SAMPLE_Contract_16542.pdf

State of Minnesota Contract

SWIFT Contract Number:

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. 2000016542 on December 19, 2024, for one (1)

Custom made 17’ Work Boat with 75HP motor and boat trailer to be used for surveying 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. January 10, 2025, 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, 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, or his/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 Requirements Exhibit C: Specifications, Duties, and Scope of Work Exhibit D: Price and Payment Schedule

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 by The Office of State Procurement

Print name: Print name:

Signature: Signature:

Title: Date: Title: Date:

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, 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.

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 product 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 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 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.

Intellectual Property Rights.

Definitions. For the purpose of this Section, the following words and phrases have the assigned definitions:

“Documents” are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Contractor, its employees, agents, or subcontractors, in the performance of this Contract.

“Pre-Existing Intellectual Property” means intellectual property developed prior to or outside the scope of this Contract, and any derivatives of that intellectual property.

“Works” means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Contractor, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this Contract. “Works” includes Documents.

Ownership. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this Contract. The Documents shall be the exclusive property of the State and all such Documents must be immediately returned to the State by the Contractor upon completion or cancellation of this Contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” The Contractor assigns all right, title, and interest it may have in the Works and the Documents to the State. The Contractor must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents.

Pre-existing Intellectual Property. Each Party shall retain ownership of its respective Pre-Existing Intellectual Property. The Contractor grants the State a perpetual, irrevocable, non-exclusive, royalty free license for Contractor’s Pre-Existing Intellectual Property that are incorporated in the products, materials, equipment, deliverables, or services that are purchased through the Contract.

Obligations.

Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Contractor, including its employees and subcontractors, in the performance of this Contract, the Contractor will immediately give the State’s Authorized Representative written notice thereof, and must promptly furnish the State’s Authorized Representative with complete information and/or disclosure thereon.

Representation. The Contractor must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the State, and that neither Contractor nor its employees, agents, or subcontractors retain any interest in and to the Works and Documents. The Contractor represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities.

Indemnification. Notwithstanding any other indemnification obligations addressed within this Contract, the Contractor will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless the State, at the Contractor’s expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. The Contractor will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or action arises, or in the Contractor’s or the State’s opinion is likely to arise, the Contractor must, at the State’s discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing works or documents as necessary and appropriate to obviate the infringement claim.

This remedy of the State will be in addition to and not exclusive of other remedies provided by law.

Copyright.

The Contractor shall save and hold harmless the State of Minnesota, its officers, agents, servants and employees, from liability of any kind or nature, arising from the use of any copyrighted or noncopyrighted compositions, secret process, patented or nonpatented invention, article or appliance furnished or used in the performance of the Contract.

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.

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.

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).

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.

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.

Exhibit B: Insurance Requirements

This Contract does not have any insurance requirements.

Exhibit C: Specifications, Duties, and Scope of Work

SECTION 1: DUTIES AND SCOPE OF WORK

SCOPE OF WORK.

The purpose of this contract is to provide a single 17’ foot aluminum work boat with 75HP motor and boat trailer for the Department of Natural Resources (DNR) to survey Minnesota waters.

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. The contract milestone dates to be established by mutual agreement between the Contractor and the DNR representative prior to the execution of the contract.

Contract Vendor will also contact DNR at the end of the build via a FaceTime or another format for real time viewing of the completed package before it set out for delivery.

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.

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:

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

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

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

DELIVERY DATE AND LOCATION.

Delivery Date of April 1, 2025, or first available date after receipt of order, unless otherwise agreed by the State and contractor.

Delivery address: DNR 1201 E Hwy 2, Grand Rapids, MN 55744

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

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

EQUIPMENT WARRANTY, RECALLS, AND SERVICE UPDATES

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

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

Minimum warranty required for motors is 2 years or greater.

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.

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

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

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

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

DNR.

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

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

SECTION 2: EQUIPMENT SPECIFICATIONS

GENERAL SPECIFICATION

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

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

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.

