Invitation to Bid.pdf

Purchasing Department P.O. Box 38

Oakdale, New York 11769-0901 (631)292-6032

INVITATION TO BID

CONTRACT NO. 8152

FURNISH AND DELIVER PPE, CONSUMABLES

& VENDING SUPPLIES

JANUARY 1, 2026 TO DECEMBER 31, 2026

(WITH OPTIONS TO EXTEND)

BID NO. 8152

TABLE OF CONTENTS

SECTION I – INTRODUCTION

Statement of No Bid……………………………………………………………………………….1

Notice to Bidders…………………………………………………………………………………..2

SECTION II – INSTRUCTION TO BIDDERS

2.1 Purpose

2.2 Bid Submission Instructions

2.3 Contact Information

2.4 Bid Deposit

2.5 Performance Bond

2.6 Pre-Bid Conference

2.7 Term of Contract

2.8 Option to Extend

2.9Termination Clause

2.10 Public Authorities Law

2.11 Iran Divestment Act

2.12 Method of Award

2.13 Liquidated Damages

2.14 Fixed Prices/Adjustments

2.15 Examination of Facilities

2.16 “Equal” Products

2.17 Indemnification

2.18 Insurance

2.19 Taxes

2.20 Method of Payment

2.21 Escalator Clause

2.22 Shipping Terms

2.23 Delivery after Date of Order

2.24 Back Order Delays

2.25 Warranty

2.26 Compliance with Federal Standards

2.27 Damaged Goods When Shipping

2.28 Materials

2.29 Packing/Slip Delivery Ticket

2.30 Patents and Royalties

2.31 Purchase of Other Items Not Listed

2.32 Specifications and Parts Manuals

2.33 Testing of Random Samples of Delivered Products

2.34 Pre-Bid Samples of Proposed Furnished Products ……………………………………..18

2.35 Contract Administration

2.36 Confidential Information

2.37 Licenses

2.38 Certified Payroll

2.39 OSHA Regulations

2.40 Federal Labor Standard Provision

2.41 Execution of Bids

2.42 Discrepancies, Explanations and Clarifications

2.43 Order of Precedence

2.44 Counterparts & Electronic Signatures ……………………………………………………21

SECTION III – SCOPE OF WORK

3.0 General

3.1 Group I - Materials

3.2 Group II – Vending Devices

SECTION IV – BIDDER’S PROPOSAL (BID SHEET)

Bidders Proposal/Bid Sheet

4.1 Bidders Statement

4.2 Non-Collusive Bidder Certification

EXHIBITS – REQUIRED FORMS (TO BE SUBMITTED WITH BID SHEET)

Exhibit A

Exhibit A1……………………………………………………………………………………………..56

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Exhibit F (Do Not Complete)

SUFFOLK COUNTY WATER AUTHORITY

FURNISH AND DELIVER PPE, CONSUMABLES, & VENDING SUPPLIES

STATEMENT OF NO BID

THIS FORM MUST BE RETURNED IF YOU ARE SUBMITTING A “NO BID”

It is the intent of the Suffolk County Water Authority to afford all suppliers an equal opportunity to bid on all commodities, operating supplies, equipment and/or services as listed in this specification.

In the event your firm declines to bid, kindly advise the Suffolk County Water Authority Purchasing Department to that effect by completing and returning this document.

We, the undersigned, have declined to bid on your Request for Quotation/Proposal

Contract No. 8152 - Furnish And Deliver PPE, Consumables, & Vending Supplies.

REASON FOR NOT BIDDING:

We do not offer this product/service.

We are unable to supply the product/service at this time.

We are unable to meet the specifications.

We are unable to meet the bond requirements.

We are unable to meet Insurance requirements.

Other:

Company Name:

Address:

Telephone:

E-Mail Address:

Completed By:

Print Name:

Signature:

*THIS FORM CAN BE MAILED OR E-MAILED: John.Deubel@scwa.com

FURNISH AND DELIVER PPE, CONSUMABLES, & VENDING SUPPLIES

CONTRACT NO. 8152

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN: That proposals to Furnish and Deliver PPE, Consumables, and Vending Supplies, will be received by the Purchasing Department of Suffolk County Water Authority, no later than 11:00AM on November 12, 2025, at which time and place they will be publicly opened and read aloud. Bids will only be accepted electronically; prospective bidders must submit their bids via the following website www.BidNetDirect.com/new-york.

Invitation to Bid (ITB) documents are available for you to download by login in to the following websites www.scwa.com or www.BidNetDirect.com/new-york. Questions and answers will also be posted on the public websites noted above.

Disadvantaged Business Enterprises are encouraged to bid.

By Order of the

Jeffrey W. Szabo Chief Executive Officer

Contract No. 8152 October 21, 2025

SECTION II – INSTRUCTIONS TO BIDDER’S

FURNISH AND DELIVER PPE, CONSUMABLES, & VENDING SUPPLIES

2.1 PURPOSE

Establish a contract to Furnish and Deliver PPE, Consumables, and Material Vending Machines with supplies.

