STATE OF NEW HAMPSHIRE

DEPARTMENT OF NATURAL AND CULTURAL RESOURCES

DIVISION OF PARKS AND RECREATION

CAPITAL PROJECTS & MAINTENANCE

GOLF CART 2 YEAR SEASONAL RENTAL

FOR NEW HAMPSHIRE STATE PARKS

SPECIFICATIONS

PROJECT # OPS-2504

February 7, 2025

DIVISION OF PARKS AND RECREATION

CAPITAL PROJECTS & MAINTENANCE

172 Pembroke Road Concord, N.H. 03301

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

SPECIFICATIONS

OPS-2504

GOLF CART 2 YEAR SEASONAL RENTAL

FOR NEW HAMPSHIRE STATE PARKS

CONTENTS

Notice to Bidders N.B. 1

Bid Proposal Form B.P. 1-5

Insurance Requirements G.C 1

Sample Contract Form S.C. 1-4

Sample Certificate of Vote (Corporation with Seal) C 1- & C2

Sample Certificate of Authority/Vote (Limited Partnership) C 3

Sample Certificate of Authority/Vote (Limited Partnership or LLC with Manager) C 4

Sample Certificate of Authority (General Partnership) C 5

Sample Certificate of Authority (Sole Proprietor) C 6

Vendor Application V.A. 1

Alternate W-9 Form W-9

Vehicle Specifications Sp. 1-6

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-2504 Golf Cart 2 Year Seasonal Rental for New Hampshire State Parks

The Delivery date for all vehicles will be no later than 2:00 PM on June 1, 2025.

Proposals for the above project will be accepted until 2:00 P.M., prevailing time, on Thursday February 20, 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. Proposals may be e-mailed to: EDWARD.V.MUSSEY@DNCR.NH.GOV E-mailed Proposals must be received by 1:45 PM on Thursday February 20, 2025.

Specifications will be available to interested contractors at the Planning and Development Office on February 4, 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 34 Crosby Drive Suite 201 Bedford, MA, 03170 Tel.

(781) 430-2006 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 https://apps.das.nh.gov/bidscontracts/bids.aspx 7.) New Hampshire State Parks Website https://www.nhstateparks.org/about-nh-parks/park-proposals-rfps

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.

Bid Proposals must be made out on the forms provided in the specifications packet and submitted in a sealed envelope marked: “Bid Proposal”: Golf Cart Rental. Attn: Edward Mussey.or E-mailed to

EDWARD.V.MUSSEY@DNCR.NH.GOV

Edward V Mussey Public Works Project Manager II

Notice to Bidders Page 1 mailto:EDWARD.V.MUSSEY@DNCR.NH.GOV https://apps.das.nh.gov/bidscontracts/bids.aspx https://www.nhstateparks.org/about-nh-parks/park-proposals-rfps https://www.nhstateparks.org/about-nh-parks/park-proposals-rfps

PLANNING AND DEVELOPMENT

172 Pembroke Road Concord, N.H. 03301

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

BID PROPOSAL FORM

PROJECT: OPS-2504 GOLF CART 2 YEAR SEASONAL RENTAL

PROPOSAL DEADLINE: February 20, 2025 at 2:00 p.m.

DELIVERY DATE: May 1, 2025

Proposals for the above project will be accepted until 2:00 p.m., prevailing time, on February 23, 2025. Bids should be mailed, to: Attn: Edward Mussey Public Works Project Manager Department of Natural and Cultural Resources, 172 Pembroke Road, Concord, N.H. 03301. Bids may be e-mailed to EDWARD.V.MUSSEY@DNCR.NH.GOV. E-mailed bids must be received by 1:45 pm on February 20, 2025.

If e-mailing your bid, please request a read receipt to confirm delivery and that that the bid has been received.