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.

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

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.

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.

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).

BOAT - 17’ ALUMINUM WORKBOAT - QUANTITY OF 1 (LINE 1 IN SWIFT)

New 2025 or newer custom 17’ aluminum workboat.

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

At least 17’9” centerline

84” beam width

68” bottom width

24” sides

Flat bow

16” splash well to be used as a shelf (see photo 1)

Drain holes on both sides.

Depth of splash well in front to be 7.5”.

Depth of splash well in back to be 9”.

Top of forward wall of splash well to be equal with the top of gunnel (Photo 2) Hole drilled in the upper starboard corner of the forward splash well wall with protective sleeve/grommet for motor and transducer cables to pass through (photo 2) Should be large enough to set gas tank flat in the splash well.

Fire extinguisher mounted in open cylinder-type bracket in forward port area under the console (Photo 3)

All 16-foot boats or greater must be equipped with rechargeable marine grade 5 pound fire extinguisher.

Heavy duty transom braced to hold at least a 90hp four-stroke outboard motor.

7.10.1 21” transom with motor mounted FLUSH atop the transom (if problematic for handling, please call)

All welded 0.125” aluminum construction (minimum)

All welded floor and deck with nonskid surface

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.

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

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

Storage under front deck with 24” x 14” access opening and aluminum door positioned to minimize water draining in off the deck and sloshing up from the floor (Photo 4)

Storage door should have an inward sloping top edge that fits into the opening to reduce opportunities to snag nets (Photo 4)

7.13.2.1 Door should swing to the side.

7.13.2.2 Storage under deck must not compromise sealed floor.

7.13.2.3 Lip on edge of front deck to prevent water on deck from spilling into boat (see photo 5)

7.13.2.4 Drain holes off front deck on each side (see Photo 5)

Steering console positioned midship for driver to comfortably operate controls (photo 6) and containing a storage compartment under console.

Console will contain light switch, bilge switch, horn button, and two 12-volt receptacles and not cover gunwale to allow for Bimini top storage (details below)

Allow a flat area on the console where a GPS/depth finder can be mounted.

A hole and grommet (or hole with a 1” long section of 1.5” – inside diameter – tube welded to the inside area of the console producing a gentle non-sharp edge - preferred) in the upper starboard bow face (photo 11) of the console for chart and depth sounder cables to pass through – this location is flexible to allow for avoidance and flexibility in mounting of fuse panel and horn.

Sitting bench and storage in front of console as show in photo 6

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

Box seat, step down from ladder (photo 7)

Measuring out from the side 26” and out from the splash well 19” and 17” high.

Aluminum access door on bow side of panel, hinged on the port side, and securely latching to get at possible storage (photo 7) with an opening size maximized for the location and positioned to minimize water draining in off the seat pod and sloshing up from the floor (photo 4)

7.16.2.1 This is where many staff store lunches and other gear so not having a sharp metal edge around the opening is required.

7.16.2.2 Access door should have an inward sloping top edge that fits into the opening to reduce opportunities to snag nets on the top (photo 4)

7.16.2.3 Door should swing to the side.

7.16.2.4 Storage area underneath pod must not compromise sealed floor.

7.16.2.5 A small drain hole (1/4”) or smaller on the starboard side and near the transom-most area of this box to allow drainage of any water that does enter the compartment.

All side braces completely sealed to prevent water and plant matter from being trapped (photo 8)

3” drain hole with plug (located in bottom center of transom)

Include extra plug.

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

Must be completely sealed to prevent water from entering between over floor and hull

One drain hole (with plug) in each of the forward, port, and starboard sides to drain any water that manages to get between hull and over floor.

Extra plugs (3) of appropriate size

USCG guidelines for level flotation must be met.

Inside AND outside of boat to be painted olive drab or forest green with marine grade paint.

