Lawn Maintenance Services

The State of New Hampshire
DEPARTMENT OF ENVIRONMENTAL SERVICES
Winnipesaukee River Basin Program
Franklin WWTP
528 River St., Franklin, NH 03235
(603) 934-4032
Fax (603) 934-4831
April 3, 2026
Request for Proposals for Lawn Maintenance Services
from Qualified Contractors
Introduction
The New Hampshire Department of Environmental Services (NHDES) Winnipesaukee River Basin Program
(WRBP) owns and operates the regional wastewater collection system serving 10 communities in the Lakes
region. The WRBP is seeking proposals from qualified contractors to provide lawn maintenance services,
mowing, and trimming at eleven (11) WRBP facilities located in Laconia, Belmont, Franklin, and Gilford.
Proposed Contract
The chosen contractor will be under contract to the WRBP. We include herein a blank copy of a standard state
service contract (P-37 form), as well as Exhibits A, B and C for the Agreement. Exhibit A are any "Special
Conditions". Exhibit B "The Services" will be the Scope of Work which describes the services. Exhibit C, "Costs
and Terms of Payment," is the form with your quote for the work. It is strongly suggested that you review the
general conditions shown on the second page of the contract form (P-37) including the insurance requirements
contained in Item No. 14. Exhibits A, B, and C shall be completed and returned as the proposal response.
Should your firm be selected for the work, the WRBP will send you a "Notice of Intent to Award" along with a P-
37 contract for execution. In addition to this form, the contract documents include a "Corporate Resolution" for
the work; an insurance certificate meeting the requirements shown in the P-37; and a current "Certificate of
Good Standing" from the NH Secretary of State's office. Be aware that any corporation, individual (sole
proprietorship) or partnership doing business with the State must be registered and in good standing with the
New Hampshire Secretary of State's Office to process a contract. The contractor will be responsible for
providing the WRBP with a current, original certificate issued by the NH Secretary of State dated after April 1,
2026. The firm must also have a current State of NH vendor code.
Because it is necessary for the selected contractor to be registered and in good standing with the NH Secretary
of State's office, if at the time the contractor receives the "Notice of Intent to Award" the contractor is not
registered, the contractor will be allowed fourteen (14) days to complete this task. If at the end of the fourteen
(14) days the contractor is not registered, it will be the WRBP's option to disregard the contractor's proposal.
When the required documents are returned to us, a contract will be processed through the NHDES and the
Governor and Executive Council, a process that usually requires eight (8) to twelve (12) weeks to complete.
The term of this contract shall be for a three-year period beginning on July 1, 2026 and ending on June 30, 2029.
This contract shall be based on the state's fiscal year, which begins July 1st and ends on June 30th of the
subsequent year. The proposed work is based upon an estimated 15 mowing events per year. Payment to the
contractor will only be made for actual mowing or clean-up events.
- CONCORD OFFICE -
29 Hazen Drive, P.O. Box 95, Concord, New Hampshire 03302-0095
603-271-3504
TDD Access: Relay NH 1-800-735-2964

Contractor Responsibilities
The contractor will be solely responsible for errors or omissions; therefore, it is recommended that each bidder
visit the sites prior to finalizing their proposal. This will provide contractors with an opportunity to evaluate
access to the proposed work site and evaluate the level of effort needed to complete the work.
The successful contractor shall provide all labor, materials, services, tools, equipment, transportation, off-site
debris disposal, and facilities to complete the "Scope of Work". It shall be the sole responsibility of the
contractor awarded the project to comply with all local, state, and federal rules and regulations in commission
of the work requested by this specification. All work shall be performed in a neat and workmanlike manner, in
conformance with the best modern trade practices and by competent, experienced workers.
