RFB P&H 2025-16.pdf

55 International Drive Portsmouth NH 03801

INVITATION FOR BIDS

IFB 25-16– Crane Services

For

The Division of Ports and Harbors

Issued on February 6, 2025

Due date: February 25, 2025, at 2:00 P.M. Local Time

IFB-25-16 – Crane Services

ADVERTISEMENT FOR BIDS

IFB 25-16– Crane Services

The Pease Development Authority (“PDA”) Division of Ports and Harbors (“The Division”) invites sealed Bids for Crane Services at the Division’s Marine Facilities in Hampton, Portsmouth, and Rye, New Hampshire (“Marine Facilities”). Bids will be received at the office of PDA, 55 International Drive, Portsmouth, N.H. 03801, until 2:00 P.M. local time, February 25, 2025, at which time they will be opened publicly. The mailing address is:

Pease Development Authority Attn: Finance Department

55 International Drive Portsmouth, NH 03801

Bids shall be enclosed in two (2) envelopes (inner and outer) both of which shall be sealed and clearly labeled, “IFB 25-16 – Crane Services submitted by (Vendor’s name) Attn: Finance Department”. Bid documents will be available on or after February X, 2025, by calling Toni-Marie Vaughn at (603) 766-9284 or emailing bids@peasedev.org. Details can also be found on the PDA’s website at https://peasedev.org/business-3/bids-and-opportunities. There is a mandatory pre-bid presentation at 10:00 A.M. on February 18, 2025, at the Market St.

Marine Terminal, 555 Market St., Portsmouth, NH. All potential bidders must attend and remain to the conclusion of the presentation to be eligible to bid on this opportunity.

mailto:bids@peasedev.org https://peasedev.org/business-3/bids-and-opportunities https://peasedev.org/business-3/bids-and-opportunities

IFB-25-16 – Crane Services 2

INSTRUCTIONS FOR SUBMITTING BIDS

1.0 RECEIPT AND OPENING OF BIDS

The Pease Development Authority (herein called “Authority” or the “PDA”) invites sealed Bids for Crane Services for the Division of Ports and Harbors (herein called the “Division”) on the forms attached hereto, all blanks of which must be filled in. The Authority will receive Bids at its offices at 55 International Drive, Portsmouth, NH 03801, until 2:00 P.M. local time, February 25, 2025. The Mailing Address is:

Pease Development Authority Attn: Finance Department

Bid documents will be available on or after February XX, 2025 by visiting https://peasedev.org/business-3/bids-and-opportunities/ or by contacting Toni-Marie Vaughn via email at bids@peasedev.org or by phone at (603) 766-9284. It is the Bidders’ responsibility to contact Ms. Vaughn to be placed on the Bidders List. Only Vendors who are on the Bidders List will be allowed to submit a response to this IFB. Furthermore, Vendors who are on the Bidder List will be made aware of any discrepancies and/or omissions when they are discovered in the bid documents per addendum. Bidders should carefully examine this IFB in its entirety before preparing their Bid package.

The Bid package should include one (1) original and two (2) duplicate copies, labeled as such and shall be enclosed in two (2) envelopes (inner and outer), both of which shall be sealed, addressed, and designated on the envelope as: “IFB 25-16 Crane Services submitted by (Contractor’s name) Attn: Finance Department.”

The Authority may consider informal any Bid not prepared and submitted in accordance with the provisions herein and may waive any informalities or reject any and all bids. Bids may be withdrawn in writing prior to the above scheduled due date or authorized postponement thereof. Any Bid received after the time and date specified above shall not be considered in the evaluation process. All offers shall remain valid for a period of ninety (90) calendar days and shall NOT be withdrawn after the actual Bid due date.

Questions for the purpose of clarifying contents in the IFB must be submitted in writing by email to, bids@peasedev.org and must be received no later than 2:00 P.M. local time on February 18, 2025. Questions and responses will be made available to all Bidders on our website as a posted “Addendum” and an email notification will be sent to those vendors on the Bidders List on or before 2:00 P.M. February 19, 2025.

There is a mandatory pre-bid presentation scheduled at 10:00 A.M. on Tuesday, February 18, 2025. The meeting will be held at Market St. Marine Terminal, 555 Market St., Portsmouth, NH. Please RSVP to bids@peasedev.org by 4:00 P.M. local time on February 17, 2025, with your company name and the names of the representatives planning to attend the mandatory pre-bid presentation. All potential bidders must attend and remain to the conclusion of the presentation to be eligible to bid on this opportunity.

