PEASE DEVELOPMENT AUTHORITY Portsmouth, NH HVAC SERVICES CONTRACT

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1 PEASE DEVELOPMENT AUTHORITY Portsmouth, NH HVAC SERVICES CONTRACT REQUEST FOR PROPOSALS Sealed requests for proposals, shall be enclosed in two envelopes (inner and outer), both of which shall be sealed and clearly labeled, Bid for HVAC Services Contract, Attn: Engineering Department. Bid documents will be available on Oct 15, 2021, by calling or at All prospective bidders must register their contact information with Robin Page, PDA Maintenance Administrative Assistant at (603) or via at prior to submitting a bid. Failure to register shall constitute grounds to reject the bid. Bids will be accepted at the office of the Engineering Department, 55 International Drive, Portsmouth, NH 03801, until Friday, November 5, 2021 at 2:00 p.m., at which time they will be opened publicly and read aloud. The mailing address is: Pease Development Authority Attn: Engineering Department 55 International Drive Portsmouth, New Hampshire Disadvantaged Business Enterprises will be afforded full opportunity to submit bids in response to this advertisement. No contractor will be discriminated against on grounds of race, sex, religion, color or national origin. This Request for Proposal (RFP) seeks proposals from qualified contractors for HVAC services for the Pease Development Authority buildings and sites on an as-needed basis. Contractor shall employ persons possessing a valid State of New Hampshire License to perform the work in question. Key employees assigned to this work must be eligible for airport security badging. Any addenda to this RFP, including written answers to questions, will be posted on the Pease Development Authority ( PDA ) website at under the appropriate project heading. Addenda and updates will NOT be sent directly to contractors. Check the web site daily for addenda and updates after the release date. Contractors must print out, sign and return addenda with their proposal; failure to do so may result in disqualification. No questions will be accepted after 3:00 p.m. local time on October 29, 2021.

2 PDA reserves the right to reject any or all proposals, to waive technical or legal deficiencies, and to accept any proposal that it may deem to be in the best interest of the PDA. 2

3 PEASE DEVELOPMENT AUTHORITY, Portsmouth, NH HVAC Services SECTION I INSTRUCTIONS FOR SUBMITTING BIDS: 1. Receipt and Opening of Bids The Pease Development Authority (herein called the Owner) invites bids on the form attached hereto, all blanks of which must be filled in. The Owner will receive bids at its offices at 55 International Drive, Pease Tradeport, Portsmouth, New Hampshire until 2:00 p.m. local time, Nov 5, Mailing Address: Pease Development Authority Attn: Engineering Department 55 International Drive Portsmouth, New Hampshire The envelopes (inner and outer) containing the bids must be sealed, addressed (outer only) and designated on both envelopes as: Bids Documents Submitted by (Contractor s Name) for HVAC Maintenance Attn: Engineering Department. The Owner may consider informal bids not prepared and submitted in accordance with the provisions herein and may waive any informalities or reject any and all bids. Any bids may be withdrawn prior to the above scheduled time for opening or authorized postponement thereof. Any bids received after the time and date specified shall not be considered. No Contractor may withdraw a bids within 60 calendar days after the actual date of the opening thereof. 2. Description of Work This project consists of on-call or major repair of HVAC equipment at PDA maintained facilities. The work could include scheduled preventative maintenance for seasonal start-ups and shutdowns and emergency/on call service. If seasonal start-ups are required, they must be completed 30 days prior to the beginning of the winter and summer official calendar dates. The work will also involve adjusting and programming different types of temperature control devices to ensure proper climatic control. All work to be performed by licensed/certified technicians. 3. Preparation of Bids Five (5) copies of each bid must be submitted on the prescribed form and must be accompanied by a statement of qualifications, proof of licensure and any other information that will assist the Owner in evaluating the Contractor s ability to successfully provide the requested services. 4. Qualifications Each contractor shall submit his/her qualifications to the Owner on the form provided hereinafter entitled Statement of Qualifications. The form must be delivered to the Owner with the bids. The Owner reserves the right to reject the bids of any Contractor who has failed to submit his/her qualifications. 3

4 5. Bid Guaranty /Bid Security (omitted) 6. Contract Time The term of the contract shall be for three years. Owner shall have the option, in its sole discretion, to renew the contract for two successive one year periods. 7. Contract Award The award will be based on both qualifications and costs. The Owner will award the Contract, at its sole discretion, to the lowest qualified bidder as is in the best interests of the PDA. The awarded contractor shall return a signed contract within ten (10) business days of the Notice of Award, failing which the PDA reserves the right to award the work to the next most qualified bidder. 8. Eligibility In the sole discretion of PDA, any contractor that has previously submitted a bids or bid to the Pease Development Authority or entered into an agreement with the Pease Development Authority and has not conformed with the terms of the stated requirements may not be eligible to submit a bids. SECTION II GENERAL INFORMATION: A. Services: PDA is requesting proposals from qualified firms to provide HVAC services for Pease facilities for a period of three (3) years, with two (2), one (1) year options. B. Questions: Questions regarding this RFP should be addressed to Robin Page at C. Reservation of Rights: PDA reserves the right to reject any or all proposals, to waive any technical or legal deficiencies, to accept any proposal and to negotiate the terms of any final contract that may be in the best interest of PDA. PDA further reserves the right to make inquiries regarding the qualifications and reputation of the proposer. By submitting a proposal, contractor agrees to hold harmless and defend PDA and its employees and agents from any and all claims, actions, and damages arising from such investigation. Proposer may be requested to execute releases. D. Withdrawal: A proposer is permitted to withdraw an unopened proposal after it has been deposited if such request is received by PDA prior to the specified deadline for submitting proposals. Upon bid opening, all bids become the property of the PDA. 4

