MC98-06232-5359 ROADWORK AND UNDERGROUND UTILITIES.pdf

New Procurement Law Change

IMPORTANT - Please be aware that all bids are governed under the State Finance Law Sections 139-j and 139-k (collectively, the "Procurement Requirements"). The Procurement Requirements govern permissible communications between potential respondents and

NHCC with respect to this solicitation during the procurement process and establish sanctions for knowing and willful violations of the provisions of the Procurement Requirements, including disqualification from eligibility for an award of any contract pursuant to this solicitation. All questions, comments, requests for clarification and other communications regarding this solicitation must be in writing and submitted to the individual identified as the "Buyer”, or other contact if so stated within bid. Contact with any other person regarding this solicitation is prohibited by law. All questions and requests for clarification will be responded to in writing and disseminated to all persons and organizations having expressed an interest in this solicitation. All potential Respondents are solely responsible for full compliance with the Procurement Requirements.

See section within bid titled “Procurement Requirements” for complete explanation and requirements.

Thank you

Director of Purchasing

Nassau University Medical Center

Nassau Health Care Corporation

NASSAU UNIVERSITY MEDICAL CENTER

A. HOLLY PATTERSON EXTENDED CARE FACILITY

ELMONT HEALTH CENTER – FREEPORT – ROOSEVELT HEALTH CENTER – NEW CASSELL - WESTBURY HEALTH CENTER INWOOD-LAWRENCE HEALTH CENTER – HEMPSTEAD COMMUNITY HEALTH CENTER – LONG BEACH HEALTH CENTER

The Office of Home Care, A Certified Home Health Agency

TO PROSPECTIVE BIDDER:

➢ See Clause 42 for Mandatory Instructions – Failure to abide by these mandatory instructions may be grounds for disqualification.

➢ Sealed bids must be returned to the Nassau University Medical Center's

PURCHASING DEPARTMENT, “DCB” Bldg, Ground Floor Room D415, BY 11:00 A.M. by the date indicated on the bid. Any bid received after 11:00

AM will not be accepted.

➢ Each response should be in the envelope provided with the bid, or if obtained electronically, in an envelope of your choice. The envelope MUST be sealed and include the BID NUMBER AND YOUR RETURN ADDRESS, clearly inscribed on the outside.

➢ If you are responding to a bid and replying via special delivery services, (Federal

Express, Express Mail, etc.) the mailing MUST indicate "ATTENTION

PURCHASING DEPARTMENT", MUST have the BID NUMBER clearly marked on the outside of the package and must arrive at the PURCHASING

DEPARTMENT, “DCB” Bldg, Ground Floor Room D415, BY 11:00 A.M.

We urge you to mail early to allow yourself plenty of time.

➢ In addition to the many Bid Clauses in this Sealed Bid the Additional Bid Clauses that are indicated on page #4 ( the boxes will be checked off ) will also apply to this bid.

➢ Please pay particular attention to all pages and sign each page where requested.

Thank you

Director of Purchasing

Nassau University Medical Center

NASSAU UNIVERSITY MEDICAL CENTER

A. HOLLY PATTERSON EXTENDED CARE FACILITY

ELMONT HEALTH CENTER – FREEPORT – ROOSEVELT HEALTH CENTER – NEW CASSELL-WESTUBRY HEALTH CENTER

INWOOD-LAWRENCE HEALTH CENTER – HEMPSTEAD COMMUNITY HEALTH CENTER – LONG BEACH HEALTH CENTER

The Office of Home Care, A Certified Home Health Agency

FORMAL SEALED BID PROPOSAL

NASSAU HEALTH CARE CORPORATION BID NUMBER

MC98-06232-5359

NASSAU UNIVERSITY MEDICAL CENTER

2201 HEMPSTEAD TURNPIKE

EAST MEADOW, NEW YORK 11554 BID OPENING DATE

June 23, 2022 11:00 A.M.

BUYER TELEPHONE REQUISITION NUMBER

Cathy Iacopelli ciacopel@numc.edu 516-572-6722 5281

GUARANTEED DELIVERY DATE

___________DAYS

AFTER RECEIPT OF ORDER

DELIVERY TO BE MADE TO: NASSAU UNIVERSITY MEDICAL CENTER

EAST MEADOW, NEW YORK 11554

Or if different, as specified on Purchase Order.

