attachment-4---exhibit-c-1.pdf

STATE OF NEW HAMPSHIRE

DEPARTMENT OF MILITARY AFFAIRS & VETERANS SERVICES

NEW HAMPSHIRE ARMY NATIONAL GUARD

NHARNG SMR - Building 1 Alterations

RFB-DMAVS-2027-03

EXHIBIT C

CONTRACT PRICE

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Table of Contents

SECTION 1 – CONTRACT PRICE

SECTION 2 – TERMS OF PAYMENT

Invoices will be submitted to:

SECTION 3 – METHOD OF PAYMENT

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SECTION 1 – CONTRACT PRICE

The Department of Military Affairs and Veterans Services will pay the Contractor a maximum total of $XXXXX.00. This amount shall not be exceeded without issuance of an amendment to this agreement and approval by the Governor and Executive Council of the State of New Hampshire.

The undersigned, having carefully examined the specifications for the referenced services, hereby proposes to furnish all materials and to perform all work for the above-captioned project in strict accordance with said specifications for the following price amount.

Contract price: $ XXXXXXX

Allowance for unforeseen conditions and/or owner-initiated changes: $ 60,000.00

Total contract price: $ XXXXXXX

SECTION 2 – TERMS OF PAYMENT

A. The Department will manifest payments to the Contractor each calendar month on the basis of duly certified and approved estimate of the work performed during the preceding period.

In preparing estimates, the material delivered on the site and any preparatory work done may be taken into consideration.

B. At least ten (10) days before the end of the billing period, the Contractor shall submit to the Department an itemized Requisition for Payment, supported by such data substantiating the Contractor's right to payment as the Department may require. If payment is to be made on account of materials or equipment not incorporated in the work, but delivered and suitably stored at the site, such payment shall be conditional upon submission by the Contractor of bills of sale or such other procedure satisfactory to the Department to establish the State's title to such materials or equipment or otherwise protect the State's interest including applicable insurance.

C. Immediately upon receipt of the Department Approved Monthly Requisition for Payment, the Contractor shall post same at the Contractor's Field Office or project site in a location where Subcontractors and Suppliers have clear access.

D. A 5% retainage of the value of the work performed on each partial estimate will be deducted and retained by the Department until after completion of the entire Contract in an acceptable manner. The balance remaining after the specified percentage has been retained, less all previous payments, will be certified for payment on each partial estimate.

E. Retainage will be released at Final Payment:

a. After the Certificate of Substantial Completion has been issued, upon written application by the Contractor and with the approval of the Surety, the Department may release a portion of the retained amount.

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F. Payment for Material on Hand:

a. Partial payments are made for materials to be incorporated in the Work, provided the materials meet the requirements of the Contract and are delivered on, or in the vicinity of, the Project site and stored in acceptable places. Partial payments will not exceed 90% of the Contract unit price for the item, or the amount supported by copies of paid invoices, freight bills, or other supporting documents required by the Department. The quantity paid will not exceed the corresponding quantity estimate in the Contract. No partial payment will be made on living or perishable materials until incorporated in the Work.

b. When material payments exceed $100,000.00 or 10% of the total contract amount, whichever is less, notarized copies of paid invoices or copies of canceled checks for all such materials must be submitted to the Department within forty-five (45) days of the end date of the estimate on which the material allowance was paid.

Failure to provide such documentation will result in the deduction of such material allowance from future estimates until documentation is provided.

c. All material and work covered by partial payments made shall thereupon become the sole property of the Department, but this provision shall not be construed as relieving the Contractor of the sole responsibility of all materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the State to require the fulfillment of all the terms of the Contract.

G. Payment for Material not on hand:

a. The Department will not pay for products and or materials that have not been delivered and stored properly on the construction site.

H. Release of Claims:

a. Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall deliver a complete release of all claims arising under and by virtue of this Contract, including claims for all Subcontractors and suppliers of either materials or labor, plus a release of the Contract Bond and a statement that all Subcontractors and suppliers have been paid. The Department may pay any and all such claims, in whole or in part, and deduct the amount or amounts so paid from any partial or final payment.

I. Final Payment:

a. Within thirty (30) days after acceptance, the Department shall pay to the Contractor the amount of the Contract less all prior payments. All prior payments and estimates, including those relative to extra work, shall be subject to correction by this payment, which is throughout this Contract called the Final Payment.

b. Application for Final Payment received from the Contractor will be processed for payment not less than 60 days after project acceptance and final completion unless accompanied by a release of the Contract Bond. This payment shall be the amount

Page 5 of 5 Initials_______ of the Contract, amended by approved change orders, less previous payments minus liquidated damages, additional penalties, or holdbacks. All prior partial estimates and payments shall be subject to correction in the final estimate and payment.

J. Acceptance of Final Payment Constitutes Release:

a. The acceptance of the Final Payment by the Contractor shall be and shall operate as a release to the Contractor of all claims and of all liability to the Department for all things done or furnished in connection with this work. No payment, however final or otherwise, shall operate to release the Contractor and its Sureties from any obligations under this Contract or the Contract Bond. Acceptance of Final Payment shall not impact any warrantees provided by the Contractor with respect to this project.

Invoices will be submitted to:

Department of Military Affairs and Veterans Services

Attn: State Business Office 1 Minuteman Way, Bldg. 1 Concord, NH 03301-5652

SECTION 3 – METHOD OF PAYMENT

A. Payment shall be made by mailing a bank draft or electronic funds transfer as established by submitting or updating an Alternate W-9 Form to the State of New Hampshire.