SAMPLE_Contract_15651.pdf

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State of Minnesota Contract

SWIFT Contract No.:

This Contract is between the State of Minnesota, acting through its Commissioner of the Department of Natural Resources (“State”) and [Contractor] whose designated business address is [Contractor’s business address] (“Contractor”). State and Contractor may be referred to jointly as “Parties.”

Recitals

1. State issued a solicitation identified as SWIFT Event No. 2000015651 on April 4, 2024, for one 20’ aluminum modified vee bottom with 115HP motor and boat trailer to survey Minnesota waters. (“Solicitation”);

2. Contractor provided a response to the Solicitation indicating its interest in and ability to provide the goods or services requested in the Solicitation; and

3. Subsequent to an evaluation in accordance with the terms of the Solicitation, the Parties desire to enter into a contract.

Accordingly, the Parties agree as follows:

Contract

Term of Contract

Effective date. May 1, 2024, or the date the State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, whichever is later. The Contractor must not begin work under this Contract until this Contract is fully executed and the Contractor has been notified by the State’s Authorized Representative to begin the work.

Expiration date. June 30, 2025, or until all obligations have been satisfactorily fulfilled, whichever occurs first.

Contractor’s Duties The Contractor shall perform all duties described in this Contract to the satisfaction of the State.

Representations and Warranties

Under Minn. Stat. §§ 15.061 and 16C.03, subd. 3, and other applicable law the State is empowered to engage such assistance as deemed necessary.

Contractor warrants that it is duly qualified and shall perform its obligations under this Contract in accordance with the commercially reasonable standards of care, skill, and diligence in Contractor’s industry, Rev. 9/2020 Page 2 of 18 trade, or profession, and in accordance with the specifications set forth in this Contract, to the satisfaction of the State.

Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all actions required by its procedures, by-laws, and applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract, or any part thereof, and to bind Contractor to its terms.

Time The Contractor must comply with all the time requirements described in this Contract. In the performance of this Contract, time is of the essence.

Compensation and Conditions of Payment

Compensation. The State will pay for performance by the Contractor under this Contract in accordance with the breakdown of costs as set forth in Exhibit D which is attached and incorporated into this Contract.

Conditions of Payment. All duties performed by the Contractor under this Contract must be performed to the State’s satisfaction and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations including business registration requirements of the Office of the Secretary of State.

The Contractor will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law.

Authorized Representative

State’s Authorized Representative. The State's Authorized Representative is Sheri Karpenko, State Program Administrator, Senior (SPA Senior), 500 Lafayette Road, Saint Paul, MN 55155, (651) 259 - 5461, or her successor or delegate, and has the responsibility to monitor the Contractor’s performance and the authority to accept the services delivered or goods received under this Contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment.

Contractor’s Authorized Representative. The Contractor's Authorized Representative is [name, title] at the following business address and telephone number: [insert business address and telephone number], or his/her successor. If the Contractor’s Authorized Representative changes at any time during this Contract, the Contractor must immediately notify the State.

Exhibits The following Exhibits are attached and incorporated into this Contract. In the event of a conflict between the terms of this Contract and its Exhibits, or between Exhibits, the order of precedence is first the Contract, and then in the following order:

Exhibit A: Contract Terms Exhibit B: Insurance Terms Exhibit C: Specifications, Duties, and Scope of Work Exhibit D: Price and Payment Schedule Exhibit E: Images

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1. State Encumbrance Verification Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05

3. State Agency With delegated authority

Print name: Print name:

Signature: Signature:

Title: Date: Title: Date:

SWIFT Contract No.:

2. Contractor The Contractor certifies that the appropriate person(s) have executed the Contract on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances.

4. Commissioner of Administration As delegated to The Office of State Procurement

Print name: Print name:

Signature: Signature:

Title: Date: Title: Date:

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Exhibit A: Contract Terms

Prompt Payment and Invoicing.

Prompt Payment. The State will pay the Contractor pursuant to Minn. Stat. § 16A.124, which requires payment within 30 days following receipt of an undisputed invoice, or merchandise or service, whichever is later.

Terms requesting payment in less than 30 days will be changed to read “Net 30 days.” Notwithstanding the foregoing, the State may pay the Contractor in advance for purchases as allowed pursuant to Minn. Stat. §16A.065.

The payment for each order will only be made for goods received or services actually performed that have been accepted by the ordering entity, and meet all terms, conditions, and specifications of the Contract and the ordering document.