5 SECTION III PROJECT WORK SCOPE AND REQUIREMENTS: During the course of a year PDA requires HVAC services for its facilities. PDA does not represent that it will utilize Contractor's services any guaranteed number of times over the course of the year. Contractor shall: Provide services on an as-needed basis to the facilities listed below promptly; Be flexible in terms of scheduling non-emergency work to meet the needs of PDA s schedule; Provide maximum continuity of service personnel as possible; and Supply all necessary tools and equipment to perform the work as requested. Contractor shall provide HVAC services for a period of three (3) years at the prices set forth in the Price Proposal. Contractor shall invoice within thirty (30) days of completion of any work. PDA reserves the right, during the term of an agreement, to put any HVAC project out to bid as it determines to be in its best interests. The Contractor must comply with all local and State laws, rules and regulations for a plumber and possess a valid State of New Hampshire Master Pipe Fitter s License and Gas Fitter s License (copy must be supplied). Contractor shall maintain insurance coverage as required in these bid documents. Contractor shall defend, indemnify and hold harmless PDA, and its agents, officials and employees from and against any and all claims, actions, damages and losses incurred by the PDA arising out of or relating to Contractor s negligence or breach of its obligations or warranties set forth in this Agreement, except to the extent such claims, actions, damages or losses are caused by the gross negligence of the PDA. Failure to meet these specifications and contract terms may result in termination of the award to the Contractor, at PDA s discretion. A. Description of Services The Contractor will be required to perform maintenance on and the repair of the HVAC systems at PDA maintained facilities if called upon to do so by PDA maintenance management. The work, in general, could include, but not be limited to, the following tasks: Air Handlers- Perform annual routine maintenance per manufacturer s recommendations Replace filters spring and fall or more often if necessary Cooling Condensers- Perform annual routine maintenance per manufacturer s recommendations 5

6 Humidifiers- Perform annual routine maintenance per manufacturer s recommendations Roof top HVAC Units- Perform annual routine maintenance per manufacturer s recommendations Replace filters spring and fall or more often if necessary Fan Gas Unit Heaters- Perform annual routine maintenance per manufacturer s recommendations Force Flow Cabinet Heaters- Perform annual routine maintenance per manufacturer s recommendations Replace filters spring and fall or more often if necessary Boilers- Perform annual routine maintenance per manufacturer s recommendations Control Systems- Perform annual routine maintenance per manufacturer s recommendations Systems shall be checked annually to ensure accurate performance Variable Air Volume Boxes- Perform annual routine maintenance per manufacturer s recommendations Gas fired, Infrared Radiant Tube heaters- Perform annual routine maintenance per manufacturer s recommendations B. Facility Descriptions The following is a current list of facilities inside the PDA maintenance program that could be called upon under this contract with a brief description of the building and mechanical system(s). Please note that the list is subject to change and that facilities may be added or deleted and that equipment at the facilities may be added, removed, or replaced during the term of the contract. The contractor shall provide service at the established rates regardless of changes in facilities or equipment. PDA reserves the right to postpone or cancel scheduled maintenance, depending on available funding. 6

7 1. ADDRESS: 42 AIRLINE AVE. PEASE AIRLINE TERMINAL HVAC Systems: Two - Snyder General, natural gas fired, freon based, HVAC rooftop units One - 400,000 BTU s heating, 12 ton cooling One - 194,000 BTU s heating, 8 ton cooling Two - Trane, natural gas fired, freon based, HVAC rooftop units One - 250,000 BTU s heating, 20 ton cooling One - 850,000 BTU s heating, 44 ton cooling One - Burnham, natural gas fired hydronic boiler 85,000 BTU s heating One - ComfortAire, freon based 3 ton, water cooled compressor One ComfortAire closet AHU Three - Larson Cook, electric exhaust fans Nine - Trane, electric wall heater cabinets Four - Trane Reznor, natural gas fired unit heaters Twenty Five - Variable Air Volume (VAV) zone control boxes One - Trane Reznor, natural gas fired AHU 200,000 BTU s heating, 16 ton cooling Two TPI 3480/RCH Series Ceiling Heaters One McQuay, natural gas fired, RPS036CLA Model, Heating & Cooling Five TPI 3KW 48KW Electric Unit Heaters Two (2) Trane, natural gas/electric, Refrigerant R410, HVAC Roof Top Units (RTU) One Trane Model: YCD360, 600,000 BTU s heating, 30-ton cooling. One Trane Model: YSD180G, 350,000 BTU s heating, 15-ton cooling. One (1) - LAARS, natural gas fired hydronic boiler Model: NTH 850,000 BTU s heating. Three (3) Trane - Mitsubishi Ductless Split System (P-series) Indoor Unit, Model PKA-A36kA7. Outdoor Unit, Model PUZ-A36KA7. Cooling: 36,000 BTU s. Heating: 40,000 BTU s. One (1) Skidmore Model S PEFS, Simplex Glycol Feed Unit 55 gallon UL/CUL 508A Control Panel Pressure Pump 1/3 HP Skidmore five (5) gallon Side Stream Tank Two (2) Mars Hydronic Air Curtains One (1) in length, Model STD WH-OB One (1) - 96 in length, Model STD WH-OB Eight (8) Valcan Radiator Hot Water Unit Heater Vertical Model: VV-62, 31,300 BTU s One (1) Valcan Radiator Hot Water Unit Heater Horizontal Model: HV-48, 34,800 BTU s 7

