CONTRACT: Snow Plowing Services- Multiple State Agencies

Page 6 of 16 Contractor Initials ________ Date ________ 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 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. BID PRICES: Bid prices shall remain firm for the entire contract period 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 your bid price at the time of the bid. Unless otherwise specified,

prices shall be F.O.B. DESTINATION, (included in the price bid), which means delivered to a state agency's receiving dock or other designated point as specified in this contract or subsequent purchase orders without additional charge. Shipments shall be made in order to arrive at the destination at a satisfactory time for unloading during receiving hours. 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 decreases shall become effective immediately as they become effective to the general trade or the Vendors best/preferred customer 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. 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: Payment method (P-Card or ACH). 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 7 of 16 Contractor Initials ________ Date ________ INVOICING: Invoices shall be submitted to the corresponding State agency after completion of work. 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 States 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 Add applicable prospective Vendor information to the Transmittal Letter form, and sign the form in the space provided. The Transmittal Letter form must be signed under oath and acknowledged by a notary public or justice of the peace in order for the bid response to be considered. 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://das.nh.gov/purchasing/vendorregistration/(S(q0fzcv55qhaeqs45jpyq5i45))/welcome.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) 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. https://apps.das.nh.gov/bidscontracts/bids.aspx https://das.nh.gov/purchasing/vendorregistration/(S(q0fzcv55qhaeqs45jpyq5i45))/welcome.aspx Page 8 of 16 Contractor Initials ________ Date ________ 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. SITE VISITATION: Prior to bidding, it is each Vendor's responsibility to become thoroughly familiar with the sites of the intended service, to determine everything necessary to accomplish the services. Failure of the Vendor to arrange a site visit does not relieve the Vendor of responsibility to fully understand what is necessary to accomplish a successful and complete services. Please note we highly encourage a site visit to see the location and have a walkthrough to explain expectations. To set up a site visit please contact the agency contact listed for the location in attachment 2. SCOPE OF SERVICES: Vendor shall supply all labor, tools, transportation, materials, equipment and permits as necessary and required to perform services as described herein. To remove all snow from entrance roadways, parking lots, and other areas of the facilities as listed and specified herein. All building sidewalks means of egress, doorways and overhead doors are included in this bid. Vendor shall furnish all equipment, vehicles, labor, and supervision to perform the work specified herein. Areas requiring snow plowing are to be properly staked prior to the start of each snow season. This is to be completed by the Vendor. If damage is found while the Vendor is staking the property, the Vendor shall be responsible for notifying the Contract Manager in writing. The State of New Hampshire will reject any claim that the area was damaged before snow plowing commenced if the claim was not made before the first storm. The Vendor shall commence operations as follows: Plowing and removal operations shall begin upon the accumulation any amount of snow on travel lanes parking spaces and walkways during the winter event, unless otherwise specified differently in the facilities scope of work and Salting and sanding shall occur at any time conditions warrant. The following are examples: freezing rain, black ice, sleet, spring melt off, and snow drift clean-up. Snow is to be removed or sanded/salted as soon as accumulation reaches a depth indicated for each location, every time it snows, and plow continuously for the duration of the storm so as not to allow large accumulations of snow, so that in the event emergency vehicles need to gain access to any part of the location, they will be able to do so. All areas requiring snow removal shall be completed by the times indicated for that location. The Vendor shall maintain locations with the goal of obtaining bare and dry pavement. Bare pavement should occur as soon as practical after a winter storm terminates. In the event that plowing operations (by the vendor, city, town, or state) creates snow banks that impair the vision of vehicles and pedestrians entering and exiting the location, these banks shall be removed to ensure that safe entering and exiting can occur. This shall be completed within twenty-four (24) hours after the cessation of the storm. Some locations require walkway and sidewalk snow removal. The Vendor shall keep walkways and sidewalks safe and passable at all times. The clearing of walkways and sidewalks shall not be done with equipment larger than the width of the walk or sidewalk. Special care must be exercised not to damage commemorative plaques, monument and statutes. Hand shoveling shall be done within three (3) feet of the aforementioned items. Page 9 of 16 Contractor Initials ________ Date ________ The Vendor is responsible for snow drift and wind row clean-up. The Vendor may be called to return to the site to plow snow drifts during, after, or between storms. The Vendor may use parking spots to store snow. Snow storage in parking spots shall not exceed five (5) percent of the available spots or as specified by the location. Handicap parking spots shall be kept completely free and clear. Locations that require snow removal in their scope of services, pricing shall be built in the annual fee. Vendor shall provide snow removal services to locations that request it on a case by case situation, at the pricing rates established by this bid. The State does not provide or allow snow removal of snow from one facility to be deposited at another state facility. All removed snow shall be lawfully disposed of. Under no circumstances shall the Vendor push or plow snow onto public or private walkways and roadways. The Vendor shall clear concrete walkways and driveways with sand treated with magnesium chloride or other approved product(s) only. No salt shall be used on these surfaces. Snow plow blades used on these surfaces shall be rubber, urethane, or other approved product(s). Trucks shall be equipped so as to be capable of plowing snow and sanding under all storm conditions. All vehicles being used by the Vendor must be owned and registered to the Vendor and all vehicles must be manned and operated by employees