Invoicing. At a minimum the invoice must meet the requirements found on Exhibit D which provides a list of minimum invoice requirements.

Assignment, Amendments, Waiver, and Contract Complete.

Assignment. The Contractor may neither assign nor transfer any rights or obligations under this Contract without the prior consent of the State and a fully executed assignment agreement, executed and approved by the authorized parties or their successors.

Amendments. Any amendment to this Contract must be in writing and will not be effective until it has been executed and approved by the authorized parties or their successors.

Waiver. If the State fails to enforce any provision of this Contract, that failure does not waive the provision or its right to enforce it.

Contract Complete. This Contract contains all negotiations and agreements between the State and the Contractor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.

Termination.

Termination for Convenience. The State or Commissioner of Administration may cancel this Contract at any time, with or without cause, upon 30 days’ written notice to the Contractor. Upon termination for convenience, the Contractor will be entitled to payment, determined on a pro rata basis, for services or goods satisfactorily performed or delivered.

Termination for Breach. If the Contractor fails to perform according to the contract terms and conditions, the State is authorized to immediately cancel the Contract or purchase order, or any portion of it, and may obtain replacement goods or services and charge the difference of costs to the defaulting Contractor. In the event of default, the State reserves the right to pursue any other remedy available by law. A Contractor may be removed from the vendors list, suspended or debarred from receiving a Contract for failure to comply with terms and conditions of the Contract, or for failure to pay the State for the cost incurred on the defaulted Contract.

Termination for Insufficient Funding. The State may immediately terminate this Contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services addressed within this Contract. Termination must be by written notice to the Contractor. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Contractor will be entitled to payment, determined on a pro rata basis, Rev. 9/2020 Page 5 of 18 for services satisfactorily performed to the extent that dedicated funds are available. The State will not be assessed any penalty if the Contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Contractor notice of the lack of funding. This notice will be provided within a reasonable time of the State’s receiving notice.

Force Majeure.

Neither party shall be responsible to the other or considered in default of its obligations within this Contract to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot, disruption of government, or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party relying on this provision to excuse performance must provide the other party prompt written notice of the inability to perform and take all necessary steps to bring about performance as soon as practicable.

Indemnification.

In the performance of this Contract, the Indemnifying Party must indemnify, save, and hold harmless the State, its agents, and employees, from any claims or causes of action, including attorney’s fees incurred by the State, to the extent caused by Indemnifying Party’s:

• Intentional, willful, or negligent acts or omissions; or

• Actions that give rise to strict liability; or

• Breach of contract or warranty.

The Indemnifying Party is defined to include the Contractor, Contractor’s reseller, any third party that has a business relationship with the Contractor, or Contractor’s agents or employees, and to the fullest extent permitted by law.

The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the State’s sole negligence. This clause will not be construed to bar any legal remedies the Indemnifying Party may have for the State’s failure to fulfill its obligation under this Contract.

Nothing within this Contract, whether express or implied, shall be deemed to create an obligation on the part of the State to indemnify, defend, hold harmless or release the Indemnifying Party. This shall extend to all agreements related to the subject matter of this Contract, and to all terms subsequently added, without regard to order of precedence.

Governing Law, Jurisdiction, and Venue.

Minnesota law, without regard to its choice-of-law provisions, governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.

Contract Use by State Agencies.

To the extent applicable, the Contract does not prohibit state agencies from using their delegated purchasing authority to procure similar goods and services from other sources.

Warranty.

The Contractor warrants to the ordering entity that materials and equipment furnished under the Contract will be free from defects not inherent in the quality required or permitted, and that the work will conform to the requirements of the contract. Work not conforming to these requirements, including substitutions not properly approved and authorized in writing may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If requested, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment used.

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All installation materials and labor shall be guaranteed for a period of one (1) year following the date of final acceptance.

During the first year following acceptance, the Contractor shall, upon notification by the ordering entity of any malfunctions, make necessary repairs, including labor, travel, and materials, at the Contractor’s expense.

Original Equipment Manufacturer (OEM Warranty).

The equipment offered must include the OEM standard warranty. The Contractor is responsible for the cost of any inspections, adjustments, warranted parts, and labor charges to repair or replace warranted parts that are a result of equipment failure(s) during the warranty period. This shall be performed promptly unless otherwise mutually agreed in writing by the Customer and the Contractor. This warranty shall commence when the unit is put into service.