NAME OF BIDDER

ADDRESS

CITY STATE ZIP CODE TELEPHONE

SIGNATURE OF AUTHORIZED INDIVIDUAL PRINT OR TYPE NAME OF SIGNER AND TITLE

This sealed bid shall be signed by an official authorized to bind the Firm. This sealed bid shall also provide the name, title, address, and telephone number of the individual(s) with authority to negotiate and contractually bind the company, and who also may be contacted during the period of contract.

PREPARE YOUR BID ON THIS FORM USING BLACK INK OR TYPEWRITER

BID TITLE: ROADWORK AND UNDERGROUND UTILITIES

ALL BIDS MUST BE F.O.B. DESTINATION AND INCLUDE DELIVERY WITHIN DOORS UNLESS OTHERWISE SPECIFIED

THE UNDERSIGNED BIDDER AFFIRMS AND DECLARES THAT HE HAS CAREFULLY EXAMINED THE ADVERTISED INVITATION FOR BIDS, THE BID TERMS AND CONDITIONS, AND DETAILED SPECIFICATIONS, AND CERTIFIES THAT THIS BID IS SIGNED WITH FULL KNOWLEDGE AND ACCEPTANCE OF ALL THE PROVISIONS THEREOF AND OFFERS AND AGREES, IF THIS BID IS ACCEPTED WITHIN SIXTY DAYS FROM THE BID OPENING DATE, TO FURNISH ANY OR ALL THE ITEMS UPON WHICH PRICES ARE HEREINAFTER QUOTED IN THE QUANTITY AND AT THE

PRICES BID.

IN EXECUTING THIS BID, THE BIDDER WARRANTS THAT THE PRICES SUBMITTED HEREIN ARE NOT HIGHER THAN THOSE OFFERED TO ANY GOVERNMENTAL OR COMMERCIAL CONSUMER FOR LIKE DELIVERIES. THE PRICES HEREIN SHOULD NOT INCLUDE ANY FEDERAL EXCISE TAXES OR SALES TAXES IMPOSED BY ANY STATE OR MUNICIPAL GOVERNMENT. SUCH TAXES, IF INCLUDED, MUST BE DEDUCTED BY THE BIDDER WHEN SUBMITTING BID. BIDDERS ARE REQUESTED TO ALSO READ THE TERMS AND CONDITIONS.

EMPLOYERS FEDERAL TAX

IDENTIFICATION NUMBER

CASH DISCOUNT OF PERCENT WILL BE ALLOWED FOR PROMPT PAYMENT WITHIN 30 DAYS

CASH DISCOUNT OF PERCENT WILL BE ALLOWED FOR PROMPT PAYMENT WITHIN 60 DAYS

CASH DISCOUNT OF PERCENT WILL BE ALLOWED FOR PROMPT PAYMENT WITHIN 90 DAYS

IF NO DISCOUNT IS SHOWN PAYMENT TERMS WILL BE NET 90

BID TERMS AND CONDITIONS PAGE 2 BID NO. MC98-06232-5359

1. Bids on equipment must be standard new equipment, latest model, except as otherwise specifically stated in proposal or detailed specification. Where any party of nominal appurtenances of equipment is not described, it shall be understood that all equipment and appurtenances which are usually provided in the manufacturer's stock model shall be furnished.

2. Bids on materials and supplies must be for new items except as otherwise specifically stated in bid or detailed specification.

3. Bidder declares that the bid is made without any connection with any other Bidder, submitting a bid for the same items, and is in all respects fair and without collusion or fraud.

4. PRICES The provisions of the New York State Fair Trade Law (Fed-Crawford Act) and the federal price discrimination law (Robinson-Patman Act) do not apply to purchases made by the

Nassau Health Care Corporation.

5. SURETY In the event that an award is made hereunder, The Director of Purchase, Nassau University Medical Center, (hereinafter known as the Director of Purchase) reserves the right to request successful bidders to post, within one week, security for faithful performance with the understanding that the whole or any part thereof may be used by the Nassau Health Care Corporation to supply any deficiency that may arise from any default on the part of the Bidder.

Such security must meet all the requirements of the County Attorney and be approved by the

Nassau Health Care Corporation Attorney.

6. SAMPLES Samples, when required, must be submitted strictly in accordance with instructions, otherwise bid may not be considered. If samples are requested subsequent to bid opening they shall be delivered within five (5) days of the request for bid to have consideration.

Samples must be furnished free of charge and must be accompanied by descriptive memorandum invoices indicating if the Bidder desires their return; also specifying the address to which they are to be returned, provided they have not been used or made useless by tests. Award samples may be held for comparison with deliveries.