Proposal Requirements
All responses must be received by 3:00pm on April 17, 2026 at the WRBP Maintenance Shop, 202 Water Street,
Laconia, NH 03246. The proposal response must include completed Exhibits A, B, and C. Proposals can also be
mailed or emailed to joseph.a.irving@des.nh.gov. It is the responsibility of the proposing firm to confirm
receipt of their proposal before the deadline. All Proposals must be clearly marked "Lawn Maintenance
Services". Award shall be based upon the lowest total cost for the three (3) fiscal years as depicted on Exhibit C
"Cost Proposal and Terms of Payment" from a qualified lawn maintenance contractor. The WRBP reserves the
right to waive minor discrepancies in submissions, make inquiries as to the qualifications of firms submitting
proposals, and award the contract as is in the best interest of the WRBP.
Correspondence, inquiries, and proposals shall be directed to:
ATTN: Joe Irving Phone: (603) 406-0355
WRBP Maintenance Shop Email: joseph.a.irving@des.nh.gov
202 Water Street
Laconia, NH 03246
Encl.
cc: Sharon McMillin, Environmental Program Manager, WRBP- Franklin
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EXHIBIT A
SPECIAL PROVISIONS
None.
Contractor Initials ___________
Date ___________

EXHIBIT B
THE SERVICES
Lawn Maintenance - Grass Mowing, Trimming, and Fall Clean-up (Debris/Leaf Removal) at the following WRBP
Facilities:
Maintenance Shop/Winnisquam Pump Station Compound: 202 Water Street, Laconia: mowing inside the
fenced area and outside the fence to Water Street. Grass shall be trimmed along the perimeter of all structures
including buildings, tanks, concrete pads, trees, and shrubs. Additional trimming three (3) feet wide is required
inside and outside the fence/property line along the north, south, east and west sides of the compound.
Mowing and string trimming to the West fence is to be done from the end of the ditch in a southerly direction
(in the direction of the river) to the property line.
Wastewater Treatment Plant: 528 River Street, Franklin: Debris cleanup shall be completed in the fall; inside the
fence line and along the exterior fence line immediately outside the entrance during each year of the contract.
This includes cleanup of leaves, sticks, and natural debris.
Ellacoya Pump Station: Ellacoya State Park, 280 Scenic Drive, Gilford: mowing inside the fenced area and the
lawn between the fence and the gravel road. Trimming is required around the perimeter of the building and
along the inside perimeter of the fence, concrete pad, and the wooden fence in front of the station. An area
three (3) foot wide along the outside perimeter of the fence shall be maintained where possible.
Gilford Pump Station: 74 Weirs Road, Gilford: mowing between the row of trees on the east side of the station
to the trees and the embankment on the west side of the building and from the tree line behind the station to
Lake Shore Road. Trimming is required around concrete pads, wellheads, trees, and shrubs and a three (3) foot
wide area west of the tree line on the west side of the building.
Pendleton Beach Pump Station: 67 Pendleton Beach Road, Laconia: limits of mowing are defined as extending
to the woods surrounding the pump station. Trimming is required around the building, concrete pads, well head
and trees.
Maiden Lady Cove Pump Station: 763 Scenic Drive, Laconia: limits of mowing are defined by a gravel driveway
on the North Side of the station, the trees surrounding the station and Scenic Drive. Trimming is required around
the building, concrete pads, valve heads and trees.
North Main Pump Station: 1539 Old North Main Street, Laconia: requires mowing inside the fenced area and a
three (3) foot wide area along three (3) sides of the outside perimeter of the fence. Mowing and trimming both
sides of the access road to the ditch line is required. Trimming is required around the building, concrete pads
and inside perimeter of the fence. Outside of the fence on the South side of the station is not to be mowed or
trimmed.
State School Pump Station: Ahern Park at 43 Great Bay Lane, Laconia: mowing inside the fenced area and a
three (3) foot wide area along the outside perimeter of the fence. Trimming is required around the building,
concrete pad, and fence perimeter.
Jewett Brook Pump Station: 73 Strafford Street, Laconia: mowing of the lawn area defined as extending to
Bisson Avenue, the Winnipesaukee River, Strafford Street and fifteen (15) feet north of the building. Trimming is
required around the building, concrete pad, fence posts, and trees.
