CONTRACT: Construction Equipment Maintenance and Repair Services

"#RFB - DOT-2024-07 CONTRACTS FOR: Construction Equipment Maintenance and Repair Services\n\nBID TERMS AND CONDITIONS\nCONTRACT(S) TERMS AND CONDITIONS:\nThe Contractor's signature on a bid submitted in response to this bid guarantees that all of the State of New\nHampshire's Terms and Conditions are accepted by the Contractor. The form contract(s) P-37 attached hereto shall be\npart of this bid and the basis for the contract(s). The successful Contractor and the State, following notification, shall\npromptly execute this form of contract(s), which is t0o be completed by incorporating the service requirements and\nprice conditions established by the Contractor's offer, a sample of the P-37 document is attached for Contractors\u2019\nreview.\n\nCONTRACTOR RESPONSIBILITY:\nThe Contractor shall be solely responsible for meeting all terms and conditions specified in the bid, and any resulting\ncontract(s).\n\nTERMS OF SUBMISSION:\n\nAll material received in response to this bid shall

become the property of State and will not be returned to the\nContractor. Regardless of the Contractors selected, State reserves the right to use any information presented in a bid\nresponse. The content of each Contractor's bid shall become public information once a contract(s) has been\nawarded. Complete bids shall be filled out on original bid format. Contractors may submit additional paperwork with\npricing, but all pricing shall be on bid and in the State\u2019s format.\n\nLIABILITY:\nThe State shall not be held liable for any costs incurred by the Contractor in the preparation of their bid or for work\nperformed prior to contract(s) issuance.\n\nBID DUE DATE:\n\nSealed bids shall be received and deposited in the bid box at the 33 Smokey Bear Boulevard, Concord office of The\nBureau of Mechanical Services prior to 11:00 am, prevailing time on 4/5/2024, at which time they will be opened. It shall\nbe the Contractors\u2019 responsibility to ensure the bid is deposited as specified. Bids delivered to the bureau by alternative\nmeans are submitted at the sole risk of the Contractor. The Department will not accept responsibility for any reason if\nthe bids are not deposited in the bid box on or before the specified time and date. Bids received after the time stated\nfor opening bids willnot be opened or considered.\n\ne The State is under no obligation to make an award based upon this solicitation; the State, in its discretion, may\nreject any or all of the submitted bids.\"\n\n\u00abe All offers shall remain valid for a period of one hundred eighty (180) days from the bid due date. A Contractor's\ndisclosure or distribution of Bids other than to NH DOT - Bureau of Mechanical Services may be grounds for\ndisqualification.\n\nCERTIFICATE OF INSURANCE:\n\nContractors awarded a contract(s) shall be required to submit proof of Comprehensive General Liability prior to\nperforming any services for the State. The coverage shall have appropriate riders against all claims of bodily injury,\ndeath or property damage, in amounts of not less than $250,000.00 per claim and $2,000,000.00 per incident or\n$1,000,000.00 per occurrence and $1,000,000.00 umbrella. Coverage shall also include automobile liability and workers\u2019\ncompensatfion.\n\nPrior to performing any services for the State, Contractors awarded a contract shall be required to:\n\n. Certify compliance with, or exemption from, the requirements of NH RSA 281-A, Workers\u2019 Compensatfion, in\naccordance with Section 15 of the P-37 contract.\n. Provide certificate of insurance with the minimum limits required as described above.\n\nIF AWARDED A CONTRACT, The Contractor must complete the following sections of the attached Agreement State of\nNew Hampshire Form #P-37;\n\nSection 1.3 Contractor(s) Name\nSection 1.4 Contractor(s) Address\nSection 1.11 Contractor(s) Signature\n\nContractor Initials:\n\nDate:\n" "Section 1.12 Name & Title of Contractor(s) Signor\n\nSection 1.13 Acknowledgements\n\nSection 1.13.1 Signature of Notary Public or Justice of the Peace\nSection 1.13.2 Name & Title of Notary or Justice of the Peace\n\ne Provide certificate of insurance with the minimum limits required as described above.\n\ne Provide a certificate of good standing from the NH Secretary of State or proof of your completion of and\npayment for the start of the registration process.\n\nPUBLIC DISCLOSURE OF BID SUBMISSIONS:\n\nGenerally, all bids and proposals (including all materials submitted in connection with them, such as attachments,\nexhibits and addenda) become public information upon the effective date of a resulting contract or purchase order.\nHowever, to the extent consistent with applicable state and federal laws and regulations, as determined by the State,\nincluding, but not limited to, RSA Chapter 91-A (the \u201cRight-to-Know\" Law), the State will attempt to maintain the\nconfidentiality of portions of a bid that are clearly and properly marked by a Contractor as confidential.