RFB DOT 2024-424.pdf

STATE OF NEW HAMPSHIRE BID TRANSMITTAL LETTER

Date: ___________________ Company Name: ________________________________________

Address: __________________________________________________________________

To: Point of Contact: Jared Cloutier Telephone: 603-271-3721 Email: Jared.D.Cloutier@dot.nh.gov

RE: Bid Invitation Name: Contract for Yard Crane Inspection, Repairs & Scheduled Service Bid Number: BID RFB – DOT – 2024-424 Bid Posted Date (on or by): 4/25/2024 Bid Opening Date and Time: 11:00 am, prevailing time on May 9, 2024

[Insert name of signor] _____________________________, on behalf of _____________________________ [insert name of entity submitting bid (collectively referred to as “Vendor”) hereby submits an offer as contained in the written bid submitted herewith (“Bid”) to the State of New Hampshire in response to BID RFB – DOT – 2024 – 424, Contract for Yard Crane Inspection and Repairs at the price(s) quoted herein in complete accordance with the bid.

Vendor attests to the fact that:

1. The Vendor has reviewed and agreed to be bound by the Bid.

2. The Vendor has not altered any of the language or other provisions contained in the Bid document.

3. The Bid is effective for a period of 180 days from the Bid Opening date as indicated above.

4. The prices Vendor has quoted in the Bid were established without collusion with other vendors.

5. The Vendor has read and fully understands this Bid.

6. Further, the undersigned Vendor certifies that neither the Vendor nor any of its subsidiaries, affiliates or principal officers (principal officers refers to individuals with management responsibility for the entity or association):

a. Has, within the past 2 years, been convicted of, or pleaded guilty to, a violation of RSA 356:2, RSA 356:4, or any state or federal law or county or municipal ordinance prohibiting specified bidding practices, or involving antitrust violations, which has not been annulled;

b. Has been prohibited, either permanently or temporarily, from participating in any public works project pursuant to RSA 638:20;

c. Has previously provided false, deceptive, or fraudulent information on a vendor code number application form, or any other document submitted to the state of New Hampshire, which information was not corrected as of the time of the filing a bid, proposal, or quotation;

d. Is currently debarred from performing work on any project of the federal government or the government of any state;

e. Has, within the past 2 years, failed to cure a default on any contract with the federal government or the government of any state;

f. Is presently subject to any order of the department of labor, the department of employment security, or any other state department, agency, board, or commission, finding that the applicant is not in compliance with the requirements of the laws or rules that the department, agency, board, or commission is charged with implementing;

g. Is presently subject to any sanction or penalty finally issued by the department of labor, the department of employment security, or any other state department, agency, board, or commission, which sanction or penalty has not been fully discharged or fulfilled;

h. Is currently serving a sentence or is subject to a continuing or unfulfilled penalty for any crime or violation noted in this section;

i. Has failed or neglected to advise the division of any conviction, plea of guilty, or finding relative to any crime or violation noted in this section, or of any debarment, within 30 days of such conviction, plea, finding, or debarment; or

Authorized Signor’s Signature _______________________________ Authorized Signor’s Title ________________________

NOTARY PUBLIC/JUSTICE OF THE PEACE

COUNTY: ___________________________ STATE: ______________ ZIP: _________________

On the _____ day of _______________, 2024, personally appeared before me, the above named ________________________, in his/her capacity as authorized representative of ________________, known to me or satisfactorily proven, and took oath that the foregoing is true and accurate to the best of his/her knowledge and belief.

In witness thereof, I hereunto set my hand and official seal.

(Notary Public/Justice of the Peace)

My commission expires: _________________________________________________________ (Date)

Form P37-A mailto:Jared.D.Cloutier@dot.nh.gov

Contractor Initials: __________

Date: __________

#RFB_DOT 2024-424 YARD CRANE AND INSPECTION CONTRACT

CONTRACT FOR: YARD CRANE INSPECTION, REPAIRS & SCHEDULED SERVICE - BID TERMS AND CONDITIONS

CONTRACTOR RESPONSIBILITY:

The successful Contractor shall be solely responsible for meeting all terms and conditions specified in the bid, and any resulting contract(s).