Paugus Pump Station: 29 Paugus Park Road, Laconia: mowing inside the fence and outside the fence on the east
to the railroad tracks. The station is situated in a poorly drained area and, as a result, mowing will require
Exhibit B Page 1 of 2 Contractor Initials ___________
Date ___________

lightweight mowers or string trimmers. Trimming is required around the building, concrete pads, fencing, and
trees. An area three (3) foot wide along the outside perimeter of the fence shall be maintained where possible.
Belmont Pump Station: 74 South Road, Belmont: mowing inside of the fence. Trimming an area three (3) foot
wide area around the outside of the fence inside the pasture is required. Trimming is required around the
building, concrete pads, inside the fence perimeter and between the fence and South Road.
River Street Pump Station: 101 River Street, Franklin: mowing inside the fence, a three (3) foot wide area
outside of the fence along its perimeter and the area adjacent to the station between River Street and the paved
driveway leading to the station's main gate. Additional mowing is required in the triangular area outside the
fence formed by the south driveway, River Street, and the Winnipesaukee River. Mowing shall also be done on
the south side of the station, behind the guardrail in the triangular area around the picnic table between the
riverbank and the guardrail. Trimming is required along the perimeter of the building, around both sides of the
guardrail on the south side, picnic table, perimeter fence and concrete pads.
The contractor shall maintain the lawns at all locations in a manner that does not bring negative attention to the
site. It is understood that the mowing and trimming may not be necessary every week throughout the growing
seasons but shall be performed at least every other week or more frequently as directed by WRBP staff. The
contractor shall not allow the lawns to grow unduly long and give the appearance of being unkempt. Lawns shall
be kept free of sticks, leaves and other natural debris. The contractor shall properly dispose of all grass
clippings, leaves and debris off site. Annual Fall Clean-up shall be performed at all 11 locations after the trees
have lost their leaves, to be completed by November 7th.
Mowing is not to start before May 1st and will end on or before November 30th for 30 weeks maximum each
year. Grounds are to be mowed, trimmed, and kept free of natural debris as needed to maintain an acceptable
appearance for a maximum of 15 events per fiscal year for all 11 locations (unless more frequent mowing's are
prescribed).
It shall be the sole responsibility of the contractor to comply with all local, state, and federal rules and
regulations in commission of the work requested by this specification.
All work shall be performed in a neat and workmanlike manner, in conformance with the best modern trade
practices and by competent, experienced workers.
Information contained in the Request for Proposals dated April 3, 2026 and any addenda thereto, are
incorporated herein by reference.
Exhibit B Page 2 of 2 Contractor Initials ___________
Date ___________

EXHIBIT C
COST PROPOSAL AND TERMS OF PAYMENT
COST PER TOTAL COST
FISCAL YEAR (FY) MOWING EVENT EVENTS/FY PER FY
(all 11 locations) (Cost/Event x Events/FY)
FY2027 $ X 15 = $
FY2028 $ X 15 = $
FY2029 $ X 15 = $
FALL CLEAN-UP (once per FY)
FY2027 $
FY2028 $
FY2029 $
Total Price Limitation: COSTS for 3 Fiscal Years $
Notes:
1. The state fiscal year runs from July 1st to June 30th of the following year. FY2027 runs from July 1, 2026 to
June 30, 2027. FY2028 runs from July 1, 2027 to June 30, 2028. FY2029 runs from July 1, 2028 to June 30,
2029.
2. The WRBP shall not accept invoices more frequently than monthly. Each invoice MUST contain the dates
each location was mowed/serviced. The contractor is to be paid within thirty (30) days of submission of
invoice at satisfactory completion of work. Approval of this work does not authorize any expenditure over
the price limitations.
3. Contract price limitation shall be based upon the lowest total cost for the three (3) fiscal years as depicted
above based upon a maximum of 15 mowing events and one fall clean-up each fiscal year. Payment to the
contractor will only be made for actual mowing/clean-up events that are completed to the satisfaction of
the WRBP
4. If any location is missed during a scheduled event, it shall be completed before the next scheduled event at
no cost to the WRBP.