OEM Extended Warranty Options. If the Contractor provides an OEM Extended Warranty Option, the Contractor must provide a copy of the applicable terms and conditions, including a detail of coverage, to the State upon request. The cost of an OEM Extended Warranty must include all associated costs.

Contractor (Add-On) Warranty Options. The Contractor may provide additional warranty options, which include, but are not limited to travel pickup, or delivery charges that are a result of equipment failure(s) prior to or during the warranty period or extended warranty period. This warranty option shall commence when the unit is put into service and is in addition to OEM warranty options stated above.

Delivery.

Contractor is obligated to deliver within the quoted lead times. If delivery is not made within that time frame, the State reserves the right to deem the Contractor in default.

Contractor must confirm delivery locations and requirements with the ordering entity. Prior to delivery, the Contractor is responsible for confirming in writing with the ordering entity that the delivery location will accommodate unloading the equipment. Contractor must notify the receiving entity at least 72 hours before delivery to allow for inspection and compliance. No delivery can be made on a State Holiday (as defined in Minn. Stat. § 645.44, subd. 5), on Saturday or Sunday, or after 4:00 p.m. Central Time on weekdays, without prior written approval by the receiving entity.

Risk of Loss.

The State is relieved of all risks of loss or damage to the goods and equipment during periods of transportation, installation by the Contractor, or while in the possession of the Contractor or its agent.

Purchase Orders and Purchasing Cards.

The parties agree that there is no minimum order requirements or charges to process an individual purchase order unless otherwise stated in the Contract. The Purchase Order number must appear on all documents (e.g., invoices, packing slips, etc.).

Equipment Specifications.

All equipment must meet the contract specifications and all federal and State safety codes and regulations in effect at the date of manufacture. All equipment must be Original Equipment Manufacturer (OEM) equipment unless otherwise stated in the contract.

Items Offered as New.

All products, materials, supplies, replacement parts, and equipment offered and furnished must be new, of current manufacturer production, and must have been formally announced by the manufacturer as being commercially available, unless otherwise stated in this Contract.

Product Changes During the Contract.

All equipment offered should be available during the initial term of the contract. The Contractor must notify the State’s Authorized Representative immediately if the manufacturer discontinues or replaces a contracted model number. A

Rev. 9/2020 Page 7 of 18 replacement model number must meet the contract specifications. The State is under no obligation to accept a replacement model. Any change to a contracted model number must be confirmed in writing by the State through a written amendment. The State reserves the right to request documentation for any requested change under this section to evaluate how the specifications of the replacement product deviates from the specifications of the replaced product.

Product Returns.

Non-Defective Conforming Product. The Customer may return an unopened, non-defective product conforming to the specifications of an order within 60 calendar days of the invoice date with no additional fees. If the non-defective conforming product is returned within 60 calendar days of the invoice date after it has been opened, the Contractor may charge the Customer a restocking fee of up to 10% of the cost of the product. Return shipping costs to return a non-defective conforming product to the Contractor is the responsibility of the Customer.

Defective or Non-conforming Product. The Customer may return any product determined by the Customer as defective or not conforming to the specifications, order, or contract, within 60 calendar days of receipt with no restocking or return shipping fee.

The Contractor should provide the Customer with a Return Merchandise Authorization number (RMA) and must arrange for a “call tag” to be issued via a “carrier” to order pick up of the defective or non-conforming product from the Customer. The “carrier” must pick up the defective or non-conforming product at the address to which the product was shipped.

Replacement of Defective or Non-conforming Product. The Customer may request the Contractor provide a replacement product or cancel the order. If the Customer choses to have the defective or non-conforming product replaced, the Contractor must replace a defective or non-conforming product at no cost to the Customer.

Return of Defective or Non-conforming Product (without replacement). The Customer’s account must be credited within fourteen (14) calendar days of arrival of the returned product at the Contractor’s location.

The amount to be credited must be the equal of the price of the product plus all freight, shipping, handling, or ancillary charges associated with shipment of the product from and return to the shipping location. If, after inspection, the Contractor determines that the product is not defective or non-conforming, the Contractor may bill the Customer for the return shipping charges.

Subcontracting.

This Contract may not be subcontracted in whole or in part.

Data Disclosure.

Under Minn. Stat. § 270C.65, subd. 3 and other applicable law, the Contractor consents to disclosure of its social security number, federal employer tax identification number, and Minnesota tax identification number, already provided to the State, to federal and state agencies, and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state laws which could result in action requiring the Contractor to file state tax returns, pay delinquent state tax liabilities, if any, or pay other state liabilities.

