NOTICE OF CONTRACT AWARD

Transcription

1 GROUP NO./COMMODITY: 40400/Lease Vehicles (2017 or Newer Truck Tractors & Van) and Complete Preventive Maintenance Services CONTRACT NO. CONTRACTOR CONTACT INFORMATION PA Ryder Truck Rental, Inc Richard Loatman, 10 Erie Boulevard Albany, New York M/WBE: MBE Goal: 0% WBE Goal: 0% Chartfield 2: NOTICE OF CONTRACT AWARD Division of Industries Central Office Business Development Manager Phone: Fax: Vendor ID#: Federal ID#: SFS Contract ID# Contract Period: March 1, 2017 through February 28, 2022 Invitation For Bids (IFB) No.: 1032 (Replaces Award No. 844) Bid Opening Date: 9/15/16 Direct inquiries regarding this contract to: Teresa McHale, Office Assistant 3 NYS Department of Corrections and Community Supervision Division of Industries 550 Broadway Albany, NY Telephone: (518) Ext Fax: (518) teresa.mchale@doccs.ny.gov Contract Approval Date: 11/25/2016 NYS Department of Corrections and Community Supervision Division of Industries (Corcraft) By: Nancy Abraham Supervisor CI Purchasing FOR TAX FREE TRANSACTIONS UNDER THE INTERNAL REVENUE CODE, THE NEW YORK STATE REGISTRATION NUMBER IS K. TERMS AND CONDITIONS AS APPLIED TO THIS CONTRACT ARE AS PER THE REFERENCED INVITATION FOR BIDS, PROCUREMENT LOBBYING ACT, CONTRACTOR CERTIFICATION (Tax Law 5-a, ST-220 Form) AND THE ATTACHED PAGES.

2 GROUP LEASE VEHICLES (2017 or Newer Truck Tractors & Vans) PAGE 2 DEFINITIONS: Lessee: The NYS Department of Corrections and Community Supervision, Division of Industries (Corcraft) Lessor: The contractor/vendor PRICE: Price shall be net F.O.B. to New York State Department of Corrections and Community Supervision, Division of Industries (Corcraft), 550 Broadway, Albany, New York All vehicles furnished shall be white and have a full tank of fuel upon delivery. All vehicles shall be delivered to Corcraft (Menands, NY) for inspection, then delivered by the contractor to its final domicile location. DELIVERY TO: NYSDOCCS, Division of Industries Central Office 550 Broadway Albany, NY LOT I ITEM# 1: TRUCK TRACTORS, TANDEM AXLE: A heavy-duty truck tractor designed and equipped for double hauling. All truck tractors shall be white and as per the referenced Detailed Specifications. All the manufacturer s standard equipment shall be furnished, except for the items otherwise noted in the Detailed Specifications. RENTAL CHARGE (Includes cost of preventive maintenance services): Estimated Number Number Monthly Rental of Vehicles of Months Rate/Vehicle A) $1, MILEAGE CHARGE: Estimated Number Estimated Number Charge of Vehicles of Miles (60 mo. Period) per Mile B) ,000 $0.00 MAKE AND MODEL: International Prostar ITEM# 2: BOX TRUCK (22 L x12 6 H) NON CDL RATED: All Box Trucks shall be white and as referenced in the Detailed Specifications and shall be supplied complete with the manufacturer s standard equipment for both the interior and exterior of the vehicle offered, except for those items otherwise noted in the Detailed Specifications RENTAL CHARGE (Includes cost of preventive maintenance services): Estimated Number Number Monthly Rental of Vehicles of Months Rate/Vehicle A) 4 60 $1, MILEAGE CHARGE: Estimated Number Estimated Number Charge of Vehicles of Miles (60 mo. Period) per Mile B) 4 60,000 $0.09 MAKE AND MODEL: International 4300

3 GROUP LEASE VEHICLES (2017 or Newer Truck Tractors & Vans) PAGE 3 LOT II: ITEM# 1: PREVENTIVE MAINTENANCE AND SERVICE: Furnish complete preventive maintenance service as described in Schedule A-1 for the following vehicles, in accordance with the incorporated Detailed Specifications. Corcraft owns these vehicles, and the quantities are estimated at the time of bid opening. Estimated Number Number Monthly Item Description of Vehicles of Months Rate/Vehicle A) 45 Lead Van Trailers $ B) 45 Lead Van Trailers $ w/rail Gates C) 42 Lead Van Trailers $ D) 42 Lead Van Trailers $ w/rail Gates E) 45 Lead Flatbed Trailers 8 60 $ F) 28 6 Pup Trailers; $ (with rail lift gates) G) 28 6 Pup Trailers; $ (with no lift gates) H) 48 Lead Trailer Utility; 1 60 $ (with Curtain