2.2 BID SUBMISSION INSTRUCTIONS

On the following pages are the Instructions to Bidders, Detailed Specifications and Bidder's Proposal to Furnish and Deliver PPE, Consumables and Vending Machines with Supplies to the Suffolk County Water Authority for the period January 1, 2026 through December 31, 2026. Purchase Orders will be issued for material as needed, subject to terms and conditions provided herein.

Proposed cost/unit prices are to be filled out on the attached "Bidder's Proposal", included within Section IV. Bidders are required to complete and submit the following documents with the Bidder’s Proposal:

Bidder’s Proposal / Bid Sheet Bid Deposit / Bid Bond Non-Collusive Bidder Certification From Offeror Disclosure of Prior Non-Responsibility Determination (Exhibit A) Suffolk County Water Authority Disclosure Form (Exhibit A1) Affirmation of Understanding and Compliance (Exhibit B) Insurance Carrier or Agent's Acknowledgment (Exhibit C) Contact Information Document (Exhibit D) Contract Pre-Qualification Statement (Exhibit E)

Failure to comply with this requirement, as noted above, will be deemed sufficient cause for the rejection of the proposal.

QUESTIONS CONCERNING BID:

Interested bidders are invited to submit via e-mail or through BidNet, any questions on this contract to John Deubel, Purchasing Manager, John.Deubel@scwa.com. Questions and answers pertaining to this proposal may be viewed at scwa.com by clicking on Vendors. Contractors must be registered and must log in to access Contract Documents, questions, answers and addenda. It shall be the bidder’s responsibility to regularly check www.scwa.com, or www.BidNetDirect.com/new-york for updated questions and answers, or addenda. Questions must be received no later than 11:00 a.m., three (3) business days prior to the bid date.

SUBMISSION OF BIDS:

Bids will only be accepted electronically; prospective bidders must submit their bids via the following website: www.BidNetDirect.com/new-york.

Proposals will be received by the Suffolk County Water Authority not later than 11:00 a.m., prevailing time on November 12, 2025, at which time and place they will be publicly opened and read aloud for the work outlined in accordance with the Plans and Specifications attached hereto.

Bids physically delivered to the SCWA, facsimiles, or emails of unsealed proposals will not be accepted under any circumstances.

MODIFICATION / WITHDRAWAL OF BIDS:

A) Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where the Bids are to be submitted at any time prior to the opening of the Bids.

B) If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its bid, that Bidder may withdraw its bid and the bid security will be returned. Thereafter, that Bidder will be disqualified from further Bidding on the Work to be provided under the Contract Documents.

OPENING OF BIDS:

Bids will be opened and (unless obviously non-responsive) read aloud publicly. In order to participate in a Virtual Bid Opening please send an email request to John.Deubel@scwa.com, an email invite will be sent, to those who requested to attend the Virtual Bid Opening.

2.3 CONTACT INFORMATION

Pursuant to State Finance Law sections 139-j and 139-k, this Solicitation includes and imposes certain restrictions on communications between the Authority and Bidders during the procurement process. A Bidder is restricted from making contacts (i.e., an oral, written, or electronic communications, which a reasonable person would infer as an attempt to unduly influence the award, denial, or amendment of a contract) to any Authority member, employee or agent unless it is a contact that is included among certain statutory exemptions as set forth in State Finance Law sections 139-j (3) (a) from issuance of the Solicitation through final award and approval of the resulting Procurement Contract by the Authority (the “Restricted Period”).

All communication concerning this Solicitation should be addressed to the SCWA’s Purchasing Department, John Deubel, 631-292-6032 or at John.Deubel@scwa.com. The Authority may schedule a conference with the vendor(s) prior to any award. Authority personnel are required to obtain certain information if contacted during the Restricted Period. Upon the basis of this information, the Authority will make a determination of the responsibility of the Bidder who made the contact pursuant to statutory provisions. Certain findings of non-responsibility can result in rejection for contract award, and in the event of two findings within a four (4) year period by a Bidder, a Bidder will be debarred from obtaining Authority or other governmental Procurement Contracts. Further information about these requirements can be found in the Authority’s Guideline Regarding Contacts during an Authority Procurement at www.scwa.com. The SCWA reserves the right to disqualify any bidder, which makes unauthorized contacts to SCWA.

2.4 BID DEPOSIT

Each proposal from a Contractor must be accompanied by a certified check, cashier’s check or bid bond made payable to the Suffolk County Water Authority in the amount of Five Percent (5%) of the total bid. Failure to comply with this requirement will be deemed sufficient cause for the rejection of the proposal. If Contractor is submitting an electronic bid thru the Empire State Purchasing Group

(BidNet), www.BidNetDirect.com/new-york, as part of the submission, Contractor can attach an electronic Bid Bond or make a copy of check and attach to submit. The check submitted by the successful bidder will be retained by the Authority until successful completion of the contract as determined by the Authority.