Government Data Practices.

The Contractor and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (or, if the State contracting party is part of the Judicial Branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State under this Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contractor under this Contract. The civil remedies of Minn. Stat. § 13.08 apply to the

Rev. 9/2020 Page 8 of 18 release of the data governed by the Minnesota Government Practices Act, Minn. Stat. Ch. 13, by either the Contractor or the State.

If the Contractor receives a request to release the data referred to in this clause, the Contractor must immediately notify and consult with the State’s Authorized Representative as to how the Contractor should respond to the request. The Contractor’s response to the request shall comply with applicable law.

Assignment of Antitrust Rights.

Upon the request of the State of Minnesota, Contractor will irrevocably assign to State any state or federal antitrust claim or cause of action that the Contractor now has or which may accrue to the Contractor in the future, in connection with any goods, services, or combination provided by Contractor under the terms of this Contract.

Contractor’s Documents.

Any licensing and maintenance agreement, or any order-specific agreement or document, including any pre-installation, linked or “click through” agreement that is allowed by, referenced within or incorporated within the Contract whenever the Contract is used for a State procurement, whether directly by the Contractor or through a Contractor’s agent, subcontractor or reseller, is agreed to only to the extent the terms within any such agreement or document do not conflict with the Contract or applicable Minnesota or Federal law, and only to the extent that the terms do not modify, diminish or derogate the terms of the Contract or create an additional financial obligation to the State. Any such agreement or document must not be construed to deprive the State of its sovereign immunity, or of any legal requirements, prohibitions, protections, exclusions or limitations of liability applicable to this Contract or afforded to the State by Minnesota law. A State employee’s decision to choose “accept” or an equivalent option associated with a “click-through” agreement does not constitute the State’s concurrence or acceptance of terms, if such terms are in conflict with this section.

State Audits.

Under Minn. Stat. § 16C.05, subd. 5, the Contractor’s books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by the State, the State Auditor, or Legislative Auditor, as appropriate, for a minimum of six years from the expiration or termination of this Contract.

Publicity and Endorsement.

Publicity. Any publicity regarding the subject matter of this Contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, information posted on corporate or other websites, research, reports, signs, and similar public notices prepared by or for the Contractor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

Endorsement. The Contractor must not claim that the State endorses its products or services.

Debarment by State, its Departments, Commissions, Agencies, or Political Subdivisions.

Contractor certifies that neither it nor its principals is presently debarred or suspended by the Federal government, the State, or any of the State’s departments, commissions, agencies, or political subdivisions. Contractor’s certification is a material representation upon which the Contract award was based. Contractor shall provide immediate written notice to the State’s Authorized Representative if at any time it learns that this certification was erroneous when submitted or becomes erroneous by reason of changed circumstances.

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Federal Funds.

Compliance with Federal Requirements. Federal money will be used or may potentially be used to pay for all or part of the goods, construction or services under the Contract. The Contractor is responsible for compliance with all federal requirements imposed on the funds and accepts full financial responsibility for any requirements imposed by the Contractor’s failure to comply with federal requirements.

Certification regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Federal money will be used or may potentially be used to pay for all or part of the work under the Contract, therefore Contractor certifies that it is in compliance with federal requirements on debarment, suspension, ineligibility and voluntary exclusion specified in the solicitation document implementing Executive Order 12549. Contractor’s certification is a material representation upon which the Contract award was based.

Contingency Fees Prohibited.

Pursuant to Minn. Stat. § 10A.06, no person may act as or employ a lobbyist for compensation that is dependent upon the result or outcome of any legislation or administrative action.

Certification of Nondiscrimination (in accordance with Minn. Stat. § 16C.053).

If the value of this Contract, including all extensions, is $50,000 or more, Contractor certifies it does not engage in and has no present plans to engage in discrimination against Israel, or against persons or entities doing business in Israel, when making decisions related to the operation of the vendor's business. For purposes of this section, "discrimination" includes but is not limited to engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel, when such actions are taken in a manner that in any way discriminates on the basis of nationality or national origin and is not based on a valid business reason.

Non-discrimination (in accordance with Minn. Stat. § 181.59).

The Contractor will comply with the provisions of Minn. Stat. § 181.59.

E-Verify Certification (in accordance with Minn. Stat. § 16C.075).

