RFB DNCR 2026-OPS-2526.pdf

STATE OF NEW HAMPSHIRE

DEPARTMENT OF NATURAL AND CULTURAL RESOURCES

DIVISION OF PARKS AND RECREATION

CAPITAL PROJECTS & MAINTENANCE

BI-ANNUAL BEACH CLEANING

HAMPTON BEACH STATE PARK HAMPTON, NH

SPECIFICATIONS

PROJECT # OPS-2526

November 3, 2025

DIVISION OF PARKS AND RECREATION

CAPITAL PROJECTS & MAINTENANCE

172 Pembroke Road Concord, NH 03301

Tel. (603) 271-2606 Fax (603) 271-2629

SPECIFICATIONS

BI-ANNUAL BEACH CLEANING

HAMPTON BEACH STATE PARK

HAMPTON, NH

PROJECT # OPS-2526

CONTENTS

Notice to Bidders N.B. 1

Bid Proposal Form B.P. 1-7

Sample Contract Form S.C.1-4

General Conditions of the Contract G.C.1-8

Sample Certificate of Authority #1 (Corporation, Non-Profit Corporation) C 1

Sample Certificate of Authority #2 (Corporation, Non-Profit Corporation By-Laws) C 2

Sample Certificate of Authority #3 (Limited Partnership, Limited Liability Partnership professional, or LLC) C 3

Sample Certificate of Authority #4 (General Partnership) C 4

Sample Certificate of Authority #5 (Sole Proprietor) C 5

Sample Certificate of Authority #6 (Limited Partnership or LLC Corporate General Partner or Manager) C 6

Vendor Application V.A. 1

Alternate W-9 Form W-9

Construction Specifications 1-5

DIVISION OF PARKS AND RECREATION

PLANNING AND DEVELOPMENT

172 Pembroke Road Concord, N.H. 03301

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

NOTICE TO BIDDERS

Project: #OPS-2526 BI-ANNUAL BEACH CLEANING

HAMPTON BEACH STATE PARK

HAMPTON, NH

Sealed Bid proposals for the above project will be accepted until 2:00 P.M., prevailing time, on Thursday December 4, 2025. Proposals should be mailed to: Attn: Edward Mussey Public Works Project Manager II Department of Natural and Cultural Resources 172 Pembroke Road, Concord, NH 03301. Electronic bids by e-mail or facsimile will not be accepted.

Specifications will be available to interested contractors at the Capital Projects and Maintenance Office on November 6, 2025. They may also be viewed at the following locations:

1.) Construction Summary of New Hampshire Inc. 734 Chestnut Street, Manchester, NH 03104 Tel. (603) 627-8856.

2.) Alpha Graphics 933 Islington Street, Portsmouth, NH 03801 Tel. (603) 436-3030 3.) McGraw-Hill Construction Plan Room 880, Second Street, Manchester, NH 03104 Tel. (603) 645-6554

4.) Signature Digital Imaging, 472 Amherst St. Unit 23 Nashua, NH 03063 Tel. (603) 624-4025 5.) Works in Progress, 20 Farrell Street, Suite 103, South Burlington, VT 05403 Tel. 1-800-669-

6.) New Hampshire Department of Administrative Services Bureau of Purchase and Property

Website http://admis.state.nh.us/purchasing/vendorresources.asp 7.) New Hampshire State Parks Website https://www.nhstateparks.org/about-nh-parks/projects-and-improvements

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

All bidders will be required to attend the pre-bid conference at the Maintenance Garage at Hampton Beach State Park, 30 State Park Road Hampton, NH at 10:00 a.m. on November 18, 2025.

At the time of the bid opening, a bid bond accompanying the bid proposal will be required in the amount of 5% of the total amount of the lump sum price. Personnel Checks or Business Checks will not be accepted. Bid proposals should be made out only on the forms attached to the specifications. These forms are also available from the Capital Projects & Maintenance office. Bid Proposals are to be submitted in a sealed envelope marked: Bid Proposal: Beach Cleaning Hampton Beach State Park Hampton, NH Project No. OPS-2526.