2.0 TITLE VI SOLICITATION NOTICE

PDA, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (7878 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that https://peasedev.org/business-3/bids-and-opportunities/ https://peasedev.org/business-3/bids-and-opportunities/ mailto:bids@peasedev.org

IFB-25-16 – Crane Services 3 for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity),or age in consideration for an award

3.0 DESCRIPTION OF WORK

The Authority is accepting competitive Bids from Certified Crane Operators, who are registered, and in good standing, to conduct business in the State of New Hampshire and who are fully licensed and insured to provide Crane Services, including a Certified Crane Operator and designated Certified Riggers. This contract consists of providing Crane Services at specific job locations for the Division of Ports and Harbors including the Portsmouth Commercial Fish Pier, the Rye and Hampton Marine Facilities, and the Market Street Terminal, in Portsmouth, NH 03801. The work is more completely described in the attached “Scope of Work for Crane Services” form.

4.0 CONTRACT

The successful Operator will be expected to enter into a contract with the Authority (“Contract”). The terms and conditions set forth in the PDA General Terms and Conditions will serve as the basis and format for any agreement that may be reached. Deviation from the standard PDA Terms and Conditions will be very limited as many of the provisions are required by law or represent longstanding PDA policy and/or practices. The standard PDA Terms and Conditions are attached hereto as Exhibit A for reference and to allow the Operators responding to this IFB to become familiar with PDA’s standard services agreement.

5.0 CONTRACT TERM

Crane Services will commence on or about March 12, 2025, and extend through October 31, 2025, as required by the PDA General Terms and Conditions. Subject to the approval of the PDA Board of Directors, the Contract will be for One (1) year with two (2) additional one-year options to renew.

6.0 PRICE

Bid pricing shall remain firm for a one (1) year increment of the contract period and shall be in US dollars and shall include delivery and all other costs required by this IFB with the ability to adjust costs per year, if necessary.

Special charges, surcharges, or fuel charges of any kind, regardless of how they are labeled, may not be added at any time.

7.0 INVOICE & PAYMENTS

Upon acceptance of the services provided, invoices shall be submitted to invoices@peasedev.org, or by person, or U.S. Mail to 55 International Drive, Portsmouth, NH 03180, Attn: Accounts Payable (A/P). Invoices shall clearly state quantities, unit costs, location of services, and the services provided, including man hours and material usage.

Payments shall be made in full within thirty (30) after receipt of the invoice or approval from the Division representative and acceptance of the corresponding services to the Authority’s satisfaction, whichever is later, as the NET30 basis.

8.0 INSURANCE

Bidders shall adhere to the minimum insurance requirements that are attached hereto.

mailto:invoices@peasedev.org

IFB-25-16 – Crane Services 4

9.0 QUALIFICATIONS

Each Operator shall submit its qualifications to the Authority on the form provided herein entitled “Statement of Qualifications”. This form must be delivered as part of your bid submission. The PDA reserves the right to reject any Bid that does not include a completed Statement of Qualifications with their response.

10. BID SUBMITTAL

The attached bid form is required for this bid and must be received at the following address not later than 2:00 P.M. local time, February 25, 2025.

Pease Development Authority Finance Department

IFB 25-16 – Crane Services

Bids must be enclosed in two (2) sealed envelopes (inner and outer), both of which must be clearly labeled

“IFB 25-16 – Crane Services submitted by (Operator’s name) Attn: Finance Department”.

IFB-25-16 – Crane Services 5

SCOPE OF WORK FOR CRANE SERVICES

The successful Operator shall utilize a 115-ton hydraulic crane and have experience installing floats in marine applications. Each Spring floats shall be moved from winter storage and placed into the water, and each Fall floats shall be removed from the water and placed into winter storage. This year installations are tentatively scheduled for Thursday, March 27, 2025, for Rye Harbor at 0800 – high 1058, and on Friday, March 28, 2025, for Hampton Harbor at 0800 – High 1058. The Authority may utilize this contract for other marine applications requiring Crane Services.