Sides) I) Dollies Single Axle $ LOT III: OPTIONAL LEASE VEHICLES: Trailers will be leased on an as-needed basis. Monthly rate will be pro-rated if rental period is less than one (1) year. Van and Pup trailers will be white and as referenced in the Detailed Specifications. ITEM #1: 45 L X 12 6 H LEAD VAN TRAILERS: (Includes cost of Preventive Maintenance) Estimated Number Number Monthly of Vehicles of Months Rate/Vehicle A) $ MILEAGE CHARGE: Estimated Number Estimated Charge of Vehicles Number of Miles (Annual) per Mile B) 20 12,000 $0.025 ITEM #2: 28 L X 12 6 PUP TRAILERS: (Includes cost of Preventive Maintenance) Estimated Number Number Monthly of Vehicles of Months Rate/Vehicle A) $ MILEAGE CHARGE: Estimated Number Estimated Charge of Vehicles Number of Miles (Annual) per Mile B) 10 12,000 $0.025

4 GROUP LEASE VEHICLES (2017 or Newer Truck Tractors & Vans) PAGE 4 DELIVERY: Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. All vehicles and equipment supplied by vendor shall be delivered new (2017 Model Year or newer) from the manufacturer. Deliveries shall be made on the start date of the State approved contract. In the event the contractor fails to timely deliver pursuant to the guaranteed delivery terms of any contract resulting from this bid, the Division of Industries may temporarily rent substitute equipment. Any monies that would have not otherwise been expended for such rental shall, upon demand, be promptly reimbursed by the contractor. REQUEST FOR CHANGE: Any request by the agency or contractor regarding changes in any part of the contract must be made in writing prior to effectuation. Such requests are subject to approval of the State Comptroller. APPENDIX A: The contractor agrees to comply with Appendix A, New York State Standard Contract clauses. CONTRACT PAYMENTS: Payments cannot be processed until the contract items have been delivered in satisfactory condition. Contractor shall provide complete and accurate billing invoices to the specified Agency in order to receive payment. Billing invoices submitted to the specified Agency must contain all information and supporting documentation required by the Contract, the Agency and the State Comptroller. Payment for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner s sole discretion, due to the extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices. The contractor shall comply with the State Comptroller s procedures to authorize electric payments. Authorization forms are available at the State Comptroller s website at by at epunit@osc.state.ny.us, or by telephone at (518) Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract if it does not comply with the State Comptroller s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. Properly completed vouchers are required to be forwarded to the Office of the State Comptroller for audit and payment. Agencies are urged to process vouchers expeditiously. INTEREST: Interest on late payment is governed by State Finance Law, Section 179-M. VENDOR RESPONSIBILITY DISCLOSURE: Any finding of non-responsibility may be sufficient cause for Termination of the contract. It is the sole responsibility of the resultant contractor, at any time throughout the contract period, to promptly notify the Division of Industries of any changes to its original responses in the questionnaire. Failure to do so may be sufficient cause for termination of the contract. PROCUREMENT LOBBYING TERMINATION: In accordance with the Vendor Responsibility Disclosure clause and/or Termination for Cause in Appendix B, General Specifications and/or New York State Finance Law Section 139-k and/or Tax Law 5-a, the Division of Industries reserves the right to terminate a contract by providing ten (10) days written notification to the Contractor, for cause in the event of determination made after an award with respect to vendor non-responsibility, or in the event of determination that certification filed in accordance with State Finance Law Section 139-k and/or Tax Law 5-a was intentionally false or intentionally incomplete.