7. AWARD The Director of Purchase reserves the right before making award to make investigations as to whether or not the items, qualifications or facilities offered by the Bidder meet the requirements set forth herein and are ample and sufficient to insure the proper performance in the event of award. The Bidder must be prepared, if requested by the Director of

Purchase to present evidence of experience, ability and financial standing, as well as a statement as to plant, machinery and capacity of the manufacturer for the production and distribution of the material on which he is bidding. Upon request of the Director of Purchase, successful bidder shall file certification from the manufacturer relative to authorization, delivery, service and guarantees. If it is found that the conditions of the bids are not compiled with or that articles or equipment proposed to be furnished do not meet the requirements called for, or that the qualifications, financial standing or facilities are not satisfactory, the Director of Purchase may reject such bids. It is distinctly understood, however, that nothing in the foregoing shall mean or imply that it is obligatory upon the Director of Purchase to make any examinations before award;

and it is further understood that, if such examination is made, it in no way relieves the Bidder from fulfilling all requirements and conditions of the bid.

8. Awards will be made to the lowest responsible Bidder. Cash discounts will not be a factor in determining awards, except in tie bids. Consideration will be given to the reliability of the

Bidder, the qualities of the materials, equipment or supplies to be furnished, their conformity with the specifications, the purpose for which required and the terms of delivery.

9. The Director of Purchase reserves the right to reject any and all bids in whole or in part and to waive technical defects, irregularities and omissions if in his judgment the best interests of the Nassau Health Care Corporation will be served.

10. Unless otherwise indicated herein, the Director of Purchase reserves the right to make award by items, by classes, by groups of items or as a whole.

11. DELIVERIES Upon failure of the Vendor to deliver within the time specified, or within reasonable time as interpreted by the Director of Purchase, or failure to make replacement of rejected articles, when so requested immediately or as directed by the Director of Purchase. The

Director of Purchase may purchase from other sources to take the place of the item rejected or not delivered. The Director of Purchase reserves the right to authorize immediate purchase from other sources against rejections on any order when necessary. On all-such purchases the Vendor agrees to promptly reimburse the Nassau Health Care Corporation for excess cost occasioned by such purchases. Should the cost be less, the Vendor shall have no claim to the difference. Such purchases will be deducted from order quantity.

12. An order may be cancelled at the Vendor's expense upon nonperformance. Failure of the Vendor to furnish additional surety within ten (10) days from date of request shall be sufficient cause for the cancellation of the order.

13. When in the determination of the Director of Purchase, the articles or equipment delivered fail to meet Nassau Health Care Corporation specifications or, if in the determination of the

Director of Purchase, the Vendor consistently fails to deliver as ordered, the Director of Purchase, reserves the right to cancel the order and purchase the balance from other sources at the Vendor's expense.

14. Delivery must be made as ordered and in accordance with the bid. If delivery instructions do not appear on order, it will be interpreted to mean prompt delivery. The decision of the Director of Purchase, as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in receipt of order shall rest with the

Vendor.

15. The Nassau University Medical Center will not schedule any deliveries for Saturdays, Sundays or Legal Holidays, except commodities required for daily consumption or where the delivery is an emergency, a replacement, or is overdue, in which event the convenience of the Agency will govern.

16. Supplies shall be securely and properly packed for shipment, according to accepted commercial practice, without extra charge for packing cases, reels, bailing or sacks, the containers to remain the property of the Agency unless definitely stated otherwise in the bid.

17. The Vendor shall be responsible for delivery of supplies in good condition at point of destination.

The Vendor shall file all claims with carrier for breakage, imperfections and other losses, which will be deducted from invoices. The receiving Agency will note for the benefit of Vendor when packages are not received in good condition.

18. All supplies which are customarily labeled or identified must have securely affixed thereto the original unmutilated label or marking of the manufacturer.

19. Billings for deliveries must be submitted in detail to Accounts Payable.

20. Furniture, machines, and other equipment must be delivered, installed and set in place as directed, ready for use unless otherwise specified.

21. Deliveries are subject to reweighing at destination by the Nassau Health Care Corporation and payment will be made on the basis of net weight of materials delivered. Normal shrinkage will be allowed in such instances where shrinkage is possible. Short weight shall be sufficient cause for cancellation of order at Vendor's expense.

