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This is a service / maintenance or supply contract in Swanzey, New Hampshire. Contact the soliciting agency for additional information.

The Town of Swanzey invites interested vendors to submit a bid on a fixed price agreement for municipal propane requirements for the ensuing year, beginning September 1, 2023 and ending August 31, 2024. Estimated (non-guaranteed) totals for the 2023/2024 period are found in Attachment A. The Town will pay for all propane received within 30 days upon invoice after delivery. This contract will NOT include any pre-payment obligations on the part of the Town nor will the Town be required to pre-pay for their estimated propane commitment. Respondents are to use the enclosed response form (Attachment B) to submit their proposal. Failure to use the enclosed form shall be deemed as non-responsive and shall invalidate any submittal. All blank spaces for bid prices must be filled-in using both words and figures. Additional materials which clarify and/or supplement the response form may be attached to this form. No bids will be accepted by fax or email. The Town reserves the right to request background information on the bidder such as place of incorporation, principal and local offices and years in operation. In addition, the Town reserves the right to request references from any and/or all bidders for evaluation. By submitting a bid, Bidder warrants and promises that it will comply with all state and federal requirements for the transportation, storage and handling of the fuel to be provided under this bid. The awarded Contractor shall indemnify the Town and its representatives against any claim, loss, damage, or liability arising from any such law or regulation related to any activity of Contractor or its agents or employees. The awarded Contractor shall be responsible for all damage to property, or injury to persons, arising out of any act or failure to act on the part of its agents or employees. They shall indemnify and hold harmless the Town from any and all demands, suits, or judgments arising in conjunction with or as a result of the Contractor's performance of this contract. The successful contractor will be required to provide a Certificate of Insurance evidencing that the Contractor has purchased insurance policies conforming to the minimum requirements indicated in Attachment C. All billing and arrangements for deliveries will be done through each Department as listed. The successful bidder will be required to ensure that all tanks at the different locations with a prearranged delivery schedule are always filled with adequate quantities to keep the system and equipment operational at all times. The supplier will be held responsible for any costs incurred for repairs and/or services required due to these fuel tanks being allowed to reach empty status. Routine scheduled delivery will be the responsibility of the fuel supplier. The successful bidder shall locate and set propane tanks at all locations in the Town of Swanzey at no cost to the Town at the inception of the contract term. The new vendor shall disconnect the tanks of the former vendor. Within ten (10) days of the awarding of the contract, the selected vendor shall examine all locations and report to the Town of Swanzey the amount of propane in each tank. The selected vendor shall cooperate with the previous vendor for the transition of the propane tanks in accordance with industry standards. As an alternative, the selected vendor may, within thirty (30) days of the award, negotiate with the previous vendor for the transfer of ownership of the propane tanks. No vendor shall fill tanks not owned by the vendor, except upon written permission of the Town of Swanzey. The selected vendor shall remove all tanks within thirty (30) days of the termination and/or expiration of the contract term at no cost to the Town of Swanzey. Upon picking up the tanks, the vendor relinquishing the location shall weigh the tanks and credit the Town of Swanzey on the last invoice for any unused propane gas left in the tank at the time of pick up. As an alternative, the selected vendor may transfer ownership of the tanks to the subsequent vendor selected for a successor term within thirty (30) days of the termination or expiration of the contract term. The credit procedure shall not apply to propane product in the tanks where ownership is transferred to a subsequent vendor or the Town of Swanzey. Failure of the selected vendor to remove one or more tanks or transfer ownership within thirty (30) days after the termination and/or expiration of the contract terms shall automatically transfer ownership of the tanks to the Town of Swanzey free and clear of any interest of the selected vendor and its creditors. The selected vendor shall hold harmless the Town of Swanzey for damages resulting from the failure to install or remove propane tanks. The selected vendor shall use every precaution to prevent injury to Town and private property in the vicinity of the propane tanks. The vendor shall be responsible for all damage and injury to persons and/or property during the execution of the work resulting from any act, omission, neglect, and/or misconduct in the manner or method of performing the work. The vendor shall indemnify, defend, and hold harmless the Town of Swanzey, its agents and assigns from any liability, damage, claims, penalties, and/or regulatory agency fines that may arise. The vendor shall promptly restore to the satisfaction of the Town, at the vendor's expense, any property that may be damaged during this contract. The Town of Swanzey reserves the right to accept and/or reject any, all, or part of bids received, and to waive any technical or legal deficiencies/formalities in the bidding and to accept the bid proposal considered to be in the best interest of the Town. Although price is the main factor, vendors are advised that other factors may also be considered which may result in the award of a contract to a non-lowest price bidder. In the event of a tie, the owner reserves the right to further negotiate terms after bid opening with one or more bidders to determine which vendor offers the best overall value. Payment terms are Net 30 days. Delivery slips shall be included with any invoicing and shall include which building received the fuel, how much fuel, time and date of delivery, and the driver. For more information, please contact Julius Peel at 603-352-7411, ext.112 or jpeel@swanzeynh.gov. The Town of Swanzey assumes no responsibility or liability for costs incurred by proposers in responding to this Invitation to Bid or in negotiating a contract with the Town.

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