5 GROUP LEASE VEHICLES (2017 or Newer Truck Tractors & Vans) PAGE 5 VENDOR RESPONSIBILITY: 1. General Responsibility The Contractor shall at all times during the Contract term remain Responsible. The Contractor agrees, if requested by the Department of Corrections and Community Supervision, Division of Industries (CORCRAFT) or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. 2. Suspension of Work (for Non-Responsibility) The Department of Corrections and Community Supervision, Division of Industries (CORCRAFT) or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Department of Corrections and Community Supervision, Division of Industries (CORCRAFT) or his or her designee issues a written notice authorizing a resumption of performance under the Contract. 3. Termination (for Non-Responsibility) Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate Division of Industries (CORCRAFT) officials or staff, the Contract may be terminated by Department of Corrections and Community Supervision, Division of Industries (CORCRAFT) or his or her designee at the Contractor's expense where the Contractor is determined by the Department of Corrections and Community Supervision, Division of Industries (CORCRAFT) or his or her designee to be nonresponsible. In such event, the Department of Corrections and Community Supervision, Division of Industries (CORCRAFT) or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. CONTRACTOR'S NOTES: 1. Contractor shall furnish the agency with written acknowledgement of the shipping date at least two weeks prior to shipment. Failure to comply may be cause for the initiation of contract default proceedings. 2. If shipment will not be made within the guaranteed delivery time, the contractor is required to notify the agency in writing at least two weeks prior to the latest date of the original delivery obligation. This notification must include the reasons for the delay and the latest date the material will be shipped. Should the delay be not acceptable to the using agency, appropriate contract default proceedings will be initiated. Failure to supply timely written notification of delay may be cause for default proceedings. All correspondence for the aforementioned two points shall be directed to: Department of Corrections and Community Supervision Corcraft Division of Industries Division of Industries 550 Broadway and 550 Broadway Albany, NY Albany, NY Attn: Teresa McHale, OA3 Attn: David Jones, Shipping Supervisor ESTIMATED QUANTITIES: The quantities or dollar values listed are estimated only. Unless otherwise stated the estimated quantities are annual usage. See "Estimated/Specific Quantity Contracts" in Appendix B, General Specifications. GOVERNMENT MANDATED PROGRAM PRICE ADJUSTMENT: An adjustment in price may be permitted if a government mandated program, such as a new standard for emissions, take effect and suitable documentation is furnished to the State and the State determines the requested price change is verifiable and reasonable.

6 GROUP LEASE VEHICLES (2017 or Newer Truck Tractors & Vans) PAGE 6 CONTRACT PERIOD: For Lot I, the contract will run concurrent to the start and end dates of the approved contract award. If the contractor is unable to deliver contract vehicles by the start date of the contract award, the contractor must provide interim equipment needs until delivery of the contract vehicles. Regardless of interim vehicles, and any vehicles leased after the 2012 model year or newer, all leases will end on the end date of the contract award. The lease agreement will run concurrent with start and end dates of contract award. This lease agreement ensures all leases expire on the same date. For Lot II, the contract will commence on the start date of the approved contract award and expire on the end date of the contract award. However, the termination date of the initial sixty (60) month contract will not be extended more than two (2) months beyond the termination date stated in the Notice of Contract Award without the approval of the contractor. With the consent of the State and the contractor, this contract can continue until a new term contract is issued. Prices or discounts quoted are to be firm for the entire period of the contract. Price escalation or discount reduction will not be allowed and is specifically excluded from the terms and conditions of the Invitation for Bid, its specifications and subsequent contract award. Price decreases or discount increases are permitted at any time. CANCELLATION FOR CONVENIENCE: The State of New York retains the right to cancel this contract, in whole or in part without reason provided that the Contractor is given at least sixty (60) days notice of its intent to cancel. This provision should not be understood as waiving the State's right to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision. Any such cancellation shall have no effect on existing Agency agreements, which are subject to the same 60 day discretionary cancellation or cancellation for cause by the respective user Agencies. CANCELLATION FOR NON-PERFORMANCE: The State reserves the right to cancel the contract thirty (30) days after written notice for non-performance of the requirements of the contract. TRANSACTIONS INVOLVING LEASES AND/OR RENTALS: State Agencies are required to obtain prior approval from the Office of the State Comptroller for all transactions involving leases/rentals that exceed their discretionary buying limits pursuant to the Comptroller's Procurement and Disbursement Guidelines G-80 and G-80B. WARRANTIES: See "Warranties" in Appendix B, General Specifications. Normal wear and tear items shall be warranted in accordance with manufacturer's standard warranty. At time of bid opening, product offered must meet all requirements of this solicitation including full commercial/retail availability. Product literature and specifications must also be available. For Lot I, in addition to all requirements of the New York State Lemon Law, each new vehicle shall be subject to the manufacturer s standard warranty for new vehicles delivered. The State agrees that all warranties are provided by Manufacturer. Service for all warranties shall be obtained directly through the manufacturer s authorized dealers. Contractor shall be responsible for resolving any warranty disputes between lessee and Manufacturer.