Edward Mussey Public Works Project Manager II Notice to Bidders Page 1 http://admis.state.nh.us/purchasing/vendorresources.asp https://www.nhstateparks.org/about-nh-parks/projects-and-improvements https://www.nhstateparks.org/about-nh-parks/projects-and-improvements

DIVISION OF PARKS AND RECREATION

CAPITAL PROJECTS AND MAINTENANCE

172 Pembroke Road Concord, N.H. 03301

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

BID PROPOSAL FORM

PROJECT #: OPS-2526 BI-ANNUAL BEACH CLEANING

HAMPTON BEACH STATE PARK

HAMPTON, NH

MANDATORY PRE BID CONFERENCE: November 18, 2025 at 10:00 a.m. Sharp

DATE BID OPENING: December 4, 2025 at 2:00 p.m.

START DATE: May 4, 2025

COMPLETION DATE: September 30, 2027

Sealed bid proposals for the above project will be accepted until 2:00 p.m., prevailing time, on December 4, 2025. Bids should be MAILED TO: Attn: Edward Mussey Public Works Project Manager II Department of Natural and Cultural Resources 172 Pembroke Road, Concord, NH 03301 Please note on the outside of the envelope “Bid Proposal” Beach Cleaning Hampton Beach State Park Hampton, NH Project No. OPS-2526.

DATE:

PROPOSAL OF:

(Company Name)

GRAND TOTAL / LUMP SUM BASE BID:

Bid Proposal Page 1

DIVISION OF PARKS AND RECREATION

CAPITAL PROJECTS & MAINTENANCE

PROPOSAL

Proposal of...

(company name)

(company address)

To furnish and deliver all materials as noted and to perform all work in accordance with the Contract of the State of New Hampshire, DEPARTMENT OF NATURAL AND CULTURAL RESOURCES for the construction of...

Project # OPS-2526 Bi-annual Beach Cleaning Hampton beach State Park Hampton, NH

Commissioner

172 Pembroke Road, Concord, N.H. 03301

Commissioner:

In accordance with the advertisement of the DEPARTMENT OF NATURAL AND CULTURAL RESOURCES inviting proposals for the project herein before named and in conformity with the Plans and Specifications on file in the office of the DEPARTMENT OF NATURAL AND CULTURAL RESOURCES, (firm name) hereby certifies that is/are the only person, or persons, interested in this proposal as principals; that this proposal is made without collusion with any person, firm, or corporation;

that an examination has been made of the Plans, of the Standard Specifications, and Special Attentions, Supplemental Specifications, and Special Provisions, all of which are attached hereto, and also of the site of the work; and I, or we, propose to furnish all necessary machinery, equipment, tools, labor, and other means of construction, and to furnish all materials specified in the manner and at the time prescribed; and understand that the quantities of work as shown herein are approximate only and are subject to increase or decrease, and further understand that all quantities of work are to be performed at the quoted prices.

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

Bid Proposal Page 2

It is further proposed:

To furnish a contract bond in the amount of one hundred percent (100%) of the contract award, if the contract award is seventy-five thousand dollars ($75,000) or more, as security for the completion of the contract in accordance with the plans and specifications and contract documents. The form of bond shall be that provided for by the Department, and the surety shall be acceptable to the Commissioner. No contract bond shall be required on contract awards of less than seventy-five thousand dollars ($75,000).

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

Enclosed, herewith, find Bid Bond or Bank Certified Check in the amount of 5% of the total amount of the Lump Sum Price made payable to the "Treasurer, State of New Hampshire" as a proposal guarantee which is understood, will be forfeited in the event the form of contract is not executed, if awarded to the undersigned.

Personnel Checks or Business Checks will not be accepted as a Bid Bond and if submitted your bid will be disqualified.

