Contract: Petroleum and Chemical Spills, and Response Services

Page 3 of 29 Contractor Initials_______ Date_______ REQUEST FOR BID FOR PETROLEUM AND CHEMICAL SPILLS, AND RESPONSE SERVICES FOR THE STATE OF NEW HAMPSHIRE PURPOSE: The purpose of this bid invitation is to establish a contract for Petroleum and Chemical Spills, and Response services to the State of New Hampshire with services indicated in the SCOPE OF SERVICES and OFFER sections of this bid invitation, in accordance with the requirements of this bid invitation and any resulting contract. INSTRUCTIONS TO VENDOR: Read the entire bid invitation prior to filling it out. Complete the pricing information in the Offer section (detailed information on how to fill out the pricing information can be found in the Offer section); complete the Vendor Contact Information section; and finally, fill out, and signed page one of the bid invitation. BID SUBMITTAL: All bids shall be submitted on this form (or an exact copy), shall be typed or clearly printed in ink, and shall be received on or before the

date and time specified on page 1 of this bid under Bid Closing. Interested parties may submit a bid to the State of New Hampshire Bureau of Purchase and Property by email to NH.Purchasing@DAS.NH.Gov. All bids shall be clearly marked with bid number, date due and purchasing agents name. IF YOU ARE EXPERIENCING DIFFICULTIES EMAILING YOUR BID OR YOU WISH TO VERIFY THAT YOUR BID RESPONSE HAS BEEN RECEIVED, PLEASE CALL (603) 271-2201. BID INQUIRIES: Any questions, clarifications, and/or requested changes shall be submitted by an individual authorized to commit their organization to the Terms and Conditions of this bid and shall be received in writing at the Bureau of Purchase and Property no later than 4:00 PM on the date listed in the timeline below. Questions shall not be submitted to anyone other than the Purchasing Agent or his/her representative. Bidders that submit questions verbally or in writing to any other State entity or State personnel shall be found in violation of this part and may be found non-compliant. Questions shall be submitted by email to Ryan Fuller at christopher.r.fuller@das.nh.gov. Submissions shall clearly identify the bid Number, the Vendors name and address and the name of the person submitting the question. BID DUE DATE: All bid submissions shall be received at the Bureau of Purchase and Property no later than the date and time shown on the transmittal letter of this bid. Submissions received after the date and time specified shall be marked as Late and shall not be considered in the evaluation process. All offers shall remain valid for a period of one hundred eighty (180) days from the bid due date. A vendors disclosure or distribution of bids other than to DAS, Bureau of Purchase and Property may be grounds for disqualification. ADDENDA: In the event it becomes necessary to add to or revise any part of this bid prior to the scheduled submittal date, the NH Bureau of Purchase and Property shall post on our web site any Addenda. Before your submission and periodically prior to the RFB closing, Vendors are required to check the site for any addenda or other materials that may have been issued affecting the bid. The web site address is: mailto:NH.Purchasing@DAS.NH.Gov mailto:christopher.r.fuller@das.nh.gov Page 4 of 29 Contractor Initials_______ Date_______ https://apps.das.nh.gov/bidscontracts/bids.aspx. TIMELINE: The timeline below is provided as a general guideline and is subject to change. Unless stated otherwise, consider the dates below a no later than date. 3/5/2024 Bid Solicitation distributed on or by 4/3/2024 Last day for questions, clarifications, and/or requested changes to bid 4/5/2024 10:00 AM (EST) Bid Closing 7/1/2024 Implementation of Contract TERMS OF SUBMISSION: All material received in response to this bid shall become the property of the State and shall not be returned to the Vendor. Regardless of the Vendors selected, the State reserves the right to use any information presented in a bid response. The content of each Vendors bid shall become public information once a contract(s) has been awarded. A responding bid that has been completed and signed by your representative shall constitute your companys acceptance of all State of New Hampshire terms and conditions and shall legally obligate your company to these terms and conditions. A signed response further signifies that from the time the bid is published (bid solicitation date and time) until a contract is awarded, no bidder shall offer or give, directly or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected official, public official, public employee, constitutional official, or family member of any such official or employee who shall select, evaluate, or award the RFB. Furthermore, a signed response signifies that any terms and/or conditions that may be or have been submitted by the Vendor are specifically null and void and are not a part of this bid invitation or any awarded purchase order, even if said terms and/or conditions contain language to the contrary. The form P-37 Contract attached hereto shall be part of this bid and the basis for the contract(s). The successful Vendor and the State, following notification, shall promptly execute this contract form, which is to be completed by incorporating the service requirements and price conditions established by the vendors offer. CHAPTER ADM 600 PROCUREMENT AND PROPERTY RULES APPLY TO AND ARE MADE A PART HEREOF. Complete bids shall be filled out on the original documents and format that are a part of this bid invitation. Vendors may submit additional paperwork with pricing, but all pricing shall be on the documents provided with this bid invitation and in the States format. CONTRACT TERM: The term of the contract shall commence on July 1, 2024, with the approval of the Commissioner of the Department of