Company Name
Initials ___________
Date ___________

FORM NUMBER P-37 (version 2/23/2023)
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.
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
Click or tap here to enter text.
1.3 Contractor Name 1.4 Contractor Address
1.5 Contractor Phone 1.6 Account Unit and Class 1.7 Completion Date 1.8 Price Limitation
Number
1.9 Contracting Officer for State Agency 1.10 State Agency Telephone Number
1.11 Contractor Signature 1.12 Name and Title of Contractor Signatory
Date:
1.13 State Agency Signature 1.14 Name and Title of State Agency Signatory
Date:
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:
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2. SERVICES TO BE PERFORMED. The State of New hereof, and shall be the only and the complete compensation to the
Hampshire, acting through the agency identified in block 1.1 Contractor for the Services.
("State"), engages contractor identified in block 1.3 ("Contractor") 5.3 The State reserves the right to offset from any amounts
to perform, and the Contractor shall perform, the work or sale of otherwise payable to the Contractor under this Agreement those
goods, or both, identified and more particularly described in the liquidated amounts required or permitted by N.H. RSA 80:7
attached EXHIBIT B which is incorporated herein by reference 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. agrees that it has an adequate remedy at law for any breach of this
3.1 Notwithstanding any provision of this Agreement to the Agreement by the State and hereby waives any right to specific
contrary, and subject to the approval of the Governor and performance or other equitable remedies against the State.
Executive Council of the State of New Hampshire, if applicable,
this Agreement, and all obligations of the parties hereunder, shall 6. COMPLIANCE BY CONTRACTOR WITH LAWS AND
become effective on the date the Governor and Executive Council REGULATIONS/EQUAL EMPLOYMENT
approve this Agreement, unless no such approval is required, in OPPORTUNITY.
which case the Agreement shall become effective on the date the 6.1 In connection with the performance of the Services, the
Agreement is signed by the State Agency as shown in block 1.13 Contractor shall comply with all applicable statutes, laws,
("Effective Date"). regulations, and orders of federal, state, county or municipal
3.2 If the Contractor commences the Services prior to the Effective authorities which impose any obligation or duty upon the
Date, all Services performed by the Contractor prior to the Contractor, including, but not limited to, civil rights and equal
Effective Date shall be performed at the sole risk of the Contractor, employment opportunity laws and the Governor's order on Respect
and in the event that this Agreement does not become effective, the and Civility in the Workplace, Executive order 2020-01. In
State shall have no liability to the Contractor, including without addition, if this Agreement is funded in any part by monies of the
limitation, any obligation to pay the Contractor for any costs United States, the Contractor shall comply with all federal
incurred or Services performed. executive orders, rules, regulations and statutes, and with any rules,
3.3 Contractor must complete all Services by the Completion Date regulations and guidelines as the State or the United States issue to
specified in block 1.7. implement these regulations. The Contractor shall also comply
with all applicable intellectual property laws.
4. CONDITIONAL NATURE OF AGREEMENT. 6.2 During the term of this Agreement, the Contractor shall not
Notwithstanding any provision of this Agreement to the contrary, discriminate against employees or applicants for employment
all obligations of the State hereunder, including, without limitation, because of age, sex, sexual orientation, race, color, marital status,
the continuance of payments hereunder, are contingent upon the physical or mental disability, religious creed, national origin,
availability and continued appropriation of funds. In no event shall gender identity, or gender expression, and will take affirmative
the State be liable for any payments hereunder in excess of such action to prevent such discrimination, unless exempt by state or
available appropriated funds. In the event of a reduction or federal law. The Contractor shall ensure any subcontractors
termination of appropriated funds by any state or federal legislative comply with these nondiscrimination requirements.
