STATE OF NEW HAMPSHIRE

DEPARTMENT OF NATURAL AND CULTURAL RESOURCES

DIVISION OF PARKS AND RECREATION

BUREAU OF TRAILS

172 Pembroke Road Concord, NH 03301

Tel. (603) 271-3254 Fax (603) 271-3553

SPECIFICATIONS FOR RAIL REMOVAL AND SALVAGE PROJECT

BERLIN BRANCH RAIL CORRIDOR

BETHLEHEM, NH

PROJECT No. TB-2602

CONTENTS

Notice to Bidders N.B. 1

Bid Proposal Form B.P. 1-6

General Conditions of the Contract G.C. 1-6

Sample Contract Form S.C. 1-4

Project Specifications P. 1-4

Map M. 1-3

Vendor Application V.A. 1

Alternate W-9 Form W-9

NOTICE TO BIDDERS

Project: #TB-2602 RAIL REMOVAL AND SALVAGE PROJECT ON THE BERLIN BRANCH

RAIL CORRIDOR IN BETHLEHEM, NH

Sealed bid proposals for the above project will be accepted until 2:00 P.M., prevailing time, on Friday March 20th, 2026. Proposals should be mailed to: Attn: Craig Rennie, Trails Bureau Chief, Department of Natural and Cultural Resources, 172 Pembroke Road, Concord, NH 03301.

Specifications will be available to interested contractors at the Bureau of Trails HQ Office on Monday, February 2nd, 2026 @ 172 Pembroke Rd, Concord, NH 03106

They may also be viewed at the following locations:

1.) State of New Hampshire Purchase and Property website: Statewide Bids and Proposals.

2.) State of New Hampshire State Parks website: RFPs & Projects.

3.) Construction Summary of New Hampshire Inc., 734 Chestnut Street, Manchester, NH 03104.

Tel. (603) 627-8856. View online at: http://www.constructionsummary.com/ 4.) Alpha Graphics, 933 Islington Street, Portsmouth, NH 03801. Tel. (603) 436-3030 5.) Dodge Data & Analytics. Tel. 1-877-784-9556. View online at: www.construction.com 6.) Signature Digital Imaging, 472 Amherst St. Unit 23 Nashua, NH 03063 Tel. (603) 624-4025 7.) Works in Progress, 20 Farrell Street, Suite 103, South Burlington, VT 05403. Tel. 1-800-669-7048.

View online at: https://www.worksinprogress.com/ or https://www.constructionjournal.com/

All companies, corporations, and tradenames bidding must be registered as a NH State Vendor and have a certificate of good standing from the NH Secretary of State, Corporate Division (telephone 603-271-3246) in order to do business with the State of New Hampshire.

Bid Proposals must be made out on the forms provided in the specifications packet and submitted in a sealed envelope marked: Bid Proposal: Rail Removal & Salvage Project, No. TB-2602.

Craig Rennie Trails Bureau Chief

N.B. 1 https://apps.das.nh.gov/bidscontracts/bids.aspx https://www.nhstateparks.org/news-events/improving-state-parks/rfps-projects http://www.constructionsummary.com/ http://www.construction.com/ https://www.worksinprogress.com/ https://www.constructionjournal.com/

DIVISION OF PARKS AND RECREATION

PLANNING AND DEVELOPMENT

172 Pembroke Road Concord, N.H. 03301

TEL. 603-271-2606 FAX 603-271-2629

BID PROPOSAL FORM

PROJECT: #TB-2602

RAIL REMOVAL & SALVAGE PROJECT ON THE

BERLIN BRANCH RAIL CORRIDOR IN BETHLEHEM,

NH

MANDATORY PRE BID MEETING:

Not Applicable

QUESTION/CLARIFICATION PERIOD:

STATE RESPONSE:

Must be submitted in writing by 3:00pm March 6, 2026.

Posted via Addendum on Friday March 13th 2026.

DATE BID OPENING:

March 20th 2026 at 2:00 p.m.

MANDATORY CONSTRUCTION MEETING: Before construction commences.

ANTICIPATED START DATE:

June 3rd, 2026

COMPLETION DATE:

No later than October 30th, 2026

Questions or requests for clarification must be submitted in writing to:

Alexis Rudko Alexis.M.Rudko@dncr.nh.gov

Sealed bid proposals for the above project will be accepted until 2:00 p.m., prevailing time, on March 20th, 2

026. Hardcopy Bids should be MAILED TO: Attn: Craig Rennie Trails Bureau Chief, Department of Natural a nd Cultural Resources, 172 Pembroke Road, Concord, NH 03301. Electronic submissions will not be accepted.

Please note on the outside of the envelope: “Bid Proposal: Rail Removal & Salvage, Project No. TB- 2602”.

DATE:

PROPOSAL OF:

(Company Name)

GRAND TOTAL / LUMP SUM BASE BID:

Bid Proposal Page 1

DIVISION OF PARKS AND RECREATION

PLANNING AND DEVELOPMENT

PROPOSAL

Proposal of...