Additionally, the successful Operator must provide:

1. Certified Crane Operator:

• The Operator shall provide a Certified Crane operator for all lifting operations. The Operator must be fully certified and qualified under relevant OSHA regulations and other applicable standards.

2. Certified Riggers:

• The Operator shall supply designated Certified Riggers to handle rigging tasks, including hooking up loads, managing tag lines if necessary, and unhooking loads. These tasks must be performed in accordance with OSHA requirements and industry best practices.

3. Counterweights and Transportation:

• The Operator is responsible for providing all necessary counterweights required for each lift at the job location. This includes transportation to and from the job site.

4. Cost Consideration and Surcharges:

• The bid price must include all costs associated with the service including any potential surcharges. This encompasses costs related to compliance with governmental and entity specific regulations, as well as contractual obligations. Costs should cover areas such as permitting, safety, training, and adherence to OSHA, MSHA, FDOT, Port Authority, NCCCO, and EPA regulations.

5. Including Services and Costs:

• The provision of operated cranes must encompass the following:

o Labor: All necessary labor for crane operations and rigging tasks.

o Fuel: All fuel costs for crane operations.

o Maintenance: All routine and emergency maintenance of the crane equipment o Insurance: Liability and Equipment insurance coverage.

o Basic Rigging Accessories: All Standard rigging equipment and accessories required for lifting operations.

IFB-25-16 – Crane Services 6

6. General Requirements:

• All crane operations must be conducted in a safe and efficient manner, adhering to all relevant safety regulations and industry’s best practices.

• The Operator shall ensure that all personnel involved are properly certified and trained for their perspective roles.

• The Operator shall be responsible for any damage or incidents arising from the use of crane or related equipment.

• The Operator must be registered to conduct business in the state of New Hampshire.

7. Additional Provisions:

• The Operator is expected to provide a comprehensive breakdown of all costs in their bid, ensuring transparency and clarity in the proposed pricing structure.

• The PDA-DPH may require additional crane services not specifically outlined within this scope of services.

8. The Operator must promptly complete any repairs for damage caused by Crane Service operations, within 30 days of the damage causing incident.

9. The Division reserves the right to inspect the Operator’s equipment at any time.

10. Proposals must be submitted with an hourly rate for labor and equipment.

11. Invoices must be submitted within 30 days of services being completed.

12. A mandatory pre-bid presentation is scheduled for 10:00 A.M., on Tuesday, February 18, 2025, at the Market St. Marine Terminal, 555 Market St., Portsmouth, NH 03801.

The scope of work outlines the requirements and responsibilities for the provision of Crane Services. The Operator is expected to adhere strictly to these specifications to ensure that successful and safe execution of all lifting operations is guaranteed.

IFB-25-16 – Crane Services 7

IFB 25-16

CRANE SERVICES BID FORM

The UNDERSIGNED does hereby certify that the services to be furnished to the Pease Development Authority (“PDA”) will meet all the specifications and requirements of the “Crane Services IFB 25-16 Bid Package,” dated February 6, 2025.

The UNDERSIGNED hereby certifies that no employee, officer, or agent of the PDA, nor any member of their immediate family has any interest in the award of a contract herein; nor, is any such employee, officer, or agent, employed by or about to become an officer or employee of any person, firm, partnership, or corporation which may benefit from the award of the contract herein.

The UNDERSIGNED is familiar with all aspects of the service agreement and with the conditions of the sites where Crane Services shall be provided.

This agreement is based on the foregoing issued before execution of this agreement and any amendments hereafter to be made.

The Contractor’s signature on a Bid submitted in response to this IFB guarantees that the prices, terms and conditions, and prices quoted have been established without collusion with other Contractors and without effort to preclude the Authority from obtaining the best possible competitive pricing.

The PDA will award the contract for Crane Services to the lowest, responsive, responsible Bidder.

IFB-25-16 – Crane Services 8

IFB 25-16– CRANE SERVICES

BID FORM CONTINUED

The Pease Development Authority reserves the right to reject any or all bids and to waive any informalities.

This bid shall not be withdrawn within ninety (90) days after the actual date of opening.

Upon receipt of notice of award of this Bid, the Undersigned will deliver the required insurance certificates to execute a Contract.

