of discovery. Refer to Section 02103 Tightness Testing and Reporting, provision 3.7.5 Unusual Operating Conditions Specifications protocols for direction regarding this situation. 5. Section 02105 Line Leak Detector Testing Section includes: Description; Testing Specifications; and Reporting. 5.1. Description This section provides standard specifications and protocols for automatic line leak detector testing for pressurized UST & AST piping. Line leak detector testing activities included in this section shall include all labor and materials required to conduct a complete leak detector test and preparation of State required reporting documentation. Page 14 of 21 Contractor Initials_______ Date___________ 5.2. Automatic Line Leak Detector Testing Specifications NHDES Underground Storage Tank Facilities Env-Or 400 and Aboveground Storage Tank Facilities Env-Or 300 requires that all UST automatic line leak detectors be tested annually. Line leak detector testing at State facilities shall be conducted in accordance with Env-Or 406.09, or Env-Or 306.12 (d), and manufacturers recommendations. All testers shall be properly trained and manufacturer certified to conduct testing and must verify that the line leak detector is functioning in accordance with the original design parameters and within manufacturers requirements. Line Leak Detector restricts or stops the flow of the stored substance and triggers an audible or visual alarm upon detecting a leak at a rate equivalent to 3 gallons per hour at a pressure of 10 pounds per square inch line pressure; Annual line leak detector tests shall verify, at a minimum, any failure indicated by a leak rate of greater than 3 gallons per hour at a pressure of 10 pounds per square inch line pressure within one hour; and All audible and visual alarms designed to indicate a line leak detection are working as Designed. 5.3. Reporting The Vendor shall submit the qualifications of the technicians performing the leak monitor testing within three (3) days of an authorization to proceed and in all cases before beginning any work. Annual line leak detector test results for State UST systems shall be reported on NHDES Annual Line Leak Detector Test Form for Aboveground and Underground Storage Tank Systems, or another representative form that includes the information required by Env-Or 406.07, or Env-Or 306.09 (e), test locations, and test results. The forms shall be completed in their entirety and ready for submittal to the NHDES. The Vendor shall confirm that the tank numbers reported on these forms are agreement with active tank numbers as they are recorded in NHDES One Stop Data and Information System. The State shall be provided with all forms signed by the certified technician that performed the work per system tested within fifteen (15) days of the date of the test(s). The State will submit all forms to the NHDES within thirty (30) days of the date of the test(s) per Env-Or 400. ADDITIONAL REQUIREMENTS: Unless otherwise stated in the Scope of Services, all services performed under this Contract shall be performed between the hours of 8:00 A.M. and 4:00 P.M. for State business days, unless other arrangements are made in advance with the State. Any deviation in work hours shall be pre-approved by the Contracting Officer. The State requires ten-day advance knowledge of said work schedules to provide security and access to respective work areas. No premium charges shall be paid for any off-hour work. The Vendor shall not commence work until a conference is held with each agency, at which representatives of the Vendor and the State are present. The conference shall be arranged by the requesting agency (State). The State shall require correction of defective work or damages to any part of a building or its appurtenances when caused by the Vendors employees, equipment or supplies. The Vendor shall replace in satisfactory condition all defective work and damages rendered thereby or any other damages incurred. Upon failure of the Vendor to proceed promptly with the necessary corrections, the State may withhold any amount necessary to correct all defective work or damages from payments to the Vendor. The work staff shall consist of qualified persons completely familiar with the products and equipment they shall use. The Contracting Officer may require the Vendor to dismiss from the work such employees as deems incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment on the work is deemed to be contrary to the public interest or inconsistent with the best interest of security and the State. The Vendor or their personnel shall not represent themselves as employees or agents of the State. While on State property, employees shall be subject to the control of the State, but under no circumstances shall such persons be deemed to be employees of the State. All personnel shall observe all regulations or special restrictions in effect at the State Agency. The Vendors personnel shall be allowed only in areas where services are being performed. The use of State telephones is prohibited. If sub-contractors are to be utilized, please include information regarding the proposed sub-contractors including the name of the company, their address, contact person and three references for clients they are currently servicing. Approval by the State must be received prior to a sub-contractor starting any work. Page 15 of 21 Contractor