(Company name)

(Company address)

To furnish and deliver all materials and services except as noted and to perform all work in accordance with the Contract of the State of New Hampshire, Department of Natural and Cultural Resources for:

Project #TB-2602 RAIL REMOVAL & SALVAGE PROJECT ON THE BERLIN BRANCH RAIL CORRIDOR IN

BETHLEHEM, NH

Commissioner Department of Natural and Cultural Resources 172 Pembroke Road, Concord, N.H. 03301

Commissioner:

In accordance with the advertisement of the Department of Natural and Cultural Resources inviting proposals for the project herein before named and in conformity with the Plans and Specifications on file in the office of the Department of Natural and Cultural Resources, (firm name) hereby certifies that is/are the only person, or persons, interested in this proposal as principals;

that this proposal is made without collusion with any person, firm, or corporation; that an examination has been made of the Plans, of the Standard Specifications, and Special Attentions, Supplemental Specifications, and Special Provisions, all of which are attached hereto, and also of the site of the work; and I, or we, propose to furnish all necessary machinery, equipment, tools, labor, and other means of construction, and to furnish all materials specified in the manner and at the time prescribed; and understand that the quantities of work as shown herein are approximate only and are subject to increase or decrease, and further understand that all quantities of work are to be performed at the quoted prices.

To execute the form of contract and begin work within 15 (fifteen) days after the notice to proceed has been received or otherwise delivered to the contractor and to prosecute said work until its completion.

Bid Proposal Page 2

It is further proposed:

To guarantee all of the work performed under this contract to be done in accordance with the plans and specifications and contract documents.

The undersigned acknowledges receipt of the following addenda, issued if any, during the bidding time, and states that these have been incorporated in the proposal:

Addendum #1 dated

Addendum #2 dated

Addendum #3 dated

Dated

Bid Proposal Page 3

SCHEDULE OF VALUES FOR RAILROAD RAIL AND TIE REMOVAL PROJECT ON THE BERLIN

BRANCH RAIL CORRIDOR IN LITTLETON, NH PROJECT # TB-2602

Calendar Year 2026

Values Cost

Mobilization and Demobilization

Removal of approximately 11,300’+/- of railroad track (equaling 22,600’+/-of rail length) rail, joint bars, and all other rail components plates and transported to the NHDOT rail yard in Whitefield NH.

Tie removal and disposal in proper facility for entire project length

Clean-Up, Restoration, and disposal of materials

Allowance for unforeseen conditions $10,000

Total Lump Sum

NOTE: The Schedule of values must be completely filled out in order for bid proposal to be considered responsive.

Bid Proposal Page 4

ALLOWANCE #1: Unanticipated Modification and/or Additions to Contract Items:

Include in the Contract, a stipulated sum/price of $10,000 for use upon the Project Managers instruction. This Allowance will make money available for modifications and/or additions to contract items due to owner-initiated changes, or for unknown, latent or differing existing conditions. Contractor’s costs for products, delivery, installation, labor, insurance, payroll, taxes, equipment rental, overhead and profit will be included in Change Orders authorizing expenditure of funds from this Allowance.

a. Funds will be drawn from an Allowance only by Change Order. Contractor can proceed with Change Order Work against Allowance with direction from the Project Manager. The Contractor shall not proceed with any work that will exceed the amount of Allowance remaining.

b. Credits can only be added to an Allowance by Alteration Order. The Contractor may not use a credit until an Alteration Order is fully executed.

c. Not withstanding the Contractors objection, the Project Manager may at any time reduce the funds remaining in the Allowance by Alteration Order.

d. At Final Payment of the Contract, funds remaining in the Allowance will be credited to the State.

Bid Proposal Page 5

SIGNATURE PAGE

Company Name ____________________________________________________________________

Address

Phone ____________________________

Fax

E-mail Address _____________________________________________

Signature of Authorized Bidder

Print

Title

Address of Bidder (if different than company)

Names and Addresses of Members of the Firm/Corporation

Name address

Bid Proposal Page 6

GENERAL CONDITIONS

GENERAL

This contract is to be governed by all the applicable provisions of these specifications.

This project consists of dismantling approximately 22,600 lf+/- of out of service rail, plates, joint bars and Other Track Materials (OTM) and removal of RR ties from 2.25 miles (11,880’) of abandoned rail corridor (650’ of corridor more than track removal). The corridor will be developed into a year-round recreational trail.

Contractor shall be responsible for transporting all rail, joint bars, plates and all other rail components to the NHDOT rail yard in Whitefield NH

BIDDING REQUIREMENTS

Bids shall only be accepted on the official Bid Proposal Forms, attached to these specifications. Any bids submitted that are not on the official bid proposal forms will not be accepted.

CONDITIONS AT SITE OR BUILDING

Bidders shall visit the site and be responsible for having ascertained pertinent local conditions such as: location, accessibility, general character of the site or building, the character and extent of existing work within or adjacent to the site, and any other work being performed thereon at the time of the submission of this bid.