Administrative Services or upon approval of the Governor and Executive Council, whichever is later, through June 30, 2029, a period of approximately five (5) years. The contract may be extended for up to an additional four (4) years thereafter under the same terms, conditions, and pricing structure upon the mutual agreement between the successful Vendor and the State with the approval of the Commissioner of the Department of Administrative Services or upon approval of the Governor and Executive Council. https://apps.das.nh.gov/bidscontracts/bids.aspx Page 5 of 29 Contractor Initials_______ Date_______ CONTRACT AWARD: The award shall be made to the Vendor(s) meeting the criteria established in this RFB and providing the lowest cost in total. The intent of the State is to issue multiple awards to qualified Vendors meeting the minimum requirements defined herein. The State reserves the right to reject any or all bids or any part thereof and add/delete items/locations to the contract. All award(s) shall be, in the form of a State of New Hampshire Contract(s). Successful Vendor(s) shall not be allowed to require any other type of order, nor shall the successful Vendor be allowed to require the filling out or signing of any other document by State of New Hampshire personnel. NOTIFICATION AND AWARD OF CONTRACT(S): Bid results shall not be given by telephone. For Vendors wishing to attend the bid closing, the names of the vendors submitting responses and pricing shall be made public. Other specific response information shall not be given out. Bid results shall be made public after final approval of the contract(s). Bid results may also be viewed on our website at https://apps.das.nh.gov/bidscontracts/bids.aspx. For Vendors wishing to attend the bid closing: Names of the Vendors submitting responses and pricing shall be made public. In lieu of in person public bid openings the State shall conduct openings via electronic means until further notice. LIABILITY: The State shall not be held liable for any costs incurred by Vendors in the preparation of bids or for work performed prior to contract issuance. PUBLIC DISCLOSURE OF BID OR PROPOSAL SUBMISSIONS: Generally, the full contents of any proposal (including all materials submitted in connection with it, such as attachments, exhibits, addenda, and vendor presentations) become public information upon completion of final contract or purchase order negotiations with the selected vendor. Certain information concerning proposals, including but not limited to scoring, is generally available to the public even before this time, in accordance with the provisions of NH RSA 21-G:37. Confidential, commercial or financial information may be exempt from public disclosure under RSA 91-A:5, IV. Any and all information contained in or connected to a bid or proposal that a Bidder considers confidential shall be clearly designated in the following manner: If the Bidder considers any portion of a submission confidential, they shall provide a separate copy of the full and complete document, fully redacting those portions by blacking them out and shall note on the applicable page or pages of the document that the redacted portion or portions are confidential. Use of any other term or method, such as stating that a document or portion thereof is proprietary, not for public use, or for clients use only, is not acceptable. In addition to providing an additional fully redacted copy of the bid submission to the person listed as the point of contact on Page one (1) of this document, the identified information considered to be confidential must be accompanied by a separate letter stating the rationale for each item designated as confidential. In other words, the letter must specifically state why and under what legal authority each redaction has been made. Submissions which do not conform to these instructions by failing to include a redacted copy (if required), by failing to include a letter specifying the rationale for each redaction, by failing to designate redactions in the manner required by these instructions, or by including redactions which are contrary to these instructions or operative law may be rejected by the State as not conforming to the requirements of the bid or proposal. Marking or designating an entire proposal, attachment, or section as confidential shall neither be accepted nor honored by the State. Marking an entire bid, proposal, attachment or full sections thereof https://apps.das.nh.gov/bidscontracts/bids.aspx Page 6 of 29 Contractor Initials_______ Date_______ confidential without taking into consideration the publics right to know shall neither be accepted nor honored by the State. Notwithstanding any provision of this request for submission to the contrary, proposed pricing shall be subject to public disclosure REGARDLESS of whether or not marked as confidential. If a request is made to the State by any person or entity to view or receive copies of any portion of a proposal, the State will assess what information it believes is subject to release; notify the Bidder that the request has been made; indicate what, if any, portions of the proposal or related material shall be released; and notify the Bidder of the date it plans to release the materials. To halt the release of information by the State, a Bidder must initiate and provide to the State, prior to the date specified in the notice, a court action in the Superior Court of the State of New Hampshire, at its sole expense, seeking to enjoin the release of the requested information. By submitting a proposal, Bidders acknowledge and agree that: The State may disclose any and all portions of the proposal or related materials which are not marked as confidential and/or which have not been specifically explained in the letter to the person identified as the point of contact for this RFB; The State is not obligated to comply