\n\nAny and all information contained in or connected to a bid or proposal that a Contractor considers confidential must\nbe clearly designated in a manner that draws attention to the designation. The State shall have no obligation to\nmaintain the confidentiality of any portion of a bid, proposal or related material, which is not so marked. Marking an\nentire bid, proposal, attachment or sections thereof confidential without taking into consideration the public\u2019s right to\nknow will neither be accepted nor honored by the State.\n\nNotwithstanding any provision of this RFP/RFB to the contrary, pricing will be subject to public disclosure upon the\neffective date of all resulting contracts or purchase orders, regardless of whether or not marked as confidential. If a bid\nor proposal results in a purchase order or contract, whether or not subject to approval by the Governor and Executive\nCouncil, all material contained in, made part of, or submitted with the contract or purchase order shall be subject to\npublic disclosure.\n\nIf a request is made to the State by any person or entity to view or receive copies of any portion of a bid or proposal,\nand if disclosure is not prohibited under RSA 21-I: 13-a, Contractors acknowledge and agree that the State may disclose\nany and all portions of the bid, proposal or related materials which is not marked as confidential. In the case of bids,\nproposals or related materials that contain porfions marked confidential, the State will assess what information it\nbelieves is subject to release; notify the Contractor that the request has been made; indicate what, if any, portions of\nthe bid, proposal or related material will not be released; and notify the Contractor of the date it plans to release the\nmaterials. The State is not obligated to comply with a Contractor's designation regarding confidentiality.\n\nBy submitting a bid or proposal, the Contractor agrees that unless it obtains and provides to the State, prior to the date\nspecified in the notice described in the paragraph above, a court order valid and enforceable in the State of New\nHampshire, at its sole expense, enjoining the release of the requested information, the State may release the\ninformation on the date specified in the notice without any liability to the Contractor.\n\nCONTRACTOR(S) OPPORTUNITY:\n\nContractor(s) may also make site visits to any location they chose to bid on if applicable. Contractor(s) is responsible\nfor having ascertained pertinent local conditions, such as equipment conditions, locations, accessibility and general\ncharacter of the sites knowledge of conditions affecting delivery performance. The act of submitting a bid is to be\nconsidered in full acknowledgment that the Contractorfs) is familiar with the conditions and requirements of these\nspecifications.\n\nCONTRACTOR CERTIFICATIONS:\n\nALL Contractors SHALL be duly registered as a Contractor authorized to conduct business in the State of New\nHampshire. Contractors shall comply with the certifications below at the time of submission and through the term of\nany contract which results from said bid. Failure to comply shall be groungs for disqualification of bid and/or the\ntermination of any resultant contract:\n\n. STATE OF NEW HAMPSHIRE CONTRACTOR APPLICATION: Contractor SHALL has a completed Contractor\nApplication and Alternate W-9 Form which SHALL be on file with the NH Bureau of Purchase and\nProperty. See the following website for information on obtaining and filing the required forms (no\nfee): http://admin.state.nh.us/purchasing/Contractor.as\n\nContractor Initials:\n\nDate:\n" ". NEW HAMPSHIRE SECRETARY OF STATE REGISTRATION: A bid award, in the form of a contract(s), will ONLY be\nawarded to a Contractor who is registered to do business AND in good standing with the State of New\nHampshire. Please visit the following website to find out more about the requirements for registration with the\nNH Secretary of State: http://www .sos.nh.gov/corporate.\n\n. CONFIDENTIALITY & CRIMINAL RECORD: If Applicable, by the using agency, the Contractor will have signed\nby each of employees or its approved sub-confractor[s), if any, working in the office or externally with the\nState of New Hampshire records a Confidentiality form and Criminal Record Authorization Form. These forms\nshall be returned to the individual using agency prior to the start of any work.