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

Addendum #1 dated

Addendum #2 dated

Addendum #3 dated

Dated

Bid Proposal Page 3

SCHEDULE OF VALUES PROJECT # OPS-2526

INDICATE WHOLE DOLLAR AMOUNT OF CONTRACT SUM ALLOCATED TO EACH CATEGORY OF

WORK AS DESIGNATED BELOW:

Bidder(s) must submit a per night price. Bidder (s) must offer prices for the use of their equipment and labor based on the following dates:

Fiscal Year 2026: (July 1, 2025-June 30, 2026) Equipment #Nights Per Night Cost

May 2 – May 22, 2026 5 times a week (15) $__________ @ 15 = $_________

May 23 – May 25, 2026 Each night (3) $__________ @ 3 = $__________ (Memorial Day Weekend) May 26, 2026 – June 30, 2026 Every Night (36) $__________ @ 36 = $_________

Labor #Nights Per Night Cost

May 2 – May 22, 2026 5 times a week (15) $__________ @ 15 = $_________

May 23 – May 25, 2026 Each night (3) $__________ @ 3 = $__________

May 26, 2026 – June 30, 2026 Every Night (36) $__________ @ 36 = $_________

FY 2026 SUBTOTAL___________________

(A) Fiscal Year 2027: (July 1, 2026-June 30, 2027) Equipment #Nights Per Night Cost

July 1, 2026 – Sept 13, 2026 Every night (75) $__________ @ 75 = $________

Sep. 14, 2026 – Sep. 30, 2026 5 times a week (15) $__________ @ 15 = $_________

May 1, 2027 – May 21, 2027 5 times a week (15) $__________ @ 15 = $_________

May 22, 2027 – May 24, 2027 Each night (3) $__________ @ 3 = $_________

May 25, 2027 – June 30, 2027 Every Night (37) $__________ @ 37 = $_________

Bid Proposal Page 4

SCHEDULE OF VALUES PROJECT # OPS-2526 CONTINUED

July 1, 2026 – Sep. 13, 2026 Every night (75) $__________ @ 75 = $________

Sep. 14, 2026 – Sep. 30, 2026 5 times a week (15) $__________ @ 15 = $_________

May 1, 2027 – May 21, 2027 5 times a week (15) $__________ @ 15 = $_________

May 22, 2027 – May 24, 2025 Each night (3) $__________ @ 3 = $_________

May 25, 2027 – June 30, 2027 Every Night (37) $__________ @ 37 = $_________

FY 2027 SUBTOTAL____________________

(B)

Fiscal Year 2028: (July 1, 2027-June 30, 2028) Equipment #Nights Per Night Cost

July 1, 2027 – Sept 12, 2027 Every night (74) $__________ @ 74 = $_________

Sep.13, 2027 – Sep. 30, 2027 5 times a week (15) $__________ @ 15 = $_________

July 1, 2027 – Sept 12, 2027 Every night (74) $__________ @ 74 = $_________

Sep.13, 2027 – Sep. 30, 2027 5 times a week (15) $__________ @ 15 = $_________

FY 2028 SUBTOTAL____________________

(C)

ALLOWANCES

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, or for the removal of hazardous materials that are encountered by construction.

a. 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. The cost of the bond for the amount of Allowance shall be included as part of the lump sum base bid.

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

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

Bid Proposal Page 5

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

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

f. The Allowance will Be split 50/50 in FY 2027 @ $5,000 and FY2028 @ $5,000

Total Lump Sum of Contract (Including Allowances)…………………………………………………………

(A)+(B)+(C)+(ALLOWANCE #1 $10,000)

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

Bid Proposal Page 6

SIGNATURE PAGE

Company Name

Address

Phone

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 7

This Page Intentionally Left Blank

Contractor Initials_______

Date_______

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

AGREEMENT

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

GENERAL PROVISIONS

1. IDENTIFICATION.

1.1 State Agency Name

1.2 State Agency Address

1.3 Contractor Name 1.4 Contractor Address

1.5 Contractor Phone

Number

1.6 Account Unit and Class 1.7 Completion Date 1.8 Price Limitation

1.9 Contracting Officer for State Agency

1.10 State Agency Telephone Number

1.11 Contractor Signature

Date:

1.12 Name and Title of Contractor Signatory

1.13 State Agency Signature

Date:

1.14 Name and Title of State Agency Signatory

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

By: Director, On:

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

By: On:

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

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

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

Department of Natural and Cultural Resources 172 Pembroke Rd. Concord, NH 03301

Edward Mussey, Public Works Project manager I 603-271-3973

SAMPLE

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 State’s 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 Governor’s 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 Contractor’s books, records and accounts for the purpose of ascertaining compliance with this Agreement and all rules, regulations and orders pertaining to the covenants, terms and conditions of this Agreement.

