rfb-dos-2027-03--marine-patrol-landscaping.pdf

STATE OF NEW HAMPSHIRE

Department of Safety

Division of State Police, Marine Patrol

RFB DOS 2027-03

REQUEST FOR BIDS

FOR:

Fall and Spring Grounds Maintenance Services at Marine Patrol Headquarters

31 Dock Road

Gilford, NH

Tuesday August 4, 2026

BIDS DUE NO LATER THAN:

Tuesday , August 18th , at 2:00 p.m. EST (EDT)

CONTENTS:

SECTION 1: OVERVIEW & REQUIREMENTS

SECTION 2: TERMS & CONDITIONS

SECTION 3: BID SUBMISSION INSTRUCTIONS

SECTION 4: BID RESPONSE DOCUMENTS

SECTION 1: OVERVIEW & REQUIREMENTS

OVERVIEW:

The State of New Hampshire, Department of Safety, Division of State Police, Marine Patrol is issuing this Request for Bids (RFB) to solicit competitive responses from qualified vendors to provide Fall and Spring Grounds Maintenance Services at the Marine Patrol Headquarters in Gilford, NH

The purpose of this RFB is to establish a contract for lawn care services for the Spring and Fall from the date of approval by the Governor and Executive Council if applicable or the Director of Administration.

SECTION 2: TERMS & CONDITIONS

REQUIREMENTS:

At a minimum, the Contractor shall perform the following services during each Fall and Spring cleanup:

Removal and disposal of debris that has accumulated on hard surfaces, turf areas, planting beds, walkways, parking lots, and areas immediately surrounding buildings.

Raking and cleanup of lawn and turf areas.

Trimming and pruning of bushes and shrubs, including the removal of damaged, diseased, or dead branches.

Trimming of trees as necessary to remove damaged, diseased, or dead branches that can be safely reached from the ground or with standard landscaping equipment.

Sweeping and cleanup of paved sidewalks, walkways, and parking lots.

Topdressing of existing mulch beds with dark brown mulch to maintain a neat and uniform appearance.

If a location currently utilizes a mulch color other than dark brown, the Contractor shall contact James Minery at (603) 419-9451 prior to performing mulch replacement or replenishment services.

Removal and lawful disposal of all debris generated during the performance of services.

The Contractor shall furnish all labor, supervision, equipment, tools, materials, transportation, disposal services, and incidentals necessary to perform the work required under this contract.

PERFORMANCE STANDARDS:

All work shall be performed in a professional manner and in accordance with industry standards. Upon completion of services, all areas shall be left in a clean, neat, and presentable condition and include but not limited to:

1. Lawn areas free of debris.

2. Mulch evenly distributed.

3. Shrubs uniformly trimmed.

4. No debris left onsite.

5. No damage to turf, signs, curbs, irrigation, or buildings.

6. Worksite left in a clean, professional condition.

DELIVERABLE SCHEDULE:

The Contractor shall provide Fall and Spring Grounds Maintenance Services at

Marine Patrol Headquarters

31 Dock Road Gilford NH.

Fall Cleanup October 1 – November 30, 2026, Spring Cleanup April 1st – May 31st, 2027

VENDOR CERTIFICATIONS:

ALL bidders MUST be duly registered as a vendor authorized to conduct business in the State of New Hampshire.

STATE OF NEW HAMPSHIRE VENDOR APPLICATION: Bidders MUST have a completed Vendor Application and Alternate W-9 Form which MUST be on file with the NH Bureau of Purchase and Property. See the following website for information on obtaining and filing the required forms (no fee):

https://www.das.nh.gov/purchasing/vendorresources.aspx

NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: A bid award, in the form of a purchase order or contract, will ONLY be awarded to a vendor who is CURRENTLY registered to do business AND in good standing with the State of New Hampshire. Please visit the following website to find out more about the requirements for registration with the NH Secretary of State:

https://sos.nh.gov/corporation-ucc-securities/corporation/online-business-services/

VENDOR RESPONSIBILITY:

The successful vendor shall be solely responsible for meeting all terms and conditions specified in the RFB, their bid, and any resulting contract. Any subcontracted vendor shall first be approved by the https://www.das.nh.gov/purchasing/vendorresources.aspx https://sos.nh.gov/corporation-ucc-securities/corporation/online-business-services/

State. The vendor shall remain wholly responsible for performance under the contract and will be considered the sole point of contact with regard to all contractual matters, including payment of any and all charges resulting from any contract.