If the person, persons or corporation to whom the contract shall be awarded shall fail to enter into such contract within thirty (30) days of the date indicated in the Agreement or shall fail to provide the security required for the faithful performance thereof, then the aforesaid deposit shall be forfeited to the Authority as liquidated damages and the Authority shall collect the same for its benefit.

After the Contract is awarded by the Members of the Authority, all proposal guarantees accompanying the various bids (bank/cashier’s check or bid bond), with the exception of the one accompanying the successful bid, will be returned.

2.5 PERFORMANCE BOND

Prior to execution of the contract, the successful bidder shall be required to furnish, at his expense, a Performance Bond, in such form as prescribed by the Authority, in the Amount of Ten Percent (10%) of the total bid price, or, in lieu of such Performance Bond, a Certified Check, or a Letter of Credit (Letter of Credit Expiration date shall be one-month past the contract expiration date), satisfactory to Suffolk County Water Authority together with an Indemnification Agreement in such form as prescribed by the Authority.

2.6 PRE-BID CONFERENCE - NOT APPLICABLE

2.7 TERM OF CONTRACT

This Contract will cover a one-year period beginning January 1, 2026 through December 31, 2026, with option to extend.

2.8 OPTION TO RENEW

This contract may be extended for an additional two years in (1) year increments, at the same price, if agreed upon in writing by both parties within sixty (60) days of the expiration date of the contract.

If the contract is extended for an additional year, the contractor is responsible for renewing the performance bond for the new term and providing proof of the renewal to the Purchasing Dept. of the Suffolk County Water Authority within 30 days of extension notification.

2.9 TERMINATION CLAUSE

The Suffolk County Water Authority reserves the right to terminate the contract after giving the contractor and his surety seven (7) days written notice if the Authority feels the contractor has not (1) proceeded with his work in a safe manner, (2) performed his work with regard for the Authority's obligation to continue furnishing an adequate supply of uncontaminated water, as determined by the Authority, at all times, and/or (3) not abided by the terms and conditions of the contract.

2.10 PUBLIC AUTHORITIES LAW, SECTION 2875

Section 2875 of the Public Authorities Law which section provides for the cancellation of a Contract by a Public Authority, and also to Section 2876, which section provides for the disqualification of certain Bidders from selling or submitting bids to, or receiving awards to Contracts for a Public Authority.

Section 2875 provides as follows:

“Upon the refusal by a person, when called before a grand jury, a head of state department, temporary state commission or other stage agency, the organized crime task force in the department of law, head of a city department or other city agency, which is empowered to compel the attendance of witnesses and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any political or official of the state of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract.

(a) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any public authority or official thereof, for goods, work or services, for a period of five years after such refusal, and to provide also that

(b) any and all contracts made any public authority or official thereof, since the effective date of this law (first day of July, 1959), by such person and by any firm, partnership or corporation of which he is a member, partner, director or officer, may be canceled or terminated by the public authority without incurring any penalty or damages on account of such cancellation or termination, by any monies owing by the public authority for goods delivered or work done prior to the cancellation or termination shall be paid

Section 2876 is quoted as to its first paragraph:

′Any person who, when called before a grand jury, head of a state department, temporary state commission or other state agency, the organized criminal task force in the department of law, head of a city department or other city agency, which is empowered to compel the attendance of witnesses and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any political subdivision thereof, a public authority or with a public department, agency or official of the state or of any political subdivision thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant questions concerning such transaction or contract, and any firm, partnership or corporation, of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any public authority or any official of any public authority created by the state or any political subdivision, for goods, work or services for a period of five years after such refusal or until a disqualification shall be removed pursuant to the provisions of Section twenty-eight hundred seventy-seven of the Public Authorities Law″

2.11 IRAN DIVESTMENT ACT

As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165- a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be posted on the OGS website.

By entering into this Contract, Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list. Additionally, Contractor agrees that after the list is posted on the OGS website, should it seek to renew or extend the Contract, it will be required to certify at the time the Contract is renewed or extended that it is not included on the prohibited entities list. Contractor also agrees that any proposed Assignee of the Contract will be required to certify that it is not on the prohibited entities list before SCWA may approve a request for Assignment of Contract During the term of the Contract, should SCWA receive information that a person is in violation of the above- referenced certification, SCWA will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then SCWA shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default.

SCWA reserves the right to reject any request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award.

2.12 METHOD OF AWARD

Contract will be awarded by grouped item totals.

Minimum Requirements

All selected Bidders shall have the required equipment and experience to perform the work as specified in Section III of this document. Award to Lowest Responsive and Responsible Bidder within each group.

The Authority reserves the right to require the low bidder to furnish complete financial statements and bank references. Before awarding the contract, the Authority will require any bidder to show that he has the necessary facilities, equipment, experience, ability and financial resources to perform the work in an expeditious and satisfactory manner.

The Authority reserves the right to consider bids for seventy-five (75) days after the date of receiving bids, waive any informalities or to reject any or all bids submitted, and to award the contract to that bidder whose bid in the opinion of the Authority, will be most advantageous to the Authority.