7. PERSONNEL.

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

7.2 The Contracting Officer specified in block 1.9, or any

successor, shall be the State’s 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 Contractor shall constitute an event of default hereunder (“Event of Default”):

8.1.1 failure to perform the Services satisfactorily or on schedule;

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

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

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

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

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

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

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

9. TERMINATION.

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

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

9.2 In the event of an early termination of this Agreement for any reason other than the completion of the Services, the Contractor shall, at the State’s discretion, deliver to the Contracting Officer, not later than fifteen (15) calendar days after the date of termination, a report (“Termination Report”) describing in detail all Services performed, and the contract price earned, to and including the date of termination. In addition, at the State’s discretion, the Contractor shall, within fifteen (15) calendar days of notice of early termination, develop and submit to the State a transition plan for Services under the Agreement.

10. PROPERTY OWNERSHIP/DISCLOSURE.

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

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

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

Disclosure requires prior written approval of the State.

11. CONTRACTOR’S RELATION TO THE STATE. In the performance of this Agreement the Contractor is in all respects an independent contractor, and is neither an agent nor an employee of the State. Neither the Contractor nor any of its officers, employees, agents or members shall have authority to bind the State or receive any benefits, workers’ compensation or other emoluments provided by the State to its employees.

12. ASSIGNMENT/DELEGATION/SUBCONTRACTS.

12.1 Contractor shall provide the State written notice at least fifteen

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

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

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

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

12.4 The State is entitled to copies of all subcontracts and

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

13. INDEMNIFICATION. The Contractor shall indemnify, defend, and hold harmless the State, its officers, and employees from and against all actions, claims, damages, demands, judgments, fines, liabilities, losses, and other expenses, including, without limitation, reasonable attorneys’ fees, arising out of or relating to this Agreement directly or indirectly arising from death, personal injury, property damage, intellectual property infringement, or other claims asserted against the State, its officers, or employees caused by the acts or omissions of negligence, reckless or willful misconduct, or fraud by the Contractor, its employees, agents, or subcontractors. The State shall not be liable for any costs incurred by the Contractor arising under this paragraph 13. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the State’s 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. WORKERS’ COMPENSATION.

15.1 By signing this agreement, the Contractor agrees, certifies and warrants that the Contractor is in compliance with or exempt from, the requirements of N.H. RSA chapter 281-A (“Workers’ Compensation”).

15.2 To the extent the Contractor is subject to the requirements of N.H. RSA chapter 281-A, Contractor shall maintain, and require any subcontractor or assignee to secure and maintain, payment of Workers’ Compensation in connection with activities which the person proposes to undertake pursuant to this Agreement. The Contractor shall furnish the Contracting Officer identified in block 1.9, or any successor, proof of Workers’ Compensation in the manner described in N.H. RSA chapter 281-A and any applicable renewal(s) thereof, which shall be attached and are incorporated herein by reference. The State shall not be responsible for payment of any Workers’ Compensation premiums or for any other claim or benefit for Contractor, or any subcontractor or employee of Contractor, which might arise under applicable State of New Hampshire Workers’ Compensation laws in connection with the performance of the Services under this Agreement.

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

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

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

19. CHOICE OF LAW AND FORUM.

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

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

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

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

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

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

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

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

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

GENERAL CONDITIONS

GENERAL

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

This project consists of Performing Bi-annual Beach Cleaning Services at Hampton Beach State Park Hampton, NH as indicated on the attached plans and these specifications.