DATE:

PROPOSAL OF:

(Bidders Name)

(Bidders Address)

GRAND TOTAL / LUMP SUM BASE BID:

(Enter the Total from Bid Proposal Page 5)

Bid Proposal Page 1 mailto:EDWARD.V.MUSSEY@DNCR.NH.GOV

DIVISION OF PARKS AND RECREATION

PLANNING AND DEVELOPMENT

PROPOSAL

Proposal of...

(Bidders name)

(Bidders address)

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

OPS-2504 Golf cart 2 year seasonal rental at various State Park locations throughout the State of New Hampshire

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

Commissioner:

In accordance with the advertisement of the Department of Natural and Cultural Resources inviting proposals for the project herein before named and in conformity with the 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 I, or we, propose to furnish all necessary equipment, specified in the manner and at the time prescribed; and understand that the quantities of equipment as shown herein are approximate only and are subject to increase or decrease, and further understand that all quantities of equipment are to be delivered 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

SIGNATURE PAGE

Company Name

Address

Phone

Fax

E-mail Address ______________________________________________________

Signature of Authorized Bidder __ ____ __

Print

Title

Address of Bidder (if different than company)

Names and Addresses of Members of the Firm/Corporation

Name address

Name address

Name address

Bid Proposal Page 3

SCHEDULE OF VALUES GOLF CARTS

INSDICATE WHOLE DOLLAR AMOUNT OF CONTRACT SUM ALLOCATED TO EACH ITEM BELOW:

State Park Name Location Number of Gasoline Powered Vehicles

Number of Electric

Powered Vehicles

Price 2025 Rental Season

Price 2026 Rental Season

Deer Mtn. State Park 5309 North Main Street Pittsburgh, NH 1

Dry River Campground

1464 US Route 302, Twin Mountain, NH

Echo Lake State Park 68 Echo Lake Rd North Conway, NH

Ellacoya State Park 280 Scenic Rd, Gilford, NH 1

Greenfield State Park 52 Campground Rd, Greenfield, NH

Hampton Beach State Park

8 State Park Rd, Hampton, NH

Jericho Mountain State Park

Kingston State Park 124 Main Street Kingston, NH

Lafayette Campground

14 Lafayette Campground Rd, Franconia, NH

Lake Francis State Park

439 River Road Pittsburg, NH 1

Milan Hill State Park Rt. 16 Milan, NH 1

Mollidgewock State Park Rt. 16 Erroll, NH

Monadnock/Gilson Pond Campground

585 Dublin Rd. Jaffrey, NH

Moose Brook State Park 30 Jimtown Road, Gorham, NH

Umbagog State Park 235 East Rte 26, Cambridge, NH

Wadleigh State Park 78 Wadleigh State Park, Sutton, NH

Wellington State Park 650 West Shore Road Alexandria, NH

Total Number of Carts 8 11

Allowances $15,000 $15,000

Subtotal

Total Lump Sum Bid 2025 + 2026 Rental Seasons

The Department of Natural and Cultural Resources Division of Parks and Recreation reserves the right to adjust the number, type of carts, and delivery locations requested in either 2025 or 2026 without changes to individual cart pricing. Any changes by DNCR shall not exceed the Total Lump Sum Bid amount.

Bid Proposal Page 4

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

Include in the Contract, a stipulated sum/price of $30,000 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.

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.

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.

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

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

Bid Proposal Page 5

Intentionally left blank

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.

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. Comprehensive General Liability Insurance covering all rental equipment including owned, hired, borrowed, and non-owned vehicles.

a. Limits of Liability

1.) $350,000 Each Occurrence 2.) 2,000,000 Aggregate

2. 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.

4. 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.

G.C. 1

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.

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:

Certificate of Authority #3 (Limited Partnership, Limited Liability

Professional Partnership or LLC)

Limited Partnership or LLC Certificate of Authority

I, _____________________ , hereby certify that I am a Partner, Member or Manager

(Name) of a limited liability partnership under RSA 304-B, a limited

(Name of Partnership or LLC) liability professional partnership under RSA 304-D, or a limited liability company under

RSA 304-C.