Suffolk County Water Authority also reserves the right to award the bid relating hereto by items in accordance with unit prices, or as a whole at the aggregate price or, in its discretion, reject bids or parts of bids in accordance with Section 1088 of the Public Authorities Law. Calculation errors will be resolved in favor of unit prices whenever possible. Suffolk County Water Authority will adjust total bid amounts accordingly.

The Authority reserves the right to enter into negotiations with the low bidder to ensure that the Authority is receiving the “Best & Final” offer.

The Bidders are required to submit with their bid all the specified information, documents and attachments as proof of compliance to the minimum qualification requirements; however, the Authority may, at its sole discretion, allow the Bidders to complete or supplement the qualifications requirement, and other related documents during the solicitation evaluation period. Failure to provide proof of compliance with the minimum qualification requirements, as specified by the Authority, shall result in the bidder’s submittal being declared non-responsive. The Authority shall be the sole judge of the Bidder’s conformance with the qualification requirements, and its decision shall be final. The Authority reserves the right to verify the information submitted by the Bidder and to obtain and to evaluate additional information, as it deems necessary, to ascertain the Bidders’ conformance to the minimum qualification requirements.

Local Small Business Enterprise Preference - If a local small business enterprise’s proposal is no more than Five Percent (5%) greater than the otherwise lowest responsive bid, the enterprise may be selected to provide the good or service, as the best value.

2.13 LIQUIDATED DAMAGES

Authority and if the undersigned bidder should refuse, fail or neglect to enter into contract or to file a satisfactory Guarantee Bond within thirty (30) days of the Agreement date, then at the option of the Suffolk County Water Authority the undersigned bidder may be considered to have abandoned the contract, and thereupon this proposal shall be null and void, and the deposit accompanying this Proposal shall be forfeited to and become the property of said Authority as liquidated damages for such failure or neglect, otherwise the deposit shall be returned to the undersigned. In the event a bid bond shall accompany this Proposal, the Authority shall declare said bond in default and take action accordingly under the terms of said bid bond.

2.14 FIXED PRICES / ADJUSTMENT

The initial unit prices proposed by the selected Bidder shall remain fixed for the duration of the contract term. NO ADJUSTMENT IN UNIT PRICES PERMITTED.

2.15 EXAMINATION OF CONTRACTOR FACILITIES AND INSPECTION OF CONTRACTOR EQUIPMENT

Before awarding the contract, the Authority will require any bidder to show that he has the necessary facilities, equipment, experience, ability and financial resources to supply and deliver the material specified and in quantities as required.

2.16 SUBSTITUTE AND/OR “EQUAL” PRODUCTS

Any manufacturers’ names, trade names, brand names or catalog numbers used in the specifications are for the purpose of establishing and describing general performances and quality levels. Such references are not intended to be restrictive, and bids are invited on these and comparable brands or products of any manufacturer unless specifically noted otherwise. Suffolk County Water Authority reserves the right to determine equivalency. Vendors bidding alternative products other than specified must provide samples within five (5) days prior to bid opening for analysis.

2.17 INDEMNIFICATION

The Contractor shall defend, indemnify and save harmless, to the extent permitted by law, the Suffolk County Water Authority, its members, officers, agents, servants, and employees against and from all suits, losses, demands, claims, payments, actions, recoveries, judgments and costs of every kind and description and from all damages to which the Suffolk County Water Authority or any of its members, officers, agents, servants and employees may be subjected by reason of injury to any person or to the property of the Suffolk County Water Authority or of others resulting from the performance of the Contract, or through any act or omission on the part of the Contractor or his agents, employees, servants or subcontractor(s), or through any improper or defective machinery, implements or appliances used by the Contractor, his agents, employees, servants or subcontractor(s) in the performance of the Contract, and Contractor understands and agrees that he shall defend, indemnify and save harmless, to the extent permitted by law, the Suffolk County Water Authority, its members, officers, agents, servants and employees from all suits and actions of any kind or character whatsoever which may be brought or instituted by any subcontractor, material man or laborer who has performed work or furnished materials, in the performance of the Contract.

2.18 INSURANCE REQUIREMENTS

The Contractor shall not be considered "approved" until it has obtained all insurance required under this specification and such insurance has been approved by the Authority.

Insurance coverage shall be provided by an Insurance Company licensed as an "admitted carrier" by the New York State Financial Services Department – Insurance Industry and rated by "Bests" at "A-" or better, or as otherwise deemed acceptable to SCWA.

Insurance coverage shall be evidenced by a Certificate(s) of Insurance (the “Certificate”) submitted on an “Acord” or equivalent from, which equivalent form to be acceptable to Suffolk County Water Authority. The Suffolk County Water Authority shall have the right to reject a Certificate if it reasonably deems that the Certificate does not meet the insurance requirements provided for in this Agreement and any amendment and/or renewal hereof. Certificate(s) documenting the CONTRACTOR’S continued compliance with this Paragraph shall be provided to Suffolk County Water Authority throughout the term of this Agreement or any amendment and/or renewal hereof.