8 One (1) Valcan Radiator Cabinet Unit Heater Model: FS , High Capacity 2 row Two (2) Trane, natural gas/electric, Refrigerant R410, HVAC Roof Top Units (RTU) One Trane Model: YCD360, 600,000 BTU s heating, 30-ton cooling. One Trane Model: YSD180G, 350,000 BTU s heating, 15-ton cooling. One (1) - LAARS, natural gas fired hydronic boiler Model: NTH 850,000 BTU s heating. Three (3) Trane - Mitsubishi Ductless Split System (P-series) Indoor Unit, Model PKA-A36kA7. Outdoor Unit, Model PUZ-A36KA7. Cooling: 36,000 BTU s. Heating: 40,000 BTU s. One (1) Skidmore Model S PEFS, Simplex Glycol Feed Unit 55 gallon UL/CUL 508A Control Panel Pressure Pump 1/3 HP Skidmore five (5) gallon Side Stream Tank Two (2) Mars Hydronic Air Curtains One (1) in length, Model STD WH-OB One (1) - 96 in length, Model STD WH-OB Eight (8) Valcan Radiator Hot Water Unit Heater Vertical Model: VV-62, 31,300 BTU s One (1) Valcan Radiator Hot Water Unit Heater Horizontal Model: HV-48, 34,800 BTU s One (1) Valcan Radiator Cabinet Unit Heater Model: FS , High Capacity 2 row Seven (7) Trane Variable Air Volume (VAV) Single Duct Terminal Units Three (3) - 14 inlet size, 3,000 cfm One (1) - 10 inlet size, 1,400 cfm Three (3) - 16 inlet size, 4,000 cfm Three (3) Greenheck Exhaust Fans One (1) - Model: SQ-90-D One (1) Model: AER-E24C-423-A20 One (1) Model: SQ-80-VG CBIS BUILDING Three (3) Bard, Wall Mount Air Conditioner with Heat Model: w36ab-a)zxpxxxx Wall mount Capacity: 3 ton Right Side AC 230V 3 Phase 60Hz Electric Heat with circuit breaker Fresh air Damper Filter: 2 MERV8 Disposable 8

9 2. ADDRESS: 16 PEASE BOULEVARD HVAC Systems: Carrier - natural gas fired, 71,000 BTU s, combination heat and A/C 3. ADDRESS: 36 AIRLINE AVENUE AIRPORT MANAGEMENT HVAC Systems: Freon based self-contained 4 ton A/C unit Hydronic, natural gas fired Weil McLain Boiler 4. ADDRESS: 14 AIRLINE AVE. - ATCT 4 Trane M-Series Climate Changer Air Handlers 1 Trane RTU/AC 2 Burnham EVH-250 natural gas boilers 1-15 ton Carrier Chiller 4 Trane Fan-Coil Force Flo Cabinet Heaters 1- Trane 4-ton RTU Electric/Electric 2 Trane Hydronic Unit Heaters Controls Trane Tracer Controller MP ADDRESS: 7 LEE STREET PDA MAINTENANCE HVAC Systems: CO-RAY-VAC, natural gas fired, infared radiant tube heaters 16-95,000 BTU burners w/1000 ft. of tube 3 - Electric fan assisted room heaters Two Typhoon heat pumps 50,000 BTU s heating, 1 ½ ton cooling 6. ADDRESS: 55 INTERNATIONAL DRIVE PDA ADMIN. OFFICE HVAC Systems: 1- Trane, natural gas fired, horizontal heating and cooling coil module units, including a heat recovery wheel 22 Variable Air Volume (VAV) zone control boxes 1 Mr Slim 6 Forced hot water wall heaters 2 Slant/Fin, natural gas boiler units 9

10 7. ADDRESS: 200 GRAFTON DRIVE PEASE GOLF COURSE HVAC Systems: Clubhouse: GeoComfort Geothermal System (2) 5 ton-heat Pump s, 15gpm s (1) 4 ton-heat Pump, 12 gpm s (1) 10 ton-heat Pump, 30 gpm s RUSKIN Blower Unit Captive-Aire Direct Ind. Air Heater (Gas) (2) Reznor Unit Heaters (Gas) (2) Taskmaster Air Heaters (Electric) FloAire Hydrogen Ventilator Unit Golf Course Maintenance Propane ceiling hung unit 8. ADDRESS: SKYHAVEN AIRPORT, ROCHESTER, NH HVAC Systems: Weil McLein Boilers (Gas) Burnham Boiler (Gas) High Bay Infrared Strips (Gas) (3) Modine forced hot water heaters 9. ADDRESS: 555 MARKET ST., PORTSMOUTH, NH HVAC Systems: (3) 16x25x1 Filters (1) state electric water heater Model EN6-40-DORS 10 (3) horizontal high efficiency gas furnaces with A-coils for cooling Rheem R96VA MSB (2) Unmarked units (3) Lenox condenser units, M/N HS Y (R22), (1) Mitsubishi split ceiling mount Model PUYA24NHA7 Additional services may be needed that are not listed above. Contractor must have knowledge and experience of all major HVAC units system wide. 10