Regardless of the vendors selected, DOS reserves the right to use any information presented in a bid response. The content of each vendor’s bid shall become public information once a contract has been awarded.

LIABILITY:

The State shall not be held liable for any costs incurred by the vendor in the preparation of their proposal or for work performed prior to contract issuance.

CERTIFICATE OF INSURANCE:

Prior to performing any services for the State, vendors awarded a contract shall be required to:

Submit proof of comprehensive general liability insurance in accordance with Section 14 of the P-37 contract. The coverage shall have appropriate riders against all claims of bodily injury, death or property damage, in amounts of not less than

$1,000,000.00 per occurrence and $2,000,000.00 aggregate.

Certify compliance with, or exemption from, the requirements of NH RSA 281-A, Workers’ Compensation, in accordance with Section 15 of the P-37 contract.

CONTRACT TERMS AND CONDITIONS:

The form contract P-37 included herein shall be part of this bid and the basis for contract discussions. The successful vendor and the State, following notification of award, shall promptly execute this form of contract, which is to be completed by incorporating the service requirements and price conditions established by the vendor’s offer.

BID INQUIRIES/CLARIFICATIONS:

All questions regarding the scope of service contact Jim Minery James.c.minery@dos.nh.gov

603-419-9451

All questions regarding this RFB contact DOScontracts@dos.nh.gov

Vendor Inquiry Period ends Friday August 14th @ 11:00 a.m.

Final Agency Responses to Inquiries will be by Monday August 17th, 2026 @ 2:00 p.m.

Vendor must include complete contact information including the vendor's name, telephone number and fax number and e-mail address.

Verbal communications shall not be considered binding. Only written responses issued by the State shall be considered official and become part of this RFB.

Vendor must include complete contact information including the vendor's name, telephone number and fax number and e-mail address.

ADDENDUM:

In the event it becomes necessary to add or revise any part of this bid prior to the scheduled Bid Opening/Due Date, the Department of Safety, Division of Motor Vehicles shall post any Addenda on the website. It is a vendor’s responsibility to access the website to ensure no bidding opportunity or addenda are overlooked which may impact this bid. The web address is The web address is https://apps.das.nh.gov/bidscontracts/bids.aspx

BID DUE DATE:

All bid submissions must be received at the Department of Safety, no later than 2:00 p.m. on Tuesday August 18, 2026. Submissions received after the date and time specified will be marked as late and will not be eligible for consideration in the evaluation process. There will be no exceptions to this requirement.

The Agency will conduct an initial screening step to verify Vendor compliance with the submission requirements set forth in the RFB and the minimum substantive content and bid format set forth within this RFB. The Agency may waive or offer a limited opportunity to cure immaterial deviations from the RFB requirements if it is determined to be in the best interest of the State. A bid that fails to satisfy content, format or submission requirements may be rejected without further consideration.

mailto:James.c.minery@dos.nh.gov https://apps.das.nh.gov/bidscontracts/bids.aspx

All offers shall remain valid for a period of one hundred and twenty (120) days from the Bid Due Date.

A vendor’s disclosure or distribution of proposals other than to Department of Safety, Division of Motor Vehicles, will be grounds for disqualification. No more than one (1) bid per respondent should be submitted.

BID RECEIPT AND OPENING:

In accordance with RSA 21-G:37 I and II(a), to preserve the integrity of the bidding process, a public bid opening will be held at which it shall disclose the name of the bidders which submitted timely bids and the prices offered.

AWARD CONSIDERATION:

The contract(s) will be awarded to the responsive and responsible bidder(s) offering the lowest total cost for each lot. The State reserves the right to award one (1), multiple, or all lots to one (1) or more vendors, whichever is determined to be in the best interest of the State.

The State reserves the right to cancel all or any part of this RFB at any time. Cancellation of this RFB, in whole or in part, shall not bar the State from issuing an RFB for the same services or from purchasing the same services through other means. Any resulting contract(s) shall become effective on the date approved by Governor and Executive Council for the State of New Hampshire.

If necessary, the vendor agrees to submit a properly executed State agreement form P37 and provide required supporting documentation/certifications within ten (10) business days of being notified they were the lowest bidder. Any agreement(s) that may result from this RFB shall not be binding on either party until final approval.