or executive action that reduces, eliminates or otherwise modifies 6.3 No payments or transfers of value by Contractor or its
the appropriation or availability of funding for this Agreement and representatives in connection with this Agreement have or shall be
the Scope for Services provided in EXHIBIT B, in whole or in part, made which have the purpose or effect of public or commercial
the State shall have the right to withhold payment until such funds bribery, or acceptance of or acquiescence in extortion, kickbacks,
become available, if ever, and shall have the right to reduce or or other unlawful or improper means of obtaining business.
terminate the Services under this Agreement immediately upon 6.4. The Contractor agrees to permit the State or United States
giving the Contractor notice of such reduction or termination. The access to any of the Contractor's books, records and accounts for
State shall not be required to transfer funds from any other account the purpose of ascertaining compliance with this Agreement and
or source to the Account identified in block 1.6 in the event funds all rules, regulations and orders pertaining to the covenants, terms
in that Account are reduced or unavailable. and conditions of this Agreement.
5. CONTRACT PRICE/PRICE LIMITATION/ PAYMENT. 7. PERSONNEL.
5.1 The contract price, method of payment, and terms of payment 7.1 The Contractor shall at its own expense provide all personnel
are identified and more particularly described in EXHIBIT C necessary to perform the Services. The Contractor warrants that all
which is incorporated herein by reference. personnel engaged in the Services shall be qualified to perform the
5.2 Notwithstanding any provision in this Agreement to the Services, and shall be properly licensed and otherwise authorized
contrary, and notwithstanding unexpected circumstances, in no to do so under all applicable laws.
event shall the total of all payments authorized, or actually made 7.2 The Contracting Officer specified in block 1.9, or any
hereunder, exceed the Price Limitation set forth in block 1.8. The successor, shall be the State's point of contact pertaining to this
payment by the State of the contract price shall be the only and the Agreement.
complete reimbursement to the Contractor for all expenses, of
whatever nature incurred by the Contractor in the performance
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8. EVENT OF DEFAULT/REMEDIES. 10.2 All data and any Property which has been received from the
8.1 Any one or more of the following acts or omissions of the State, or purchased with funds provided for that purpose under this
Contractor shall constitute an event of default hereunder ("Event Agreement, shall be the property of the State, and shall be returned
of Default"): to the State upon demand or upon termination of this Agreement
8.1.1 failure to perform the Services satisfactorily or on schedule; 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
8.1.3 failure to perform any other covenant, term or condition of governed by N.H. RSA chapter 91-A and/or other applicable law.
this Agreement. Disclosure requires prior written approval of the State.
8.2 Upon the occurrence of any Event of Default, the State may
take any one, or more, or all, of the following actions: 11. CONTRACTOR'S RELATION TO THE STATE. In the
8.2.1 give the Contractor a written notice specifying the Event of performance of this Agreement the Contractor is in all respects an
Default and requiring it to be remedied within, in the absence of a independent contractor, and is neither an agent nor an employee of
greater or lesser specification of time, thirty (30) calendar days the State. Neither the Contractor nor any of its officers, employees,
from the date of the notice; and if the Event of Default is not timely agents or members shall have authority to bind the State or receive
cured, terminate this Agreement, effective two (2) calendar days any benefits, workers' compensation or other emoluments
after giving the Contractor notice of termination; provided by the State to its employees.
8.2.2 give the Contractor a written notice specifying the Event of
Default and suspending all payments to be made under this 12. ASSIGNMENT/DELEGATION/SUBCONTRACTS.
Agreement and ordering that the portion of the contract price which 12.1 Contractor shall provide the State written notice at least fifteen
would otherwise accrue to the Contractor during the period from (15) calendar days before any proposed assignment, delegation, or
the date of such notice until such time as the State determines that other transfer of any interest in this Agreement. No such
the Contractor has cured the Event of Default shall never be paid assignment, delegation, or other transfer shall be effective without
to the Contractor; the written consent of the State.