The following addendum language is included in the event addendums need to be issued:

Proponent acknowledges receipt of the following addenda:

Addendum No._____ Signature Date

Addendum No._____ Signature Date

Addendum No._____ Signature Date

Respectfully submitted by:

Company

Signature

Print or Type Name and Title

Address

Telephone and Email address

Date

This form must be completed and returned as part of your Bid package, even if no Addendums are issued.

IFB-25-16 – Crane Services 9

IFB 25-16– CRANE SERVICES

BID FORM CONTINUED – RATES

Description Unit Cost Estimated

Yearly Hours Total Price Option

Year 1 Option Year 2

115-ton Crane & Equipment – Normal Business Hours Monday – Friday

(8AM – 5PM)

$__________/labor & equip/per hour

30 hours

115-ton Crane & Equipment Outside of Normal Business hours

$__________/labor & equip/per hour

10 hours

If applicable – List out any additional costs associated with this service.

TOTAL BID

** The quantities listed are for estimated use only and will not be guaranteed. The Authority reserves the right to utilize more or less than the represented estimated quantities. **

The contract will be awarded to the Operator with lowest, responsive, and responsible bidder for the “Total Bid Cost”. The Authority reserves the right to add, remove, or revise any item of work as a whole or in part, and to award the Contract to the Operator deemed by the Authority as the most qualified of completing the work.

Name of Contractor: By:

Authorized Signature

Printed Name/Title:

Business Address:

Telephone Number:

Email Address:

(Seal if Bid is submitted by a Corporation)

IFB-25-16 – Crane Services 10

SAMPLE SERVICE AGREEMENT

PDA General Terms and Conditions

SUBJECT: SAMPLE AGREEMENT FOR CRANE SERVICES

AGREEMENT

The Pease Development Authority and the Contractor hereby mutually agree as follows:

GENERAL PROVISIONS

1. IDENTIFICATION

1.1 Pease Development Authority (PDA)

1.2 PDA Address

1.3 Contractor Name

1.4 Contractor Address

1.5 Contractor Phone

1.6 Account Number

1.7 Completion Date

1.8 Price Limit

1.9 Contracting Officer for PDA

Paul E. Brean, Executive Director

1.10 PDA Phone Number

603-433-6088

1.11 Contractor Signature

1.12 Name and Title of Contractor Signatory

1.13 Acknowledgement: State of , County of .

On , before the undersigned officer, personally appeared the person identified in block 1.12, or satisfactorily proven to be the person whose name is signed in block 1.11, and acknowledged that s/he executed this document in the capacity indicated in block 1.12.

1.13.1 Signature of Notary Public or Justice of the Peace

1.13.2 Name and Title of Notary or Justice of the Peace

1.14 PDA Signature

1.15 Name and Title of Signatory for PDA

Contractor Initials______ Date ______

IFB 25-16 – Crane Services 11

2. EMPLOYMENT OF CONTRACTOR /SERVICES

TO BE PERFORMED.

2.1 The Pease Development Authority, identified in block

1.1 (“Entity”), engages contractor identified in block 1.3 (“Contractor”) to perform, and the Contractor shall perform, the work identified and more particularly described in the attached EXHIBIT A which is incorporated herein by reference (“Services”).

2.2 During the term of this Agreement, Services shall be

provided at the rates set forth in EXHIBIT B. As necessary, the parties shall negotiate a scope of work and corresponding fee for any requested additional services (a “Project Contract”); for small projects the parties may utilize a short description of the services and proposed estimated fee (a “Task Assignment”). Each Project Contract or Task Assignment, following any required approval by the PDA Board of Directors as determined necessary by the PDA, shall be executed by the PDA and the Consultant prior to being made a part of this Agreement. Following execution, the Project Contract or Task Assignment attached to Exhibit A hereto and incorporated herein by reference and made part of this Agreement. Each Project Contract or Task Assignment attached to Exhibit A shall be identified by a distinct sequential number (i.e. Attachment 1, 2, etc.).

3. EFFECTIVE DATE/COMPLETION OF

SERVICES.

3.1 Notwithstanding any provision of this Agreement to the

contrary, this Agreement, and all obligations of the parties here under, shall not become effective until ________________ (“Effective Date”).

3.2 If the Contractor commences the Services and/or

purchases Goods prior to the Effective Date, all Services performed and Goods purchased 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 PDA shall have no liability to the Contractor, including without limitation, any obligation to pay the Contractor for any costs incurred or Services performed. Contractor must complete all Services and/or deliver all Goods by the Completion Date specified in block 1.7.