RIGHT TO WORK IN N.H.

All bidders must be registered and have a certificate of good standing from the Secretary of State, Corporate Division, (telephone 603-271-3244) in order to do business with the State of New Hampshire.

All Bidders must obtain the certificate of good standing before the bid award is approved. Certificates of Good Standing can be obtained online through NH Quickstart.

PROPOSAL SELECTION

In most cases the proposal submitted by the qualified bidder with the lowest base bid price shall be selected.

However, the Department of Natural and Cultural Resources reserves the right to reject any or all proposals or advertise for new proposals as it judges to be in the best interest of the state.

CONTRACTORS QUALIFICATIONS

The successful bidder shall provide evidence upon request that they have been in the construction business successfully performing this type, scale, and quality of work for a minimum of five years.

G.C. 1 https://quickstart.sos.nh.gov/online/Account/LoginPage?LoginType=OrderCertificateofGoodStanding

EXECUTION OF CONTRACT

The Contractor's attention is called to the following:

EXECUTION AND APPROVAL OF CONTRACT. The contract shall be signed by the successful Bidder and returned, together with the contract bond, if applicable, within 10 days after the contract has been mailed or otherwise delivered to the Bidder. No contract shall be considered as in effect until it has been fully executed by all the parties thereto and, when the contract amount is more than $10,000, the award has been concurred in by the Governor and Council.

FAILURE TO EXECUTE CONTRACT. Failure to execute the contract within 15 days after the contract has been mailed or otherwise delivered to the successful Bidder shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty which shall become the property of the Department, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest Bidder, or the work may be re-advertised as the Commissioner may decide.

STARTING DATE

The Contractor shall anticipate starting work on June 3rd, 2026, after the notice to proceed is received from DNCR. The notice to proceed shall be issued immediately upon contract approval by the Governor and Executive Council.

PROTECTION OF EXISTING PROPERTY

It shall be the responsibility of the contractor to protect existing property and salvaged rail components from damage. Any damage caused by the contractor in the performance of the work shall be repaired or replaced at his expense to the satisfaction of the of the NHDOT Railroad Operations Engineer and DNCR Department Project Manager.

CODES

All work performed shall meet the provisions, if applicable.

WORKMANSHIP

All work shall be performed in a neat workmanlike manner by skilled workmen who have been actively engaged in performing the type of work specified under this contract for the last two years.

CLEAN-UP

All debris from the project shall be cleaned up weekly and removed from the site at least on a monthly basis.

G.C. 2

DEFAULT AND TERMINATION OF CONTRACT

If the Contractor…

(a) Fails to begin the work under the contract within the time specified in the contract, or

(b) Fails to perform the work with sufficient workmen and equipment or with sufficient materials to assure the prompt completion of said work, or

(c) Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or

(d) Discontinues the prosecution of work, or

(e) Fails to resume work which has been discontinued, within reasonable time after notice to do so, or

(f) Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or

(g) Makes an assignment for the benefit of creditors, or

(h) For any other cause whatsoever, fails to carry on the work in an acceptable manner…

The Commissioner will give notice in writing to the Contractor of such delay, neglect, or default.

If the Contractor or Surety does not proceed in accordance with the Notice, then the Commissioner will, upon written notification from the Project Manager of the fact of such delay, neglect or default, and the Contractor’s failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Commissioner may enter into an agreement for the completion of said contract according to the terms and conditions thereof, or use such other methods as in his opinion will be required for the completion of said contract in an acceptable manner.

All extra costs and charges incurred by the Department as a result of such delay, neglect or default, together with the cost of completion of the work under the contract will be deducted from any monies due or which may become due said Contractor. If such expenses exceed the sum which would have been payable under the contract, then the Contractor and the Surety shall be liable and shall pay to the Department, the amount of such excess.

G.C. 3

FAILURE TO COMPLETE THE WORK ON TIME

If the Contractor fails to complete all of the work or sections of the Project, within the time specified in the Contract, the sum given in the schedule that follows will be deducted from any money due the Contractor. This deduction will be made, not as a penalty, but as fixed, agreed liquidation damages for inconvenience to the State and for reimbursing the Department the cost of the Administration of the Contract, including engineering and inspection. Should the amount of money otherwise due the Contractor be less than the amount of such liquidated damages, the Contractor and his Surety shall be liable to the State for such deficiency.

Permitting the Contractor to continue and finish the work after the time fixed for its completion, shall in no way obligate the State to waive any of its rights under the Contract.

When the final acceptance has been duly made by the Project Manager, any liquidated damage charges shall end.

The fixed, agreed, liquidated damages shall be assessed in accordance with the following schedule.

ORIGINAL CONTRACT AMOUNT AMOUNT OF LIQUIDATED DAMAGES

PER WORKING DAY

From more than: to and including:

0. 25,000. $ 300.00 25,000. 50,000. $ 400.00 50,000. 100,000. $ 500.00 100,000. 500,000. $ 600.00

G.C. 4

CHANGES IN THE WORK

The Project Manager may at any time, by a written order, and without notice to the Sureties, make changes in the Specifications and completion date of this contract and within the general scope thereof.