11 SECTION IV SUBMITTAL REQUIREMENTS: Proposals must be submitted in sealed envelopes (inner and outer), and shall be addressed to the PDA at the address and to the attention of the official outlined in the invitation. All proposals must be submitted prior to the specified date and time. Any proposals received after the specified date and time will not be considered and shall not be opened. Proposals delivered via facsimile, e- mail, or any format other than within a sealed envelope shall not be considered. Proposals shall include: 1) Cover letter introducing the firm and providing a summary of company resources, experience and expertise; 2) Completed Price Proposal Form (Exhibit A to this RFP); 3) Confirmation that Contractor can meet the insurance requirements described in the draft contract attached; 4) At least three (3) references where the Contractor has provided similar services to the services described herein, including contact name, address, phone and for each reference; and, 5) Copies of licenses held by the employees most likely to perform the Work. SECTION V - SPECIAL CONDITIONS: The following special conditions shall apply to work in the Air Terminal and Airport Management Office at Portsmouth International Airport at Pease. 1. Maintenance of Security The Contractor shall be responsible to meet all applicable TSA and PDA regulations concerning the maintenance of security. This shall include, but not be limited to, the control of access to the Air Operations Area (AOA) and Secured Area through the project work areas. No openings in the fence line or terminal building providing access to the AOA, Sterile Area or Secured Area shall be left unattended. The Contractor is responsible for any temporary fencing or security arrangements required to meet these requirements. 2. Employee Identification Badges As part of the airport s security requirements, key employees of the Contractor (i.e. supervisors, foremen, etc.) shall be required to obtain airport security badges. The necessary applications may be obtained from the Pease Development Authority, Airport Management Department (Airport). The applications require the applicant to submit to a fingerprint-based Criminal History Records Check (CHRC). The results of the CHRC must indicate that the individual has not been convicted or found not guilty by reason of insanity of the crimes listed on the application. In addition, the individual employees shall be required to participate in the airport s security course. Also, in addition to the above, all employees expected to operate any motor vehicle (car, truck, backhoe, dozer, etc.) on the airfield shall be required to take the airport s driver safety course and practical test. All costs incurred due to these requirements shall be the responsibility of the Contractor. 11

12 At all times, an individual who has obtained the above security badge and/or driving privileges shall accompany any employees, or employees of any subcontractors who have not been given security clearances. The individuals who have met the above requirements shall be issued an identification badge which the employee will be required to wear at all times while on the airport site. The Contractor is responsible at the completion of the project to turn in to the Airport all badges that were issued to his/her employees or subcontractors. The Contractor will pay a fine for all lost badges not returned at the end of the project. SECTION VI - BASIS OF PAYMENT 1. Service During Normal Business Hours Seasonal Maintenance If seasonal maintenance is requested, the Contractor shall complete the work and payment shall be based on the actual hours worked multiplied by the hourly labor rates for Normal Business Hours submitted by the Contractor on the Bid Form. No compensation will be made for travel time or mileage. Emergency Service For Emergency Service provided during normal business hours, The Contractor shall complete the work and payment shall be based on the actual hours worked multiplied by the hourly labor rates for Normal Business Hours submitted by the Contractor on the Bid Form. No compensation will be made for travel time or mileage. The Contractor shall be available to respond to emergencies on a 24-hour, 7 days a week basis. The Contractor shall be on site within two (2) hours of receiving a phone call or page. Scheduled Projects Each project assignment shall be preceded by a request from the PDA to the Contractor for an estimate of project costs and time for completion. Estimates shall be based on the hourly labor rates for Normal Business Hours submitted by the Contractor on the Bid Form. Prior to initiating the work, the Contractor shall be required to obtain a Notice to Proceed from the PDA. Itemized hourly, material lists, and/or subcontractor s invoices shall be submitted with each request for payment. 2. After Hours Service Payment shall be based on the actual hours worked multiplied by the hourly labor rate for After Hours submitted by the Contractor on the Bid Form. No compensation will be made for travel time or mileage. The Contractor shall be available to respond to emergencies on a 24-hour, 7 days a week basis. The Contractor shall be on site within two (2) hours of receiving a phone call or page. 12

13 3. Materials and Subcontracting The Contractor will be responsible for providing all equipment and tools necessary in the performance of the work. The price of equipment and tools will be included in the hourly labor rate. Some of this work may require high reach or other lift equipment. In most instances, PDA will make a lift available for the Contractor s use. In the event that the Contractor is required to provide this equipment, the PDA will reimburse the Contractor. However, the Contractor must obtain prior approval of the rental rate. From time to time, PDA will require that the Contractor provide service for building temperature controls. PDA acknowledges that some of this work may require specialized knowledge provided only by a limited number of Contractors. In these instances, the Contractor may subcontract this work. This work shall be completed and payment shall be based on the actual subcontractors invoice plus allowed markup rate as submitted by the Contractor on the Bid Form. Payments for materials furnished and subcontracted work shall be limited to cost plus the markup submitted by the Contractor on the Bid Form. Itemized material lists and/or subcontractor s invoices shall be submitted with each request for payment. 4. General The hourly rates and markup rate submitted on the Bid Form constitute the entire basis for payment for services. There will be no allowances made for travel time, mileage, equipment (except as noted in paragraph 3 of Section C Basis of Payment) or any other incidental expenses. These costs shall be included in the rates submitted. 5. Licensing and Certification All work shall be performed by licensed/certified technicians, authorized to perform HVAC work in the State of New Hampshire. SECTION VII SELECTION CRITERIA REQUIREMENTS AND CONDITIONS: Following these instructions is a complete set of proposal forms. These forms may be detached and executed for the submittal of a proposal. The specifications, and other provisions will be considered as part of the contract, whether attached or not to the submitted proposal. The contractors must submit a statement of qualifications, if requested, subsequent to opening but prior to award. Addenda to this proposal, if any, including written answers to questions, will be posted on the PDA website at under the project heading. Addenda and updates will NOT be sent directly to firms. Contractors submitting a proposal should check the web site daily for addenda and updates after the release date. Firms must print out, sign and return addenda with the proposal. Failure to do so may result in disqualification. 13