BIDDING REQUIREMENTS

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

BID QUOTES

Any items appearing to be a correction to a price offered in a particular bid, quotation or proposal must be initialed by an authorized representative of the bidder before the bid opening.

CONDITIONS AT SITE OR BUILDING

Bidders shall visit the site and be responsible for having ascertained pertinent local conditions such as:

location, accessibility, general character of the site or building, the character and extent of existing work within or adjacent to the site, and any other work being performed thereon at the time of the submission of this bid.

PERFORMANCE AND PAYMENT BOND

In the event the bid is $75,000 or more, the contractor shall furnish security by bond or otherwise in an amount equal to 100% of the contract guaranteeing performance and payment. The payment security shall meet the requirements of RSA 447:16.

The performance and payment bond must be returned with the signed contract within 15 days after the contract has been mailed or otherwise delivered to the bidder.

PROPOSAL GUARANTEE

The Bidders shall furnish a certified Bank Check or Bid Bond in the amount of 5% of the total amount of the Lump Sum Price made payable to the "Treasurer, State of New Hampshire" as a proposal guarantee, at the time of the bid opening. This proposal guarantee will be forfeited in the event that the contract is not executed.

Personnel Checks or Business Checks will not be accepted as a Bid Bond and if submitted your bid will be disqualified.

RIGHT TO WORK IN N.H.

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

G.C. 1

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.

EXECUTION OF CONTRACT

The Contractor's attention is called to the following:

EXECUTION AND APPROVAL OF CONTRACT. The contract shall be signed by the successful Bidder and returned, together with the contract bond, if applicable, within 15 days after the contract has been mailed or otherwise delivered to the Bidder. No contract shall be considered as in effect until it has been fully executed by all the parties thereto and, when the contract amount is equal to or more than $10,000, the award has been concurred in by the Governor and Council.

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

STARTING DATE

The Contractor shall start work after notice to proceed is received. The notice to proceed shall be issued immediately upon contract approval by the Governor and Council, and shall establish the actual construction start date. Failure to start work within 15 calendar days after the start date shall be considered a default of the contract. If the actual start date is later than the advertised start date, the completion date shall be extended by an equivalent number of working days.

G.C. 2

WORKSITE ACCOUNTABILITY

Per RSA 21-I:81-b At the onset of work on any state construction project, the general contractor or designated project construction manager, if any, shall provide to the Department Project Manager a current list of all subcontractors and independent contractors that the general contractor has agreed to use on the job site, with a record of the entity to whom that subcontractor is insured for worker’s compensation purposes. This list shall be posted on the jobsite and updated as needed to reflect any new subcontractors or independent contractors.

If it is determined that a subcontractor or independent contractor is present on a state construction site without the contractor’s name and direct contracting relationship being posted in a visible location at the worksite, the general contractor or designated project manager shall require the subcontractor or independent contractor to provide the information within 36 hours and to post the information in a visible location at the worksite. If the information is not provided within 36 hours of its request, the general contractor shall suspend the contractor until the information is provided and posted.

PROTECTION OF EXISTING PROPERTY

It shall be the responsibility of the contractor to protect existing property from damage. Any damage caused by the contractor in the performance of the work shall be repaired or replaced at his expense to the satisfaction of the Department Project Manager.

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.

CLEAN-UP

All debris from the project shall be cleaned up daily and removed from the site on a daily basis.

G.C. 3

DEFAULT AND TERMINATION OF CONTRACT

If the Contractor…

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

(b) Fails to perform the work with sufficient workmen and equipment or with sufficient equipment 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 to said Contractor. If such expenses exceed the sum which would have been payable under the contract, then the Contractor and the Surety shall be liable and shall pay to the Department, the amount of such excess.

G.C. 4

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. $ 200.00 25,000. 50,000. $ 300.00 50,000. 100,000. $ 400.00 100,000. 500,000. $ 500.00

G.C. 5

REQUESTS FOR PAYMENT

The contractor may submit a weekly, bi-weekly, monthly, or yearly request for payment(s) to the Project Manager, by e-mail or postal mail, based on the work schedule as outlined within the Beach Cleaning Schedule and the Schedule of Values.