In making any change, the additional cost or credit for the change shall be determined as follows:

• The order shall stipulate the mutually agreed upon lump sum price which shall be added to or deducted from the contract price. The contractor shall furnish an itemized breakdown of the prices used in computing the value of any change that might be ordered.

• If the price change is an addition to the contract price and the work is performed by the general contractor and not a subcontractor, it shall include the contractor’s indirect costs as follows:

Workmen’s Compensation and Employee Liability, Unemployment and Social Security Taxes.

• In addition to the above indirect costs, the general contractor shall be allowed a markup not to exceed ten percent (10%). Said ten percent (10%) shall be all inclusive for overhead, supervision, and profit.

In addition to this, an allowance shall be made for performance and payment bond additional premium.

• If the price change is an addition to the contract price and involves the work of the general contractor and subcontractor, the general contractor would be allowed ten percent (10%) on that part of the work performed by him and five percent (5%) on that part of the work performed by the subcontractor. The same percentages shall apply to subcontractors.

• On any change which involves a net credit to the Owner, no allowance for overhead and profit shall be figured.

G.C. 5

INSURANCE REQUIREMENTS

No operations under this contract shall commence unless and until certification of insurance attesting to the below listed requirements have been filed with the Commissioner, approved by the Attorney General, and the Contract approved by the Governor and Council and a Notice to Proceed is issued.

Insurance requirements by paragraphs 1-4 below shall be the responsibility of the Prime Contractor. The Prime Contractor, at his discretion, may make similar requests of any subcontractor.

Following is the summary of minimum insurance requirements:

1. Workmen's Compensation Insurance (In accordance with RSA 281-A.)

a. Employers' Liability 1.) $100,000 each accident 2.) $500,000 Disease-policy limit 3.) $100,000 Disease-each employee

2. Commercial General Liability Insurance: Occurrence Form Policy: Include full Contractual Liability (see Indemnification Clause 9)., Explosion, Collapse, and Underground coverage’s:

a. Limits of Liability:

1.) $1,000,000 Each Occurrence Bodily injury & Property Damage.

2.) $2,000,000 General Aggregate-Include per Project Aggregate Endorsement.

3) $2,000,000 Products/Completed Operations Aggregate.

4) State shall be named as an additional named insured.

3. Commercial Umbrella Liability

a. Limits of Liability:

1.) $1,000,000 Each Occurrence 2.) 1,000,000 Aggregate

4. General Insurance Conditions

a. Each policy shall contain a clause prohibiting cancellation or modifications of the policy earlier than thirty (30) days or ten (10) in cases of non-payment of premium after written notice thereof has been received by the State.

5. Indemnification:

a. The Contractor shall indemnify, defend, and hold harmless the State of New Hampshire, its

Agencies, and its agents and employees from and against any and all claims, liabilities, suits or penalties arising out of (or which may be claimed to arise out of) acts of omissions of the Contractor or subcontractors in the performance of work covered by the Contract. This covenant shall survive the termination of the Contract. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved by the State.

NOTE:

References to "the Project Manager" shall be understood to mean the Trails Bureau Chief in the Division of Parks and Recreation, in the Department of Natural and Cultural Resources.

G.C. 6

Contractor Initials_______

Date_______

FORM NUMBER P-37 (version 2/23/2023)

AGREEMENT

The State of New Hampshire and the Contractor hereby mutually agree as follows:

GENERAL PROVISIONS

1. IDENTIFICATION.

1.1 State Agency Name 1.2 State Agency Address

1.3 Contractor Name 1.4 Contractor Address

1.5 Contractor Phone

Number

1.6 Account Unit and Class 1.7 Completion Date 1.8 Price Limitation

1.9 Contracting Officer for State Agency 1.10 State Agency Telephone Number

1.11 Contractor Signature

Date:

1.12 Name and Title of Contractor Signatory

1.13 State Agency Signature

Date:

1.14 Name and Title of State Agency Signatory

1.15 Approval by the N.H. Department of Administration, Division of Personnel (if applicable)

By: Director, On:

1.16 Approval by the Attorney General (Form, Substance and Execution) (if applicable)

By: On:

1.17 Approval by the Governor and Executive Council (if applicable)

G&C Item number: G&C Meeting Date:

Notice: This agreement and all of its attachments shall become public upon submission to Governor and Executive Council for approval. Any information that is private, confidential or proprietary must be clearly identified to the agency and agreed to in writing prior to signing the contract.

Date_______

2. SERVICES TO BE PERFORMED. The State of New Hampshire, acting through the agency identified in block 1.1 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

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

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 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 Gove 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 the purpose of ascertaining compliance with this Agreement and all rules, regulations and orders pertaining to the covenants, terms and conditions of this Agreement.