14 1. Familiarity with Laws The contractor is assumed to have made himself or herself familiar with all federal and state laws and all local by-laws, ordinances and regulations which in any manner affect those engaged or employed on the work or affect the materials or equipment used in the work or affect the conduct of the work, and the contractor, if awarded the contract, shall be obligated to perform the work in conformity with said laws, by-laws, ordinances and regulations notwithstanding its ignorance thereof. If the contractor shall discover any provision in the specifications which is in conflict with any such law, by-law, ordinance or regulation the contractor shall forthwith report it to PDA. 2. Preparation of Proposal The contractor shall submit its price proposal upon the form furnished by PDA. The contractor s proposal must be signed with ink by an individual authorized to bind the firm to contractual obligations. 3. Nonconforming Proposals Proposals will be considered nonconforming and may be rejected in PDA S sole discretion for any of the following reasons: If the proposal is on a form other than that furnished by PDA, or if the form is altered or any portion thereof is detached; If there are unauthorized additions, conditional or altered proposals, or irregularities of any kind which may tend to make the proposal or any portion thereof incomplete, indefinite or ambiguous as to its meaning; If the contractor adds any provisions reserving the right to accept or reject an award, or to enter into a contract pursuant to an award; If the proposal does not contain a unit price for each pay item listed except in the case of authorized alter pay items; or The proposal does not adhere to the requirements of the Request for Proposals and Instructions. 4. Delivery of Proposals When sent by mail, the sealed proposal shall be addressed to PDA at the address and in the care of the official in whose office the proposals are to be received. All proposals shall be filed prior to the time and at the place specified in the invitation for proposals. Proposals received after the time for opening of the proposals will be returned to the contractor, unopened. 5. Withdrawal of Proposals A contractor will be permitted to withdraw his or her proposal unopened after it has been submitted if PDA receives a request for withdrawal in writing prior to the time specified for opening the proposals. 14

15 6. Disqualification of Proposals Any or all of the following reasons may be deemed by PDA in its sole discretion as being sufficient for the disqualification of a contractor and the rejection of the proposal: More than one proposal for the same work from an individual, firm, or corporation under the same or different name; Evidence of collusion among contractors; Failure to submit all required information requested in the proposal specifications; Lack of competency or of adequate machinery, plant or other equipment, as revealed by the statement of contractor qualification or otherwise; Uncompleted work which, in the judgment of PDA, might hinder or prevent the prompt completion of additional work if awarded; Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts; Default or unsatisfactory performance on previous contracts; Contractor lacks any special qualification set forth below; Such disqualification would be in the best interests of the PDA. 15

16 Item No. PEASE DEVELOPMENT AUTHORITY, Portsmouth, NH HVAC Services Exhibit A Bid Proposal Form HVAC MAINTENANCE Description Unit Rate Estimated Quantity Total 1 Normal Business Hours Rate for HVAC Technician (7 a.m. to 5 p.m.) $ per hour 375 Hours $ 2 After Hours Rate for HVAC Technician $ per hour 25 Hours $ 3 Markup rates for materials and subcontract work a. Parts less than $50 1. $5000 $ b. Parts from $50 to $ $1000 $ c. Parts from $250 to $ $1000 $ d. Parts greater than $ $5000 $ e. Subcontracted work 1. $4400 $ $ BID TOTAL $ Rates quoted are all-inclusive and contain all incidental costs including but not limited to: mileage, travel, equipment, contract administration, insurance, profit and overhead. 16

17 BID FORM PDA reserves the right to reject any or all bids and to waive any informalities. This bid shall not be withdrawn within 60 days after the actual date of opening. The quantities listed are estimates only. Payment will be based on actual quantities. The Pease Development may add or delete work items depending upon need and available resources. Upon receipt of notice of acceptance of this bid, the undersigned will deliver the required insurance certificates and execute a Contract Proponent acknowledges receipt of the following addenda: Addendum No. Signature Date Addendum No. Signature Date Addendum No. Signature Date (add additional page(s) if necessary) Respectfully submitted by: Company Signature Print or Type Name and Title Telephone Address 17

18 PEASE DEVELOPMENT AUTHORITY, Portsmouth, NH HVAC Services The Contractor must supply three references, with this completed price proposal form. By signing below I agree that: I have reviewed the Bid Specifications, any addendum, and Contract Terms and understand that these form the agreement between PDA and the firm. I represent that I am an authorized representative of the firm and have the authority to enter into agreements. Date: Submitted By: Print Name & Title Signature: Company: Address: City/State/ Zip: Telephone: 18

19 PEASE DEVELOPMENT AUTHORITY, Portsmouth, NH HVAC Services EXHIBIT B REFERENCES The Contractor must supply three references, with this completed bid proposal form. Please include name, address, phone number and address

20 PEASE DEVELOPMENT AUTHORITY, Portsmouth, NH HVAC Services EXHIBIT C - SPECIFICATIONS AND CONTRACT TERMS RECITALS THIS AGREEMENT made effective this day of 2021 by PEASE DEVELOPMENT AUTHORITY, an agency of the State of New Hampshire established pursuant to N.H. RSA 12-G:1 et. seq., hereinafter referred to as the "PDA or OWNER", and, a with principal place of business at, hereinafter referred to as the "Contractor", witness that: WHEREAS, PDA requires heating, ventilation and air conditioning (HVAC) services in connection with the ongoing development of Pease International Tradeport and property under the control and management of PDA; and WHEREAS, PDA solicited bids from qualified HVAC contractors interested in providing HVAC maintenance services to PDA; and WHEREAS, Contractor was determined to be the most qualified firm to submit a bid for HVAC services; and WHEREAS, Contractor has agreed to provide HVAC services, from time to time, at PDA s request during a three year period and during two option periods of one additional year each, if said options are exercised in the sole discretion of PDA; and WHEREAS, PDA and Contractor have negotiated and have reached an agreement with respect to the HVAC services to be provided from time to time for the duration of this Agreement. 20