Certificates are to be made out to: Suffolk County Water Authority Attention: Risk Management 4060 Sunrise Highway P.O. Box 38 Oakdale, NY 11769

Thirty (30) days' notice of cancellation, non-renewal or reduction of coverage is required.

For all liability policies other than Workers Compensation and Professional liability (if applicable), the Suffolk County Water Authority must be added to and insured as Additional Insured for ongoing and completed operations. Such policies shall be Primary and Non-Contributory. Evidence of this extension may be by a blanket additional insured endorsement to the policy, such endorsement to be submitted to Suffolk County Water Authority with the applicable certificate of insurance.

Mere recitation of the additional insured interest on the certificates may not be acceptable. Suffolk County Water Authority shall bear no responsibility for the payment of the CONTRACTOR'S / SUBCONTRACTOR’S premiums and the CONTRACTOR / SUBCONTRACTOR shall be responsible for any deductibles or retentions that may apply under any of the policies, including any OCP and any other policy taken out in the name of the Suffolk County Water Authority.

Coverage shall be obtained, and maintained throughout the life of the Contract as follows:

A. Automobile Liability: (if any vehicles are used by the CONTRACTOR or their subcontractors in the performance of this Contract)

Form: Comprehensive Automobile Liability, including all owned, non-owned, and hired autos.

Limits: 1,000,000 Combined Single Limit for Bodily Injury and Property Damage Liability, New York State Personal Injury Protection.

B. General Liability:

Form: Commercial General Liability in a form providing coverage not less than that of a standard Occurrence Commercial General Liability policy form including separate limits for Personal Injury, and Products/Completed Operations. Coverage to include Contractual Liability without an injured employee/third party action over exclusion.

ISO endorsement 20101219 or substantial equivalent as respects to ongoing operations, as well as, and ISO endorsement 20371219 or substantial equivalent as respects to products/completed operations must be added to policy.

General Liability insurance shall not contain restrictions that prohibit or limit coverage if an Owners and Contractors Protective liability policy (if required) also affords coverage.

Limits: $1,000,000 per occurrence/$2,000,000 general aggregate. $1,000,000 for Products/Completed Operations. $1,000,000 for Personal Injury Liability.

Product Liability Coverage Proof or the Manufacturer’s Vendor Endorsement

If you are not the Manufacturer of the Product(s), the Contractor (bidder or entity awarded the contract) shall provide to the Authority, proof of Product Liability coverage, usually on a standard ISO CGL Form without exclusions, or a Manufacturer’s Vendor Endorsement, evidencing liability insurance afforded to that Contractor.

Additional Vendor Endorsement & Product Liability Coverage Information

A Vendor Endorsement is an insurance coverage extension that provides liability insurance to entities (contractors, vendors, retailers, etc.) who sell or distribute or install the product. Manufacturers of the product typically purchase their own General Liability policy (which includes Product Liability coverage) under which they are the Named Insured. By utilizing a Vendor Endorsement, Contractors (retailers, etc.) can be treated as an Additional Insured for property damage or bodily injury as the result of the Manufacturer’s product.

This coverage, along with standard ISO CGL Form Product Liability coverage, helps ensure that the Contractor has the insurance protection it needs from either method – standard ISO CGL Form or the Manufacturer’s Vendor Endorsement.

C. Workers' Compensation:

Form: Providing coverage to all employees in all states where operations will be performed under the terms of the contract.

Limits: As required by the Workers' Compensation Law of the State of New York or any State or Federal body having jurisdiction over the location of operations being performed.

D. Excess Liability

Any entity, including any of CONTRACTOR'S, subcontractors, agents, or assigns, must maintain Excess Liability Limits of $2,000,000 on a form which follows the underlying coverage. Coverage to include Contractual Liability without an injured worker exclusion and/or a third-party action over exclusion.

Excess Liability insurance shall not contain restrictions that prohibit or limit coverage in the event that an Owners and Contractors Protective liability policy also affords coverage.

Miscellaneous:

i. All contracts between the General Contractor and a Subcontractor shall contain terms and conditions that require the Subcontractor to include the property owner (Suffolk County Water Authority) as an additional insured under all primary and excess liability policies. Such policies include General Liability, Excess Liability, and Auto Liability. The contractor shall furnish to Suffolk County Water Authority evidence of this provision contained in their contract with the subcontractor. In the event there is no written contract between the contractor and subcontractor, a Supplemental Insurance Agreement must be signed by the Contractor, Subcontractor, and the Suffolk County Water Authority. A specimen copy of the agreement will be provided.

ii. Suffolk County Water Authority must be notified of any substantial impairment of any of the above limits at the inception of and/or during the term of this Agreement.

iii. All Certificates must contain the following provisions:

Contract Number Indicate Suffolk County Water Authority is an Additional Insured Location and nature of activities on the Property.

The time period the Certificate covers

iv. All subcontractors shall adhere to all provisions contained in this insurance section (unless otherwise deemed acceptable by Suffolk County Water Authority).

v. Renewal Certificates shall be furnished to the Authority upon the expiration of current policies.

vi. SCWA shall be the sole judge in determining the acceptability of the insurance provided by the Contractor and may waive Contractor’s compliance with some or all of the requirements if it is deemed to be in the best interest of the SCWA.