7 GROUP LEASE VEHICLES (2017 or Newer Truck Tractors & Vans) PAGE 7 EMERGENCY PURCHASING: In the event that a disaster emergency is declared by Executive Order under Section 28 of Article 2-B of the Executive Law, or that the Commissioner determines pursuant to his/her authority under Section 163(10)(b) of the State Finance Law that an emergency exists requiring the prompt and immediate delivery of products or services, the Commissioner reserves the right to obtain such products or services from any source, including but not limited to this contract, as the Commissioner in his/her sole discretion determines will meet the needs of such emergency. Contractor shall not be entitled to any claim or lost profits for products or services procured from other sources pursuant to this paragraph. GENERAL REQUIREMENTS: 1. Delivery - shall be made to the location requested by Corcraft and inspected by Corcraft s representative prior to acceptance. 2. Inspection - Corcraft shall promptly inspect all vehicles supplied under the contract award. If it is determined, in their judgment, that the vehicle is in violation of state vehicle and traffic laws or does not meet the specifications of the established contract, the vehicle shall be rejected and contractor immediately notified as provided below: Corcraft s representative shall inspect all vehicle(s) prior to acceptance (contact David Jones at , Ext. 2424). The State s acceptance of the vehicle shall not be binding as to any latent defects not discoverable through physical inspection of the vehicle. The inspection shall include a review of Corcraft s vehicle specifications as provided in the purchase order against those listed in the vehicle s window sticker. In the event vehicle does not contain all of the requested specifications, Corcraft may reject the order or negotiate with contractor a reasonable adjustment to the list price provided that contractor is notified within 60 days of inspection of such specification non-conformance. Note: Power equipment will be fully licensed, registered and inspected (Federal and State) by the contractor. The inspection sticker must be properly affixed to the vehicle at the time of delivery. Additionally, out of State permits will be provided by contractor and invoiced to Corcraft for the actual cost of such permits. 3. Each lease shall be for a five (5) year [sixty (60) month] term, running concurrent to the start and end date of contract. 4. The State retains the right to re-register vehicles, alter vehicles or assign new plates to vehicles. They will return any vehicle altered to its original condition prior to returning the vehicle to the Contractor. For Lot I vehicles, the contractor shall provide a Manufacturer s Statement of Origin (MSO) and a New York State Department of Motor Vehicles Certificate of Sale (MV5O Form) to the ordering agency for each vehicle. These documents will be returned to the contractor upon the termination of the lease. 5. The State has a self-insurance program. The General Liability exposures of the State of New York as well as Corcraft are self-retained. Suits for bodily injury and property damage are brought in the New York State Court of Claims, which is supported by a multi-million dollar annual appropriation. MILEAGE: An average of 65% of the aggregate annual distance traveled will be in the southeastern part of New York State fromalbany through Long Island. An average of 35% of the aggregate annual distance traveled is throughout the remainder of the State. A minimal amount of travel will be outside New York State in the Northeast. The majority of travel will be on primary roads. The average annual miles that each vehicle travels is as follows: Average Average 5-Yr. Aggregate Miles Lease Aggregate Miles Tractors, Tandem Axle 50, ,000 Box Truck, 22 12,000 60,000

8 GROUP LEASE VEHICLES (2017 or Newer Truck Tractors & Vans) PAGE 8 DEFAULT OF LESSEE: In the event lessee defaults in the payment of any lease fees, and should such default continue for a period of sixty (60) days following receipt by the lessee (Corcraft) in writing of such default, Contractor may repossess the vehicle of the defaulting entity and thereupon terminate the lease and any rights, title or interest of lessee to such vehicle. The defaulting entity shall be responsible for the payment of all costs and expenses, including reasonable attorney s fees, associated with Contractor s repossession of the vehicle. Contractor shall be responsible for all costs and expenses, including attorney s fees, incurred by the State of New York in the enforcement of its rights and remedies under this provision. CLOSED-END LEASE: The responsibility of the State to the contractor will include the payment of a fixed monthly lease charge for each vehicle with set mileage with no adjustment for variation in actual depreciation. Upon termination or expiration of leasing agreement, the State will return the vehicle(s) to the Contractor in such condition as defined in the Return of Vehicles or Early Lease Termination clauses. VEHICLE BUY-BACK (AGENCY OPTION): Upon termination or expiration of leasing agreement, the State shall have the option available to purchase the leased vehicle(s) from the contractor at Fair Market Value at the time of the lease expiration. The buy-back will only be pursued if the purchase price is deemed acceptable to the State. SCHEDULE OF LEASE PAYMENTS: Lessor (Contractor) may provide in accordance with its normal practice a summary of information pertaining to the Lease Vehicle including such information as the Lease Term, the make, model, year and VIN number of the