22. GUARANTEES BY BIDDER Bidder hereby guarantees: (a) To save the Nassau Health Care

Corporation, its' agents and employees harmless from liability of any nature or kind for the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance hereof of which the Bidder is not the Patentee, assignee or licensee, and to defend any action brought against the Nassau Health Care Corporation in the name of the Nassau Health Care Corporation and under the direction of the Nassau Health Care

Corporation Attorney at the sole cost of the Bidder or in the sole option of the Director of Purchase, to pay the cost of such defense to the Nassau Health Care Corporation.

(b) His products against defective material or workmanship and to repair or replace any damages or marring occasioned in transit.

(c) To furnish adequate protection from damage for all work and to repair damages of any kind, for which he or his workmen are responsible, to the building or equipment, to his own work or to the work of other Vendors, or in the opinion of the Director of Purchase, to pay for the same by deductions in payments due under this contract.

(d) To pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and regulations of the city, village or town in which the installation is to be made, and of the

County of Nassau and the State of New York.

(e) To carry proper insurance in the opinion of the Director of Purchase, and approved by the Nassau Health Care Corporation Attorney to protect the Nassau Health Care Corporation from loss in case of accident, fire and theft.

(f) That he will keep himself fully informed of all municipal ordinances and regulations, state and national laws in any manner affecting the work or goods herein specified, and any extra work contracted for by him, and shall at all times observe and comply with said ordinances, laws and regulations, including all provisions of the Workmen's Compensation and Labor Laws, and shall indemnify and save harmless the Nassau Health Care Corporation from loss and liability upon any and all claims on account of any physical injury to persons, including death, or damage to property and from all costs and expenses in suits which may be brought against the same on account of such injuries irrespective of the actual cost of the same and irrespective of whether the same shall have been due to the negligence of the Bidder or his agents or the Nassau Health Care Corporation or their respective agents.

(g) That the items furnished shall conform to all the provisions of the bid and this warranty shall survive acceptance, or use of any material so furnished.

(h) That all deliveries will not be inferior to the accepted bid sample.

23. LABOR LAWS and ANTI-DISCRIMINATION Upon the vendor's acceptance hereof, the vendor agrees to comply with Article IX, Section 2C of the Constitution of the State of New York, Section 220, 220a, 220b, 220d, 220e and 230 of the Labor Law, Section 5 and 12 of the Lien Law, Article 2 of the Uniform Commercial Code, Section 108 and 109 as well as Article 18 of the General Municipal Law, Section 22-4.2 of the Nassau County Administrative Code, the provisions of the Anti-

Discrimination Order of Nassau County, and the vendor shall keep himself fully informed of all additional municipal ordinances and regulations, State and National Laws in any manner affecting this order and the goods or services delivered or rendered or to be delivered or rendered thereunder, and shall at all times observe and comply with said ordinances, laws and regulations at his sole cost and expense.

24. ASSIGNMENT The contractor is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this contract or of his right, title, or interest therein, or his power to execute such contract to any other person or corporation without the previous consent in writing of the officer, board or agency awarding the contract.

25. The Nassau Health Care Corporation will not be responsible nor liable for any shipment or delivery of any materials, supplies, or equipment without its' express written instructions or valid Purchase Order.

26. No agreements, changes, modifications or alterations shall be deemed effective nor shall the same be binding upon the Nassau Health Care Corporation unless in writing and signed by the Director of Purchase, or his duly designated representative.

ALL BIDS MUST BE FOB DESTINATION AND INCLUDE DELIVERY WITHIN DOORS UNLESS OTHERWISE SPECIFIED.

BIDDER SIGN HERE________________________________________________TITLE____________________________________

REV 2/18/05

PAGE 5 BID NO. MC98-06232-5359

BIDDER SIGN HERE _____________________________________________TITLE______________________________ REV 3.7.07 Printed 06/01/2022, NOTICE

RIGHT TO KNOW LAW AND "OSHA"

ALL BIDDERS MUST COMPLY WITH THIS REQUIREMENT OR YOUR BID

WILL BE AUTOMATICALLY REJECTED.

"PURSUANT TO ARTICLE 28, SECTION 876 OF THE LABOR LAW OF THE STATE OF NEW

YORK, THE NASSAU HEALTH CARE CORPORATION HAS MANDATED EMPLOYER'S

RESPONSIBILITY TO PROVIDE NOTICE TO EMPLOYEES REGARDING TOXIC

SUBSTANCES. TO SATISFY THIS MANDATED REQUIREMENT, WE MUST ASK FOR

YOUR COOPERATION. SOME OF THE MATERIAL ON THIS BID MAY CONTAIN TOXIC

SUBSTANCES. THEREFORE, YOU MUST SUBMIT, WITH YOUR BID, "MATERIAL SAFETY

DATA SHEETS" FOR ALL MATERIALS TO BE SUPPLIED PURSUANT TO THIS BID.