7. PERSONNEL.

7.1 The Contractor shall at its own expense provide all personnel necessary to perform the Services. The Contractor warrants that all personnel engaged in the Services shall be qualified to perform the Services, and shall be properly licensed and otherwise authorized to do so under all applicable laws.

7.2 The Contracting Officer specified in block 1.9, or any

point of contact pertaining to this Agreement.

Date_______

8. EVENT OF DEFAULT/REMEDIES.

8.1 Any one or more of the following acts or omissions of the

8.1.1 failure to perform the Services satisfactorily or on schedule;

8.1.2 failure to submit any report required hereunder; and/or

8.1.3 failure to perform any other covenant, term or condition of this Agreement.

8.2 Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions:

8.2.1 give the Contractor a written notice specifying the Event of Default and requiring it to be remedied within, in the absence of a greater or lesser specification of time, thirty (30) calendar days from the date of the notice; and if the Event of Default is not timely cured, terminate this Agreement, effective two (2) calendar days after giving the Contractor notice of termination;

8.2.2 give the Contractor a written notice specifying the Event of Default and suspending all payments to be made under this Agreement and ordering that the portion of the contract price which would otherwise accrue to the Contractor during the period from the date of such notice until such time as the State determines that the Contractor has cured the Event of Default shall never be paid to the Contractor;

8.2.3 give the Contractor a written notice specifying the Event of Default and set off against any other obligations the State may owe to the Contractor any damages the State suffers by reason of any Event of Default; and/or

8.2.4 give the Contractor a written notice specifying the Event of Default, treat the Agreement as breached, terminate the Agreement and pursue any of its remedies at law or in equity, or both.

9. TERMINATION.

9.1 Notwithstanding paragraph 8, the State may, at its sole

discretion, terminate the Agreement for any reason, in whole or in part, by thirty (30) calendar days written notice to the Contractor that the State is exercising its option to terminate the Agreement.

9.2 In the event of an early termination of this Agreement for any reason other than the completion of the Services, the Contractor not later than fifteen (15) calendar days after the date of all Services performed, and the contract price earned, to and including the date of termination.

discretion, the Contractor shall, within fifteen (15) calendar days of notice of early termination, develop and submit to the State a transition plan for Services under the Agreement.

10. PROPERTY OWNERSHIP/DISCLOSURE.

10.1 P

all data, information and things developed or obtained during the performance of, or acquired or developed by reason of, this Agreement, including, but not limited to, all studies, reports, files, formulae, surveys, maps, charts, sound recordings, video recordings, pictorial reproductions, drawings, analyses, graphic representations, computer programs, computer printouts, notes, letters, memoranda, papers, and documents, all whether finished or unfinished.

10.2 All data and any Property which has been received from the State, or purchased with funds provided for that purpose under this Agreement, shall be the property of the State, and shall be returned to the State upon demand or upon termination of this Agreement for any reason.

10.3 Disclosure of data, information and other records shall be governed by N.H. RSA chapter 91-A and/or other applicable law.

Disclosure requires prior written approval of the State.

11. 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 ation or other emoluments provided by the State to its employees.

12. ASSIGNMENT/DELEGATION/SUBCONTRACTS.

12.1 Contractor shall provide the State written notice at least fifteen

(15) calendar days before any proposed assignment, delegation, or other transfer of any interest in this Agreement. No such assignment, delegation, or other transfer shall be effective without the written consent of the State.

12.2 For purposes of paragraph 12, a Change of Control shall

consolidation, or a transaction or series of related transactions in which a third party, together with its affiliates, becomes the direct or indirect owner of fifty percent (50%) or more of the voting shares or similar equity interests, or combined voting power of the Contractor, or (b) the sale of all or substantially all of the assets of the Contractor.

12.3 None of the Services shall be subcontracted by the Contractor without prior written notice and consent of the State.

12.4 The State is entitled to copies of all subcontracts and

assignment agreements and shall not be bound by any provisions contained in a subcontract or an assignment agreement to which it is not a party.

13. INDEMNIFICATION. The Contractor shall indemnify, defend, and hold harmless the State, its officers, and employees from and against all actions, claims, damages, demands, judgments, fines, liabilities, losses, and other expenses, including, f or relating to this Agreement directly or indirectly arising from death, personal injury, property damage, intellectual property infringement, or other claims asserted against the State, its officers, or employees caused by the acts or omissions of negligence, reckless or willful misconduct, or fraud by the Contractor, its employees, agents, or subcontractors. The State shall not be liable for any costs incurred by the Contractor arising under this paragraph 13. Notwithstanding the foregoing, nothing herein sovereign immunity, which immunity is hereby reserved to the State. This covenant in paragraph 13 shall survive the termination of this Agreement.

Date_______

14. INSURANCE.

14.1 The Contractor shall, at its sole expense, obtain and

continuously maintain in force, and shall require any subcontractor or assignee to obtain and maintain in force, the following insurance:

14.1.1 commercial general liability insurance against all claims of bodily injury, death or property damage, in amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate or excess;

and

14.1.2 special cause of loss coverage form covering all Property subject to subparagraph 10.2 herein, in an amount not less than 80% of the whole replacement value of the Property.