I certify that ______________________ is authorized to bind the partnership or LLC. I

(P-37 Signatory)* further certify that it is understood that the State of New Hampshire will rely on this certificate as evidence that the person listed above currently occupies the position indicated and that they have full authority to bind the partnership or LLC and that this authorization shall remain valid for thirty (30) days from the date of this Corporate Resolution

DATE: ___________________ ATTEST: ___________________________________

(Name)

(Title)

* Note: The signatory to this Certificate of Authority and the signatory to the P-37 may not be the same individual.

Rev 4/26/22 State of New Hampshire VENDOR # ____________ VENDOR APPLICATION (Assigned by Purchase & Property)

BUSINESS NAME/ADDRESS LOCATION

Legal Entity Name:

Doing Business As Name:

Payment Address:

City/Town: _____________________ STATE: ______ ZIP: ___________ COUNTRY:__________________

Business Address:

City/Town: _____________________ STATE: ______ ZIP: ___________ COUNTRY:__________________

Telephone #: ____________________ Cell Phone #: _____________________ FAX #: ______________________

Contact Person: ____________________ Website: _____________________ E-Mail (Main Office): ____________________

Electronic Payment Option: Please contact Treasury at ACHProcessing@treasury.nh.gov or visit their website at Department of Treasury for further information on this option. Registration as a vendor must be completed prior to contacting.

TYPE OF BUSINESS

(Note: Registration with the NH Secretary of State MUST be done prior to the awarding of any contracts) Secretary of State Corporate Division Registration (603) 271-3244

Registered with NH Secretary of State? YES____NO____ State Incorporated In: _________________________

DUNS #:

Select the appropriate designations for your Entity:

Minority Institutions Minority Owned Large Business Minority Owned Small Business

Disabled Veteran Business Svs Disabled Veteran Owned Veteran Owned Small Business

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

Historically Black Colleges Women Owned Sm Bus Women Owned Large Businesses

Small Business SBA Cert Sm Disadvantaged Bus

SIGNATURE BLOCK

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

Name and Title (print or type): ______________________________________________________________

Signature: ____________________________________________________ Date: __________________________________

RETURN ADDRESS

DIVISION OF PROCUREMENT & SUPPORT SERVICES

(Phone) 603-271-2201 BUREAU OF PURCHASE AND PROPERTY (Fax) 603-271-2700 STATE HOUSE ANNEX, ROOM 102 prch.web@das.nh.gov 25 CAPITOL STREET http://das.nh.gov/purchasing CONCORD NH 03301-6398 mailto:ACHProcessing@treasury.nh.gov https://www.nh.gov/treasury/state-vendors/index.htm https://www.nh.gov/treasury/state-vendors/index.htm https://sos.nh.gov/corporation-ucc-securities/corporation/online-business-services/ mailto:prch.web@das.nh.gov http://das.nh.gov/purchasing

Rev 4/26/22 State of New Hampshire VENDOR # ____________ VENDOR APPLICATION (Assigned by Purchase & Property)

STATE OF NEW HAMPSHIRE

ALTERNATE W-9 FORM

PLEASE USE THIS FORM TO PROVIDE THE REQUESTED INFORMATION

Pursuant to IRS Regulations, you must furnish your Taxpayer Identification Number (TIN) to the State whether or not you are required to file tax returns. If this number is not provided, you may be subject to a 24% withholding on each payment made to you.

To avoid this 24% withholding & to ensure that accurate tax information is reported to the IRS, A RESPONSE IS REQUIRED.