For services valued in excess of $50,000, Contractor certifies that as of the date of services performed on behalf of the State, Contractor and all its subcontractors will have implemented or be in the process of implementing the federal E- Verify Program for all newly hired employees in the United States who will perform work on behalf of the State.

Contractor is responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept on file with Contractor and made available to the State upon request.

Hazardous Substances.

To the extent that the goods to be supplied to the State by the Contractor contain or may create hazardous substances, harmful physical agents, or infectious agents, as set forth in applicable State and federal laws and regulations, the Contractor must provide the State with Material Safety Data Sheets regarding those substances. A copy must be provided upon request. Goods and containers supplied to the State must be labeled in compliance with state and federal laws, rules, and regulations.

These terms apply to goods supplied under this contract:

Products Containing Triclosan Banned. The Contractor must comply with Minn. Stat. § 145.945.

Products Containing Certain Types of Polybrominated Diphenyl Ether Banned. The Contractor must comply with Minn. Stat. § 325E.385-325E.388).

http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc

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Coal Tar Sealant Use and Sale Prohibited. The Contractor must comply with Minn. Stat. § 116.202.

Products Containing Mercury. The Contractor must comply with Minn. Stat. 116.92.

Uniforms.

Contractors and their subcontractors shall be properly uniformed prior to entering any facility. The Contractor’s or their subcontractor’s company name must be identifiable on the uniform.

Survival of Terms.

The following clauses survive the expiration or cancellation of this Contract: Indemnification; State Audits; Government Data Practices; Intellectual Property; Publicity and Endorsement; Governing Law, Jurisdiction, and Venue; and Data Disclosure. Any other Contract term that expressly states or by its nature shall survive, shall survive.

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Exhibit B: Insurance Requirements

This Contract does not have any insurance requirements.

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Exhibit C: Specifications, Duties, and Scope of Work

Section 1: Duties and Scope of Work

1. SCOPE OF WORK.

The purpose of this contract is to provide one 20’ aluminum modified vee bottom with 115HP motor and boat trailer to survey Minnesota waters for the Department of Natural Resources (DNR). The awarded Contract Vendor will be required to meet with DNR representative over the phone before the build begins to ensure clear understanding of specifications. DNR will also require Contract Vendor to give DNR updates during the build that include pictures and any concerns. Contract Vendor will also contact DNR at the end of the build via a FaceTime or some sort of real time viewing of the completed package before it set out for delivery.

2. EQUIPMENT TRAINING.

The cost of the equipment must include training to the Customer that includes, but is not limited to, equipment operating instructions, mounting, removal, operating and safety instructions. If requested by the State, the Contractor will provide the training before the purchase of equipment will be considered complete. No additional training fees may be charged to the Customer.

3. EQUIPMENT SALES LITERATURE.

Upon request by a State Agency, the Contractor must provide equipment sales literature at no cost to the requestor.

Equipment sales literature should include items such as, but not limited to:

3.1 Product information, product functionality, safety instructions, and operation instructions.

3.2 All applicable parts, service, operator manuals (either Paper or CD format), and spare keys are to be included at no additional charge.

3.3 These items should be delivered to the DNR office at the time of delivery and not left in the boats.

4. DELIVERY DATE AND LOCATION.

4.1 Delivery Date of August 1, 2024, or first available date after receipt of order, unless otherwise agreed by the State and contractor.

4.2 Delivery address: DNR 21371 State Highway 15, New Ulm, MN 56073

4.3 The DNR requires the Contract Vendor to contact the delivery site 48 hours prior to delivery. Standard delivery hours are M-F 8AM-4PM.

4.4 If trailers are stacked, the contractor will be responsible for ground delivery. Delivery locations may refuse delivery if trailers are stacked, as the DNR may not have means to unload trailers safely.

4.5 All products must be delivered to the DNR with MSO/Titles and inventory sheets, if applicable.

5. EQUIPMENT WARRANTY, RECALLS, AND SERVICE UPDATES

5.1 The equipment offered must include the manufacturer’s standard warranty.

5.2 Minimum warranty required for boats and trailers is 1 year or greater.

5.3 Minimum warranty required for motors is 2 years or greater.

5.4 The Contractor will be responsible for the cost of any inspections, adjustments, parts, labor, travel, pickup and/or delivery charges that are a result of equipment failure(s) prior to or during the warranty period.

5.5 The contractor will be the single contact through which Customers arrange warranty work.

5.6 The Customer reserves the right to require the work to be subcontracted if it facilitates and expedites the completion of the warranty work.