21 NOW THEREFORE, in consideration of the undertakings of the parties hereinafter set forth, PDA hereby engages Contractor, who agrees to render services to PDA which shall include, but not be restricted to, the following items, in accordance with conditions and terms hereinafter set forth: ARTICLE I - DESCRIPTION OF HVAC MAINTENANCE SERVICES TO BE RENDERED A. Location and Description of Project The area for the performance of services will be for PDA maintained facilities in Portsmouth and Rochester, New Hampshire. B. Scope of Work& Additional Work The Scope of Work and/or Description of Services to be performed under this Agreement, the Fee and the definition of specific tasks and limitations shall be as set forth in Exhibit A, attached hereto and incorporated herein by reference and made part of this Agreement. Except for regularly scheduled maintenance and emergency assignments as outlined in Section C below, for any additional work requested to be performed for Owner and in the sole discretion of Owner, Contractor shall provide a separate Scope of Work and Fee estimate to be appended to this Agreement as an Attachment to Exhibit B (Additional Work). The Attachments to Exhibit B shall be identified by a separate number (i.e. Attachment 1, 2, etc.), attached to Exhibit B and incorporated herein by reference and made part of this Agreement. If Owner requests that Contractor perform Additional Work, each Scope of Work shall be executed by PDA and Contractor prior to its being made a part of this Agreement subject to any required approval by PDA Board of Directors. Each specific project shall be assigned a project number which shall be set forth on the numbered Attachment to Exhibit B. Owner retains the right in its sole discretion to secure bids from other service providers for Additional Work as may be required. 21

22 C. Scope of Work for Scheduled Service and Emergency Assignments 1. Regular Maintenance: PDA shall direct the Contractor to perform regular seasonal maintenance on equipment as needed. The Contractor shall complete the work and payment shall be based on the actual hours worked and the hourly labor rates for Normal Business Hours submitted by the Contractor on Contractor s Bid Form (Exhibit A). Markup rates for materials and subcontract work shall be billed in accordance with Contractor s Bid Form. Itemized material lists shall be submitted with each request for payment. 2. Emergency Assignments: Contractor shall be available to provide services at the call of PDA on a 24-hour, 7 days a week basis. The submission and prior approval of an estimate of project costs and time for completion shall not be required for emergency assignments. Contractor will respond within two (2) hours of a call to provide services for emergency assignments. Payment shall be based on the hourly labor rates for Normal Business hours for work between 7:00 am - 5:00 pm and the After Hours Rate for work outside that time frame, all as submitted by Contractor on Contractor s Bid Form. Markup rates for materials and subcontract work shall be billed in accordance with Contractor s Bid Form. Itemized material lists shall be submitted with each request for payment. D. Term and Option Period The term of this Agreement shall be for three (3) years commencing on, The term of this Agreement may be extended in the sole discretion of PDA for two (2) one (1) year option periods on the terms and conditions as set forth in this Agreement. In no event shall this Agreement extend beyond,

23 E. Work Schedule and Progress Reports Contractor shall begin performance of the services designated in this Agreement promptly upon receipt of notice from PDA and the materials to be furnished as herein described. Contractor shall complete these services without delay unless unable to do so for causes not under its control. Contractor's sequence of operation and performance of the work under the terms of this Agreement may be varied at the direction of PDA to give priority in critical areas so that schedules and other commitments, either present or future, can be met. END OF ARTICLE I 23

24 ARTICLE II - COMPENSATION OF CONTRACTOR A. General Fee In consideration of the terms and obligations of this Agreement, PDA hereby agrees to pay and Contractor agrees to accept as compensation for all services rendered to the satisfaction of PDA under this Agreement (except as otherwise herein provided): a Fee of; (1) hourly billing rates for service technicians of Contractor in accordance with Contractor s Bid Form; and (2) markup rates for materials and subcontract work in accordance with Contractor s Bid Form appended hereto in Exhibit A. Contractor shall maintain adequate cost records for each specific project under this Agreement. All records and other evidence pertaining to costs incurred shall be made available at all reasonable times during the contract period and for three (3) years from the date of final voucher payment and closure of all pending matters for examination by PDA, the State of New Hampshire, or any duly authorized representatives of the federal government, and copies thereof shall be furnished if requested. B. Schedule of Payments Payments on account for services rendered under this Agreement shall be made monthly upon written request of Contractor, based on satisfactory evidence of actual completion of work performed at the time of the payment. END OF ARTICLE II 24

25 ARTICLE III - GENERAL/SPECIAL PROVISIONS A. Extent of Agreement 1. Contingent Nature of Agreement Notwithstanding anything in this Agreement to the contrary, all obligations of PDA, including, without limitation, the continuance of payments, are contingent upon the availability and continued appropriation of funds, and in no event shall PDA be liable for any payments in excess of such available appropriated funds. In the event of a reduction or termination of those funds, PDA shall have the right to terminate this Agreement. 2. Termination PDA shall have the right at any time with or without cause, to terminate the work required of Contractor by this Agreement effective immediately upon written notice of such termination provided to Contractor by PDA. In the event of such a termination of this Agreement, without fault on the part of Contractor, Contractor shall be entitled to compensation for all work theretofore satisfactorily performed, pursuant to this Agreement, such compensation to be fixed, insofar as possible, based upon the work performed prior to termination. It shall be a breach of this Agreement if Contractor shall fail to render timely the services required under this Agreement, in accordance with sound professional principles and practices, to the reasonable satisfaction of PDA, or shall be in such financial condition as to be unable to pay its just debts as they accrue, or shall make an assignment for the benefit of creditors, or shall be involved in any proceeding, voluntary or involuntary, resulting in the appointment of a receiver or trustee over its affairs, or shall become dissolved for any cause. In the event of the happening of any one or more of the foregoing contingencies, or upon the breach of any other provisions of this Agreement by Contractor, its officers, agents, employees, and subcontractors, PDA shall have the absolute right and option to terminate this Agreement forthwith, and, in addition, may have and maintain any legal or equitable remedy against Contractor for its loss and damages resulting from such breach or breaches of this Agreement; provided, however, that as to all valuable and beneficial work, together with all material and equipment theretofore furnished to PDA by Contractor, of a satisfactory nature in accordance with this Agreement, which beneficial work, materials and equipment are of use to PDA, Contractor shall be entitled to a credit, based on the contract rate for the work performed in a satisfactory manner and of use and benefit to PDA. 25