Legal Entity Name: _________________________________________________________________________________

Doing Business As Name: __________________________________________________________________________

Payment Address: _________________________________________________________________________________

City/Town: _____________________ STATE: ______ ZIP: ___________ COUNTRY:___________________

Business Address: _________________________________________________________________________________

City/Town: _____________________ STATE: ______ ZIP: ___________ COUNTRY:___________________

Telephone #: ____________________ Cell Phone #: _____________________ FAX #: ________________________

Contact Person: ____________________ Website: _____________________ E-Mail (Main Office): ____________________

TAXPAYER IDENTIFICATION NUMBER (TIN) as used on IRS tax return

Social Security # (SSN): ______________________ Fed ID # (EIN/FIN): ____________________

PRINCIPAL ACTIVITY

Service Provider Product/Merchandise Provider Other Provider

List the principal type of service, product or other that is provided: ______________________________________________

Medical/Health Care Services Legal Services 1099 Grant Reportable

DESIGNATION (select ONLY THOSE which apply to you/your organization as provided to the IRS)

Individual/Sole-Proprietor Corporation (S) Government Single Member LLC LLC (C Corporation) Corporation (C) Travel/Intern

LLC (S Corporation) Partnership Refund/Reimbursement

LLC (P Partnership) Estate or Trust Tax-Exempt

EXEMPTIONS: ____________________________________ Exemption from FATCA reporting: _________________

Under penalty of perjury, I declare that the information provided is true, correct & complete, to the best of my knowledge & belief.

NAME & TITLE (print or type): ____________________________________________________________________

TELEPHONE #: ________________ CELL PHONE #: ________________ FAX #: _______________________

SIGNATURE: _______________________________ DATE: __________________________________

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

PLEASE RETURN WHEN COMPLETED TO: DIVISION OF PROCUREMENT & SUPPORT SERVICES

Email: PRCH.WEB@DAS.NH.GOV BUREAU OF PURCHASE & PROPERTY (Phone) 603-271-2201 STATE HOUSE ANNEX – ROOM 102

(FAX) 603-271-2700 25 CAPITOL ST

http://das.nh.gov/purchasing CONCORD NH 03301 http://das.nh.gov/purchasing

GOLF CART SPECIFICATIONS

SOPE OF WORK:

1. This Rental agreement will be for a two year seasonal rental of Eight (8) Gasoline Powered Golf carts and Eleven (11) Electric Powered Golf carts, new, or used and in good working and cosmetic condition for use by New Hampshire State Park Staff in various State Park Locations throughout the State of New Hampshire.

2. Golf carts are to be sourced from a single manufacturer, multiple manufacturers will not be accepted.

Multiple manufacturer model years will be accepted.

3. The Rental/Lease Seasons shall be as follows:

a. 2025 Season: May 1, 2025 through October 31, 2025.

b. 2026 Season: May 1, 2026 through October 31, 2026.

4. The State of New Hampshire reserves the right to adjust the quantity of rental carts as it sees fit to best suit the needs of New Hampshire State Parks. The State will give the vendor a minimum of a 15 day notice if requesting additional carts, or if requesting that the Golf Carts be picked up from their locations a 5 day notice will be given.

VEHICLE REQUIREMENTS: The basis of these specifications are for Yamaha Fleet Golf Carts model years 2015 or newer.

1. All vehicles delivered shall be fully assembled, serviced, oiled, and ready for immediate use.

2. Gasoline Golf Carts Manufacturer’s model years 2015 or newer will be accepted.

Manufacturer’s model years prior to 2015 will be means for rejecting the bid. Manufacturer’s Model Year 2015 shall mean any Golf Cart Manufactured Between January 1, 2014 and December 31, 2015.

3. Electric Golf Carts Manufacturer’s model years 2018 or newer will be accepted.

Manufacturer’s model years prior to 2018 will be means for rejecting the bid. Manufacturer’s Model Year 2018 shall mean any Golf Cart Manufactured Between January 1, 2018 and December 31, 2018.

4. All vehicles must meet all Federal, and State standards for quality and safety requirements. Vehicles not meeting these standards will be deemed unacceptable and returned to the contractor for credit at no charge to the State.

5. Accessories with each cart should include Aluminum bed, windshields, lights, Brake lights, Taillights, and automatic chargers (built in or stand alone).

SP1

6. Rental fee includes all parts, services, labor, maintenance, and repairs to keep the equipment in good working condition without additional cost to the State. Rental fee shall include all insurance (comprehensive and collision) as well as Delivery and pickup fees.