of the Vendor. All equipment used in the performance of services shall have amber flashing lights and strobe lights. These lights shall be on and in working condition at all times during operations. Vehicles not meeting this criterion shall be taken out of service immediately, no exceptions are to be made. All equipment used in the performance of services shall be fitted with rubber tires. No metal chains shall be on the equipment. All equipment shall be free of foreign substance on all areas to be utilizing in the plowing of the job site. A foreign substance is defined as any of the following: motor vehicle fluids (oil, gas, diesel, grease); plow fluids (fluids, grease); tobacco (no form of tobacco shall be in use in the vehicles while at the facility); and vehicle refuse (trash in vehicle that may escape into the plowing area). Vehicles and/or equipment that do not meet the above criterion shall be immediately taken out of service until the problem(s) are corrected. No exceptions are allowed. In the event of a hazardous waste spill, any captured hazardous materials must be disposed of promptly and properly. This disposal shall take place within two (2) working days of the incident. The Vendor shall be required to provide copies of all disposal records and logs. The Vendor shall report all accidents involving injury or major damage immediately after occurrence to the police (if necessary), to the facility location contact, and the Contract Manager. Damage to curbing, pavement, grates, guard rails, etc. shall be reported at the earliest opportunity, no later than four (4) hours after occurrence to the facility location contact. Damages noted above are to be repaired by the Vendor, at the Vendors expense, as soon as possible after occurrence. Final payment will not be made unless all repairs have been completed and approved by the facility location contact. The Vendor shall establish and implement methods of ensuring that all card keys and keys issued to the Vendor by the State are not lost or misplaced. The Vendor shall ensure that the card keys and keys are not used by unauthorized persons. No card keys and keys issued to the Vendor shall be duplicated. The Vendor shall report the loss of key cards and keys to the facility contact. In the vent keys are lost, the Vendor shall be required to rekey or replace the affected lock(s) at their expense. The State, at its discretion, may replace the affected lock(s) or perform the rekeying. When the replacement of lock(s) or rekeying is performed by the State, the total cost of rekeying or lock replacement shall be deducted from the monthly payment due to the Vendor. It is the responsibility of the Vendor to prohibit the use of keys issued by the State to any person(s) other than the employees of the Vendor. The Vendor shall complete spring clean-up prior to requesting a sign-off for the end of season from the facility location. The final payment shall be invoiced after the clean-up has occurred and been approved. All services performed under this Contract(s) shall be performed 24 7. Any deviation in work hours shall be pre- approved by the Contracting Officer. The State requires ten-day advance knowledge of said work schedules Page 10 of 16 Contractor Initials ________ Date ________ to provide security and access to respective work areas. No premium charges shall be paid for any off-hour work. The Vendor shall not commence work until a conference is held with each agency, at which representatives of the Vendor and the State are present. The conference shall be arranged by the requesting agency (State). The State shall require correction of defective work or damages to any part of a building or its appurtenances when caused by the Vendors employees, equipment or supplies. The Vendor shall replace in satisfactory condition all defective work and damages rendered thereby or any other damages incurred. Upon failure of the Vendor to proceed promptly with the necessary corrections, the State may withhold any amount necessary to correct all defective work or damages from payments to the Vendor. The work staff shall consist of qualified persons completely familiar with the products and equipment they shall use. The Contracting Officer may require the Vendor to dismiss from the work such employees as deems incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment on the work is deemed to be contrary to the public interest or inconsistent with the best interest of security and the State. The Vendor or their personnel shall not represent themselves as employees or agents of the State. While on State property, employees shall be subject to the control of the State, but under no circumstances shall such persons be deemed to be employees of the State. All personnel shall observe all regulations or special restrictions in effect at the State Agency. The Vendors personnel shall be allowed only in areas where services are being performed. The use of State telephones is prohibited. Site Specific Requirements: **Listed under attachment#: 2. BARE PAVEMENT POLICY: Services shall include, but shall not be limited to, snow plowing, removal and disposal of snow; salting and sanding shall be accomplished as needed, or on request of the agency/location. The Vendor shall maintain a bare pavement policy; all areas shall be treated regardless of the amount of snow accumulation. If the minimum of 2 of snow is not reached to commence plowing it is still the responsibility of the Vendor to arrive at the site of service and meet the bare pavement policy. Additional Requirements: Unless otherwise stated in the Scope of Services, all services performed under this Contract(s) shall be performed between the hours of 7:30 A.M. and 4:00 P.M. for State business days, unless other arrangements are made in advance with the State. Any deviation in work hours shall be pre-approved by the Contracting Officer. The State requires ten-day advance knowledge of said work schedules to provide security and access to respective work areas. No premium charges shall be paid for any off-hour work. The Vendor shall not commence work until a conference is held with each agency, at which representatives of the Vendor and the State are present. The conference shall be arranged by the requesting agency (State). The State shall require correction of defective work or damages to any part of a building or its appurtenances when caused by the Vendors employees, equipment or supplies. The Vendor shall replace in satisfactory condition all defective work and damages rendered thereby or any other damages incurred. Upon failure of the Vendor to proceed promptly with the necessary corrections, the State may withhold any amount necessary to correct all defective work or damages from payments to the Vendor. The work staff shall consist of qualified persons completely familiar with the products and equipment they shall use. The Contracting Officer may require the Vendor to dismiss from the work such employees as deems