with a Bidders designations regarding confidentiality and must conduct an independent analysis to assess the confidentiality of the information submitted in your proposal; and The State may, unless otherwise prohibited by court order, release the information on the date specified in the notice described above without any liability to a Bidder. TERMINATION: The State of New Hampshire shall have the right to terminate the contract at any time with a thirty (30) day written notice to the successful Vendor. VENDOR CERTIFICATIONS: All Vendors shall be duly registered as a vendor authorized to conduct business in the State of New Hampshire. STATE OF NEW HAMPSHIRE VENDOR APPLICATION: To be eligible for a contract award, a Vendor must have a completed Vendor Application Package on file with the NH Bureau of Purchase and Property. See the following website for information on obtaining and filing the required forms (no fee: https://DAS.NH.Gov/Purchasing). NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: To be eligible for a contract award, a Vendor that is a corporation, limited liability company, or other limited liability business entity (this excludes sole proprietors and general partnerships) must be registered to conduct business in the State of New Hampshire AND in good standing with the NH Secretary of State. Please visit the following website to find out more about the requirements for registration with the NH Secretary of State: https://sos.nh.gov/corporation-division/. CONFIDENTIALITY & CRIMINAL RECORD: If Applicable, any employee or approved subcontractor of the Vendor who will be accessing or working with records of the State of New Hampshire shall be required to sign a Confidentiality and Non-Disclosure Agreement and a Release of Criminal Record Authorization Form. These forms shall be returned to the designated State agency prior to commencing any work. CERTIFICATE OF INSURANCE: Prior to being awarded a contract the Vendor shall be required to submit proof of comprehensive general liability insurance coverage prior to performing any services for the State. The coverage shall insure against all claims of bodily injury, death or property damage in https://das.nh.gov/Purchasing https://sos.nh.gov/corporation-division/ Page 7 of 29 Contractor Initials_______ Date_______ amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate. Coverage shall also include State of New Hampshire workers compensation insurance to the extent required by RSA Chapter 281-A. PRICE ADJUSTMENTS: On the anniversary date of this contract, the successful Vendor(s) may request price adjustment, either upward or downward, keyed to the industry changes or general trade according to the bid year, not to exceed 5%. Written notice of an impending price increase, including substantiation for it, must be submitted in writing to the Bureau of Purchase & Property, 25 Capitol Street, Rm. 102, Concord, NH 03301, no less than ninety (90) days prior to the effective date of said price increase. The State reserves the right to reject any price increases it deems unreasonable. If parties to the contract cannot agree on renewal terms, it is hereby understood that the contract will be rebid. Price schedules shall remain firm for one year and may be adjusted on the anniversary date of this contract and shall be in US dollars and shall include delivery and all other costs required by this bid invitation. Special charges, surcharges (including credit card transaction fees), or fuel charges of any kind (by whatever name) may not be added on at any time. Any and all charges shall be built into the price schedules. Per Administrative Rule 606.01(e) if there is a discrepancy between the unit price and the extension price in a response to an RFP, RFB or RFQ, the unit price shall be binding upon the vendor. Price increases/decreases shall become effective immediately as they become available to the general trade. Updated Published Price List MUST be e-mailed to christopher.r.fuller@das.nh.gov. AUDITS AND ACCOUNTING: The successful Vendor shall allow representatives of the State of New Hampshire to have complete access to all records for the purpose of determining compliance with the terms and conditions of this bid invitation and in determining the award and for monitoring any resulting contract. At intervals during the contract term, and prior to the termination of the contract, the successful Vendor may be required to provide a complete and accurate accounting of all products and quantities ordered by each agency and institution and by political sub-divisions and authorized non-profit organizations. ESTIMATED USAGE: The quantities indicated in the offer section of this bid invitation are an estimate only for the State of New Hampshire's annual requirements. These quantities are indicated for informational purposes only and shall not be considered minimum or guaranteed quantities, nor shall they be considered maximum quantities. These quantities do not include any eligible participant usage. USAGE REPORTING: The successful Vendor shall be required to submit a quarterly and annual usage report for analysis for each state agency or eligible participant. Reports are due no later than 30 days after each end of each calendar quarter to Bureau of Procurement Services, Ryan Fuller and sent electronic to christopher.r.fuller@das.nh.gov. At a minimum, the Report shall include: Contract Number Utilizing Agency and Eligible Participant Services/Products Purchased (showing the manufacturer, item, part number, and the final cost.) Recycling documentation with respect to content used in the manufacture, development and distribution process of goods and services sold. This report shall include but not be limited to: o Percentage of recycled materials contained within finished products mailto:christopher.r.fuller@das.nh.gov mailto:christopher.r.fuller@das.nh.gov Page 