vehicle and the residual value of the Lease Vehicle. In no event will any of the terms or conditions of this Agreement be diminished or otherwise modified by Lessor s standard supplement or schedule. ACCEPTANCE AND BASIC WARRANTY: Acceptance shall be deemed to occur on the date of delivery to the Authorized User, unless Lessor is notified of non-acceptance within five (5) business days of the date the vehicle is delivered (hereinafter Acceptance Date ). The manufacturer s standard warranty period for all coverage shall begin on the Acceptance Date. All warranty service shall be provided either directly by manufacturer or through its authorized service providers. VEHICLE LEASE BILLING AND PAYMENTS: (a) Upon the submission of invoices or vouchers, Corcraft shall pay for each vehicle at the rate(s) shown in the resultant contract. Invoice shall be mailed by the Contractor to: Corcraft Attn: Accounts Payable 550 Broadway Albany, NY (b) Payment shall accrue from the date each vehicle is delivered to and accepted by Corcraft, and shall continue until the expiration of the contract term or the termination of this contract. However, payment shall accrue only for the period that each vehicle is in the possession of the State or its designee. (c) Payments for interim equipment provided, until delivery of contract vehicles, will be paid at discounted rate to be mutually agreed upon between the State and the contractor. (d) Payment shall not accrue for any vehicle that the state determines does not comply with the terms andconditions of the contract, until such time as the requirement of this solicitation are met, or the vehicle is replaced or the defect is corrected. (e) Payment stated in monthly terms shall be prorated on the basis of 1/30th of the monthly rate for eachday the vehicle is in Corcraft s possession. Since a mileage provision is part of the subsequent contract award, Corcraft shall pay as prescribed in said contract.

9 GROUP LEASE VEHICLES (2017 or Newer Truck Tractors & Vans) PAGE 9 VEHICLE LEASE BILLING AND PAYMENTS: (Cont d) (f) The charges against the contract will be paid by Corcraft on a monthly basis upon the receipt of a monthly invoice showing: (1) vehicle number (or identification number); (2) Corcraft unit number for trailers and dollies; (3) facility delivery order number; and (4) the month for which each charge contained on the invoice is applicable. The initial invoice must contain the date of the delivery for that vehicle. NOTE: Federal highway use tax will not apply. Fuel tax reporting is the contractor s responsibility. CONDITION OF LEASED VEHICLES UPON DELIVERY: Each vehicle furnished under this contract shall be new, latest model, of good quality and in safe operating condition, and shall comply with the Federal Motor Vehicle Safety Standards (49 CFR 571) and State safety regulations applicable to the vehicle. All vehicles furnished shall have less than 1,000 miles on the odometer. All vehicles shall have a full tank of fuel upon delivery. The State shall accept or reject the vehicles promptly after delivery, if the State determines that any vehicle furnished is not in compliance with agreed to conditions of lease, the State shall promptly inform the Contractor in writing of its findings. If the Contractor fails to replace the vehicle or correct the defects as required, the State may: (a) by contract or otherwise, correct the defect or (b) arrange for the lease of a similar vehicle and shall charge or set off against the Contractor any costs incurred. MARKING OF LEASED VEHICLES: Contractor will place non-permanent markings or decals provided by Corcraft, as appropriate, identifying the using facility or New York State, on any vehicle leased under this contract. No name other than the manufacturer s name shall appear on the vehicle. Upon return of the vehicle, all Corcraft-provided markings and/or decals shall be removed by the contractor. TITLE, REGISTRATION AND INSURANCE OF VEHICLE: Vehicles shall be titled to Lessor throughout the term of the lease. Pursuant to the State s Vehicle and Traffic Law, vehicles shall be registered and insured in the name of the Lessee. Lessor shall bear the costs of titling the vehicles. Lessee shall be responsible for costs associated with registering and insuring the vehicles. Lessor shall retain possession of the Lease Vehicle title. CERTIFICATE OF TITLE: Should the Lessor require a change in the Certificate of Title, any costs incurred to implement the change, shall be borne by the lessor in accordance with New York State Vehicle & Traffic Law Section Fees (a) (2) and Section 2l25. Fees (c). LOSS/DAMAGE: (a) The State shall be responsible for loss of or damage to: (1) Leased vehicles, except for (i) normal wear and tear and (ii) loss or damage caused by negligence of the contractor, its agents, or employees; and (iii) product defects. (2) Property of third persons, or the injury or death of third persons, to the extent the state is liable for such loss, damage, injury, or death under the laws of the State of New York. In the event a Lease Vehicle becomes lost, stolen and not recovered, damaged or destroyed beyond repair, Lessee shall pay Lessor the current depreciated value of such vehicle as established by Lessor, provided that the depreciated value is determined by using the Fair Market Value, plus any outstanding fees or charges including the monthly lease fee for the applicable month in which a vehicle is rendered unserviceable, minus any insurance proceeds Lessor receives from Lessee s insurance carrier. In no event shall the amount due exceed the sale price of the Lease Vehicle.