TERMS OF SUBMISSION:

All material received in response to this bid shall become the property of State and will not be returned to the

Contractor. Regardless of the Contractors selected, State reserves the right to use any information presented in a bid response. The content of each Contractor’s bid shall become public information once a contract(s) has been awarded. Complete bids shall be filled out on original bid format. Contractors may submit additional paperwork with pricing, but all pricing shall be on bid and in the State’s format.

PUBLIC DISCLOSURE OF BID SUBMISSIONS:

Generally, all bids and proposals (including all materials submitted in connection with them, such as attachments, exhibits and addenda) become public information upon the effective date of a resulting contract or purchase order.

However, to the extent consistent with applicable state and federal laws and regulations, as determined by the

State, including, but not limited to, RSA Chapter 91-A (the “Right-to-Know” Law), the State will attempt to maintain the confidentiality of portions of a bid that are clearly and properly marked by a Contractor as confidential. Any and all information contained in or connected to a bid or proposal that a Contractor considers confidential must be clearly designated in a manner that draws attention to the designation. The State shall have no obligation to maintain the confidentiality of any portion of a bid, proposal or related material, which is not so marked.

Marking an entire bid, proposal, attachment, or sections thereof confidential without taking into consideration the public’s right to know will neither be accepted nor honored by the State. Notwithstanding any provision of this

RFP/RFB to the contrary, pricing will be subject to public disclosure upon the effective date of all resulting contracts or purchase orders, regardless of whether or not marked as confidential. If a bid or proposal results in a purchase order or contract, whether or not subject to approval by the Governor and Executive Council, all material contained in, made part of, or submitted with the contract or purchase order shall be subject to public disclosure.

If a request is made to the State by any person or entity to view or receive copies of any portion of a bid or proposal, and if disclosure is not prohibited under RSA 21-I: 13-a, Contractors acknowledge and agree that the State may disclose any and all portions of the bid, proposal or related materials which is not marked as confidential. In the case of bids, proposals or related materials that contain portions marked confidential, the State will assess what information it believes is subject to release; notify the Contractor that the request has been made; indicate what, if any, portions of the bid, proposal or related material will not be released; and notify the Contractor of the date it plans to release the materials. The State is not obligated to comply with a Contractor’s designation regarding confidentiality.

By submitting a bid or proposal, the Contractor agrees that unless it obtains and provides to the State, prior to the date specified in the notice described in the paragraph above, a court order valid and enforceable in the State of

New Hampshire, at its sole expense, enjoining the release of the requested information, the State may release the information on the date specified in the notice without any liability to the Contractor.

LIABILITY:

The State shall not be held liable for any costs incurred by the Contractor in the preparation of their bid or for work performed prior to contract(s) issuance.

BID DUE DATE:

Sealed bids shall be received and deposited in the bid box at the 33 Smokey Bear Boulevard, Concord office of The

Bureau of Mechanical Services prior to 11:00 am, prevailing time on 5/9/2024 , at which time they will be opened. It shall be the Contractors’ responsibility to ensure the bid is deposited as specified. Bids delivered to the bureau by alternative means are submitted at the sole risk of the Contractor. The Department will not accept responsibility for any reason if the bids are not deposited in the bid box by the specified time and date. Bids received after the time stated for opening bids will not be opened or considered.

The State is under no obligation to make an award based upon this solicitation; the State, in its discretion, may reject any or all of the submitted bids. All offers shall remain valid for a period of sixty (60) days from the bid due date. A

Contractor’s disclosure or distribution of Bids other than to NH DOT – Bureau of mechanical Services may be grounds for disqualification.

CONTRACT(S) TERMS AND CONDITIONS:

The Contractor’s signature on a bid submitted in response to this bid guarantees that all of the State of New

Hampshire’s Terms and Conditions are accepted by the Contractor

The form contract(s) P-37 attached hereto shall be part of this bid and the basis for the contract(s).

The successful Contractor and the State, following notification, shall promptly execute this form of contract(s), which is to be completed by incorporating the service requirements and price conditions established by the Contractor’s offer, a sample of the P-37 document is attached for Contractors review. Sample P-37 document attached for review.