7. All parts required due to abusive damage, vandalism or other acts are billable to the State of New

Hampshire.

8. Vehicles shall bear no decals, bumper stickers or other such markings.

9. Gasoline Powered Golf Cart Specifications: Carts shall meet these minimum specifications.

a. Motor: Gasoline Combustion Engine 4-stroke OHV

b. Horsepower: 11.4 HP

c. Key or Pedal Start: Key or Pedal Start.

d. Drive Train: Motor Shaft Direct Drive Transaxle: Differential with helical gears.

Or Direct coupled transmission.

d. Gear Selector: Forward/Reverse Shift Lever.

e. Body Color: Forest Green, Hunter Green, Tan or White

f. Seat Color Gray, White, Black or Brown.

g. Brakes: Dual rear wheel drum brakes OR Internal wet brake system.

Park brake.

j. Seating Capacity: 2 Adults

k. Vehicle Load Capacity: 600 lbs+

l. Speed: 12-17 mph

m. Mirrors: Not required.

n. Canopy: Top Canopy.

o. Lighting: Head Lights

p. Horn: Not required

q. Windshield Flat, Clear fold down.

r. Steering: Rack and pinion.

s. Suspension: Front: Leaf springs with hydraulic shock absorbers or Independent

Strut suspension.

Rear: Leaf springs OR Coil springs with hydraulic shock absorbers

t. Cargo/Utility box Aluminum, Steel or Stainless Steel 42” x 30” x 8” (5.83 ft³) or larger cubic foot capacity, equipped as a manual dump bed.

10. Acceptable Manufacturers: Manufacturers products that may be considered but are not limited to the following:

a. Yamaha Golf-Car Company

1000 Georgia Highway 34 East Newnan, Georgia 30265 Phone: 1-866-747-4027 | Fax: 770-254-4158

Acceptable Models: Yamaha DR2A 4 Stroke Golf Car

YAMAHA DR2A EFI 4 Stroke Electronic Fuel Injection Golf Car

SP 2

b. E-Z-GO 1451 Marvin Griffin Road Augusta, Georgia 30906 Phone: 1-800-241-5855 Acceptable Models: Hauler 1200, 1200X

Hauler 800, 800 X ProX , TXT

c. Club Car P.O. Box 204658 Augusta, GA 30917-4658 Phone: 1-800-258-2227

Acceptable Models: Carryall; 100, 300, 502, 500, 550, 1500

d. Substitution requests for the above manufacturer’s and or models shall be submitted in written to the Project Manager at least 3 business days before the bid due date. Substitution requests shall comply with or exceed the minimum requirements as specified in items 8 of the VEHICLE REQUIREMENTS.

11. Electric Powered Golf Cart Specifications: Carts shall meet these minimum specifications.

a. Motor: Electric 3.3 Hp Minimum 48-VDC, 48-VAC 0r 72-VAC.

b. Batteries: 48 Volt DC or 56 Volt or 72 Volt DC.

1. Lithium Maintenance Free Battery Pack 3.1 kW Stored Energy, 60 Amp Capacity Or

2. Lithium 56 Volt

3. Lead Acid Battery (6) 8-Volt batteries with single-point watering system.

4. Lead Acid Battery (9) 8-Volt batteries Deep Cycle with single-point watering system.

c. Key or Pedal Start: Key or Pedal Start. Note: Carts must be equipped with a Key to prevent unauthorized use.

d. Charger: 650 Watt Charger (Standard) 900 Watt Charger (Optional)

1. 48 VDC, 13.5 amp or

2. 56 VDC

3. 72 VDC 8.0 amp

4. Manufacture’s on board charger.

e. Speed Range: 5 Speed settings 5-15 mph (8-24.14 kph)

f. Steering: Self-compensating double reduction helical rack & pinion

g. Fron Suspension: Independent leaf spring w/dual hydraulic shocks

h. Brakes: Self-adjusting, rear wheel mechanical drum o OR Internal wet brake system.