8.2.3 give the Contractor a written notice specifying the Event of 12.2 For purposes of paragraph 12, a Change of Control shall
Default and set off against any other obligations the State may owe constitute assignment. "Change of Control" means (a) merger,
to the Contractor any damages the State suffers by reason of any consolidation, or a transaction or series of related transactions in
Event of Default; and/or which a third party, together with its affiliates, becomes the direct
8.2.4 give the Contractor a written notice specifying the Event of or indirect owner of fifty percent (50%) or more of the voting
Default, treat the Agreement as breached, terminate the Agreement shares or similar equity interests, or combined voting power of the
and pursue any of its remedies at law or in equity, or both. Contractor, or (b) the sale of all or substantially all of the assets of
the Contractor.
9. TERMINATION. 12.3 None of the Services shall be subcontracted by the Contractor
9.1 Notwithstanding paragraph 8, the State may, at its sole without prior written notice and consent of the State.
discretion, terminate the Agreement for any reason, in whole or in 12.4 The State is entitled to copies of all subcontracts and
part, by thirty (30) calendar days written notice to the Contractor assignment agreements and shall not be bound by any provisions
that the State is exercising its option to terminate the Agreement. contained in a subcontract or an assignment agreement to which it
9.2 In the event of an early termination of this Agreement for any is not a party.
reason other than the completion of the Services, the Contractor
shall, at the State's discretion, deliver to the Contracting Officer, 13. INDEMNIFICATION. The Contractor shall indemnify,
not later than fifteen (15) calendar days after the date of defend, and hold harmless the State, its officers, and employees
termination, a report ("Termination Report") describing in detail from and against all actions, claims, damages, demands,
all Services performed, and the contract price earned, to and judgments, fines, liabilities, losses, and other expenses, including,
including the date of termination. In addition, at the State's without limitation, reasonable attorneys' fees, arising out of or
discretion, the Contractor shall, within fifteen (15) calendar days relating to this Agreement directly or indirectly arising from death,
of notice of early termination, develop and submit to the State a personal injury, property damage, intellectual property
transition plan for Services under the Agreement. infringement, or other claims asserted against the State, its officers,
or employees caused by the acts or omissions of negligence,
10. PROPERTY OWNERSHIP/DISCLOSURE. reckless or willful misconduct, or fraud by the Contractor, its
10.1 As used in this Agreement, the word "Property" shall mean employees, agents, or subcontractors. The State shall not be liable
all data, information and things developed or obtained during the for any costs incurred by the Contractor arising under this
performance of, or acquired or developed by reason of, this paragraph 13. Notwithstanding the foregoing, nothing herein
Agreement, including, but not limited to, all studies, reports, files, contained shall be deemed to constitute a waiver of the State's
formulae, surveys, maps, charts, sound recordings, video sovereign immunity, which immunity is hereby reserved to the
recordings, pictorial reproductions, drawings, analyses, graphic State. This covenant in paragraph 13 shall survive the termination
representations, computer programs, computer printouts, notes, of this Agreement.
letters, memoranda, papers, and documents, all whether finished or
unfinished.
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14. INSURANCE. 18. AMENDMENT. This Agreement may be amended, waived or
14.1 The Contractor shall, at its sole expense, obtain and discharged only by an instrument in writing signed by the parties
continuously maintain in force, and shall require any subcontractor hereto and only after approval of such amendment, waiver or
or assignee to obtain and maintain in force, the following discharge by the Governor and Executive Council of the State of
insurance: New Hampshire unless no such approval is required under the
14.1.1 commercial general liability insurance against all claims of circumstances pursuant to State law, rule or policy.
bodily injury, death or property damage, in amounts of not less than
$1,000,000 per occurrence and $2,000,000 aggregate or excess; 19. CHOICE OF LAW AND FORUM.
and 19.1 This Agreement shall be governed, interpreted and construed
14.1.2 special cause of loss coverage form covering all Property in accordance with the laws of the State of New Hampshire except
subject to subparagraph 10.2 herein, in an amount not less than where the Federal supremacy clause requires otherwise. The
80% of the whole replacement value of the Property. wording used in this Agreement is the wording chosen by the
14.2 The policies described in subparagraph 14.1 herein shall be on parties to express their mutual intent, and no rule of construction
policy forms and endorsements approved for use in the State of shall be applied against or in favor of any party.