5.7 All warranty work must be done with the state of Minnesota unless mutually agreed by the Customer and the

Contractor.

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5.8 The warranty work must be performed within 14 calendar days or as otherwise approved in writing by the

DNR.

5.9 This warranty will commence once the invoice is paid in full by DNR.

5.10 Any current factory recalls, or service updates must be completed by the contractor prior to delivery to the

DNR.

Section 2: Equipment Specifications.

1. General Specification

1.1 Contractor must be an authorized dealer or reseller(s) for the products defined in this section.

1.2 Package must be the most current advertised production model (unless otherwise specified)

1.3 Contractor is to furnish all standard equipment except when an item is replaced by an optional item over and above the standard equipment. Any non-factory standard equipment ordered by the DNR must be supplied and installed by the awarded vendor.

1.4 The boat package must meet all applicable codes and standards, must be sized, and adjusted per the manufacture’s recommendations and must not exceed the manufacturer’s maximum ratings.

1.5 All boats must have a hull identification number and meet flotation per USCG guidelines.

1.6 If concerns arise or modifications are recommended by the contractor during the fabrication process, the

DNR must be notified immediately and the DNR will review and authorize or decline any suggested changes.

1.7 All watercraft packages must be complete, water ready, and fully operational (including pitch/size of props). All fluids except fuel need to be filled to manufacturer recommended levels.

1.8 If any fuel remains in the engine and tank, it must be treated as if it’s going into long term storage prior to delivery (per owner’s manual).

1.9 Shipping must be included in unit price.

2. Boat - Line 1 in SWIFT – Boat

2.1 New 2024 or newer custom 20’ aluminum workboat.

2.2 12-degree vee bottom (modified vee)

2.2.1 Modified vee bottom should go full length of the boat with a vee at the transom as well

2.3 20-foot centerline

2.4 96” beam width

2.5 84” bottom width (or at optimal spacing for handling while maximizing floor space)

2.6 24” sides

2.7 Flat front-Snub Nose (Photo 1).

2.8 6 ribs pressed in long ways and a spray rail pressed in the sides.

2.9 14” splash well to be used as a shelf (diagram 1 & photo 2)

2.9.1 Depth of splash well in front to be 7.5”

2.9.2 Depth of splash well in back to be 9”

2.10 Heavy duty transom braced to hold at least a 150hp four-stroke outboard motor

2.10.1 20-21” transom to match with motor, with sides of the transom higher for backsplash (diagram 2 & photo 3)

2.10.2 Motor mounted FLUSH atop the transom (if this is problematic for handling, please call)

2.11 All welded 0.125” aluminum construction (minimum)

2.12 All welded floor and deck with nonskid diamond plate 0.125 in.

2.12.1 Boat floor must be completely sealed to prevent water from entering between over floor and hull; sealed floor must be level so no water will pool in bottom of boat

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2.12.2 Sealed floor must extend to sides of boat but sealed ribs should be exposed.

2.12.3 Flat floor all the way to deck, if possible, otherwise gradually slant floor.

2.13 42” L x 17” H front deck with nonskid surface

2.13.1 Storage under front deck with 24” x 14” compression/gasket sealed door that will prevent water entering from draining in off the deck and sloshing up from the floor (photo 4)

2.13.2 Door should swing to the side or down

2.13.3 Storage under deck must not compromise sealed floor (Photo 5)

2.14 Pedestal seat for the driver on the right (starboard) side positioned for driver to operate tiller controlled outboard.

2.14.1 Turning radius should be free of splash well, side of boat, and other obstructions

2.14.2 Small storage area/shelf near driver’s seat. (possibly under splash well) Off the floor, out of the way, easily accessible from the driver’s seat, large enough to store a laptop (Approx 12”x14”x2”) as well as additional clip board (Approx 12”x10”x3”)

2.14.2.1 Shelf should not allow for Laptop/clipboard to fall through, but to have some sort of drain holes to allow water to escape.

2.14.3 Flotation pod/ on board fuel tank on Port side for additional seating.

2.15 Cross ribs will be on 12 in. centers, or 10 in. apart and be sealed to keep water and plants from entering the backside (see photo 6).

2.16 2” drain hole with plug (located in center)- Plug must be able to be installed both the inside or outside (we have had boats where the plug can only be installed from outside and sometimes, they get pulled by debris in the water. If this happens, we want to be able to install a new plug from the inside of the boat).