SUBCONTRACTOR INSURANCE AGREEMENT

This Agreement made the ____ day of ______, 2025 is by and between Suffolk County Water Authority, with its principal office at P.O. Box 38, 4060 Sunrise Highway, Oakdale, New York, 11769, hereinafter “SCWA,” Contractor Name Here, hereinafter “Contractor Abbreviated Name” with offices at Address Here, and Subcontractor Name Here with offices at Address Here, hereinafter “Subcontract Abbreviated Name”, taken together the “Parties.”

WITNESSETH

Whereas, SCWA and Contractor Name Here executed SCWA Agreement #XXXX, “Description of Work ie. Furnish & Deliver PPE, Consumables and Vending Supplies, Suffolk County, New York ”on Date Goes Here, (the “SCWA Contract”), attached hereto and made a part hereof, and

Whereas, the SCWA Contract required Contractor Name Here to add SCWA to and insure SCWA as an additional insured under Contractor’s insurance policies for the types and limits set forth in the SCWA Contract, (collectively the “Insurance Requirements”) and

Whereas, Contractor Name Here wishes to retain Subcontractor Name Here as its subcontractor to perform certain portions of the work required under the SCWA Contract, and

Whereas, the Parties wish to enter into this Agreement to require Subcontractor Name Here to add SCWA as an additional insured under Subcontractor’s Name Here insurance policies for the types and limits set forth in the Insurance Requirements, and to require Subcontractor Name Here to indemnify SCWA against loss.

Now therefore the Parties agree as follows.

1. The above recitals are incorporated herein.

2. Subcontractor Name Here has reviewed the SCWA Contract and agrees to adhere by the

Insurance Requirements. Subcontractor Name Here will add SCWA to and insure SCWA as an additional insured under the Insurance Requirements. The Parties agree that the intent of this Agreement is to create an obligation for Subcontractor Name Here to insure SCWA under the same terms and conditions that Contractor Name Here insures SCWA under the SCWA Contract.

3. Subcontractor Name Here will provide evidence of such coverage to SCWA as deemed acceptable by SCWA. Subcontractor Name Here shall not commence any activity authorized under the SCWA Contract until SCWA approves the coverage.

4. Subcontractor Name Here shall defend, indemnify and save harmless, to the extent permitted by law, the Suffolk County Water Authority, its members, officers, agents, servants, and employees against and from all suits, losses, demands, claims, payments, actions, recoveries, judgments and costs of every kind and description and from all damages to which the Suffolk County Water Authority or any of its members, officers, agents, servants and employees may be subjected by reason of injury to any person or to the property of the Suffolk County Water Authority or of others resulting from the performance of the SCWA Contract, or through any act or omission on the part of Subcontractor Name Here or its agents, employees, servants or subcontractor(s), or through any improper or defective machinery, implements or appliances used by Subcontractor Name Here, its agents, employees, servants or subcontractor(s) in the performance of the SCWA Contract, and Subcontractor Name Here understands and agrees that it shall defend, indemnify and save harmless, to the extent permitted by law, the Suffolk County Water Authority, its members, officers, agents, servants and employees from all suits and actions of any kind or character whatsoever which may be brought or instituted by any subcontractor, material man or laborer who has performed work or furnished materials, in the performance of the SCWA Contract.

5. The provisions of this Agreement are additive to Agreement #8152 and in no manner diminish or impair SCWA’s rights or Contractor’s Name Here obligations under the same.

6. The term of this Agreement is effective as of the date of signing below and will remain in effect throughout the life of the SCWA Contract.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and to be effective as of the date first above written.

Suffolk County Water Authority

By:__________________________ Jeffrey W. Szabo, CEO

Date: ________________________

Contractor Name Here

By: __________________________

Date: _________________________

Subcontractor Name Here

By: _________________________

Date: ________________________

2.19 TAXES

The SCWA, as a public-benefit corporation, is exempt from the Federal Excise Tax and New York State Sales Tax. The Bidder shall not include any Federal Excise Tax or New York Sales Tax in this Bid.

2.20 METHOD OF PAYMENT

Awarded Bidder(s) shall submit an invoice(s) to SCWA’s Accounts Payable Department in an electronic format to the following email address: accountspayable@scwa.com after purchase/service has been completed and/or product delivered to the site by the selected Bidder. In addition to the general invoice requirements set forth below, the invoices shall reference the corresponding delivery ticket number or packing slip number that was signed by an authorized representative of SCWA at the time the items were delivered and accepted or services provided. Submittal of these invoices shall not exceed thirty

(30) calendar days from the delivery of the items. Under no circumstances shall the invoices be submitted to SCWA in advance of the delivery and acceptance of the items.