8 of 29 Contractor Initials_______ Date_______ o Percentage of waste recycled throughout the manufacturing process o Types and volume of packaging used for transport o Any associated material avoided and/or recycled as applicable under contract o A standardized reporting form will be provided after contract award Total Cost of all Services/Products Purchased. Ability to sort by agency/eligible participant. In Excel format Site Number, Project Type, Site Name, Town or City. Vendor(s) project number and dates when work was performed. Invoice number and date. Project description (for example, truck rollover on highway, XYZ Property). Price Schedule Item Number. Item description. Quantity billed. Item price. Amount billed. o The labor costs associated with preparation, travel, office time and on-site time. o Total shall be provided at the bottom of each invoice sheet. ESTABLISHMENT OF ACCOUNTS: Each State of New Hampshire agency shall have its own individual customer account number. There may also be instances where divisions or bureaus within an agency will need their own individual customer account numbers. Should any State of New Hampshire agency place an order under the contract, the successful Vendor agrees to establish an account within three business days from the date the order is placed. However, there shall be no delay in any shipment; the agency shall receive the items ordered in accordance with the delivery time required under this bid invitation, as if an account already exists for the agency. ELIGIBLE PARTICIPANTS: Political sub-divisions (counties, cities, towns, school districts, special district or precinct, or any other governmental organization), or any nonprofit agency under the provisions of section 501c of the federal internal revenue code, are eligible to participate under this contract whenever said sub-division or nonprofit agency so desires. These entities are autonomous and may participate at their sole discretion. In doing so, they are entitled to the prices established under the contract. However, they are solely responsible for their association with the successful Vendor. The State of New Hampshire assumes no liability between the successful Vendor and any of these entities. PAYMENT: Payments shall be made via ACH or Procurement Card (P-card = Credit Card) unless otherwise specified by the State of New Hampshire. Use the following link to enroll with the State Treasury for ACH payments: https://www.nh.gov/treasury/state-vendors/index.htm Eligible participants shall negotiate their own payment methods with the successful Vendor. https://www.nh.gov/treasury/state-vendors/index.htm Page 9 of 29 Contractor Initials_______ Date_______ INVOICING: Invoices shall be submitted to the corresponding state agency or eligible participant after completion of work. For DES Invoicing: The technical report must be uploaded to the NHDES OneStop database for review prior to payment of any work invoices for the Assignment. All invoices from the disposal site will be required in quarterly reporting requirements. TERMS OF PAYMENT: Payment shall be made in full within thirty (30) days after receipt of the invoice and acceptance of the corresponding goods and/or services to the state agency or eligible participants satisfaction. VENDOR RESPONSIBILITY: The successful Vendor shall be solely responsible for meeting all terms and conditions specified in the bid, and any resulting contract. All State of New Hampshire bid invitations and addenda to such bid invitations are advertised on our website at: https://apps.das.nh.gov/bidscontracts/bids.aspx. It is a prospective Vendors responsibility to access our website to determine any bid invitation under which the Vendor desires to participate. It is also the Vendors responsibility to access our website for any posted addenda. The website is updated several times per day; it is the responsibility of the prospective Vendor to access the website frequently to ensure that no bidding opportunity or addendum is overlooked. It is the prospective Vendors responsibility to forward a signed copy of any addendum requiring the Vendors signature to the Bureau of Purchase and Property with the bid response. In preparation of a bid response, the prospective Vendor shall: Provide pricing information as indicated in the Offer section; and Provide all other information required for the bid response (if applicable); and Complete the Vendor Contact Information section; and Complete the company information on the Transmittal Letter page, and sign under penalty of unsworn falsification in the space provided on that page. It is the responsibility of the Vendor to maintain any awarded contract and New Hampshire Vendor Registration with up-to-date contact information. Contract specific contact information (Sales contact, Contractor contract manager, etc.) shall be sent to the States Contracting Office listed in Box 1.9 of Form P-37. Additionally, all updates i.e., telephone numbers, contact names, email addresses, W9, tax identification numbers are required to be current through a formal electronic submission to the Bureau of Purchase and Property at: https://www.das.nh.gov/purchasing/vendorresources.aspx. IF AWARDED A CONTRACT: The successful Vendor shall complete the following sections of the attached Agreement State of New Hampshire Form #P-37: Section 1.3 Contractor Name Section 1.4 Contractor Address Section 1.11 Contractor Signature Section 1.12 Name & Title of Contractor Signatory (if Vendor is not a sole proprietor) https://apps.das.nh.gov/bidscontracts/bids.aspx https://www.das.nh.gov/purchasing/vendorresources.aspx Page 10 of 29 Contractor Initials_______ Date_______ Provide certificate of insurance indicating the coverage amounts required by Section 14 of the Form Number P-37. Provide proof of sufficient workers compensation insurance coverage or evidence of exemption