14.2 The policies described in subparagraph 14.1 herein shall be on policy forms and endorsements approved for use in the State of New Hampshire by the N.H. Department of Insurance, and issued by insurers licensed in the State of New Hampshire.

14.3 The Contractor shall furnish to the Contracting Officer

identified in block 1.9, or any successor, a certificate(s) of insurance for all insurance required under this Agreement. At the request of the Contracting Officer, or any successor, the Contractor shall provide certificate(s) of insurance for all renewal(s) of insurance required under this Agreement. The certificate(s) of insurance and any renewals thereof shall be attached and are incorporated herein by reference.

15. W

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

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 person proposes to undertake pursuant to this Agreement. The Contractor shall furnish the Contracting Officer identified in block 1.9, or any 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 benefit for Contractor, or any subcontractor or employee of Contractor, which might arise under applicable State of New performance of the Services under this Agreement.

16. WAIVER OF BREACH. A State's failure to enforce its rights with respect to any single or continuing breach of this Agreement shall not act as a waiver of the right of the State to later enforce any such rights or to enforce any other or any subsequent breach.

17. NOTICE. Any notice by a party hereto to the other party shall be deemed to have been duly delivered or given at the time of mailing by certified mail, postage prepaid, in a United States Post Office addressed to the parties at the addresses given in blocks 1.2 and 1.4, herein.

18. AMENDMENT. This Agreement may be amended, waived or discharged only by an instrument in writing signed by the parties hereto and only after approval of such amendment, waiver or discharge by the Governor and Executive Council of the State of New Hampshire unless no such approval is required under the circumstances pursuant to State law, rule or policy.

19. CHOICE OF LAW AND FORUM.

19.1 This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of New Hampshire except where the Federal supremacy clause requires otherwise. The wording used in this Agreement is the wording chosen by the parties to express their mutual intent, and no rule of construction shall be applied against or in favor of any party.

19.2 Any actions arising out of this Agreement, including the breach or alleged breach thereof, may not be submitted to binding arbitration, but must, instead, be brought and maintained in the Merrimack County Superior Court of New Hampshire which shall have exclusive jurisdiction thereof.

20. CONFLICTING TERMS. In the event of a conflict between the terms of this P-37 form (as modified in EXHIBIT A) and any other portion of this Agreement including any attachments thereto, the terms of the P-37 (as modified in EXHIBIT A) shall control.

21. THIRD PARTIES. This Agreement is being entered into for the sole benefit of the parties hereto, and nothing herein, express or implied, is intended to or will confer any legal or equitable right, benefit, or remedy of any nature upon any other person.

22. HEADINGS. The headings throughout the Agreement are for reference purposes only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.

23. SPECIAL PROVISIONS. Additional or modifying provisions set forth in the attached EXHIBIT A are incorporated herein by reference.

24. FURTHER ASSURANCES. The Contractor, along with its agents and affiliates, shall, at its own cost and expense, execute any additional documents and take such further actions as may be reasonably required to carry out the provisions of this Agreement and give effect to the transactions contemplated hereby.

25. SEVERABILITY. In the event any of the provisions of this Agreement are held by a court of competent jurisdiction to be contrary to any state or federal law, the remaining provisions of this Agreement will remain in full force and effect.

26. ENTIRE AGREEMENT. This Agreement, which may be executed in a number of counterparts, each of which shall be deemed an original, constitutes the entire agreement and understanding between the parties, and supersedes all prior agreements and understandings with respect to the subject matter hereof.

Project Specifications Page 1

PROJECT SPECIFICATIONS

RAIL REMOVAL & SALVAGE PROJECT

Berlin Branch Railroad – Bethlehem, NH

State of New Hampshire

Department of Natural and Cultural Resources

Division of Parks & Recreation, Bureau of Trails

Inactive Line/Trail Development

Project TB-2602

January 30th, 2026

Project Specifications Page 2

PROJECT PARTICIPANTS

NH Department of Natural and Cultural Resources (DNCR), Division of Parks & Recreation, Bureau of Trails

- Administrative Contact: Alexis Rudko, Deputy Chief, Alexis.M.Rudko@dncr.nh.gov o Office: 603-271-3594.

- Field Contact: Clint Savage, District 1 Supervisor, Clinton.J.Savage@dncr.nh.gov o Cell: 603-419-9825.

NH Department of Transportation (NHDOT), Bureau of Rail & Transit.

- Contact: Julie Mathews, Railroad Operations Engineer, Julie.L.Mathews@dot.nh.gov o office: 603-271-3465, cell: 603-931-0255.

SCOPE OF WORK

DNCR will provide funding, from funds provided by the National Recreational Trails Program and Private Do-nations, for the removal and salvage of rail, rail components, ties and other RR related infrastructure, from the Berlin Branch railroad. The rail removal project will begin at the point next to Oxbow Drive approximately 650 ft north of where project TB-2101 ended, in Bethlehem, and end at a point 2.14 miles east on the trail to a point west of Wing Rd. in Bethlehem. Ending point delineation will be provided. See attached maps.