3.3 This Agreement shall be for ______ (__) years. The

PDA may extend this agreement for up to _____ (__) ___ (__) year periods at its discretion.

4. CONTRACT PRICE/PRICE LIMITATION

/PAYMENT.

4.1 The contract price, method of payment, and terms of

payment are identified and more particularly described in EXHIBIT B which is incorporated herein by reference.

4.2 The payment by the PDA 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. The PDA shall have no liability to the Contractor other than the contract price.

4.3 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 without executing a duly authorized

Amendment.

5. COMPLIANCE BY CONTRACTOR WITH LAWS

AND REGULATIONS/ EQUAL EMPLOYMENT

OPPORTUNITY.

5.1 In connection with the performance of the Services, the

Contractor shall comply with all 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 opportunity laws. In addition, the Contractor shall comply with all applicable copyright laws.

5.2 During the term of this Agreement, the Contractor shall

not discriminate against employees or applicants for employment because of race, color, religion, creed, age, sex, handicap, sexual orientation, or national origin and will take affirmative action to prevent such discrimination.

5.3 If this Agreement is funded in any part by monies of the

United States, the Contractor shall comply with all the provisions of Executive Order No. 11246 (“Equal Employment Opportunity”), as supplemented by the regulations of the United States Department of Labor (41 C.F.R. Part 60), and with any rules, regulations and guidelines as the State of New Hampshire or the United States issue to implement these regulations. The Contractor further 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 all rules, regulations and orders, and the covenants, terms and conditions of this Agreement.

6. PERSONNEL.

6.1 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.

6.2 Unless otherwise authorized in writing, during the term

of this Agreement, and for a period of six (6) months after the Completion Date in block 1.7, the Contractor shall not hire, and shall not permit any subcontractor or other person, firm or corporation with whom it is engaged in a combined effort to perform the Services to hire, any person who is a PDA employee or official, who is materially involved in the procurement, administration or performance of this Agreement. This provision shall survive termination of this Agreement.

6.3 The Contracting Officer specified in block 1.9, or his or her successor, shall be the PDA’s representative. In the event of any dispute concerning the interpretation of this Agreement, the Contracting Officer’s decision shall be final for the PDA.

7. EVENT OF DEFAULT/REMEDIES.

7.1 Any one or more of the following acts or omissions of

the Contractor shall constitute an event of default hereunder (“Event of Default”):

7.1.1 failure to perform the Services and supply Services satisfactorily or on schedule;

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

IFB 25-16 – Crane Services 12

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

7.2 Upon the occurrence of any Event of Default, the PDA

may take any one, or more, or all, of the following actions:

7.2.1 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) days from the date of the notice; and if the Event of Default is not timely remedied, terminate this Agreement, effective two (2) days after giving the Contractor notice of termination;

7.2.2 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 PDA determines that the Contractor has cured the Event of Default shall never be paid to the Contractor;

7.2.3 set off against any other obligations the PDA may owe to the Contractor any damages the PDA suffers by reason of any Event of Default; and/or

7.2.4 treat the Agreement as breached and pursue any of its remedies at law or in equity, or both.

8. DATA/ACCESS/CONFIDENTIALITY/

PRESERVATION

8.1 As used in this Agreement, the word “data” shall mean

all 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.

8.2 All data and any property which has been received from

the PDA or purchased with funds provided for that purpose under this Agreement, shall be the property of the PDA, and shall be returned to the PDA upon demand or upon termination of this Agreement for any reason.

8.3 Confidentiality of data shall be governed by N.H. RSA

chapter 91-A, or other existing law. Disclosure of data requires prior written approval of the PDA.

9. TERMINATION.

9.1 Either party may terminate this Agreement for any

reason upon ninety (90) days written notice to the other.

9.2 In the event of an early termination of this Agreement for any reason other than the completion of the Services and/or delivery of Goods, the Contractor shall deliver to the Contracting Officer, not later than fifteen (15) days after the date of termination, a report (“Termination Report”) describing in detail all Services performed and/or Goods delivered, and the contract price earned, to and including the date of termination.