NOTIFICATION AND AWARD OF CONTRACTS:

Department of Safety, Division of Motor Vehicles, shall provide written notification to a vendor who is awarded a contract relative to this RFB. Public announcements or news releases pertaining to any contract awarded shall not be made without the written permission of the Department.

Bid results will not be given by telephone. Bid results will be made public at the time of bid award which occurs upon the approval of the Governor & Council. Bid results may be viewed on our website at www.nh.gov/safety/commissioner/procurement/index.htm

INVOICING AND PAYMENT:

Invoices shall be submitted via email to the Department of Safety upon completion of services to the equipment. Payment of said invoices shall be paid in full within thirty (30) days after receipt of properly documented invoices and acceptance of the work to the State’s satisfaction.

Invoices shall be Emailed to: Accountspayable@dos.nh.gov

If e-mail is not possible, they shall be mailed to:

NH Department of Safety

33 Hazen Drive

Attn: Accounts Payable

Concord, NH 03305 http://www.nh.gov/safety/commissioner/procurement/index.htm mailto:Accountspayable@dos.nh.gov

SECTION 3: BID SUBMISSION INSTRUCTIONS

INSTRUCTIONS:

All vendors must summarize their prices in Section 4 and complete Attachment 1

All vendors must have a certificate of good standing from NH Secretary of State, a certificate of authority/vote and a certificate of lability insurance.

All vendors must be registered as a NH State vendor with an NH vendor identification number.

Once the bidder is selected, the contract will go to the Governor and Council for final approval to award the contract.

BID SUBMISSION:

Vendors shall submit their bid in its entirety via hand-delivery, mail (address below), or electronically to

Doscontracts@dos.nh.gov

Mailing Address:

Jim Minery

NH Department of Safety

33 Hazen Drive

Concord, NH 03305

Hand-Delivered:

Jim Minery

NH Department of Safety

33 Hazen Drive

Concord, NH 03305

Responses shall be marked as:

State of New Hampshire RFB DOS 2027-03

Due Date: Tuesday August 17, 2026, 2:00 pm.

mailto:Doscontracts@dos.nh.gov

SECTION 4: BID RESPONSE DOCUMENTS

OFFER:

The bidder hereby offers to provide Fall and Spring Clean Up Services as described in RFB DOS- 2027-03

QUALIFICATION OF CONTRACTORS:

The contractor shall provide, at least 2 clients currently being serviced and that the clients listed demonstrate successful services for the makes and types of services listed within this bid.

Client Name , Contact Person

Phone #

Client Name , Contact Person

Phone #

Client Name , Contact Person

Phone #

BIDDER CONTACT INFORMATION:

VENDOR NAME:

VENDOR ADDRESS:

CONTACT NAME:

CONTACT EMAIL:

TEL. # FAX#

EMERGENCY RESPONSE #

REMIT ADDRESS:

REMIT TO CITY, STATE ZIP:

Attachment 1:

Vendor Name:

Vendor Address:

Contact Person:

Telephone:

Email:

Quote Service Price

Spring Cleanup $

Fall Cleanup $

Total: $

Certification

Authorized Signature:

Printed Name:

Title:

Date:

AGREEMENT

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

GENERAL PROVISIONS

1.

SECTION 6: SAMPLE P-37 Contract Document

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

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:

Contractor Initials

Date

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

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 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.

(“Services”). 5.4 The State’s liability under this Agreement shall be limited to monetary damages not to exceed the total fees paid. The Contractor

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 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.

Page 2 of 4 Contractor Initials

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;

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.

8.1.2 failure to submit any report required hereunder; and/or 10.3 Disclosure of data, information and other records shall be governed

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;

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.

8.2.3 give the Contractor a written notice specifying the Event 1o2f.2 For purposes of paragraph 12, a Change of Control shall constitute 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.

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.

9.1 Notwithstanding paragraph 8, the State may, at its sole discretio1n2,.4 The State is entitled to copies of all subcontracts and assignment 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.

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

9.2 In the event of an early termination of this Agreement for 1an3y. INDEMNIFICATION. The Contractor shall indemnify, defend, 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.

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.

Contractor Initials 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

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.

14.1.2 special cause of loss coverage form covering all Proper1t9y.1 This Agreement shall be governed, interpreted and construed in 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 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.

by insurers licensed in the State of New Hampshire. 19.2 Any actions arising out of this Agreement, including the breach or

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 Agreem2e5n.t 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.

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.

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.

Page 4 of 4 Contractor Initials Date