DNCR, Bureau of Trails will provide general supervision and administration during the course of the track re-moval project.

The CONTRACTOR will provide track construction expertise, skilled labor, specialized maintenance equip-ment, tools, and other materials required to complete the track removal work as follows:

1. The State of NH will provide access to the property for all dismantle and salvage work.

2. The railroad track section within the scope of work is approximately 2.14 miles in length, 11,300 ft of track (22,600 ft in rail length)

3. Dismantle, salvage and deliver all rail, joint bars, tie plates, switches, rail anchors, switch stands and all other track components to NHDOT, deliver and stack components in NHDOT’s Whitefield NH rail yard. All rail items must be salvaged in their existing condition.

4. The contractor will be responsible for unloading all materials in the Whitefield yard including bunking for stacking rail.

5. Contractor may retain all railroad spikes and joint bar bolts for scrap. Scrap value must be part of the bid price consideration.

6. All timber ties, bolts, spikes and other materials shall be removed from the project area. Removal of these materials will be completed using a rake as necessary and followed by a magnet no less than 13 meg.

7. Clean-up and restore disturbed areas adjacent to the rail removal work. Dispose of all materials not salvaged to the NHDOT and DNCR.

8. Rail corridor must be graded/leveled and left in a condition capable of being groomed for winter snowmobile use.

9. Any timber ties present on the side of the corridor for the length of the project should be removed and disposed of in a proper disposal facility, this includes the 650’ of corridor that already had rails re-moved from Oxbow Road headed east. Documentation of disposal will be required to receive payment for project.

TECHNICAL REQUIREMENTS

1. Items to be salvaged to NHDOT and delivered to the NHDOT Bureau of Rail & Transit yard in Whitefield NH (see item 3 below).

o Rail

▪ All rail o Rail joint bars:

▪ All joint bars

▪ All compromise joint bars that may be present.

mailto:Alexis.M.Rudko@dncr.nh.gov mailto:Clinton.J.Savage@dncr.nh.gov mailto:Julie.L.Mathews@dot.nh.gov

Project Specifications Page 3 o Tie plates:

▪ All tie plates.

o Other track materials (OTM)

▪ All other rail components i.e. frogs, switches, switch stands, rail anchors that may be present etc.

o All rail materials shall be salvaged to NHDOT, including any rail items that may be cur-rently damaged or deteriorated.

2. Dismantling of rail, joint bars and tie plates o All rail joint bars (and Compromise Joint Bars) SHALL be removed prior to any movement of the rail. No rail shall be allowed to be dragged while still connected to another section of rail.

o Joint bar bolts must be cut off with a saw or unbolted. Cutting joint bar bolts off with a torch will not be allowed. Joint bars damaged by a cut off saw shall be replaced at the con-tractors expense.

o Tie plate removal shall be completed with spike puller as to not damage the plates, excava-tor bucket removal will not be allowed. Spikes shall be removed with a spike puller prior to the removal of the tie plate.

▪ Mechanical spike pulling is allowed with equipment specifically made for this type of work. Such as a hand held hydraulic unit, (appearance similar to a jack hammer). Ex-ample website link: https://rrtools.com/product/spike-puller-hydraulic/?utm_source=bing&utm_medium=cpc&utm_campaign=Shopping%20- %201st%20Layer&utm_term=4586818918619282&utm_content=1167%20%3E%206

▪ Or, the common hy-rail diesel mechanical driven rolling unit which is a production type of unit that can remove them at a efficient pace. i.e. Nordco Spike puller.

https://www.nordco.com/products-catalog/maintenance-of-way/Spike-Pulling- Machines/Spike-Puller-Two-Rail---SP2R.htm

3. Salvaged material packaging and delivery to NHDOT yard on US Rte. 3 (Union St.) in Whitefield, NH. The yard will be marked for exact location prior to delivery.

o All rail shall be stacked per the direction of NHDOT Railroad Operations Engineer or the Op-erator of the Vermont Rail System (VRS). Salvaged good condition timber ties may be used for bunking.

o All rail joint bars, tie plates, and rail anchors shall be stacked and crated in wooden boxes for delivery (i.e. wooden crates, i.e. 3x3x3 ft), no loose hauling and dumping of salvaged material allowed. Wooden boxed materials do not need to be stacked.

o All currently damaged rail and rail components shall be separated from other components for delivery and crated and delivered in the same manner as noted above.

o All deliveries shall be scheduled with the Railroad Operations Engineer at least 2 weeks in ad-vanced of the first delivery, contact person Julie Mathews, 603-931-0255 (work cell).

4. Rail Components damaged by the contractor during salvage or delivery operations.

• Will be replaced by the contractor at current market value to the satisfaction of the NHDOT Railroad Operations Engineer and DNCR.

5. All disposal of rail ties need to disposed of at an approved facility (ties cannot be left on side of trail) and provide documentation of disposal to NH Bureau of Trails.