10. CONTRACTOR’S RELATION TO THE PDA. 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 PDA. Neither the Contractor nor any of its officers, employees, agents or members shall have authority to bind the PDA or receive any benefits, workers’ compensation or other emoluments provided by the PDA to its employees.

11. ASSIGNMENT/DELEGATION/

SUBCONTRACTS. The Contractor shall not assign or otherwise transfer any interest in this Agreement without the prior written consent of the PDA.

12. INDEMNIFICATION. The Contractor shall defend and indemnify the Owner and the State of New Hampshire, their officers, board members, agents, and employees (the "Indemnitees") from and against all losses, suits, claims, liabilities, penalties, fines, judgments, costs, and expenses, including without limitation attorneys' fees, consultants' fees, and experts' fees arising out of, or in any manner predicated upon personal/bodily injury, death, or property damage resulting from, related to, caused by (or which may be claimed to be caused by), or arising out of (or which may be claimed to arise out of) the Contractor's performance of its obligations under this Agreement; or which is caused in whole or in part (or which may be claimed to be caused in whole or in part) by any negligent or willful act or omission of the Contractor, its subcontractors, anyone directly or indirectly employed by either the Contractor or its subcontractors, or anyone for whose acts any of the foregoing may be liable. The agreements contained in the preceding sentence do not extend to claims for damages caused by gross negligence or willful misconduct of the Indemnitees without contributory fault on the part of any person, entity, or corporation.

In any and all claims against the Indemnitees or any one of the Indemnitees by any employee of the Contractor, its subcontractors, anyone directly or indirectly employed by an employee or subcontractor of the Contractor, or anyone for whose acts of such employees and subcontractors may be liable, the indemnification obligation shall not be limited in any way by a limitation on the amount of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefit acts or other employee benefits acts.

In the event that any action or proceeding is brought against the Indemnitees or any one of the Indemnitees by reason of any matter for which the Contractor has hereby agreed to defend and indemnify, the Contractor, upon notice from the Indemnitees or any one of them, covenants to resist or defend such action or proceeding with counsel acceptable to the Indemnitees or any one of them as the case may be.

Notwithstanding the foregoing, nothing herein shall be deemed to constitute a waiver of the sovereign immunity of PDA or the State of New Hampshire which is hereby reserved to PDA and the State of New Hampshire.

The provisions of this paragraph 12 shall survive the expiration or termination of this Agreement, and the Contractor's obligations hereunder shall apply whenever any

IFB 25-16 – Crane Services 13 one of the Indemnitees incur costs or liabilities described above.

13. INSURANCE.

13.1 The Contractor shall, at its sole expense, obtain and

maintain in force, and shall require any subcontractor or assignee to obtain and maintain in force, the following insurance:

13.1.1 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 in the aggregate;

and

13.1.2 professional liability insurance in amounts of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate

13.1.3 automobile liability insurance in amounts of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate.

13.2 The policies described in subparagraph 13.1.1 and

13.1.3 herein shall be primary and non-contributory with respect to insurance of the PDA, include a waiver of subrogation in favor of the PDA, and 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.

13.3 The Contractor shall furnish to the Contracting Officer

identified in block 1.9, or his or her successor, a certificate(s) of insurance for all insurance required under this Agreement.

Contractor shall also furnish to the Contracting Officer identified in block 1.9, or his or her successor, certificate(s) of insurance for all renewal(s) of insurance required under this Agreement no later than fifteen (15) days prior to the expiration date of each of the insurance policies. The certificate(s) of insurance and any renewals thereof shall be attached and are incorporated herein by reference. Each certificate(s) of insurance shall contain a clause requiring the insurer to endeavor to provide the Contracting Officer identified in block 1.9, or his or her successor, no less than ten (10) days prior written notice of cancellation or modification of the policy.

14. WORKERS’ COMPENSATION.

14.1 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”).

14.2 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. Contractor shall furnish the Contracting Officer identified in block 1.9, or his or her 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 PDA 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.

15. WAIVER OF BREACH. No failure by the PDA to enforce any provisions hereof after any Event of Default shall be deemed a waiver of its rights with regard to that Event of Default, or any subsequent Event of Default. No express failure to enforce any Event of Default shall be deemed a waiver of the right of the PDA to enforce each and all of the provisions hereof upon any further or other Event of Default on the part of the Contractor.

16. 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.