FAILURE TO PROVIDE THIS INFORMATION WITH THE BID

WILL RESULT IN AUTOMATIC REJECTION OF THE BID.

IF YOUR PRODUCT DOES NOT CONTAIN TOXIC SUBSTANCES, PLEASE SIGN THE

FOLLOWING CERTIFICATION:

CERTIFICATION:

I HEREBY CERTIFY THAT I HAVE READ THE NASSAU HEALTH CARE CORPORATION’S

NOTICE, AND FURTHER CERTIFY THAT ITEMS NUMBERED______________ DO NOT

CONTAIN ANY TOXIC SUBSTANCES.

Signature _______________________________________________________

Title __________________________________________________________

Date __________________________________________________________

SIGN

HERE

PAGE 6 BID NO. MC98-06232-5359

BIDDER SIGN HERE _____________________________________________TITLE______________________________ REV 3.7.07 Printed 06/01/2022, THE UNCHECKED CLAUSES LISTED BELOW DO NOT APPLY TO THIS BID

1 - PURPOSE -P/O

2 - SCOPE - B/O

3 - PERIOD COVERED - B/O

4 - DELIVERY

5 - BILLING

5A PARTIAL PAYMENTS ALLOWED

6 -APPROXIMATE QUANTITIES

7 - ADDITIONAL BIDS

8 - FIRM PRICES - B/O

8A - PRICE CHANGES, GOVERNMENT

CONTRACTS

9 - PRICES LISTS / CATALOGS

10 - SAMPLES

11 - SPECIFICATION

12 - EQUIVALENT BIDS

13 - PRODUCT IDENTIFICATION

14 - CLAIM AGAINST “EQUAL OR BETTER”

15 - ALTERNATE BIDS

16 - DELIVERY DATE

17 - SHIPPING CHARGES

18 - BID SECURITY

19 - SURETY

20 - WARRANTY

21 - REPLACEMENT PARTS

22 -NON-ASSIGNMENT

23 - AWARD

24 - REDUCTION IN PRICES

25 - PRICE PROTECTION

26 - EXPIRATION DATING

27 - DETAILED SPECIFICATIONS

28 - NEW YORK STATE PRICES

29 - INSTALLATION

30 - INSURANCE / WORKER’S COMPENSATION

30A - UMBRELLA LIABILITY INSURANCE POLICY

30B - PRODUCT LIABILITY INSURANCE

30C - COMPLETED OPERATIONS INSURANCE

30D - PROFESSIONAL LIABILITY INSURANCE

30E - GENERAL LIABILITY / HOLD HARMLESS

31 - MANUALS / IN-SERVICE VIDEO

32 - GENERAL SERVICE/REPAIR CONDITIONS

33 - ACCESS CLAUSE

34 - INVOICING FOR PAYMENT

34A – TIME AND MATERIAL PAYMENT IN DETAIL

35 - ADDITIONAL ITEMS - B/O

36 - DEFAULT

37 - CONFIDENTIALITY

38 - TERMINATION PREROGATIVE - B/O

39 - LABOR LAW (SEE NYS PRC#2022006119)

40 - TRADE - INS (clause #30 must be checked if this clause is checked and inspection is required)

41 - TITLE TO EQUIPMENT

42 - GENERAL INSTRUCTIONS

43 - QUALIFICATION STATEMENT

44 - PRE BID SITE VISIT(S)

45 – MANDATORY BIDDERS WALK THROUGH

46 - NAMES ONLY AT BID OPENING

47 – CONTRACTORS SPECIFIC CONDITIONS

48 – STATEMENT OF CONFIDENTIALLY

NON-COLLUSIVE BID CERTIFICATION FORM

PROCUREMENT LAW REQUIREMENTS FORM

GUIDELINES-PREVENTION OF INFECTION FORM

CONTRACTOR (VENDOR) CERTIFICATION FORM

VENDOR INFORMATION FORM

REQUEST FOR TAXPAYER ID FORM

RIGHT TO KNOW AND OSHA FORM

PAGE 7 BID NO. MC98-06232-5359

BIDDER SIGN HERE _______________________________________________TITLE_______________________________

REV 3.7.07 Printed 06/01/2022, 9:37 AM

DEFINITIONS:

• The term “County” as used herein, shall be deemed as reference to the County of Nassau, State of New York.