from RSA Chapter 81-A. If the successful Vendor is a corporation, limited liability company, or other limited liability business entity, then provide a certificate of good standing issued by the NH Secretary of State or, for a newly incorporated, formed, or registered entity, a copy of the appropriate registration document certified by the NH Secretary of State. SPECIFICATIONS: Complete specifications required are detailed in the SCOPE OF SERVICES section of this bid invitation. In responding to the bid invitation, the prospective Vendor shall address all requirements for information as outlined herein. SCOPE OF SERVICES: Vendor shall supply all labor, tools, transportation, materials, equipment and permits as necessary and required to perform services as described herein. The State of New Hampshire contracts on-call (24-hour per day, 7 days per week) emergency response services for oil and hazardous material spills and non-emergency, planned remediation at contaminated sites. Vendor(s) are to follow the performance standards described herein to achieve site-specific remediation goals. Selected Initial Response (IR) companies are expected to respond to an Assignment with the necessary personnel and equipment to effectively handle the environmentally impacted conditions in a timely, safe, and responsible manner. Assignments include, but are not limited to, the following remediation scope of work categories (see Attachment F for descriptions): (Please check ALL services below you can provide.) o On-Premises-Used Heating Oil Spills. o Planned Remediation at Contaminated Sites. o Removal of leaking Underground and Aboveground Storage Tanks. o Spills from Motor Vehicle Accidents. o Containment, Transportation, and Disposal of Unknown Wastes. o Contaminated Solid Wastes and Hazardous Materials Incidents. o Recovery of Submerged Petroleum Powered Vehicles and Petroleum Containers. o Response to Oil Spills in Swift Water Environments. VENDOR(S) QUALIFICATIONS & GENERAL PERFORMANCE VENDOR(S) PERSONNEL QUALIFICATIONS o IR Vendor(s) personnel shall meet the minimum education and experience requirements presented in Attachment E: Personnel Education and Experience. Health and Safety Training Page 11 of 29 Contractor Initials_______ Date_______ The Vendor(s) shall provide to the agency or eligible participant written documentation of the following personnel health and safety training: Completion of a Hazardous Waste Operations and Emergency Response training program (29 CFR 1910.120) for each employee, subcontractor, and service agent employed or hired, as applicable to potential Assignments. All personnel have a level of training appropriate to the assigned responsibilities and as required by the Occupational Health and Safety Administration (OSHA), US Environmental Protection Agency (USEPA), US Coast Guard (USCG) and Homeland Security Administration. INCIDENT RESPONSE TRAILERS o The Vendor(s) shall provide and maintain at least one Incident Response Trailer/Van at their field office designated to service New Hampshire. The trailer/van shall contain at least the equipment listed in Attachment D: Response Trailer Contents. o The Incident Response Trailer shall include, at a minimum, all equipment necessary to safely stabilize, bond, and ground, as well as off-load an overturned tanker vehicle. The site-specific equipment necessary to accomplish these tasks shall be left to the Vendor(s)s discretion. o The agency may inspect the supplies in the Vendor(s) trailer at any time without notice. If the agency determines that any of the equipment and supplies listed in Attachment D: Response Trailer Contents are missing or in substandard condition, the Vendor(s) shall be required to correct the deficiencies immediately. ASSIGNMENT DUTIES o The Vendor(s) shall perform the following Work as directed by the agency: Stop and contain releases- Stop the discharge of petroleum, hazardous materials and solid wastes, and contain the spread of the material using the best available means for remediation. This activity is to be consistent with the National Contingency Plan (40 CFR Part 300) and New Hampshire Revised Statutes Annotated (RSA) 146-A, 147-A and 146- C, and rules and regulations promulgated there-under. Recover product- Recover and remove free-phase product. This activity should be performed as soon as possible after a release to prevent migration. The Vendor(s) must be prepared to use various methods to recover surface and subsurface free phase product, including the use of interception trenches, dual pump systems, floating surface skimmers, sorbents, and oil/water separators. Source Removal - Remove and dispose of waste/fuel containers, ASTs, USTs, and appurtenances with contents. Remediate Contaminated Sites - Excavate, stockpile, segregate, consolidate and load, petroleum or hazardous waste contaminated soil and debris for transport and disposal off- site. Pump, contain and dispose of contaminated water and sludge. Page 12 of 29 Contractor Initials_______ Date_______ Treat Contaminated Groundwater Remediate contaminated groundwater using activated carbon adsorption, air stripping, ex situ and in-situ biological treatment, in-situ chemical oxidation, soil vapor extraction, and/or dual phase extraction. Control Groundwater Limit contamination and migration by using one or more of the following processes to control impacts to surface water and groundwater by: diversion, trenching, pumping, well points, collection trenches, recovery wells, hydraulic barriers, and injection wells. Vessel Operations Operate Vendor(s) and agency vessels in open waters to contain spills. Deploy oil spill boom and perform on-water recovery operations. Transportation Transport petroleum waste, hazardous waste, solid waste, contaminated media and debris to an authorized disposal facility. All vehicle operators and drivers must meet Attachment E: Personnel