All invoices shall contain the following basic information:

I. Vendor Information:

• The name of the business organization as specified on the contract between SCWA and vendor

• Date of invoice

• Invoice number

• Vendor’s Federal Identification Number on file with SCWA

II. SCWA Information:

• SCWA Purchase Order

III. Pricing Information:

• Unit price of the goods, services or property provided

• Extended total price of the goods, services or property

• Applicable discounts

IV. Goods or Services Provided per Contract:

• Description

• Quantity

V. Delivery Information:

• Delivery terms set forth within the SCWA Purchase Order

• Location and date of delivery

Failure to submit invoices in the prescribed manner will delay payment.

2.21 ESCALATOR CLAUSE - NOT APPLICABLE

2.22 SHIPPING TERMS

The vendor shall deliver all materials from Group I by Truck, F.O.B. to the Suffolk County Water Authority’s Warehouse Dock, located at 4060 Sunrise Highway and 15 Pond Road, Oakdale, New York. Group II materials will be delivered in bulk to Oakdale as stated above or shall be delivered to various locations stated in Section III with the sole purpose of restocking the vending machines by the vendor. The contents must be delivered to Oakdale on a pallet, and each pallet shall be clearly marked on the pallet the contents of items contained on each pallet. These pallets shall be removed from the truck by the Water Authority with its forklift equipment.

All deliveries will be accepted between the hours of 9:00 a.m. and 3:00 p.m. only.

2.23 DELIVERY SHALL BE WITHIN THIRTY (30) CALENDAR DAYS OF DATE OF PURCHASE ORDER

OR WITHIN 24 HOURS OF NOTIFICATION FROM VENDING MACHINES AS STATED IN

SECTION III.

The completion time for each Purchase Order is thirty (30) calendar days from date written Purchase Order or twenty-four (24) hours of vending machine notification as described in Section III. Failure of the vendor to furnish the equipment/materials at the specified time will result in an immediate stoppage of all payments for the order and the Authority has the right to seek similar materials from a vendor that can supply the specified materials the quickest. Any and all increased costs incurred by the Authority will be the responsibility of the delinquent vendor who fails to supply the said materials within the time frame said above. This policy will be strictly enforced unless an agreement is made prior to the expiration of the timeframe said above.

2.24 BACK-ORDER DELAYS IN DELIVERY SHALL NOT BE ALLOWED

The SCWA shall not accept any back orders of deliveries from the selected Bidders unless otherwise agreed upon, in writing, at the time of the award of a specific purchase. Accordingly, the selected Bidder is required to deliver all items to SCWA within the time specified in this solicitation. No grace period shall be honored unless written authorization is issued by the originator of the order and a recommitted date is established. The selected Bidder shall not invoice SCWA for back ordered items until such back ordered items are delivered and accepted by SCWA’s authorized representative. It is understood and agreed that SCWA may, at its discretion, cancel back orders, in writing, after the recommitted date has lapsed, seek the items from another bidder, and charge the selected Bidder for any directly associated re-procurement costs. If the selected Bidder fails to honor these re-procurement costs, SCWA may terminate the selected Bidder from the contract for default.

2.25 WARRANTY SHALL BE TWO YEARS FROM DATE OF ACCEPTANCE

A. Type of Warranty Coverage Required

In addition to all other warranties that may be supplied by the selected Bidder, the Bidder shall warrant its product and/or service against faulty labor and/or defective material for a minimum period of two years after the date of acceptance of the labor, materials and/or equipment by SCWA. This warranty requirement shall remain in force for the full period identified above; regardless of whether the selected Bidder is under contract with SCWA at the time of defect. Any payment by SCWA for the goods or services received from the selected Bidder does not constitute a waiver of these warranty provisions.

B. Correcting Defects Covered Under Warranty

The contractor / vendor shall be responsible for the removal and replacement of any defective material provided under this contract to the Authority and its Authorized Users for twenty-four (24) months after being placed in service. Placed in service shall be the “In service” date as used by the Authority to denote water mains that have been installed, passed their laboratory testing, and are able to supply potable water.

2.26 COMPLIANCE WITH FEDERAL STANDARDS

All items to be purchased under this solicitation shall be in accordance with all governmental standards, to include, but not limited to those issued by the American National Standards Institute (ANSI), the American Society for Testing and Materials (ASTM), the Environmental Protection Agency (EPA), the Instrument Society of America (ISA), the International Standards Organization (ISO), the National Fire Protection Association (NFPA), the National Sanitation Foundation (NSF), the Occupation Safety and Health Administration (OSHA), and American Water Works Association

(AWWA).

It shall be the responsibility of all selected Bidders to be regularly informed and to conform to any changes in standards issued by any regulatory agencies that govern the commodities on this solicitation during the term of the contract.

2.27 DAMAGED GOODS WHEN SHIPPING IS PROVIDED BY VENDOR

The selected Bidder shall file, process, and collect all damage claims against the shipper.

2.28 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS

The selected Bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the selected Bidder in conjunction with the resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to SCWA by the selected Bidder are found to be defective or do not conform to specifications: (1) the materials may be returned to the selected Bidder at the Bidder’s expense and the contract cancelled and/or (2) SCWA may require the selected Bidder to replace the materials at the selected Bidder’s expense.