• The term “NUMC” as used herein, shall be deemed as reference to the Nassau University Medical Center.

• The term “AHPECF” as used herein, shall be deemed as reference to the A. Holly Patterson Extended Care Facility.

• The term “NHCC” as used herein, shall be deemed as reference to the Nassau Health Care Corporation.

• The term “Contractor” as used herein, shall be deemed as reference to the bidder, vendor, proprietor, partnership or corporation bidding in the hopes of receiving an award to perform any or all of the services specified herein in accordance with the terms of this agreement, and refers to any other party other than the NHCC.

• The term “agency” as used herein, shall be deemed as the department, division, bureau, office, agency, or other NHCC establishment authorized to received the service specified herein.

• The term “Director” as used herein, shall be deemed as reference to the Technical Coordinator of Purchase, NHCC.

• The term “Blanket Order” as used herein, shall be deemed as the multiple use Pricing Agreement as a result of this bid.

• The term “Purchase Order” as used herein, shall be deemed as the single use Pricing Agreement as a result of this bid.

• The term COMPLETE as written in this bid must include all equipment, delivery and installation of same in its entirety, as listed in the contract documents, and is to include all supervision, labor, materials, plant equipment, transportation, testing (if required) incidentals, and other facilities as necessary and/or required to execute all the work as herein specified, or as incidentally required to provide a complete operating installation.

1.

PURPOSE: The purpose of this bid is to establish a price structure on which items and/or services listed herein will be purchased at once.

2.

SCOPE: The purpose of this bid is to establish a price basis upon which Blanket Orders may be issued for the procurement and/or service(s) by the NHCC, of the merchandise and/or service(s) specified herein. It is the intent of the

NHCC to properly describe by the specifications, terms and conditions an adequate method of providing

Award, if any, will be made to the lowest responsible bidder, who, in the opinion of the NHCC, meets the specifications and qualifications stated herein. The award will be in the form of a Blanket Order which, when issued and executed by the NHCC, will enable the successful bidder to perform the services specified herein for the period indicated and at the prices bid, upon the receipt of a signed Delivery Order.

3.

PERIOD COVERED: Shall be for one (1) year from the date of issuance. The NHCC reserves the right to extend the Blanket Order up to an additional four (4) years at one year intervals. However, the termination of the

Blanket order may be further extended up to an additional two (2) months beyond the stated termination date.

The maximum period of any Blanket Order as a result of this bid with renewal options applied shall be the number of years as listed above (5), and if the further extension is applied; the number of years listed above (5) years and (2) months.

ALL EXTENSIONS ARE SUBJECT UPON THE MUTUAL CONSENT OF BOTH PARTIES

ROADWORK AND UNDERGROUND UTILITIES

PAGE 8 BID NO. MC98-06232-5359

BIDDER SIGN HERE _______________________________________________TITLE_______________________________

The director reserves the right to cancel any Blanket Order at any time giving not less than 30 days notice that, on or after a date therein specified, the Blanket Order contract shall be deemed terminated and cancelled.

4.

DELIVERY: Shall be made ONLY upon receipt of a Purchase Order, or in the case of a Blanket Order, upon receipt of a Delivery Order(s) from a using agency authorized to use the Blanket Order. Purchase Order (s) / Delivery Order(s) shall indicate the destination address. Inside delivery is required on all deliveries.

5.

BILLING: Shall be made to the using agency upon deliveries made against applicable Purchase Order(s), Delivery

Order(s).

5A.

PARTIAL PAYMENTS: Partial payments will be allowed on each delivered and accepted shipment. It is at the discretion of the Nassau Health Care Corporation as to whether it is in the best interest of the Corporation to do so. The decision of the Director of Purchase or his designee will be final in this determination.

6.

APPROXIMATE QUANTITIES: The estimated usage quantities or estimated annual dollar value, when indicated are merely estimates based on experience or anticipated usage and are given for information purposes only. The NHCC will NOT be compelled to order any amount of any respective item. Contracts, however, shall be for the quantities actually ordered by the using agency during the period specified.

7.

ADDITIONAL BIDS: The NHCC Purchasing Department reserves the right to call for new bids, whenever, in the opinion of the Director, it is in the best interests of the NHCC to do so.

8.