Initials_______ Date___________ WARRANTY REQUIREMENTS: The successful Vendors shall be required to provide warranties on all services provided by the Vendor for a period of not less than five years or the manufacturers standard warranty period, whichever is greater, commencing on the date that the equipment is received, inspected, and accepted by the State of New Hampshire. The warranty shall cover 100% of repair or replacement costs, including all parts, shipping, labor, travel, lodging, and expenses. OBLIGATIONS AND LIABILITY OF THE VENDOR: The successful Vendors shall perform all work and furnish all materials, tools, equipment and safety devices necessary to perform the requested services in the manner and within the time hereinafter specified. The Vendors shall provide said services to the satisfaction of the State and in accordance with the specifications and at the price set forth herein. All work to be performed and all equipment to be furnished pursuant to the Scope of Services included herein shall be performed and furnished in strict accordance with the specifications included herein, the terms of any contract awarded as a result of this solicitation, any associated contract drawings, and the directions of State representatives as may be given from time to time while the work is in progress. The successful Vendors shall take full responsibility for the work to be performed pursuant to the Scope of Services included herein; for the protection of said work; and for preventing injuries to persons and damage to property and utilities on or about said work. The Vendor shall in no way be relieved of such responsibility by any authority of the State to give permission or issue orders relating to any part of the work, by any such permission given or orders issued, or by any failure of the State to give such permission or issue such orders. The successful Vendors shall bear all losses accruing to the Vendor as a result of the amount, quality, or character of the work required, or because the nature or characteristics of the work location is different from what the Vendor estimated or expected, or due to delays or other complications caused by the weather, elements, or other natural causes. The successful Vendors agrees that any damage or injury to any buildings, materials, equipment, or other property resulting from the Vendors performance of the requested services shall be repaired at the Vendors own expense so that such buildings, materials, equipment, or other property are satisfactorily restored to their prior condition. NON-EXCLUSIVE CONTRACT: Any resulting Contract from this RFB will be a non-exclusive Contract. The State reserves the right, at its discretion, to retain other Contractors to provide any of the Services or Deliverables identified under this procurement or make an award by item, part or portion of an item, group of items, or total Proposal. OFFER: Vendor hereby offers to perform the services to the State of New Hampshire as specified at the prices quoted below, in complete accordance with the general and detailed specifications included herewith. 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 Contract Price. See Attachment 1: Offer Sheet VENDORS BALANCE OF PRODUCT LINE ITEMS: The items in the Offer Section include the items most commonly purchased by State of New Hampshire agencies and shall be used for award purposes. During the term of contract, the State may purchase other items that relate to the product/categories represented herein from the successful Vendors Balance of Product Line. All items ordered shall include all shipping/charges as specified above in Bid Prices. 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 __________________________________________ _______ _________________________________________________________ Page 16 of 21 Contractor Initials_______ Date___________ Vendor Company Name Vendor Address ATTACHMENTS: The following attachments are an integral part of this bid invitation: Attachment 1: Offer Sheet 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: 225 625 770 689 Passcode: stWoix Download Teams | Join on the web Join with a video conferencing device nhgov@m.webex.com Video Conference ID: 118 099 636 7 Alternate VTC instructions Or call in (audio only) +1 603-931-4944,,142895340# United States, Concord Phone Conference ID: 142 895 340# Find a local number | Reset PIN Learn More | Meeting options https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmViZDU2ZmMtNDcyYy00NmVlLWE1OWMtNjU3NWExNzA4N2U1%40thread.v2/0?context=%7b%22Tid%22%3a%22992deae9-1c4c-42c8-a310-5088af55ba74%22%2c%22Oid%22%3a%2260660cdd-0b73-4da5-81eb-e4f3125ec59d%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=1180996367&tenantkey=nhgov&domain=m.webex.com tel:+16039314944,,142895340 https://dialin.teams.microsoft.com/f7a647af-ea74-46b0-81b7-19cbfe838a27?id=142895340 https://dialin.teams.microsoft.com/usp/pstnconferencing https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=60660cdd-0b73-4da5-81eb-e4f3125ec59d&tenantId=992deae9-1c4c-42c8-a310-5088af55ba74&threadId=19_meeting_ZmViZDU2ZmMtNDcyYy00NmVlLWE1OWMtNjU3NWExNzA4N2U1@thread.v2&messageId=0&language=en-US Page 17 of 21 Contractor Initials_______ Date___________ APPENDIX A SAMPLE FORM TO BE COMPLETED UPON AWARD 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. Page 18 of 21 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