Education and Experience. Waste Packaging Prepare wastes for transportation by consolidating and packaging hazardous waste, solid waste, petroleum, and contaminated debris generated in emergency and non-emergency situations. Sampling Collect media samples of soil, soil vapor, sediment, water, and air, to determine the type, degree, and extent of the contamination. Perform confirmatory sampling to determine the effectiveness of cleanup operations. Laboratory services are to be performed by a New Hampshire Environmental Laboratory Accreditation Program accredited laboratory. Provide sample collection reports, results of analysis, Quality Assurance results, chain of custody forms and other related documentation. Waste Disposal Provide disposal services or make arrangements for disposal of all wastes at a facility authorized to receive the wastes. Prepare shipping documents (i.e., hazardous waste manifest or bill of lading documents), waste profiles, EPA Manifest, and land disposal restriction notifications. Remediation Technical Support provide technical support, as requested, during the remediation of spill sites, including site surveys, site plans, and maps, monitoring wells and test pits, indoor air surveys, clean-up reporting, and the determination of applicable regulatory requirements. Field Screening Provide field screening and field analytical services to protect health and safety and to assist remediation activities. Examples of equipment and techniques that may be required are photoionization detectors, percent O2-LEL meter, gas chromatography, immunoassay, and colorimetric tubes. Field Characterization Identify the hazardous characteristics of unknown materials using field screening methods (e.g., pH, flash point, reactivity, etc.); when possible, field characterize unknown materials to an extent to allow for transportation and disposal. Collect samples of unknown materials for laboratory identification or characterization. Access Restrictions - Secure sites from unauthorized personnel and trespassers. This can include the construction of fencing, signage, and other barriers. Page 13 of 29 Contractor Initials_______ Date_______ Subcontractor Management - Manage subcontracted specialty services including, but not limited to, oiled-wildlife rescue, hauling and lifting services, and diving and salvage operations. Miscellaneous Services - Provide technical services not specified in the work descriptions above (e.g., expert testimony, participation in oil spill response and emergency operations exercises, report preparation, etc.). GENERAL TERMS AND CONDITIONS FOR ASSIGNMENTS o The Vendor(s) shall comply with the following general terms and conditions: Maintain a 24-hour per day, seven days per week response capability to perform Emergency Work. Maintain compliance with the requirements of New Hampshire Revised Statutes Annotated (RSA) 146-A, 147-A, 147-B and 146-C, and rules and regulations promulgated there-under. Follow USEPA Standards, State regulations, regulations established by OSHA, fire standards and applicable local codes and ordinances. Provide at least 51% of the labor, equipment and materials based on the final invoiced costs for each Assignment, excluding associated transport and disposal costs. Exceptions are allowable for special Assignments as identified and approved by the agency. Subcontract with laboratories accredited by the N.H. Department of Environmental Services Environmental Laboratories Accreditation Program (NH ELAP). Obtain all required local, State, and federal permits required for Assignments. Perform field screening and characterization in accordance with accepted scientific protocols. Conduct all sampling in accordance with applicable EPA protocols, including use of appropriate containers, preservation techniques and transportation requirements. Adhere to strict chain-of-custody procedures all times in order to guarantee sample integrity. Recycling or incineration of chemicals and petroleum wastes shall be performed to the greatest extent possible. Package petroleum products whenever possible, for direct disposal and not for repackaging at a transfer station unless destined for recycling. Refer all press inquiries to the agency. Make all Vendor(s) facilities and equipment available for inspection by the agency, during normal business hours. Any agency non-expendable equipment used by the Vendor(s) shall be returned in the condition received and free of contamination. The Vendor(s) shall certify in writing that Page 14 of 29 Contractor Initials_______ Date_______ any agency-furnished property is returned to the agency free from contamination by any hazardous or toxic substances. EXPERT TESTIMONY o From time to time, the agency may have the need for expert testimony during enforcement proceedings for a given Site or Incident where the Vendor(s) provided services. The individual(s) selected to testify shall be fully knowledgeable of the details of the Site or Incident under litigation, shall be credible, and have knowledge of the response effort and remediation actions taken. The testimony shall consist of the factual statements regarding decisions made and actions the Vendor(s) took at a Site. WORK ADJACENT TO STRUCTURES o With prior approval of the agency representative, the Vendor(s) shall subcontract the services of a qualified structural Professional Engineer licensed in the State of New Hampshire to provide an evaluation and professional opinion on what measures are needed to support structures while conducting Work. o For Assignments involving the closure of USTs or underground piping near or under a structure foundation, the Vendor(s) shall subcontract the services of a qualified structural Professional Engineer licensed in the State of New Hampshire to provide an evaluation and professional opinion on whether removal can be safely accomplished, or in-place