2.29 PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY

The selected Bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall include information pertaining to tare weight and laden weight to ascertain weight of actual product delivered and shall be made available to SCWA's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered clearly labeled with SCWA Part Numbers.

2.30 PATENTS AND ROYALTIES

The selected Bidder, without exception, shall indemnify and save harmless SCWA and its employees from liability of any nature or kind, including cost and expenses for, or as a result of, any claim of infringement, violation, non-permitted use or other claim of any copyrighted, patented, or unpatented invention, process, or article manufactured by the selected Bidder. The selected Bidder will provide prompt written notification of a claim of copyright or patent infringement.

Further, if such a claim is made or is pending, the selected Bidder may, at its option and expense, procure for the purchaser the right to continue use of, replace or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, SCWA agrees to return the article on request to the selected Bidder and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the selected Bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the contract prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.

2.31 PURCHASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION BASED ON PRICE

QUOTES

While SCWA has listed all major items within this solicitation which are utilized by SCWA departments in conjunction with their operations, there may be similar items that must be purchased by SCWA during the term of this contract. Under these circumstances, a SCWA representative will contact the primary selected bidder to obtain a price quote for the similar items. If there are multiple selected Bidders on the contract, SCWA representatives may also obtain price quotes from these Bidders.

SCWA reserves the right to award these similar items to the primary selected Bidder, another selected Bidder based on the lowest price quoted, or to acquire the items through another means.

2.32 SPECIFICATIONS, SAFETY DATA SHEETS (SDS), AND PARTS MANUALS TO BE PROVIDED

Bidders are required to submit the SDS for any product containing a hazardous chemical as defined by OSHA on the bid list and are further required to provide updated SDS as they are updated by the respective manufacturers. Bidders are required to submit technical specifications, drawings, Spec Sheets of products they are submitting a Bid for. Failure to submit the required documentation may constitute grounds for rejection of your bid.

2.33 TESTING OF RANDOM SAMPLES OF DELIVERED PRODUCTS

During the term of the contract, samples of delivered items may be randomly selected and tested for compliance with these specifications. If it is found that the delivered commodities do not conform to the specifications, SCWA shall require replacement within a reasonable length of time and may cancel the contract for cause.

2.34 PRE-BID SAMPLES OF PROPOSED FURNISHED PRODUCTS

Bidders shall submit samples of each item, they are proposing to furnish, at the time of bid submission.

Vendors bidding alternative products other than specified must provide samples no later than five (5) days prior to bid opening for analysis. Submissions should be delivered to Suffolk County Water Authority, 4060 Sunrise Highway, Oakdale, NY 11769. Please mark attention Purchasing Manager, Samples Contract No. 8152. Items shall be tagged/labeled with the appropriate manufacturer item number and description for proper comparison and or equal approval.

2.35 CONTRACT ADMINISTRATION

EVALUATION AND DOCUMENTATION OF VENDOR PERFORMANCE

(a) Criteria. Performance evaluation shall conform to the requirements of the contract, including, but not limited to, quality and timeliness of performance, and fiscal administration and accountability. The Authority has identified specific objectives and evaluation criteria (i.e.

product / service meets the needs / complies with contract specifications, timeliness of orders / completion of service, accounting, responsiveness to inquiries, professionalism, etc.) to be included as part of the contract. In addition, were practicable, the Authority has developed both qualitative and quantitative performance indicators, including outcome criteria.

(b) Frequency. The Authority shall monitor the vendor’s performance against such standards and indicators on an ongoing basis and sufficiently far in advance of the end of the contract term to determine whether an existing contract should be extended, renewed, terminated, or allowed to lapse. performance evaluation shall be done no less than once annually except for procurements below the small purchase limits. An evaluation report shall be prepared only in cases of deficient performance for small purchases. Notification to the vendor of deficient performance shall be made as soon as practicable and shall not await the annual evaluation. The Authority’s Purchasing Director shall establish procedures to ensure systematic evaluation of vendor performance.

(c) Report and Vendor Response. The evaluation and supporting documentation shall be incorporated in the report. A copy of the evaluation report shall be sent promptly to the vendor. Within fifteen days of receipt of a copy of the evaluation report (or any notification of deficient performance), the vendor shall respond in writing to the Authority’s Purchasing Director. Such response shall include a corrective action plan identifying with specificity the steps the vendor intends to take to remedy any deficiencies identified by the Authority.

Failure to respond within the specified time shall constitute the vendor's agreement with the contents of the report but will not release the vendor from its obligations under this section.

The Purchasing Director shall file the evaluation report within the vendor / contractor folder for storage and retrieval.

2.36 CONFIDENTIAL INFORMATION

SCWA is subject to the provisions of the New York State Freedom of Information Law (“FOIL”). Under FOIL, certain SCWA records are subject to public inspection upon request. However, trade secrets or information submitted to SCWA which if disclosed would cause substantial injury to the competitive position of a commercial enterprise may be (but are not automatically) exempt from public inspection under FOIL.