2.16.1 Include 1 extra plug.

2.17 Drain area under splash well that measures 28” x 14”

2.17.1 The floor sump area must have 2, 2-inch drain holes, one located on each side of the sump area, and must allow the sealed floor to completely drain if there is any water intrusion.

2.17.2 Include 2 extra plugs.

2.18 Minimum BIA horsepower rating of 115hp

2.19 Round aluminum gunnels

2.20 10-16 gallon inboard/built in fuel tank to meet Minnesota boating laws.

2.20.1 Filler for tank located on left side of boat either in splash well area (photo 7) or outside of boat (we do not want a filler such as in photo 8)

2.20.1.1 Flip open gas cap (photos 9 & 10)

2.20.1.2 Gas cap must not interfere with loading of boat onto below mentioned trailer

(e.g. side bunks)

2.20.2 Fuel gauge located so it can be easily seen from inside or outside the boat, and easily accessible from behind in the event in needs replacement or repair.

2.20.3 Fuel tank must be properly ventilated.

2.21 On the starboard transom should be a bracket welded to the boat in order to mount a Minnkota Talon (or DNR approved comparable) and its respectable hardware, without needing to drill holes into the boat hull.

2.22 Minnkota Talon (or DNR approved comparable) 8-foot model mounted on above bracket so that driver can easily push the buttons to extend and retract.

2.23 Heavy duty 5/8” Minimum thickness bow eye with two holes (one for winch hook and one for safety chain)

2.24 Eye on each side of transom for tie down straps, retractable straps attached to trailer.

2.25 Back of transom to include two “transducer plates” (one on each side) below water line for various transducer mounting locations.

2.26 Master power cut off switch should be mounted near driver and have the ability to disconnect all electric devices from battery power, to ensure battery is not drained when not in use.

2.27 Boat to remain natural aluminum unpainted.

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2.28 NO Bow and stern navigation lights

2.29 NO Horn

2.30 NO Bilge Pump

3 Motor - Line 2 in SWIFT

3.1 Newest model year 115HP outboard motor installed on above boat

3.2 Four stroke.

3.3 Holes where motor is bolted on need to be sealed so water doesn’t leak in

3.4 20” shaft

3.5 Electric start

3.6 Tiller Steering

3.6.1 Digital information (tach, oil, overheat, etc) on tiller handle

3.6.2 In all one readout or gauge that has above information on readout

3.6.3 Guage/readout must be tucked away to reduce risk and visible to driver yet accessible in the event a repair or replacement is needed.

3.7 Power trim and tilt with switch located on the throttle handle to be operated by the drivers thumb while driving

3.8 Stainless steel propeller sized to match above boat, must have changeable hub system similar to Mercury

Flo-Torq series

3.9 Fuel hose connected to motor from fuel tank

3.10 Marine grade, sealed AGM battery with cables and battery box

3.10.1 Battery and box mounted behind driver

3.10.2 Cables to battery should remain off of the floor to allow water/debris to flow to drain area.

3.11 6-gallon portable gas tank with appropriate fuel hose and connections

3.11.1 Extra 6-gallon tank must be included in bid price

3.12 Must be 3-star CARB rated

3.13 Motor must be complete, water ready, fully operational and installed on boat (do not include fuel).

4 Trailer - Line 3 in SWIFT

4.1 New 2024 or newer Galvanized Roller Bunk Trailer sized and adjusted to fit boat and motor in this package.

4.2 Trailer must be fully assembled properly sized with adequate GVWR to carry boat (with accessories that may include anchor, trolling motor, batteries, depth finder, plus 400 pounds of gear) and motor with full fuel tank in this package. The contract vendor will be responsible to add these weights together to provide the adequate GVWR.

4.3 To prevent invasive species all material must be of a smooth surface (no marine grade carpet) and should be I-beam or open channel frame.