PROSECUTION OF WORK

Upon starting the work within the 15 days set forth by this contract, the Contractor shall prosecute the work a minimum of 8 hours daily per working day until completion, excluding breakdowns or inclement weather. If the Contractor finds it impossible to start the work as stated above, he may make a written request to the Project Manager for an extension of time. Any such request shall be made prior to expiration of the allowable 15 days, and shall contain reasons which the Contractor believes will justify the granting of his request. In his request, the Contractor shall submit his proposed starting date.

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. 6

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) The Department of Natural and Cultural Resources shall be named as an additional named insured.

3. Owner’s Protective Liability coverage for the benefit of the State of New Hampshire Department of Natural and Cultural Resources.

a. Limits of Liability:

1.) $2,000,000 Each Occurrence 2.) $3,000,000 Aggregate

4. Commercial Automobile Liability covering all motor vehicles including owned, hired, borrowed, and non-owned vehicles.

a. Limits of Liability:

1.) $1,000,000 Combined Single Limit for Bodily injury & Property Damage

5. Commercial Umbrella Liability

a. Limits of Liability:

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

G.C. 7

6. 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.

7. 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:

In articles 1 - 14 of the General Conditions references to "the Project Manager" shall be understood to mean the Department Project Manager designated by the Capital Projects and Maintenance office of the New Hampshire DEPARTMENT OF NATURAL AND CULTURAL RESOURCES.

G.C. 8

Certificate of Authority #1 (Corporation, Non-profit Corporation)

Corporate Resolution

I, ______________________, hereby certify that I am duly elected Clerk/Secretary/Officer (Name) of_______________________________________________. I hereby certify the following is a (Name of Corporation) true of a vote taken at a meeting of the Board of Directors/shareholders, duly called and held on

____________, 20____, at which a quorum of the directors/shareholders were present and voting.

Voted: That______________________________(may list more than one person) is duly (P-37 Form Contract Signatory, Name and Title) authorized to enter into contracts or agreements on behalf of

(Name of Corporation) with the State of New Hampshire and any of its agencies and departments and further is authorized to execute any documents which may in his/her judgement to be desirable or necessary to affect the purpose of this vote.

I hereby certify that said vote has not been amended of repealed and remains in full force and effect as the date of the contract to which this certificate is attached. This authority shall remain valid for thirty (30) days from the date of this Corporate Resolution. I further certify that it is understood the State of New Hampshire will rely on this certificate as evidence the person(s) listed above currently occupy the positions(s) indicated and that they have full authority to bind the corporation. To the extent that there are limits on the authority of any listed individual to bind the corporation in contracts with the State of New Hampshire, all such limitations are expressly stated herein.

DATED: ______________ ATTEST: ___________________________

(Name & Title) Not the P-37 Signatory

Certificate of Authority #2 (Corporation, Non-profit Corporation)

Corporate Bylaws

I, ______________________, hereby certify that I am duly elected Clerk/Secretary/Officer (Name) of_________________________. I hereby certify the following is a true copy of the current (Name of Corporation)

Bylaws or Articles of Incorporation of Corporation and that the Bylaws or Articles of

Incorporation authorize the following officers or positions to bind the Corporation for contractual obligations ________________________.

(List officer titles or position)

I further certify that the following individuals currently hold the office or positions authorized:___________________________________________________.

(List individuals holding positions authorized)

I hereby certify that it is understood that the State of New Hampshire will rely on this certificate as evidence the person listed above currently occupies the position indicated and they have full authority to bind the corporation. This authority shall remain valid for thirty (30) days from the date of this certificate.

DATED: ______________ ATTEST: ___________________________

(Name & Title)

STATE OF__________

COUNTY OF ___________________________

On the ____day of _______, before me __________________the undersigned officer personally appeared_____________________, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for purposes therein contained. In witness whereof, I hereunto set me hand and official seal:

Justice of the Peace / Notary Public

My Commission Expires:

Certificat…