FIRM PRICES: Prices will be firm for a period of One (1) year from the issuance of the Blanket Order and no upward changes will be allowed. If prices are increased by the manufacturer after 365 days, the vendor may apply to the

Director of Purchasing for permission to increase prices. The request will be considered only if accompanied by documentary evidence of the necessity for increased prices. If the Director of Purchasing accepts the request, the

Blanket Order will be amended accordingly. It should be noted that increases will be considered only during the yearly renewal of the contract.

However, if the Director of Purchasing does not consider the new prices as fair and reasonable in NHCC’s interest, the

Blanket Order may be cancelled after 30 days written notice, and vendor agrees to fill all outstanding orders placed prior to cancellation. When prices to the trade are decreased, the prices of applicable items in the Blanket Order shall be decreased accordingly. It shall be incumbent on the vendor to notify the Purchasing Department of such decreases immediately after it becomes effective.

In any event, when prices to the trade are decreased, the prices of applicable items in the Blanket Order shall be decreased accordingly. It shall be incumbent on the Contractor to notify the Director immediately after it becomes effective.

8A.

PRICE CHANGES, GOVERNMENT CONTRACTS: Prices shall remain firm for the first year of any Blanket

Order issued as a piggyback to a government or group purchasing organization contract. Thereafter, price changes to reflect those in effect for the underlining contract may be requested by the Contractor. The request for price changes should be accompanied by copies of published announcements. However, the decision to grant the request will rest solely with the Director.

PAGE 9 BID NO. MC98-06232-5359

BIDDER SIGN HERE _______________________________________________TITLE_______________________________

9.

PRICE LIST AND CATALOG SERVICE: The successful bidder shall furnish, upon request, price lists and catalogs to agencies authorized to use the Blanket Order which may be awarded under this bid. Photocopies will be accepted in lieu of originals. Two (2) copies of the current price list / catalog must be sent to the NHCC Purchasing Department.

Failure to keep the NHCC Purchasing Department advised of price list / catalog changes may delay the processing of payments.

10.

SAMPLES: Samples, when required, must be submitted strictly in accordance with instructions otherwise the bid may not be considered. If samples are requested subsequent to bid opening, they shall be delivered within five (5) business days of the request for the bid to be considered. Samples must be furnished free of charge and must be accompanied by descriptive memorandum invoices indicating if the bidder desires their return, also specifying the address to which they are to be returned, provided they have not been used or made useless by testing. Award samples may be held for comparison with deliveries. Samples will be returned at bidders’ request and expense. For additional requirements involving samples, please see section titled “Samples” after Non Collusion Bidding Certification.

11.

SPECIFICATION: Submit complete specifications and illustrations of products offered with the bid. Acceptance of a bid and designation of a manufacturer’s catalog description, brand name or number in any Purchase or Blanket Order resulting therefrom shall not be construed as qualification of the specifications of this bid or relief therefrom, except as specifically stated in the Purchase or Blanket Order.

12.

EQUIVALENT BIDS: Bidders may offer equipment of the same capability, but of different manufacture and/or model than that specified in this bid. The use of the manufacturer, brand name, make or catalog designation in specifying items described herein does not restrict bidders from offering equivalent bids. Such a designation is used to indicate the character, quality and performance of equivalence desired. However, acceptance of an equivalent product will be strictly at the discretion of the Director. Furthermore, proof and/or demonstration of equivalence, compatibility and performance shall be incumbent upon the bidder.

13.

PRODUCT IDENTIFICATION: If a product is identified by a BRAND NAME, a substitute of equal quality, construction, finish, composition, size, workmanship and performance characteristics may be acceptable. In submitting a bid, each bidder warrants that the substitute product being offered is an equal. Bid sheets shall be so noted of the manufacturer’s name and brand of the product offered as an equal. If as a result of an award, a delivery is made of a brand or product represented as an equal which is subsequently deemed to be unacceptable, the Contractor shall be required, at his expense, to pick up the rejected item and replace it with brand(s) listed in this bid, or an acceptable equal which will have the approval of the Director.

14.

PROTECTION FROM CLAIM AGAINST “EQUAL OR BETTER”: In the event of any claim by any unsuccessful bidder concerning or relating to the issue of “equal or better”, the successful bidder agrees at his own cost and expense, to defend such claim or claims and agrees to hold the NHCC free and harmless from any and all claims for loss or damage arising out of this transaction for any reason whatsoever.

15.