IF AWARDED A CONTRACT, The Contractor must complete the following sections of the attached Agreement State of

New Hampshire Form #P-37;

Section 1.3 Contractor(s) Name

Section 1.4 Contractor(s) Address

Section 1.11 Contractor(s) Signature

Section 1.12 Name & Title of Contractor(s) Signor

Section 1.13 Acknowledgements

Section 1.13.1 Signature of Notary Public or Justice of the Peace

Section 1.13.2 Name & Title of Notary or Justice of the Peace

• Provide certificate of insurance with the minimum limits required as described above.

• Provide a certificate of good standing from the NH Secretary of State or proof of your completion of and payment for the start of the registration process.

CERTIFICATE OF INSURANCE:

Contractors awarded a contract(s) shall be required to submit proof of Comprehensive General Liability prior to performing any services for the State. The coverage shall have appropriate riders against all claims of bodily injury, death or property damage, in amounts of not less than $250,000.00 per claim and $2,000,000.00 per incident or

$1,000,000.00 per occurrence and $1,000,000.00 umbrella. Coverage shall also include automobile liability and workers’ compensation.

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

• 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.

• Provide certificate of insurance with the minimum limits required as described above

CONTRACTOR(S) OPPORTUNITY:

Contractor(s) may also make site visits to any location they chose to bid on if applicable. Contractor(s) are responsible for having ascertained pertinent local conditions, such as equipment conditions, locations, accessibility and general character of the sites knowledge of conditions affecting delivery performance. The act of submitting a bid is to be considered in full acknowledgment that the Contractor(s) is familiar with the conditions and requirements of these specifications.

CONTRACTOR CERTIFICATIONS:

ALL Contractors SHALL be duly registered as a Contractor authorized to conduct business in the State of New

Hampshire. Contractors shall comply with the certifications below at the time of submission and through the term of any contract which results from said bid. Failure to comply shall be grounds for disqualification of bid and/or the termination of any resultant contract:

• STATE OF NEW HAMPSHIRE CONTRACTOR APPLICATION: Contractor SHALL has a completed Contractor Application and Alternate W-9 Form which SHALL 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):

http://admin.state.nh.us/purchasing/Contractor.asp

• NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: A bid award, in the form of a contract(s), will ONLY be awarded to a Contractor who is 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:

http://www.sos.nh.gov/corporate.

http://admin.state.nh.us/purchasing/Contractor.asp http://www.sos.nh.gov/corporate

• CONFIDENTIALITY & CRIMINAL RECORD: If Applicable, by the using agency, the Contractor will have signed by each of employees or its approved sub-Contractor(s), if any, working in the office or externally with the State of New Hampshire records a Confidentiality form and Criminal Record Authorization Form. These forms shall be returned to the individual using agency prior to the start of any work.

CONTRACTOR’S RESPONSIBILITY:

Read the entire bid invitation prior to filling it out. Complete the pricing information in the “Offer” section (the unit price is the price for the unit of purchase required by this bid invitation {i.e. each, case, box, etc.) and all other required information on your offer. The extension is the unit price multiplied by the quantity required by this bid invitation. Also complete the “Contractor Contact Information” section. Finally, complete the company information on the “General Conditions and Instructions” page of this bid invitation, then sign the bid in the space provided on that page. This request for Bid and any addenda to this bid invitations are advertised / posted at the following web site: http://das.nh.gov/purchasing

• It is a prospective Contractor’s responsibility to access our website to determine any bid invitation under which they wish to participate. It is also the Contractor(s)’s responsibility to access our website for any posted addendum.

• The website is update several times per day; it is the responsibility of the prospective Contractor(s) to access the website frequently to ensure no bidding opportunity or addenda are overlooked.

• It is the prospective Contractor’s responsibility to forward a signed copy of any associated addenda to the Bureau of

Mechanical Services along with their bid response.

OBLIGATIONS & LIABILITY OF THE CONTRACTOR:

The Contractor shall do all the work and furnish all the materials, tools, equipment and safety devices necessary to perform in the manner and within the time hereinafter specified. Contractor shall complete the entire work to the satisfaction of the State and in accordance with the specifications herein mentioned, at the price herein agreed upon and fixed therefore. All the work, labor and equipment to be done and furnished under this contract(s), shall be done and furnished strictly pursuant to, and in conformity with the specifications described herein, and the directions of the State representatives as given from time to time during the progress of the work, under the terms of this contract(s) and also in accordance with contract(s) drawings.