26 3. Waiver of Breach B. Ownership of Plans No failure by PDA to enforce any provisions hereof after any breach shall be deemed a waiver of its rights with regard to that breach, or any subsequent breach. No express waiver of any breach shall be deemed a waiver of any provision hereof. No such failure or waiver shall be deemed a waiver of the right of PDA to enforce each and all of the provisions hereof upon any further or other breach on the part of Contractor. All data, plans, drawings, tracings, estimates, specifications, proposals, sketches, diagrams, calculations, reports or other documents collected, prepared, or undertaken either manually or electronically by Contractor, under the provisions of this Agreement, immediately shall become the property of PDA, and, when completed, shall bear Contractor's endorsement. Contractor shall surrender to PDA, upon demand at any time, or submit to its inspection, any data, plan, drawing, tracing, estimate, specification, proposal, sketch, diagram, calculation, report or document which shall have been collected, prepared, or undertaken by Contractor, pursuant to this Agreement, or shall have been hitherto furnished to Contractor by PDA. Contractor shall have the right, with the written approval of PDA, to use any of the data prepared by it and hitherto delivered to PDA at any later stage of the project contemplated by this Agreement. C. Subcontractors Contractor shall not subcontract, assign or transfer any part of Contractor s services or obligations under this Agreement without the prior approval and written consent of PDA. All subcontracts for contract services shall be in writing and shall contain all applicable provisions of this Agreement, including without limitation any insurance required under this Article III, Section F(4) below. PDA acknowledges and consents to Contractor s entering into agreements to provide services with subcontractors, as required, for specific projects during the contract period. 26

27 Contractor shall remain responsible for assuring compliance with all provisions of this Agreement. A copy of each subcontract shall be submitted for PDA s files. D. General Compliance with Laws Contractor shall comply with all Federal, State and local laws and ordinances applicable to any of the work involved in this Agreement and shall conform to the requirements and standards, if any, of State, municipal, railroad and utility agencies. E. Brokerage Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, PDA shall have the right to annul this Agreement without liability, or, at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. F. Contractual Relations 1. Independent Contractor / W-9 Contractor agrees that its relation to PDA is as an independent contractor and not as an agent or employee of PDA. Contractor shall provide PDA with a completed W-9 form (Exhibit C). 2. Personnel a. The performance of services shall be carried out by employees of Contractor or approved subcontractors. Contractor warrants that all personnel engaged in performing services shall be qualified to perform such services, and shall be properly licensed and authorized to perform such services under all applicable laws. 27

28 b. No officers, members or employees of Contractor, and no representatives, officers or employees of PDA or State of New Hampshire or of the governing body of the locality or localities in which the services are to be performed, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of such services, shall participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which he or she is directly or indirectly interested, nor shall he or she have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. No member of or delegate to the Congress of, officer of, or employee of the United States or America or the New Hampshire General Court shall be admitted to any share or part hereof or to any benefit arising herefrom. 3. Claims and Indemnification Contractor agrees to be solely responsible for all bills or claims for payment for services rendered by any subcontractors, associates or others. Contractor shall also be solely responsible for all services and materials employed in its work. In performing the work covered by this Agreement, Contractor agrees to defend, indemnify and hold harmless PDA and the State of New Hampshire, as well as their officers, agents and employees against all suits, claims or liabilities arising out of or claimed to arise out of the negligent acts or failures to act of Contractor and its associates, employees or subcontractors in the performance of the work covered by this Agreement. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved to the State and to PDA. All necessary and reasonable costs related to extra work and/or claims arising out of negligent errors or omissions, or the failure to conform to the required standard of professional care by Contractor or subcontractors will be borne by Contractor. This covenant shall survive the termination of this Agreement. 4. Insurance a. Required Coverage Contractor shall, at its sole expense, obtain and maintain in force the following insurance: 28

29 1. Commercial general liability insurance including projects completed, contractual, property and bodily injury coverage, of not less than $4,000,000 per occurrence and aggregate amount; and 2. Workers' compensation and employers' liability insurance as required by law; and 3. Automobile liability insurance including non-owned and hired automobiles in the amount of $1,000,000; and Such other insurance as PDA deems necessary and appropriate in relation to the potential liability and risks which arise in connection with work performed pursuant to this Agreement. b. Proof of Insurance The policies described in Paragraph a of this Section 4 shall be the standard form employed in the State of New Hampshire, issued by underwriters licensed or approved by the Department of Insurance of the State of New Hampshire. Each policy shall contain a clause prohibiting cancellation or modifications of the policy earlier than thirty (30) days after written notice thereof has been received by PDA. Contractor shall provide to PDA a certificate of insurance evidencing the required coverage prior to execution by PDA of a Notice to Proceed and shall have a continuing duty to provide new certificates of insurance as the policies are amended or renewed. The commercial general liability and automobile liability insurance policies shall name PDA and the State of New Hampshire as additional insureds. All insurance policies shall provide for a waiver of subrogation against PDA and the State of New Hampshire and provide that such coverages shall be primary and non-contributing with respect to any liability coverages carried by PDA and the State of New Hampshire and be subject further to any additional requirements set for in the General and Special 29