Minimum Boating Industry of America (BIA) horsepower rating of 90hp

Round aluminum gunnels

Heavy duty bow eye with two holes (one for winch hook and one for safety chain)

Two front handles, one starboard and one port, located near front deck at the same level as the top of the deck welded in place (photos 5, 8 & 9)

Eye on each side of transom for tie down straps.

Transducer mounting plates on bottom left and bottom right of transom.

Bow and stern navigation lights included and wired in as to meet Minnesota boating laws.

Bow lights must be mounted as to not interfere with the setting or lifting of nets off of the front of the boat or trailer loading (red and green lights may be placed at the sides of the bow)

Light wires to bow must be run through conduit (photo 9)

7.26.2.1 Must maintain fully sealed braces mentioned above (photos 8 & 9)

7.26.2.2 If run through conduit as in photos 8 and 9, continue the weld the entire length where conduit meets gunwale so debris cannot accumulate in narrow space between conduit and gunwale.

Lights must connect to boat battery mentioned in boat motor specs below.

Stern light base wired in behind driver.

Light switch on steering console

Horn hard wired in (must meet Minnesota boating laws)

Horn control on steering console

Horn placement should not interfere with net lifting, trailer loading, or storage abilities of pod/seat.

Horn must connect to boat battery mentioned in boat motor specs below.

Bilge pump hard wired in with pump in drain area under splash well.

Bilge pump must connect to boat battery mentioned in boat motor specs below.

Toggle switch on steering console for bilge pump

7.28.2.1 The bilge must not automatically run. It will only be turned on or off by the toggle switch.

7.28.2.1.1 All hose connections must be secured with hose clamps.

Two 12-volt receptacles with weatherproof caps on steering console

Master battery cutoff switch located behind the driver seat (photo 10)

Bimini Top sunshade with storage boot – preferred color grey

4 bow top with a height of 58” (height above sealed floor to total 78”), minimum length of 90”, and width to match boat 84”

Installation positioned so unit rests on forward portion of splash well when being stored and not contacting console as the top is deployed (photo 11)

Canvas made from waterproof material that is UV and mildew resistant.

Use stainless steel mounting components for Bimini top (photo 12)

New MinnKota Talon or DNR approved equal shallow water anchor minimum of (and preferred) 8’ length -preferred color black

Installed on starboard side of transom to allow motor free movement (see photo 13)

Hard wired to motor/battery as per manufacturer’s instructions.

Retractable and telescoping 4-step ladder installed on port transom to aid in easier boat reentry (similar to one in photo 14 – Garelick part # 19684)

Mounting bolts or nuts should not interfere with gas tank sitting unobstructed in the transom splash well.

Ladder must be able to be retracted and secured to the transom when not in use.

MOTOR - 75 HP MOTOR – QUANTITY OF 1 (LINE 2 IN SWIFT)

8.1 Newest model 75 HP (or larger) commercially rated Mercury, Honda or Suzuki motor installed on above boat.

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

Remote steering – must match the boat as per the manufacturer recommendations.

20” shaft

Electric Start

Power trim and tilt

8.6 Do not install a remote electronic Man Overboard (MOB) System

8.7 A tethered kill switch is preferred.

8.8 Aluminum propeller sized to match above boat.

8.9 Fuel hose and 6-gallon gas tank connected to motor.

Include an extra 6-gallon tank with proper connections.

Marine grade, sealed battery with cables and battery box

8.10.1 Battery and box mounted behind driver and able to be secured bow to stern and starboard to port (photo 15) to prevent any sliding of battery box.

⅜ inch of separation between battery box and floor so debris cannot get trapped (photo 15)

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

Motor must be complete, water ready, and fully operational (does not include fuel)

Any remaining fuel in the tank and engine must be treated as if it is going into storage prior to delivery – per owner’s manual.

3 Star C.A.R.B. Rating.

TRAILER - NEW 2025 OR NEWER GALVANIZED ROLLER TRAILER - QUANTITY OF 1 (LINE 3 IN SWIFT)

New 2025 or newer Galvanized Roller Trailer sized and adjusted to fit boat and motor in this package.