\n\nCONTRACTOR\u2019S RESPONSIBILITY:\n\nRead the entire bid invitation prior to filling it out. Complete the pricing information in the \"Offer\" section (the unit price\nis the price for the unit of purchase required by this bid invitation (i.e. each, case, box, etc.) and all other required\ninformation on your offer. The extension is the unit price multiplied by the quantity required by this bid invitation. Also\ncomplete the \u201cContractor Contact Information\u201d section. Finally, complete the company information on the \"General\nConditions and Instructions\u201d page of this bid invitation, then sign the bid in the space provided on that page. This\nrequest for BId and any addenda to this bid invitatfions are advertised / posted at the following web site:\nhttp://admin.state.nh.us/purchasing/index2.asp\n\n. Itisa prospective Contractor's responsibility to access our website to determine any bid invitation under which\nthey wish to participate. It is also the Contractor(s)'s responsibility t0 access our website for any posted\naddendum.\n\ne The website is updated several times per day; it is the responsibility of the prospective Contractor(s) t0o access\nthe website frequently to ensure no bidding opportunity or addenda are overlooked.\n\n\u00ab It is the prospective Contractor's responsibility to forward a signed copy of any associated addenda to the Bureau\nof Mechanical Services along with their bid response.\n\nOBLIGATIONS & LIABILITY OF THE CONTRACTOR:\n\nThe Contractor shall do all the work and furnish all the materials, tools, equipment, and safety devices necessary to\nperform in the manner and within the time hereinafter specified. Contractor shall complete the entire work to the\nsatisfaction of the State and in accordance with the specifications herein mentioned, at the price herein agreed upon\nand fixed therefore. All the work, Iabor, and equipment to be done and fumished under this contract(s), shall be done\nand furnished strictly pursuant to, and in conformity with the specifications described herein, and the directions of the\nState representafives as given from time to time during the progress of the work, under the terms of this contract(s) and\nalso in accordance with contract(s) drawings.\n\nThe Contractor shall take all responsibility for the work under this contract(s); for the protection of the work; and for\npreventing injuries to persons and damage to property and utilities on or about the work. They shall in no way be\nrelieved of their responsibility by any right of the State to give permission or issue orders relating to any part of the work;\nor by any such permission given on orders issued or by failure of the State to give such permission or issue such orders.\nThe Contractor shall bear all losses resulting to him or to the Owner on account of the amount or character of the work,\nor because of the nature of the area in or on which the work is done is differed from what was estimated or expected,\nor account of the weather, elements, or other causes.\n\nThe Contractor agrees that any damage or injury to buildings, materials, and equipment or to other property during\nthe performance of this service will be repaired at their own expense.\n\nINSTRUCTIONS TO CONTRACTOR:\n\nRead the entire bid invitation prior to filling it out. Complete the pricing information in the \"Offer\" section (the unit price\nis the price for the unit of purchase required by this bid invitation {i.e. each, case, box, etc.) and all other required\ninformation on your offer. The extension is the unit price multiplied by the quantity required by this bid invitation. Also\ncomplete the \u201cContractor Contact Information\u201d section.\n\nBID SUBMITTAL\nContractor Initials:\n\nDate:\n" "All bids must be submitted on this form or an exact copy, must be typed or clearly printed in ink and must be received\non or before the date and time specified.\n\n\u201cBid for - Construction Equipment Maintenance and Repair Services\u201d RFP - DOT- 2024 - 07 Mechanical Services\u201d\n\nAddressed or delivered to: NH- DOT Bureau of Mechanical Services,\nPO Box 483, 33 Smokey Bear Boulevard\nConcord, New Hampshire 03302-0456\n\nFaxed to: 603-271-1649\nEmailed to: Bureau38@dot.nh.gov\n\nBids shall be received and deposited in the bid box at the 33 Smokey Bear Boulevard, Concord office of The Bureau of\nMechanical Services prior to 11:00 AM EST, prevailing time on 4/5/2023, at which time they will be opened. It shall be\nthe Contractor\u2019s responsibility to ensure the bid is deposited as specified. Bids delivered to the Bureau of Mechanical\nServices by alternative means, FAX, MAIL, ETC... are submitted at the sole risk of the Contractor. The Department will\nnot accept responsibility for any reason if the bid is not deposited in the bid box by the specific time and date. Bids\nreceived after the time for opening bids will not be considered.\n\nPURPOSE:\n\nThe purpose of this bid invitation is to establish a contract for supplying the State of New Hampshire Department of\nTransportation, Bureau of Mechanical Services with the service(s) indicated in the \u201cOffer\u201d section of this bid invitation to\nbe requested as needed during the term of the contract, in accordance with the requirements of this bid invitafion and\nany resulting contract.