PROJECT SCHEDULE

Work is tentatively scheduled to begin on June 3rd, 2026, pending Governor and Council Approval, and must be complete enough to allow winter trail preparation to begin in the fall. The final completion date for this pro-ject is Friday October 30th, 2026.

https://rrtools.com/product/spike-puller-hydraulic/?utm_source=bing&utm_medium=cpc&utm_campaign=Shopping%20-%201st%20Layer&utm_term=4586818918619282&utm_content=1167%20%3E%20670 https://rrtools.com/product/spike-puller-hydraulic/?utm_source=bing&utm_medium=cpc&utm_campaign=Shopping%20-%201st%20Layer&utm_term=4586818918619282&utm_content=1167%20%3E%20670 https://rrtools.com/product/spike-puller-hydraulic/?utm_source=bing&utm_medium=cpc&utm_campaign=Shopping%20-%201st%20Layer&utm_term=4586818918619282&utm_content=1167%20%3E%20670 https://rrtools.com/product/spike-puller-hydraulic/?utm_source=bing&utm_medium=cpc&utm_campaign=Shopping%20-%201st%20Layer&utm_term=4586818918619282&utm_content=1167%20%3E%20670 https://www.nordco.com/products-catalog/maintenance-of-way/Spike-Pulling-Machines/Spike-Puller-Two-Rail---SP2R.htm https://www.nordco.com/products-catalog/maintenance-of-way/Spike-Pulling-Machines/Spike-Puller-Two-Rail---SP2R.htm

Project Specifications Page 4

SPECIAL CONDITIONS

1. The track is currently out of service and shall remain out of service for the period of work and until needed for future transportation needs by the NHDOT.

OTHER REQUIREMENTS

1. Contractor hereby fully releases and discharges the State of New Hampshire, its successors, lessees and assigns, from any and all claims, demands, actions, causes of action of any kind or description whatsoever.

2. No payment in excess of the Bid/Contract amount will be allowed unless the additional work and cost is approved in writing by the DNCR and NHDOT prior to any additional work being started.

3. A Mandatory pre-construction meeting with NHDOT Railroad Operations Engineer and DNCR person-nel is required prior to construction commencing.

4. A post construction inspection will be performed by NHDOT and DNCR personnel. Twenty percent of total project cost will not be paid until project is determined complete by both NHDOT and DNCR per-sonnel.

Map of Project Area 1

Map of entire project length of 2.25 miles (11,880’) of trail from Oxbow Dr. to a point close to Rt. 16 off of Wing Rd in Bethlehem. This section needs to have all ties removed as well as rails.

Map of Project Area 2

Map of 2.12 miles (11,230’) of trail from Oxbow Dr. to a point close to Rt. 16 off of Wing Rd in Bethlehem. This is 650’ shorter than previous section because 650’ of rails were removed from Oxbow end but ties were left in place. This entire section needs both rail and ties removed.

Map of Project Area 3

Close up of previous map showing end point of abandonment on trail. Do not remove any rails or ties beyond the endpoint marked on this map. At mandatory pre-construction meeting this location will be shown to contractor and marked in field.

State of New Hampshire

VENDOR APPLICATION VENDOR # ____________

(Assigned by Purchase & Property)

NAME/LOCATION

Vendor Name: _________________________________________________________________________________

DBA Name: _________________________________________________________________________________

Remit Address: _________________________________________________________________________________

City/Town: _______________________________________ STATE: _________ ZIP: ___________

Business Address: _________________________________________________________________________________

City/Town: _______________________________________ STATE: _________ ZIP: ___________

Telephone #: ____________________ Toll Free #: _____________________ FAX #: ________________________

Website: ________________________________ E-Mail (Main Office): _______________________________

Electronic Payment Option: Please contact Treasury at treasury@treasury.state.nh.us or visit their website at www.nh.gov/treasury for further information on this option.

TYPE OF BUSINESS

(Note: Registration with the NH Secretary of State MUST be done prior to the awarding of any contracts) http://www.nh.gov/sos/corporate

INDIVIDUAL/SOLE-PROPRIETOR PARTNERSHIP/LLP CORP LLC

ESTATE OR TRUST HEALTHCARE/LEGAL SVS GOV NONPROFIT

Registered with NH Secretary of State? ________________ State Incorporated In: __________________________

Minority Institutions Minority Owned Large Business Minority Owned Small Business

Disabled Veteran Business Svs Disabled Veteran Owned Veteran Owned Small Business

Physically Challenged Bus SBA Cert Fin Disadvantaged Bus SBA Cert Hist Underutilized Bus

SBA Cert Sm Disadvantaged Bus Women Owned Sm Bus Women Owned Large Businesses

Fed ID # (EIN/FIN): _______________________ Historically Black Colleges Small Business

Social Security # (SSN): ____________________

SIGNATURE BLOCK

I certify the above information to be correct and grant authorization to the State of New Hampshire to investigate any and all facts contained therein,…