The Contractor shall take all responsibility for the work under this contract(s); for the protection of the work; and for preventing injuries to persons and damage to property and utilities on or about the work. They shall in no way be relieved of their responsibility by any right of the State to give permission or issue orders relating to any part of the work; or by any such permission given on orders issued or by failure of the State to give such permission or issue such orders. The Contractor shall bear all losses resulting to him or to the Owner on account of the amount or character of the work, or because of the nature of the area in or on which the work is done is differed from what was estimated or expected, or account of the weather, elements or other causes. The Contractor agrees that any damage or injury to buildings, materials, and equipment or to other property during the performance of this service will be repaired at their own expense.

INSTRUCTIONS TO CONTRACTOR:

Read the entire bid invitation prior to filling it out. Complete the pricing information in the “Offer” section (the unit price is the price for the unit of purchase required by this bid invitation {i.e. each, case, box, etc.) and all other required information on your offer. The extension is the unit price multiplied by the quantity required by this bid invitation. Also complete the “Contractor Contact Information” section.

BID SUBMITTAL

All bids must be submitted on this form or an exact copy, must be typed or clearly printed in ink and must be received on or before the date and time specified.

Specifications and bid forms may be obtained from Mechanical Services at the address below or at the following website link. http://das.nh.gov/purchasing

Bids shall be placed in two envelopes, with the inner envelope sealed and plainly marked

“Bid for YARD CRANE INSPECTION & REPAIR” RFB_DOT_2024-424 NH DOT -Mechanical Services”, Addressed to:

Bureau of Mechanical Services PO Box 483, 33 Smokey Bear Boulevard Concord, New Hampshire 03302- 0456

RFB_DOT_2024_424, Yard Crane inspections http://das.nh.gov/purchasing

Sealed bids shall be received and deposited in the bid box at the 33 Smokey Bear Boulevard, Concord office of The

Bureau of Mechanical Services prior to 11:00 am, prevailing time on 5/9/2024, at which time they will be opened. It shall be the Contractor’s responsibility to ensure the bid is deposited as specified. Bids delivered to the Bureau of

Mechanical Services by alternative means, FAX, MAIL ETC… are submitted at the sole risk of the Contractor. The

Department will not accept responsibility for any reason if the bid is not deposited in the bid box by the specific time and date. Bids received after the time for opening bids will not be considered.

PURPOSE:

The purpose of this bid invitation is to establish a contract for supplying the State of New Hampshire Department of

Transportation, Bureau of Mechanical Services with the service(s) indicated in the “Offer” section of this bid invitation to be requested as needed during the term of the contract, in accordance with the requirements of this bid invitation and any resulting contract.

CONTRACT TERM:

Any resulting contract (s) for service shall commence upon approval by Governor and Council for a term of approximately 3 years beginning approximately July 1, 2024 through June 30, 2027, whichever is later

TERMINATION:

The State of New Hampshire shall have the right to terminate the purchase contract at any time by giving the successful Contractor a thirty (30) day written notice.

REQUEST FOR INQUIRY, CHANGES AND/OR CLARIFICATION:

Any Questions must be submitted by an individual authorized to commit their organization to the Terms and

Conditions of this bid. Submissions must clearly identify the bid Number, the Contractor’s name and address and the name of the person submitting the question. Any requested changes to this bid invitation by the Contractor must be received in writing at the Bureau of Mechanical Services no later than 3:30 PM on the (5th) fifth business day prior to the date of the bid opening. Questions must be submitted by E-mail to Michael Walsh at the following address: Jared.D.Cloutier@dot.nh.gov

ADDENDUM:

In the event it becomes necessary to add to or revise any part of this bid prior to the scheduled submittal date, the

Bureau of Mechanical Services will post on the states web site any Addenda. Before your submission, always check the site for any addenda or other materials that may have been issued affecting the bid. The web site address is:

BID PRICES:

Bid prices must be in US dollars and must include all costs required by this bid invitation. Bid prices should result in prices that are no higher than those charged to the Contractor’s best/preferred customer. Special charges, surcharges, or fuel charges of any kind (by whatever name) may not be added on at any time.