10 GROUP LEASE VEHICLES (2017 or Newer Truck Tractors & Vans) PAGE 10 INDEMNIFICATION AND INSURANCE: (a) The contractor shall be liable for, and shall indemnify and hold harmless the State against all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or employees. (b) The Contractor shall provide and maintain insurance covering its liabilities (see Appendix B General Specifications, paragraph 71-b Warranties ) in amounts of no less than $1,000,000 combined (bodily injury and property damage) single limit per occurrence. (c) Before supplying any vehicles under this contract, the Contractor shall certify to the State in writing that the required insurance has been obtained. The policies evidencing required insurance, or proof of a selfinsurance program, shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the State shall not be effective (1) for such period as the laws of the State of New York prescribe or (2) until 30 days after written notice to the State, whichever period is longer. The policies shall exclude any claim by the insurer for subrogation against the State by reason of any payment under the policies. (d) The Contractor warrants that the contract price includes no cost for insurance or contingency to cover losses, damages, injury, or death for which the State is responsible liabilities (see Appendix B General Specifications, paragraph 71-b Warranties EARLY TERMINATION OF LEASE: In the event of early termination of the lease, the lessee may be responsible for the payment of reasonable additional fees in accordance with contractor s standard fee schedule subject to the approval of the Department of Corrections and Community Supervision. Any provisions applying to the early termination (including standard fee schedule) of the lease must be submitted with bid and will be considered when making award. REASSIGNMENT OF VEHICLES: Corcraft reserves the right to reassign any vehicle leased under this contract to other facilities with similar operations and like conditions. The contractor will be notified by the lessee who is reassigning the vehicle. This notification will include the facility name. If requested by Corcraft, the Contractor shall agree to transfer and/or relocate any vehicle(s) to another Corcraft location at any time throughout the contract (i.e., change of domicile locations). RETURN OF VEHICLES (IF BUY-BACK OPTION IS NOT UTILIZED): (a) At least thirty (30) days prior to the expiration or termination of the leasing agreements entered into by Corcraft pursuant to the established contract, the lessee will contact the lessor to determine whether the vehicle should be returned to the same place where delivery was accomplished or to a destination mutually agreeable to both parties. (b) The contractor shall be responsible for performing an appraisal as to the condition of each vehicle prior to its removal from State custody and shall furnish to the lessee a copy signed and dated by the State representative and the contractor of each appraisal report. The lessee will assume full responsibility for reconditioning the vehicles, excluding normal wear and tear as defined below, at its expense. The lessee will not be responsible for damage not listed on the appraisal report. The State reserves the right to obtain an independent appraisal, at the discretion of the lessee, to support the contractor s assessment of damages. (c) For purposes of this lease, normal wear and tear is defined as those dents, dings, paint chips, scratches, pitted, but not cracked windshields, and interior wear such as soiled carpets and seats normally accrued to a motor vehicle over the period of actual months use in both rural and metropolitan areas. In any event, the lessee liability for reconditioning vehicles acquired as a result of this solicitation and subsequent contract shall be limited to replacement of glass and exterior trim and repair to body damage attributable to collision only, and to interior damage such as cut, torn, burnt materials, as well as mechanical repairs. Bidders/Contractors are cautioned that the State, by signing the damage estimate, does not acknowledge liability therefore. This can only be accomplished by authorized and warranted State personnel after evaluation and consideration of all factors. When returned, the vehicle must pass State Inspection.