30 Conditions set for in Exhibit B of the Agreement. 5. No Third Party Rights It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of the Agreement to make the public or any member thereof a third-party beneficiary of the Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The duties, obligations and responsibilities of the parties to this Agreement with respect to third parties shall remain as imposed by law. No portion of this Agreement shall be understood to be a waiver of PDA s or the State of New Hampshire s sovereign immunity. G. Agreement Modification This Agreement represents the entire agreement between PDA and Contractor and supersedes all previous negotiations, proposals and representations. This Agreement may be amended, waived or discharged only by an instrument in writing signed by both PDA and Contractor. H. Extension of Completion Date(s) If, during the course of the work, Contractor anticipates that it cannot comply with one or more of the completion dates specified in this Agreement, it shall be Contractor s responsibility to notify PDA in writing at least thirty (30) days prior to the completion date(s) in question. Contractor shall state the reasons that a completion date(s) cannot be met and request a revised date(s) for consideration by PDA. PDA reserves the absolute right to deny such requests for extension for any reason whatsoever. 30

31 I. Equal Employment Opportunity; Civil Rights Compliance a. During the term of this Agreement, Contractor shall not discriminate against employees or applicants for employment because of race, color, religion, creed, age, sex, including gender identity, sexual orientation and pregnancy, disability or national origin. In furtherance of that nondiscrimination, Contractor shall: 1. Take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, creed, age, sex, including gender identity, sexual orientation and pregnancy, disability or national origin. Such action shall be taken in conjunction with any of Contractor s acts in the capacity of an employer including, but not limited to, employment of individuals, upgrading, demotions, transfers, recruitment, recruitment advertising, layoffs, terminations, changes in rates of pay or other forms of compensation, selection for training, including apprenticeship, and participating in recreational and educational activities. 2. Post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 3. State, in all solicitations or advertisements for employees, that all qualified applicants will receive consideration for employment without regard to race, color, religion, creed, age, sex including gender identity, sexual orientation and pregnancy, disability or national origin. b. During the term of this Agreement, Contractor shall not discriminate among participants under this Agreement on the basis of race, color, religion, sex, including gender identity, sexual orientation or pregnancy, disability or national origin. For the purpose of this Agreement, distinctions on the grounds of race, color, religion, sex, including gender identity, sexual orientation and pregnancy, disability or national origin include, but are not limited to the following: denying a participant any service or benefit or availability of a facility; providing any 31

32 service or benefit to a participant which is different, or is provided in a different manner or at a different time from that provided to other participants under this Agreement; subjecting a participant to segregation or separate treatment in any matter related to participant s receipt of any service; restricting a participant in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit; treating a participant differently from others in determining whether participant satisfies any admission, enrollment quota, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any service or benefit; the assignment of times or places for the provision of services on the basis of race, color, religion, sex, including gender identity, sexual orientation and pregnancy, disability or national origin of the participants to be served. c. Contractor shall cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that the provisions will be binding on each subcontractor. Contractor shall take such action with respect to any subcontract as the State, or, where applicable the United States, may direct as a means of enforcing such provisions, including sanctions for noncompliance. J. Documentation Contractor shall document the results of the work to the satisfaction of PDA. This shall include preparation of progress reports, plans, specifications and estimates and similar evidences of attainment of objectives called for in this Agreement. 32

33 K. Notice Any notice by a party hereto to the other party shall be deemed to have been duly delivered or given at the time of mailing by certified mail, postage prepaid, in an United States Post Office addressed to the parties at the addresses listed below. As to PDA: Pease Development Authority 55 International Drive Portsmouth, NH Attention: Executive Director As to Contractor: Attention: L. Integration and Construction of Agreement This Agreement is executed in a number of counterparts, each of which is an original and constitutes the entire Agreement between the parties. This Agreement shall be construed in accordance with the laws of the State of New Hampshire, and is binding upon and inures to the benefit of the parties and their respective successors and assigns. M. Contractor s Bid, General Conditions, Special Conditions, & Scope of Work The Contractor s Bid, General Conditions, Special Conditions, the General Scope of Work and related attachments thereto which accompanied PDA s Bid package are incorporated herein as Exhibit A and are made a part of this Agreement. END OF ARTICLE III 33

34 IN WITNESS WHEREOF, the parties have executed this agreement. Dated: By: Title: PEASE DEVELOPMENT AUTHORITY Dated: By: Title: Executive Director 34

35 PEASE DEVELOPMENT AUTHORITY, Portsmouth, NH HVAC Services GENERAL EXHIBIT D - INSURANCE REQUIREMENTS The Contractor shall purchase and maintain, until acceptance of the work, insurance of the limits and types specified below from an insurance company approved by the PDA, in addition to the following: INSURANCE COVERAGE REQUIREMENTS AMOUNT OF INSURANCE 1. Comprehensive General Liability: Bodily Injury or Property Damage - $4,000,000/4,000,000 Single Limit/Aggregate 2. Automobile and Truck Liability: Bodily Injury or Property Damage - $1,000,000 Combined Single Limit, per occurrence PDA shall be named as an additional insured on these liability policies. Coverage amounts can be met through umbrella/excess policies. TYPES OF INSURANCE 1. Contractor shall carry Comprehensive General Liability Insurance with combined single limits not less than $4,000,000 per occurrence for Bodily Injury and Property Damage and $4,000,000 for general aggregate. 2. Contractor shall carry Automobile Liability Insurance, including owned and hired motor vehicles, on an occurrence form with a combined single limit of not less than $1,000,000 for Bodily Injury and Property Damage. 3. Contractor shall carry Worker s Compensation Insurance for all persons employed under this contract in accordance with the statutory requirements. Applicable to all insurances requirements: PDA be identified as an additional insured and certificate holder on all policies as follows: Pease Development Authority, Attn: Engineering Department, 55 International Drive, Portsmouth, NH Contractor s insurance shall be primary and noncontributory with respect to any insurance carried by the PDA, and contractor s insurance shall waive subrogation against the PDA. Consultant shall provide proof of insurance coverage satisfactory to the PDA. 35

36 INSURANCE REQUIREMENTS: 36

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