closure should be performed. o Photographs and/or video recordings of the Work area shall be taken prior to the commencement of work adjacent to existing structures. REPORTS and RECORDS o Upon completion of Work for each Assignment, the Vendor(s) shall prepare and electronically submit a technical report as described in this section. At its discretion, the agency may request additional site-specific reporting for each Assignment. o The Vendor(s) shall maintain records for each Assignment. These shall include daily Work logs, reports, data and drawings, a Subcontractor list, and a photo history of the site. The Vendor(s) daily work logs shall list the Work performed, the number and type of personnel on the site, equipment, weather conditions, and visitors. o The Vendor(s) shall take digital photographs of the site conditions before, during, and at the completion of the Work. Photos shall be marked with the date, time, location, and direction of the camera. o The technical report shall comply with the reporting requirements established in NH Code of Administrative Rules Chapter Env- Or 605.06, included in this RFB. HEALTH and SAFETY REQUIREMENTS Page 15 of 29 Contractor Initials_______ Date_______ o For each Assignment, the Vendor(s) shall comply with all federal, State, and local statutes, regulations, ordinances, etc., regarding health and safety, including complete compliance with all the requirements of 29 CFR 1910.120 Hazardous Waste Operations and Emergency Response. o For each Assignment, the Vendor(s) shall develop and implement an appropriate Health and Safety Plan (HASP). o The HASP, at a minimum, must provide a well-organized structure for the activities related to the hazards of all Assignments, and must address Assignment specific hazards, conditions and risk elements. The HASP must include Assignment specific roles and responsibilities, communication protocols, emergency response procedures, methods of on-site hazardous condition monitoring, required type of personal protective equipment and action levels to determine when each type of protective equipment is to be used, and minimum worker training requirements. o All Subcontractors and Vendors performing Work for the Vendor(s) must comply with the HASP. VENDOR(S) SELECTION The agency shall select a Vendor(s) to perform an Assignment based on the following criteria: o The Vendor(s)s availability and readiness to meet the needs of the Assignment. o The Vendor(s) ability to meet the Assignment requirements including but not limited to: o The proximity of the Vendor(s) personnel, equipment, and subcontractors to the location of the Assignment and travel time. o Past assignment responsiveness and performance. o The overall capability of the Vendor(s) based on the technical ability of personnel, specialty equipment, and past experience with similar Assignments. o To the extent possible, each agency will rotate Vendor(s) selection based on the number of Assignments awarded as compared to the other Vendor(s). The agency may consider the total dollar value of each Assignment in creating an Assignment queue. o Competitive pricing. AGENCY NOTIFICATION & VENDOR(S) RESPONSE o The agency shall notify the Vendor(s) by telephone, providing the best available information about the Assignment. o The agency and the selected Vendor(s) will agree on a time by which the Vendor(s) shall arrive on-site with the necessary personnel and equipment to effectively handle the Assignment. For Emergency Work, the Vendor(s) shall provide these resources to the incident location within four hours of the agencys request, unless there is mutual agreement to provide phased or sequential response. o If a Vendor(s) agrees to respond as requested by the agency, the Vendor(s) shall be obligated to perform the Work. If agreement on the arrival time or resources available cannot be reached, the agency will select another Vendor(s). Page 16 of 29 Contractor Initials_______ Date_______ o Upon arrival at the Site or Incident location, the Vendor(s) shall report to the agency representative present or contact the agency representative by phone if an agency representative is not present or available. o The agency may request the services of multiple Vendor(s) for a state-wide Incident. In such cases, the agency may assign one Vendor(s) the responsibility of coordinating the work of other Vendor(s) or assign a Vendor(s) to manage and oversee the work of a specialty Subcontractor. o The Vendor(s) shall maintain a 24-hour per day, seven days per week, response capability. The Vendor(s) shall provide a telephone number that is their sole emergency contact number that will be monitored on a 24-hour per day, seven days per week basis. SCOPES OF WORK AND CHANGE ORDERS SCOPE OF WORK o The Vendor(s) will provide for each Assignment, a Scope of Work that includes a description of the Work to be performed and a cost estimate for labor, equipment, materials, goods or services. o In emergency situations, the Vendor(s) shall commence Work following verbal approval by the agency on the initial Scope of Work. o In non-emergency situations the Vendor(s) shall submit a Scope of Work and budget estimate, in writing to the agency. Non-emergency Work shall not commence until the Vendor(s) has received written approval via email from the agency. In non-emergency situations, the Vendor(s) may be supervised directly by the agency. CHANGE ORDERS o The agency shall use written Change Orders for Non-Emergency Work to authorize additional Work not originally requested under the approved Scope of Work or to authorize additional quantities and items for handling and disposition under the given Assignment. In some cases, the Change Order mechanism may be used by the agency to consolidate and transport and/or dispose of contained wastes from more than one site for economical advantages. The amount of compensation to be paid