BID AWARD:

The award of the bid will be based upon THE TOTAL LOW BID MEETING ALL SPECIFICATIONS from the listing of the items indicated in the “Exhibit B” of this bid invitation. Successful Contractor will not be allowed to require any other type of order, nor will the successful Contractor be allowed to require the filling out or signing of any other document by State of

New Hampshire personnel. The State reserves the right to reject any or all bids or any part thereof and add/delete locations to the contract price. If an award is made it shall be, in the form of an NH DOT Contract.

NOTIFICATION AND AWARD OF CONTRACT(S):

Bid results will not be given by telephone. For Contractors wishing to attend the bid opening: Bid results will be made public after final approval of the contract(s).

BID OPENING:

Contractors wishing to attend the bid Opening: Names of the Contractors submitting responses and total offered price shall be made public.

BID RESULTS:

Bid results may also be viewed on our website at. http://das.nh.gov/purchasing

ABILITY TO PROVIDE:

Successful Contractor must be capable of providing the State of New Hampshire, Department of Transportation with their entire requirements of the repair services as required in this bid invitation and any resulting contract without any delay or substitution. Contractor’s location shall be within a 30-mile radius of NH DOT - Bureau of Mechanical Services, 33 Smokey Bear Boulevard Concord, New Hampshire 03302-0456

ESTIMATED CONTRACT VALUE:

The annual value of the contract is estimated to be $25,000.00 per year. This figure is given for informational purposes only and shall not be considered a guaranteed or minimum figure, nor shall it be considered a maximum figure. The state reserves the right to add or remove Yard Cranes to be inspected or repaired from the list indicated in Exhibit B, due to the possibility of units being added or removed from service during the contract period. Actual contract value will be dependent upon work required.

SPECIFICATION COMPLIANCE:

Contractor's offer must meet or exceed the required specifications as written. The State of New Hampshire shall be the sole determining factor of what meets or exceeds the required specifications unless otherwise specified and authorized at time of repair estimate approval, all parts & components offered by the Contractor must be new; shall not be used, rebuilt, refurbished; shall not have been used as demonstration equipment, and shall not have been placed anywhere for evaluation purposes.

CONTRACTOR CONTACT INFORMATION:

The following information is for this office to be able to contact a person knowledgeable of your bid response, and who can answer questions regarding it:

Contact Person Local Telephone Number Toll Free Telephone Number

Fax Number E-mail Address Company Website

EXHIBIT A

YARD CRANE INSPECTION –REPAIRS-SCHEDULED SERVICE - SCOPE OF SERVICES

PERFORMING SERVICES:

The Contractor will perform all services according to the requirements and specifications of this bid.

CONTRACTOR QUALIFICATIONS:

Note: Contractor must have qualified people to verify compliance with the provisions of the Yard Crane inspection, per ASME B 30.5-2004 or latest revision

ANNUAL INSPECTION – COMPLIANCE STANDARDS

Annual inspections of the Yard Cranes shall be in accordance with “OSHA” 1926 subpart CC & “ANSI” B30.22 & ANSI

B30.5 or most recent revisions. All inspections shall take place at crane location, reference Exhibit B

TIME FRAME DEFINITIONS:

• Year 1 = (7/1/ 2024 - 6/30/2025)

• Year 2 = (7/1/ 2025 - 6/30/2026)

• Year 3 = (7/1/ 2026 - 6/30/2027)

ANNUAL INSPECTION PROCESS & REQUIREMENTS

Contractor shall provide the following under the annual ANSI / OSHA inspection segment:

In each year of the 3-year contract, cost to be included in flat rate offer

• Perform Annual ANSI / OSHA safety inspection for issuance of certificate (sample attached)

• Perform Manufacturers recommended inspection for optimum utilization and safety

• Replacement of all hydraulic filter(s), quantity /type to be determined by make/model specified in Exhibit B

• Grease / lubricate all fittings.