i. Park brake: Foot operated, multi-lock

j. Body Color: Forest Green, Hunter Green, Tan or White

k. Seat Color Gray, White, Black or Brown.

l. Seating Capacity: 2 Adults

l. Vehicle Load Capacity: 600 lbs+

SP3

m. Mirrors: Not required.

n. Canopy: Top Canopy.

o. Lighting: Head Lights

p. Horn: Not required

q. Windshield Flat, Clear fold down.

r. Cargo/Utility box Aluminum, Steel or Stainless Steel 42” x 30” x 8” (5.83 ft³) or larger cubic foot capacity, equipped as a manual dump bed. Or electric dump bed. Bed load minimum 250 lbs.

s. Tires 18 x 8.50-8

12. Acceptable Manufacturers of Electric Powered Golf Carts: Manufacturers products that may be considered but are not limited to the following:

a. Yamaha Golf-Car Company 1000 Georgia Highway 34 East Newnan, Georgia 30265 Phone: 1-866-747-4027 | Fax: 770-254-4158

Acceptable Models: Drive² series, Umax series

b. Club Car P.O. Box 204658 Augusta, GA 30917-4658 Phone: 1-800-258-2227

Acceptable Models: Club Car Tempo, Temp Lithium-Ion 48V Electric

c. E-Z-GO 1451 Marvin Griffin Road Augusta, Georgia 30906 Phone: 1-800-241-5855

Acceptable Models: MY24 Series Freedom RXV

RXV

Cushman (EZGO) Hauler Utility Cart 72V

Substitution requests for the above manufacturer’s and or models shall be submitted in written to the Project Manager at least 3 business days before the bid due date. Substitution requests shall comply with or exceed the minimum requirements as specified in items 8 & 10 of the VEHICLE REQUIREMENTS.

VENDOR REQUIREMENTS:

1. The vendor will respond to any and all request for repairs to vehicles within 48 Hours that such a request is made by State Park Staff.

SP4

2. The Vendor will periodically review and repair the equipment. The vendor shall supply a replacement vehicle for any vehicle rendered inoperative for greater than 72 hours.

3. Any damage occurring to the equipment by unauthorized use of the equipment shall be assumed by the State, the vendor shall repair the damage caused to said equipment under these circumstances and the cost thereof shall be charged directly to the State at prevailing market rates.

4. Prior to Delivery or pickup of the vehicles, the vendor shall coordinate with the Park Manager at each Specified location at least 72 hours in advance.

5. Vehicles shall be ready to be delivered to all State Park locations no later than May 1 2025 and May 1, 2026. Vendor shall coordinate the actual delivery date to each Park Location with each State Park Manager.

6. Vendor shall pickup all vehicles at all locations by October 31, each year. Vendor shall coordinate the pickup dates with each Park Manager.

7. Training & Manuals: The Contractor shall Provide each Park Managers or Park Staff Personal a Minimum of 30 minutes of hands on operational instructions along with any written instructional information on the proper and safe operation of the vehicles at the time and place of delivery.

8. Vendors shall submit a yearly invoice upon delivery.

9. Vendor shall submit a complete list of all golf carts to Edward.V.Mussey@dncr.nh.gov that are delivered to each location specifying quantity, model #, year, serial number, and delivery date. Vendors shall resubmit the same list as above for all golf carts picked up at the end of each season indicating the date the golf carts are picked up.

STATES RESPONSIBILITIES:

1. The State will keep all equipment clean so that they will not detract from the standard appearance and cleanliness of the equipment.

2. The State will in the event of an accident shall promptly report same to vendor. The State will whenever practical obtain appropriate statements from parties to the accident, together with Names, Addresses, and Telephone Numbers of the Witnesses.

3. The State agrees not to permit the use of said equipment by; minor children, individuals incapacitated or incapable of operating said equipment in a safe and sound manner, particularly while under the influence of…