New Hampshire by the N.H. Department of Insurance, and issued 19.2 Any actions arising out of this Agreement, including the
by insurers licensed in the State of New Hampshire. breach or alleged breach thereof, may not be submitted to binding
14.3 The Contractor shall furnish to the Contracting Officer arbitration, but must, instead, be brought and maintained in the
identified in block 1.9, or any successor, a certificate(s) of Merrimack County Superior Court of New Hampshire which shall
insurance for all insurance required under this Agreement. At the have exclusive jurisdiction thereof.
request of the Contracting Officer, or any successor, the Contractor
shall provide certificate(s) of insurance for all renewal(s) of 20. CONFLICTING TERMS. In the event of a conflict between
insurance required under this Agreement. The certificate(s) of the terms of this P-37 form (as modified in EXHIBIT A) and any
insurance and any renewals thereof shall be attached and are other portion of this Agreement including any attachments thereto,
incorporated herein by reference. the terms of the P-37 (as modified in EXHIBIT A) shall control.
15. WORKERS' COMPENSATION. 21. THIRD PARTIES. This Agreement is being entered into for
15.1 By signing this agreement, the Contractor agrees, certifies and the sole benefit of the parties hereto, and nothing herein, express or
warrants that the Contractor is in compliance with or exempt from, implied, is intended to or will confer any legal or equitable right,
the requirements of N.H. RSA chapter 281-A ("Workers' benefit, or remedy of any nature upon any other person.
Compensation").
15.2 To the extent the Contractor is subject to the requirements of 22. HEADINGS. The headings throughout the Agreement are for
N.H. RSA chapter 281-A, Contractor shall maintain, and require reference purposes only, and the words contained therein shall in
any subcontractor or assignee to secure and maintain, payment of no way be held to explain, modify, amplify or aid in the
Workers' Compensation in connection with activities which the interpretation, construction or meaning of the provisions of this
person proposes to undertake pursuant to this Agreement. The Agreement.
Contractor shall furnish the Contracting Officer identified in block
1.9, or any successor, proof of Workers' Compensation in the 23. SPECIAL PROVISIONS. Additional or modifying
manner described in N.H. RSA chapter 281-A and any applicable provisions set forth in the attached EXHIBIT A are incorporated
renewal(s) thereof, which shall be attached and are incorporated herein by reference.
herein by reference. The State shall not be responsible for payment
of any Workers' Compensation premiums or for any other claim or 24. FURTHER ASSURANCES. The Contractor, along with its
benefit for Contractor, or any subcontractor or employee of agents and affiliates, shall, at its own cost and expense, execute any
Contractor, which might arise under applicable State of New additional documents and take such further actions as may be
Hampshire Workers' Compensation laws in connection with the reasonably required to carry out the provisions of this Agreement
performance of the Services under this Agreement. and give effect to the transactions contemplated hereby.
16. WAIVER OF BREACH. A State's failure to enforce its rights 25. SEVERABILITY. In the event any of the provisions of this
with respect to any single or continuing breach of this Agreement Agreement are held by a court of competent jurisdiction to be
shall not act as a waiver of the right of the State to later enforce any contrary to any state or federal law, the remaining provisions of
such rights or to enforce any other or any subsequent breach. this Agreement will remain in full force and effect.
17. NOTICE. Any notice by a party hereto to the other party shall 26. ENTIRE AGREEMENT. This Agreement, which may be
be deemed to have been duly delivered or given at the time of executed in a number of counterparts, each of which shall be
mailing by certified mail, postage prepaid, in a United States Post deemed an original, constitutes the entire agreement and
Office addressed to the parties at the addresses given in blocks 1.2 understanding between the parties, and supersedes all prior
and 1.4, herein. agreements and understandings with respect to the subject matter
hereof.
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