\n\nCONTRACT TERM:\nAny resulting contract (s) for service shall commence upon approval by Governor and Council for a term of\napproximately three (3) years beginning approximately July 1, 2024, through June 30, 2027.\n\nTERMINATION:\nThe State of New Hampshire shall have the right to terminate the purchase contract at any time by giving the\nsuccessful Contractor a thirty (30) day written notice.\n\nREQUEST FOR CHANGES AND/OR CLARIFICATION:\n\nAny Questions must be submitted by an individual authorized to commit their organization to the Terms and\nConditions of this bid. Submissions must clearly identify the bid Number, the Contractor'sname and address and\nthe name of the person submitfing the question. Any requested changes to this bid invitation by the Contractor\nmust be received in writing at the Bureau of Mechanical Services no later than 3:30 PM on the (5'h) fifth business\nday prior to the date of the bid opening. Questions must be submitted by E-mail to Tara Merrifield at the following\naddress: tara.j.merrifield@dot.nh.gov.\n\nSITE VISITATION\n\nPrior to bidding, it is each Contractor's responsibility t0 become thoroughly familiar with the intended service, to\n\ndetermine everything necessary to accomplish the service. Contact Tara Merrifield at 603-271-3721 to make an\n\nappointment to view equipment. Failure of the Contractor to make a site visit does not relieve the Contractor of\nresponsibility to fully understand what is necessary to accomplish a successful and complete installation.\n\nADDENDUM:\n\nIn the event it becomes necessary to add to or revise any part of this bid prior to the scheduled submittal date, the\nBureau of Mechanical Services will post on the state\u2019s web site any Addenda. Before your submission, always check\nthe site for any addenda or other materials that may have been issued affecting the bid. The web site address is\n\nwww.admin.state.nh.us/purchasing/bids.\nBID PRICES:\nBid prices must be in US dollars and must include all costs required by this bid invitation. Bid prices should result in prices\nthat are no higher than those charged to the Contractor's best/preferred customer. Special charges, surcharges, or\nfuel charges of any kind (by whatever name) may not be added on at any time.\n\nContractor Initials:\n\nDate:\n" "BID AWARD:\n\nThe award of the bid will be based upon THE TOTAL LOW BID MEETING ALL SPECIFICATIONS from the listing of the items\nindicated in the \u201cExhibit C\u201d of this bid invitafion. Successful Contractor willnot be allowed to require any other type of order,\nnor will the successful Contractor be allowed to require the filling out or signing of any other document by State of New\nHampshire personnel. The State reserves the right to reject any or all bids or any part thereof and add/delete locations\nto the contract price. If an award is made it shall be, in the form of an NH DOT Contract.\n\nNOTIFICATION AND AWARD OF CONTRACTIS):\n\nBid results will not be given by telephone. For Contractors wishing to attend the bid opening: Bid results willbe made\npublic after final approval of the contract(s).\n\nBID OPENING:\nContractors wishing to attend the bid Opening: Only the names of the Contractors submitting responses and the total bid\namount stated will be made public.\n\nBID RESULTS:\nBid results may also be viewed on our website at http://www.state.nh.us/purchasing/bid.asp.\n\nABILITY TO PROVIDE:\n\nSuccessful Contractor must be capable of providing the State of New Hampshire, Department of Transportation with their\nentire requirements of the maintenance and repair services as required in this bid invitation and any resulting contract\nwithout any delay or substitution.\n\nESTIMATED CONTRACT VALUE:\n\nThe annual value of the contract is estimated to be $100,000.00 per year. This figure is given for informational purposes only\nand shall not be considered a guaranteed or minimum figure, nor shall it be considered a maximum figure. The state\nreserves the right to add orremove equipment to be maintained or repaired from the list indicated in Exhibit B, due to the\npossibility of units being added or removed from service during the contract period. Actual contract value will be\ndependent upon work required.\n\nSPECIFICATION COMPLIANCE:\nContractor's offer must meet or exceed the required specifications as written. The State of New Hampshire shall be the\nsole determining factor of what meets or exceeds the required specifications.\n\nCONTRACTOR CONTACT INFORMATION:\nThe following information is for this office to be able to contact a person knowledgeable of your bid response, and\nwho can answer questions regarding it:\n\nContact Person Local Telephone Number Toll Free Telephone Number\n\nFax Number E-mail Address Company Website\n"