4.4 Side loading guides with plastic skids, no carpeting

4.5 Trailer should allow for loading and unloading in the shallowest water possible

4.6 Trailer Tongue: Standard constructed of tubular steel measuring 3 inches wide and 4 inches tall. Add nonslip thread to all exposed surfaces. DO NOT INCLUDE A SWING AWAY HINGE IN THE TONGUE. Image

4.7 Connector: 7- Spade RV electrical connector (must be hardwired, no adapters allowed). Image 28

4.8 Winch: Electric bow winch should be Dutton Lainson Strong Arm TW900 or DNR approved comparable.

4.8.1 Must be strap and hook NOT A CABLE

4.8.2 Truck end of power cable to include connector show in photo 11.

Rev. 9/2020 Page 16 of 18

4.9 Coupler: 2” ball coupler brake actuator system equivalent to Dexter A60 in line with tongue (photo 12 and 13).

4.10 Tongue:

4.10.1 Must be sized to accommodate weight and design of boat and motor.

4.10.2 Less than 3,000 GVWR – Adjustable style swivel jack with caster wheel

4.10.3 Greater than 3,000 GVWR – Swivel drop leg jack with dual wheels

4.10.4 Swing tongue must have double bolt or nylon locking nut, if applicable

4.10.5 Tongue weight – should be 10-15 percent of the fully equipped boat, motor and trailer package

(items included in this weight are; full fuel tank(s), batteries, mounted spare tire, etc.

4.10.6 Must not exceed the manufactures axle ratings (GAWR)

4.11 Trailer hubs: Must be equipped with stainless steel bearing buddies with protective covers.

4.12 Brakes: Trailers with a GVWR of 2,000 lbs or more require brakes on all wheels as well as breakaway brakes.

4.12.1 If equipped with electric brakes must include break away battery, if equipped with surge brakes must include a reverse release lever/switch/pin.

4.13 Transom:

4.13.1 Two transom tie down straps (retractable preferred)

4.13.1.1 Adjustable transom saver bar for supporting the motor during travel.

4.14 Lighting: Must be waterproof LED’s and meet or exceed Federal, DOT and MN DOT requirements.

4.15 Tires: 15-inch wheels

4.15.1 Matching Spare tire, wheel, and mount located vertically on the front passenger side of trailer.

4.16 Fenders: Stand on fenders.

4.17 Safety Restraints:

4.17.1 Two safety restraints with snap hooks appropriately rated and sized for trailer and load.

4.17.2 One safety restraint from trailer to boat eye.

4.18 Trailer must meet or exceed all current Minnesota and Federal Motor Carrier Safety Regulations.

4.19 Certifications:

4.19.1 Trailers are required by Federal Law 49 CFR 567.4 to have the certification label/plate adhered at time of delivery.

Rev. 9/2020 Page 17 of 18

Vendor should include complete specifications sheets of boat, motor and trailer being bid if bidding an equal/alternate

Responder will be held in strict compliance with these specifications.

See attached Exhibit D for Images

Rev. 9/2020 Page 18 of 18

Exhibit D: Pricing

Contract Pricing.

In General. Prices listed take into consideration all inherent costs of providing the requested goods and services. The Contractor agrees to pay any and all fees, including, but not limited to: duties, custom fees, permits, brokerage fees, licenses and registrations, government taxes, overhead, profit, parking permits, proper disposal of materials, insurance payments. The State will not pay any additional charges beyond the price(s) listed, unless otherwise provided for by law or expressly allowed by the Contract. Prices listed within the Purchase Order are maximum prices. These maximum prices shall remain firm for the initial term of the Contract. The Price List may not include any additional terms or conditions. A unit price and a total for the quantity must be stated for each item quoted. Prices must be quoted in United States currency. Any increase to Contract pricing requires a duly executed amendment to this Contract. Contractor may provide lower pricing at its discretion without requiring a duly executed amendment to the Contract.

Price Schedule(s).

The contract prices will be provided in the SWIFT Line Items.

Transportation.

All prices must be FOB Destination, prepaid and allowed (with freight included in the price), to the ordering entity’s receiving dock or warehouse, or as otherwise instructed on the purchase order by the ordering entity. In those situations in which the “deliver-to” address has no receiving dock or agents, the Contractor must be able to deliver to the person specified on the purchase order.

Taxes.

Do not add sales tax to the prices being offered. State Agencies hold a Direct Payment Authorization Letter which is used to pay applicable taxes directly to the Department of Revenue. Contractors may go to http://www.revenue.state.mn.us to learn about the applicable sales tax (search “Fact Sheet 142”).

Invoice Requirements.

Contractor hereby waives the right to enforce any term which contradicts or modifies any term of the solicitation or any Contract that may result, including subsequent amendments to the Contract, or would result in an unencumbered expense if enforced against the state. Contract quote and invoice must contain, at a minimum:

o Customer name o State Purchase Order number field o Item/service description o Item quantity o Cost http://www.revenue.state.mn.us/