17. AMENDMENT. This Agreement may be amended, waived or discharged only by an instrument in writing signed by the parties hereto.

18. CONSTRUCTION OF AGREEMENT AND

TERMS. This Agreement shall be construed in accordance with the laws of the State of New Hampshire and is binding upon and inures to the benefit of the parties and their respective successors and assigns. 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. THIRD PARTIES. The parties hereto do not intend to benefit any third parties and this Agreement shall not be construed to confer any such benefit.

20. 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.

21. SPECIAL PROVISIONS. Additional provisions set forth in the attached EXHIBIT C are incorporated herein by reference.

22. 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.

23. 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 relating hereto.

24. JURISDICTION. The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of the State of New Hampshire.

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MINIMUM INSURANCE REQUIREMENTS

TO: ALL CONTRACTORS, SUBCONTRACTORS, VENDORS AND/OR AGENTS

RE: MINIMUM REQUIREMENTS OF CERTIFICATES OF INSURANCE FOR

CONTRACTORS/SUBCONTRACTORS WORKING ON PROPERTY OF PEASE DEVELOPMENT

AUTHORITY AT PEASE INTERNATIONAL TRADEPORT

All subcontractors and/or any agents thereof are required to provide proof of insurance to the Pease Development Authority (“PDA”) before the commencement of any work on property of PDA at Pease International Tradeport. The following are the minimum requirements for insurance coverage:

1. General Liability: $1,000,000 general liability coverage per occurrence and $2,000,000 per project aggregate.

2. Automobile Liability: $1,000,000 automobile liability coverage.

3. Workers Compensation: Coverage equal to minimum statutory levels as required by New Hampshire State law.

4. Longshore and Harbor Workers Compensation Act Insurance: To the extent applicable and to the limits as required by Federal and State law.

5. Environmental/Pollution Liability: As required by activities which give rise to the necessity for such coverage in a minimum amount of $1,000,000 per occurrence and $2,000,000 per project.

6. Professional Liability: As required by activities which give rise to the necessity for such coverage and in such amounts as determined by PDA from time to time.

7. Additional Insureds: Pease Development Authority Division of Ports and Harbors and the State of New

Hampshire must be named as additional insured under all liability coverages. Please ensure that the following language is included on your COI in the Description of Operations Section:

Pease Development Authority Division of Ports and Harbors and the State of New Hampshire are named Additional Insured with the exception of Worker’s Compensation Coverage. A waiver of subrogation is included with respect to applicable coverages. Coverage shown is primary and non-contributory to any insurance carried by Pease Development Authority.

8. Notice of Cancellation: A 30-day notice of cancellation (with the exception of a 10-day notice for non-payment of premium) must be provided.

9. Waiver of Subrogation. With the exception of workers’ compensation coverage, a statement that a waiver of subrogation is included with respect to applicable coverage.

10. Primary Insurance. A provision that any liability coverage required to be carried shall be primary and noncontributing with respect to any insurance carried by the PDA.

11. Certificate Holder: Pease Development Authority Division of Ports and Harbors

555 Market Street

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SAMPLE CERTIFICATE OF INSURANCE FORM

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STATEMENT OF QUALIFICATIONS

Attach this statement, fully completed, to the Bid Form and submit it to the Authority on the date and time for opening of bids.

All questions must be answered, and the data given must be clear and comprehensive. Where necessary, questions shall be answered on separate attached sheets. The Vendor may submit any additional information he/she desires.

1. Name of Contractor:

1.a Contractor is:

Limited Liability Company ( ) Corporation ( ) Partnership ( ) Individual ( )

2. Permanent main office address:

2.a Treasury Number (Employer’s Identification No.):

3. When organized:

4. If a corporation, where incorporated:

4.a If LLC, where formed:

5. How many years have you been engaged in the business under your present firm or trade name?

6. General character of work performed by your company:

7. Have you ever failed to complete any work awarded to you? ( ) Yes ( ) No If yes, where and why?

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STATEMENT OF QUALIFICATIONS CONTINUED

8. Have you ever defaulted on a contract? ( ) Yes ( ) No If yes, where and why?

9. List of references (minimum of three).

Name:

Address:

Contact Number/Email:

Relationship/Years Known:

Attach proof of licensure (if applicable) and any other pertinent information that may assist the Authority in evaluating your bid.