11 GROUP LEASE VEHICLES (2017 or Newer Truck Tractors & Vans) PAGE 11 ACCIDENTS/THEFTS/VANDALISM: The lessee will notify the Contractor within 48 hours of accident/ theft/vandalism and will arrange for repairs of accident/vandalism damage, including damage sustained to a stolen vehicle during the period prior to recovery. If a vehicle is damaged beyond repair or not recovered thirty (30) days after the date of theft, the Contractor will be reimbursed the residual value of the vehicle based on industry Standard Schedule A (copy to be provided with bid) at the time of the theft/accident/vandalism in full satisfaction of any and all liabilities under the contract, provided that the State s liability to pay the monthly cost shall cease as of the time of the accident/theft/vandalism. The accrued lease cost for the month in which the accident/theft/vandalism occurs shall be determined on a pro-rata monthly basis. The Contractor shall provide the lessee documentation relating to all monies received from the salvage or other disposition of such vehicles. PAYMENT OF TRAFFIC FINES: The lessor shall not be responsible for the payment of fines or charges for traffic violations, or other expenses resulting from the use of the vehicle, with the exception of parking tickets and towing charges. Payment of parking tickets and/or towing charges, resulting from the use of the vehicle will be paid by the Contractor and reimbursed by the lessee. These charges are to be made in a timely manner to avoid surcharges. If additional surcharges are accrued due to late payment, the contractor will be responsible for the surcharge amount. The contractor will be required to list these charges on monthly invoices, for reimbursement. Charges must be listed on monthly invoice for appropriate vehicle. ACT OF GOD: Vehicles damaged as a result of Act of God, i.e., hail storms, floods, etc., shall be repaired and paid for by Corcraft or the reassigned agency (see Reassignment of Vehicles clause). EMISSION CONTROLS: Vehicles and engines shall comply with the regulations of the Environmental Protection Agency and the State of New York governing Control of Air Pollution from New Motor Vehicles and New Motor Vehicle Engines in effect on the date of manufacture. Contractor shall supply DEF/UREA for the vehicles they provide. Contractor must also supply each facility with DEF/UREA for the vehicle(s) that are domiciled there. MOTOR VEHICLE REGULATIONS: Each vehicle delivered shall comply with all applicable laws and regulations of the State of New York and the Federal Government in effect on the date of manufacture. Vehicles must meet all the requirements of the New York State Thruway for Tandem Trailer Operation. EASY (E-Z) PASS: Contractor is responsible for providing and installing Easy (E-Z) Pass transponders on all vehicles. Contractor will pay Thruway and will invoice Corcraft for all charges with supporting documentation attached to the bill. Contractor will also provide Easy (E-Z) Pass for all substituted vehicles. Contractor will provide Corcraft a list of Easy (E-Z) Pass numbers that match unit vehicle numbers. PERMITS: All vehicles assigned to the Stormville, New York, location shall have permits to run out of state for the duration of the contract. RECALLS: The contractor must immediately notify Corcraft of any recalls pertaining to contract vehicles. DISPOSAL FEES: Corcraft shall not be responsible for the payment of disposal fees associated with the disposal of vehicle parts. SCHEDULE A-1 PREVENTIVE MAINTENANCE: The contractor must follow the prescribed preventive maintenance schedule as per the referenced Invitation for Bids.