to the Vendor(s) for any extra work shall be agreed upon between the parties and stipulated in the Change Order. o The Vendor(s) shall complete a Change Order form provided by the agency for changes to time, materials, transportation, or disposal costs, for any time or schedule change, and/or for use of Subcontractors. The agency must pre-approve the Work and dates under a Change Order, for the Vendor(s) to be compensated. o The agency may verbally authorize minor changes or alterations in the Work that do not involve extra cost. These items shall not need to be authorized by a written Change Order. VENDOR(S) PERSONNEL ASSIGNMENT OF PERSONNEL Page 17 of 29 Contractor Initials_______ Date_______ o The Vendor(s) personnel selected for an Assignment shall be appropriate for the type, complexity, and quantity of Work to be performed. The lowest technical level of personnel capable of performing the Work shall be selected for the Assignment whenever possible. o No more than one site supervisor and one foreman shall be selected per Assignment unless additional managers are approved by the agency. o The Vendor(s) shall provide to the agency the names and work assignments of all management personnel (i.e., Site Supervisor, Foreman, and Health and Safety Officer) selected for an Assignment. Once selected for the Assignment, the Vendor(s) shall not substitute personnel in any of the management positions without prior approval from the agency representative. CONSULTANTS, SUBCONTRACTORS AND VENDORS o The Vendor(s) may use the services of a Subcontractor where reasonable, appropriate, and consistent with industry practice. The Vendor(s) shall not award any Work to a Subcontractor without prior approval of the agency representative. o The Vendor(s) shall be fully responsible to the agency for the acts, errors, and omissions of a Subcontractor. o The Subcontractor shall be bound by the same terms and conditions as those that bind the Vendor(s) to the agency, but there shall be no direct contractual relationship between a Subcontractor and the agency. o The Vendor(s) shall provide to the agency the subcontractors reports and documentation for each Assignment. o A Vendor(s) that relies on a Subcontractor to provide equipment or services for Emergency Work shall structure their Subcontractor agreement (or agreements) to ensure same-day deployment capability. o A Vendor(s) may employ the services of a Consultant as a Subcontractor for certain Assignments, with prior written approval of the agency representative. o A Vendor(s) may obtain materials, supplies and services from a Vendor as necessary to complete routine Work without specific approval of the agency representative. o The Vendor(s) shall provide the agency with all technical instructions, operations & maintenance manuals, warranties and security codes/keys, related to materials, supplies and services acquired from a Subcontractor or Vendor. VENDOR(S) PAYMENT REQUESTS PRICE SCHEDULE APPLICABILITY o All items listed in the Price Schedule with a specified unit price and all labor rates shall be considered Usual and Customary rates, to which no markup may be added when billed to the agency. Page 18 of 29 Contractor Initials_______ Date_______ o All items listed in the Price Schedule as Cost-Plus shall be based on the actual cost to the Vendor(s), to which an applicable markup may be added when billed to the agency. o All items listed in the Price Schedule as Per Quote shall be based on total costs to be billed to the agency. There shall be no adjustment to a quoted price unless a Change Order is approved prior to billing. Adjustments to quoted prices shall be for circumstances beyond the reasonable knowledge or control of the Vendor(s), Subcontractor, or Vendor. o For the transportation of waste not provided by the Vendor(s), the Vendor(s) may apply a 15% markup. o For the disposal of waste at facilities not owned by the Vendor(s), the Vendor(s) may apply a 15% markup. PAYMENT TERMS o All Subcontractor(s) services shall be invoiced at a markup not to exceed 15% over Vendor(s) cost. A detailed receipt shall accompany each invoice. o There shall be no preference given by the agency for waste recycling and disposal at a facility owned and operated by the Vendor(s). The Vendor chosen to provide services shall be based on the location of the site and availability of the Vendor(s). Waste transportation and disposal shall be at the least cost based on multiple quotes, or at a Usual and Customary cost as determined by the agency. The agency shall not pay minimum disposal charges for small quantities unless justification is provided that demonstrates a cost savings to the agency. o The agency reserves the right to reject quotes and/or payment requests that are deemed to exceed Usual and Customary costs for the service. o Vendor(s) and Subcontractor labor costs shall apply to office time, on-site time, and travel time. On-site labor time shall be measured from the time of arrival on-site to the time of departure each day or upon completion of the work as determined by the Department. Travel time shall be measured from and to the New Hampshire border. The maximum compensation for labor travel time shall be two hours each way per day. Preparation time (max 1 hour) includes mobilization time prior to travel to the site. o The Vendor(s) shall not be paid for project management time where office hours are charged for coordination within the company and for preparation of inter-office work orders. o Vendor(s) and Subcontractor overtime shall be paid as follows: o Weekday: Base X 1.5 for work in excess of the standard 8-hour workday plus 2 hours travel/preparation time; overtime rates apply >10 hours per day. o Saturday: Base X 1.5 for all work time. o Sunday and Holidays: Base X 2.0 for all work time. NOTE: An uncompensated lunch period up to 1 hour each day is allowed for all staff.