In year 2 of the 3-year contract in addition to annual requirements

In year 2 of contract (7/1/ 2025 - 6/30/2026), Replacement of hydraulic fluid product per manufacturers recommendation for region. This service shall be included in the flat rate offer for year 2 of the contract. Reservoir volumes for each crane stated in Exhibit B.

ANNUAL INSPECTION LOCATION

The annual inspection flat rate offered should be calculated based on the crane inspection being done on the bidder’s premises. NH DOT shall be responsible for the delivery and pick up the cranes to and from the contractor’s premises for the purpose of the annual inspections.

ANNUAL SAFETY INSPECTION BY APPOINTMENT

The annual safety inspection shall take place according to Exhibit A, scope of services. Inspection times and dates shall be coordinated on a mutually agreed appointment schedule with the successful Contractor and Crane contact person. It is anticipated that the (5) five inspections shall occur over a (5) five week period .The Contractor and crane contact person shall schedule the inspection at a time acceptable to both parties

ANNUAL SAFETY INSPECTION – EVALUATION OF UNIT

If the Yard Crane should not pass the annual safety inspection, the Contractor shall document such to the crane contact person. The yard crane shall not be utilized until the necessary repairs are made and passing a second inspection is achieved

ANNUAL SAFETY INSPECTION – STATUS / COMMUNICATION / TIME

Once the annual ANSI / OSHA safety inspection is complete, the Bureau of Mechanical Services will be provided a

“repair estimate” to include the associated cost for parts and labor to perform the aforementioned work. A copy of the ANSI / OSHA inspection report along with a copy of the repair estimate shall be emailed to mechanical services for review / records. The Contractor shall have up to (7) seven business days to submit the specified information from the date of inspection completion. The information shall be emailed to: Bureau38@dot.state.nh.us , attention James Lamora

& Nathan Harrison mailto:Bureau38@dot.state.nh.us

REPAIR ESTIMATE COMPONENTS:

Supplied estimates shall have the following documentation, at a minimum:

• Customer name & address.

• Mechanical Services Contact person, telephone ,fax and email

• Date of inspection, make, model and serial of unit inspected and State vehicle number (“H” number)

• Each job repair on the estimate is broken out to include parts and labor for each job and a priority code as stated below. Service Code:

➢ Damaged - Required to pass ANSI inspection - Imminent Safety - “X”

➢ Normal wear - Factory Recommended service “W”

➢ Good condition – “G”

➢ Requires repair – “O”

➢ Not Applicable – “N/A”

➢ Lack of maintenance – “L”

• Service Code symbols may vary with successful Contractors standard inspection form.

Under this solicitation and resulting contract, all repair authorizations (Parts, labor or both) shall come from the Bureau of

Mechanical Services. Any work done or parts purchased without the written consent of the Bureau of Mechanical

Services is prohibited and shall not be paid for.

REPAIR ESTIMATE APPROVAL PROCESS, LOCATION

• Upon review and approval of the submitted repair estimate by NH DOT Mechanical Services, the

Contractor shall order the necessary parts and materials. Once the parts arrive, the Contractor shall contact the crane contact person to schedule the repair work.

• In the event that unforeseen additional work is found during repairs and service work, the Contractor shall contact the Bureau of Mechanical Services prior to any additional spending and supply an estimate for the cost for the additional work. Upon review and approval of the submitted repair estimate, by NH DOT

Mechanical Services, the Contractor shall order the necessary parts and materials to do the approved repairs.

REPAIR TIME:

• General - The successful Contractor shall be required to accomplish the intended service within the quoted time communicated on the submitted repair report. The number of hours or days the unit would be out of service at the crane location for safety inspection compliance repairs or Factory recommended service would be communicated on the “repair estimate and communicated verbally to the crane contact person when scheduling the repair.

All repair work shall be performed at Contractors repair location unless alternative arrangements are made at the time of the requested repair

REPAIR PROCESS

• Upon completion of the inspection, required repairs and scheduled maintenance, the Contractor shall notify the crane contact person and the Bureau of Mechanical Services.

• The Contractor shall provide an itemized invoice comprised of all parts / supplies stated in the “repair estimate” plus actual cost, (cost billed to the state) to complete authorized repairs. There may be times when the ‘actual labor cost is less than the estimated labor cost.