12 GROUP LEASE VEHICLES (2017 or Newer Truck Tractors & Vans) PAGE 12 EQUIPMENT MAINTENANCE AND SERVICE: For Lots I & II: Complete equipment maintenance and service, including tire replacement and maintenance, will be furnished by the contractor during the life of the agreement. The contractor is required to have a sufficient number of full service facilities to fully satisfy the requirements of this bid and resultant contract. Each full service facility must provide any service necessary to repair the equipment under contract, and must be fully owned by or under contract with the contractor as assurance that the service requirements will be met and must have sufficient room to drop, hook and park 28 6 pup trailers (no more than 4 at a time) at all of the contractor s locations. For Lot I - Each powered vehicle (tractor, van) will be given a minimum of eight (8) hours of preventive maintenance when it has traveled a distance of 6,000 miles from the preceding maintenance check. All preventive maintenance and service will be performed at a full service truck repair facility. When maintenance and service is required, the contractor will pick up the vehicle on any requested evening of the week and return it to Corcraft by 6:30 AM on the following workday. If contractor cannot perform service within said period, contractor shall provide a substitute vehicle, at no cost, as nearly as practicable the same size, condition and appearance as the inoperable vehicle, except that no special painting or other alterations need to be made. All substitute vehicle(s) will have Easy (E-Z) Pass transponders and power cords to run liftgates on trailers. The maintenance and service will be performed in accordance with the contractor s standard preventive maintenance schedule. For Lot II - Preventive maintenance and service of the trailers and dollies will be performed at Corcraft sites or the contractor s service facilities in accordance with the attached Schedule A-1. When service is performed at the contractor s facilities, they will pick up the trailer on any evening of the week and return it to Corcraft by 6:30 AM on the following workday. For Lots I & II: The contractor will provide a qualified mechanic at Corcraft s site in Albany (Menands), New York, Monday through Friday, except holidays, from 6:30am through 8:30am to perform services as required for trailers and power equipment. If the mechanic is not on-site between 6:30am through 8:30am, Corcraft will apply a credit of $ per day. Corcraft will properly care for the vehicles, use them within their rated capability, and restrict their use to Corcraft s qualified personnel. Corcraft shall prohibit anyone other than the contractor s authorized personnel to repair or adjust the vehicles. The contractor s designated service facility will be within the following approximate distance (indicated in minutes) from Corcraft: Albany (Menands), Stormville Attica, Comstock, Auburn, Dannemora, Ellenville and Beacon 30 Minutes (Approximately) 45 Minutes (Approximately If any vehicle becomes inoperable because of mechanical failure, contractor guarantees that the vehicle will be repaired so that it is road worthy and fully operative within two (2) hours of notification by Corcraft, or if contractor cannot repair such within said period, contractor shall provide a substitute vehicle, at no cost, as nearly as practicable the same size, condition and appearance as the inoperable vehicle, except that no special painting or other alterations need to be made. In any event, Corcraft will be back in service within two (2) hours. If the contractor fails to perform, Corcraft shall rent a substantially similar vehicle at the lowest available price until the contractor is able to perform and the contractor will reimburse Corcraft for the rental. The replacement vehicle must be New York State Thruway tandem authorized, and must also have the proper Easy (E-Z) Pass in the unit. After the above-mentioned two-hour period, if the lessee (Corcraft) is not back in service, there will be a charge of $ per hour or $2.00 per minute, for any additional delay. This amount should be credited on appropriate invoice (specific vehicle, specific time period). If this credit is not indicated, Corcraft reserves the right to apply such credit to appropriate invoice.

13 GROUP LEASE VEHICLES (2017 or Newer Truck Tractors & Vans) PAGE 13 EQUIPMENT MAINTENANCE AND SERVICE: (Cont d) An average of 65% of the annual aggregate distance traveled will be in the eastern part of New York State from Albany through Long Island. An average of 35% of the annual aggregate distance traveled is throughout the remainder of the State. A minimal amount of travel will be outside New York State in the Northeast. The majority of travel will be on primary roads. The average aggregate annual miles that each vehicle travels is as follows: Tractors, Tandem Axle 50,000 Box Truck, 22 12,000 Lead Van Trailers 15,000 Lead Flatbed Trailers 15,000 Dollies 15,000 Note: Contractor is responsible for all costs to maintain the vehicles including emergency road service and preventive maintenance. Corcraft is responsible for costs resulting from Corcraft negligence. If a vehicle is out of service because of damage resulting from collision or upset for which contractor is not responsible, contractor will rent a replacement vehicle to Corcraft at an equal rate upon request, and the charges applicable to the out of service vehicle shall not abate. Contractor will be required to furnish fuel from their full service facility locations throughout New York State. All fuel charges will be at the pump price on a per gallon basis and made separate from any other applicable charges. Fuel tax will not apply. Fuel tax reporting is contractor s responsibility. TRAINING: The contractor for the power equipment will provide a comprehensive driver safety program in accordance with the outlined Safety Program Requirements. All training will be conducted in a manner that is consistent with acceptable industry standards, and approved by Corcraft. Driver Evaluation and Driver Certification Files will be completed within 60 days after contract award for all drivers employed by Corcraft at that time. Quarterly meetings to update and reinforce safety issues will be required. Those meetings will be held at Albany (Menands), Newburgh & Rochester areas. Re-Evaluation Annually will be completed annually for all drivers employed by Corcraft. Act as Safety Consultants will be effective throughout the period of the agreement.