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 800-1000 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.

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 (photo 16).

Roller trailer rated for 3,500 lbs., with factory stamp for 2,990 GVWR.

If equipped with a torsion axle, a trailer lift kit (see photo 17) should be installed to increase the clearance between the torsion spindles and trailer frame – or axle design to where the axle doesn’t’ contact the frame and the wheel well (fender) doesn’t contact the tire when the torsion mechanism fails.

Side-mounted, UF-resistant, bunk-style Marine grade HDPE (Trade name: SeaBoard), UHMW, PTFE (or similar plastic which is wear, chemical, and temperature resistant) loading guides with sufficient bolts to prevent waviness.

Trailer Tongue: Standard (non-swing tongue)

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

Manual Winch: Must include a two-inch wide, 25-foot winch strap and hook, sized appropriately for boat and motor.

Coupler: If less than 5,000 GVWR, 2” ball coupler; if more than 5,000 GVWR, Lever type coupler;

appropriate coupler required.

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

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

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

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.).

Must not exceed the manufactures axle ratings (GAWR).

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

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

If equipped with electric brakes must include breakaway battery.

If equipped with surge brakes must include a reverse release lever/switch/pin.

Transom:

Two permanently moted retractable transom tie down straps one on each side of trailer.

Adjustable transom saver bar for supporting the motor during travel.

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

Lighting must be flush mount on low profile wheel well lights.

Spare Tire: Galvanized matching spare tire and wheel mount on trailer so that the boat can be clearly loaded onto trailer without interference.

Galvanized wheels

Stand on Fenders

10’ Catwalk spanning an additional cross member

Safety restraints: two safety restraints with snap hook appropriately rated and sized for trailer and load.

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

Certifications:

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

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.

Photo 1 – Showing splash well.

Photo 2 – Showing hole location for transducer cable and upper edges of gunnel and forward splash-well being equal.

Photo 3 – Showing open cylinder-type bracket for fire extinguisher (easier access than clamps) and preferred location of fire extinguisher and design of console so that GPS and Depth finder have a flat surface to mount on. Console storage should not cover gunwale to allow for Bimini top frame to rest when stored.

Photo 4 – Showing storage opening and door under deck.

Photo 5 – Showing lip on bow and drain holes off side.

Photo 6 – Showing location and design of console, location of driver seat and bench seat/storage in front of console.

Lip on deck to prevent water movement from deck to floor

Photo 7 – Showing pod/box location and desired location of storage door

Photo 8 – Showing handle and fully sealed braces.

Note: we want this to be a metal door similar to image 4, hinged on the port side and securely shutting so as to not bounce open during boat operation

Photo 9 – Showing handle and showing conduit where wiring for bow lights is run. Also note the continuous weld running the entire length of where conduit meets gunwale in order to reduce debris capture.

Photo 10 – Showing master cutoff switch.

Note continuous weld along gunwale and no interference with sealed side braces

Photo 11 – Showing the Bimini top not clearing the console and cutting into it (left image – not what we want), and two images of what a Bimini clearing the console looks like (this is ideal)

Photo 12 – Stainless hardware for Bimini top versus plastic components. Rivet all brackets where they connect to the boat. Utilize a thread-locking compound on all set screws.

Photo 13 – Showing mounting location of MinnKota Talon

Photo 14 – Picture of a telescoping and retractable 4-step ladder by Garelick – this or similar one to be mounted on the port side of transom for this boat

Photo 15 – Depicting the ideal battery box securing method. Note (4) handles welded to floor to secure battery to floor and (2) ⅜ inch blocks continuously welded (no gaps in the weld where debris can get lodged beneath the block) to the floor to support battery box off floor to facilitate cleaning/rinsing under box.

Photo 16 – Preferred trailer design.

Photo 17 – Showing a lifted torsion axle. The torsion mechanisms have weakened in the past and dropped the wheel well (fender) onto the tire, and the trailer frame onto the…