• In the remote event that a yard crane requires transportation to the Contractor’s place of business for repair, NH – DOT shall provide Transportation of the unit. DOT may elect to have the Contractor transport the yard crane if they agree to the transportation price quoted by the Contractor prior to movement of the crane.

REPAIR – POST INSPECTION

After completion of all authorized work, a complete invoice shall l be finalized and prepared for billing.

WARRANTY REQUIREMENTS:

Successful Contractor shall be required to warranty all of the parts or components repaired or installed for a period of not less than the manufacturer’s standard period of time, from the date the items are received, inspected and accepted by the State of New Hampshire. The warranty shall cover 100% of all parts, shipping, labor, travel, lodging and expenses.

WORK HOURS

Contractor will observe official State holidays. All hours the Contractor is required to work on a State holiday will be considered as Sunday or holiday work hours. The following State holidays will be observed:

NEW YEARS DAY PRESIDENTS DAY

MARTIN LUTHER KING'S DAY VETERAN'S DAY

MEMORIAL DAY THANKSGIVING DAY

INDEPENDENCE DAY DAY AFTER THANKSGIVING

LABOR DAY CHRISTMAS DAY

EXHIBIT B

YARD CRANE INSPECTION –REPAIRS-SCHEDULED SERVICE & COMPENSATION

REPAIR PARTS – PRICING & MARK UP

• Parts or materials required and utilized in the “annual inspection” segment of the contract shall be included in the safety inspection flat rate charge offered by the Contractor for this service as identified in exhibit B.

• Parts and materials required and identified in the “repair estimate” to provide needed repairs, safety inspection compliance repairs or Factory recommended service shall be charged to the Agency Remit

Account at the same invoice price charged by the Contractor’s supplier plus an adder not to exceed 25%. A copy of the Contractors invoice(s) from the Contractors supplier for purchased parts and materials shall be submitted with the Contractors invoice for payment.

• Parts and materials that are undefined or unanticipated and not stated in the “repair estimate” to provide needed repairs, safety inspection compliance repairs or Factory recommended service shall be charged to the Agency Remit Account at the same invoice price charged by the Contractor’s supplier plus an adder of not to exceed 25% plus a written explanation as to the need for the added parts and /or materials. A copy of the Contractors invoice(s) from their parts supplier for such parts and materials shall be submitted with the

Contractors invoice for payment.

• Freight cost for expedited freight (previously quoted and approved by NH DOT – Mechanical Services) shall be billed at the same price the shipping Contractor charged the Contractor with no additional markup cost

• The state reserves the right to request verification of any transaction prior to payment

INVOICING:

Invoicing shall be done to the Agency Remit Account on the basis of each order completed. Invoices shall clearly indicate the following information:

• License plate number of the vehicle [“H” number]

• Purchase order number encumbered for the contract

• Part quantity

• Part description

• Part number

• Date of service

• Contract labor rate

Total labor hours and Total due. Invoices shall include copies of “part” support documentation as specified above

INVOICING – STATUS / COMMUNICATION / TIME

Once all work is complete and the Yard Crane is accepted back to the State, A copy of the final invoice shall be emailed to Mechanical Services for review. The Contractor shall have up to fifteen (15) business days to submit the specified information from the date of final work completion to the Bureau of Mechanical Services at the following

Email: Bureau38@dot.state.nh.us attention Sarah Fontaine and Tara Merrifield

ROAD SERVICE – RATES AND CHARGES – SUPPLIED BY BIDDER

In the case of equipment failure or breakdown, Contractor shall indicate road service rates, to be determined by bidder:

$ ________ Mile

$ ________ Hour

• These rates are fixed for the term of the contract but not considered in the bid evaluation.

• In the case where the equipment failure or breakdown is found to be from labor or parts provided by the

Contractor and is under Contractors’ warranty, no road service charges shall be charged.

NOTE: The state reserves the right to add or remove Yard Cranes to be inspected or repaired from the list indicated in Exhibit B, due to the possibility of units being added or removed from service during the contract period bureau38@dot.state.nh.us%20

ATTACHMENT A

SAMPLE FORM TO BE COMPLETED UPON AWARD

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

Click or tap here to enter text.

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.

Contractor Initials_______

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.