ALTERNATE BIDS: If the bidder wishes to offer an alternate to the specified item(s) they may do so, provided that they clearly indicate that the item(s) offered is an alternate and does not represent the alternate to be an equivalent and further provided they accompany the alternate offer with a full explanation and specification. Consideration of the alternate shall be at the sole discretion of the Director.

16.

PAGE 10 BID NO. MC98-06232-5359

BIDDER SIGN HERE _______________________________________________TITLE_______________________________

DELIVERY: Bidders are required to confirm required project delivery date in terms of days after receipt of order in the space provided below and on page one or a specified date (whichever applies). Guaranteed delivery dates will be strictly enforced. See also Specifications Section for additional requirements, if any.

BIDDER GUARANTEES DELIVERY DATE OF: ________________

(Initial here to show acceptance)

PAGE 11 BID NO. MC98-06232-5359

BIDDER SIGN HERE _______________________________________________TITLE_______________________________

17.

SHIPPING CHARGES: All bids must be F.O.B. Destination and include delivery within doors unless otherwise specified. The NUMC and its Divisions acknowledges that if an emergency shipment (overnight, Saturday delivery etc.)

is required and requested by the using department, such shipping charges would be paid by the using department on a

”Prepay Shipping Charges and Add to Invoice” basis.

18.

BID SECURITY: Each bidder shall submit with their bid offer at the date and time scheduled for the bid opening, a

CERTIFIED CHECK OR BID SECURITY using only the form provided in the Attachment,#7 payable to the

NASSAU HEALTH CARE CORP., for ten percent (10%) of the base Bid value (value of vendor’s total bids on pricing page). Upon receipt of the signed acknowledgment copy of any Purchase or Blanket Order by the Department of Purchase issued hereunder, bid security will be returned. The bid security of unsuccessful bidders will be returned after an award is made.

19.

SURETY: In the event an award is made hereunder, the successful bidder hereby agrees to obtain and file with the

NHCC, security in the amount of 100% of the bid, including any accepted alternates, also in accordance with the form provided in the Attachment, to be entrusted to the NHCC as reflected in the award. Such security shall guarantee the faithful performance of the contract, if required by the Director or his designee, with the understanding that the whole or any part thereof may be used by the NHCC to supply any deficiency that may arise as a result of default of the Contractor.

20.

WARRANTY: The successful bidder warrants the equipment furnished and all associated equipment against any defects in design, workmanship and materials against failure to operate satisfactorily for one (1) year from the date of acceptance by the using department and/or agency of the equipment, other than defects or failure shown by the

Contractor that have arisen solely from accident or abuse occurring after delivery to the NHCC agency. Contractor agrees to replace any parts, which in the opinion of the user, shall fail from the above reasons.

IMPORTANT NOTES: If a company policy or trade practice requires a different warranty period, the bidder may so state without fear of disqualification. However, the bidder is cautioned that the length of warranty may, in some cases, be a deciding factor in making an award.

Equipment furnished hereunder shall meet the standards set forth in the Occupational Safety and Health Act of 1970.

21.

REPLACEMENT PARTS: The requirements specified herein represent, for the most part, replacement and/or repair components to existing and presently owned equipment, and must match and inter-member without modification with the equipment and systems indicated.

22.

NON-ASSIGNMENT: In accordance with Section 138 of the State Finance Law, the contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the NHCC and any attempts to assign the contract without the NHCC’s written consent are null and void.

23.

AWARD: The Director reserves the right to make an award on an individual line item basis, by groups of items or as a whole, or NOT AT ALL, whichever the Director deems to be in the best interest of the NHCC.

IMPORTANT NOTE: Any Blanket Order initiated from this bid shall be non-exclusive and the NHCC SHALL

NOT BE BOUND TO PURCHASE, and no items are to be delivered without a Delivery Order. The NHCC shall be under

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BIDDER SIGN HERE _______________________________________________TITLE_______________________________

NO OBLIGATION to issue such Delivery Order(s). Furthermore, any Blanket Order initiated from this bid shall be available for use by any authorized NHCC Division.

24.

REDUCTION IN PRICES: If an award is made, the Contractor agrees, should prices be reduced to the general trade during the requirement period, the NHCC shall receive the benefit of such reduction immediately upon effect. It shall be incumbent upon the Contractor to notify the NHCC of such price reductions.

25.

PRICE PROTECTION: Bidders are required to state period of price protection (in terms of days) in addition to the sixty (60) days required (as stated on page one) after bid opening.

STATE PRICE PROTECTION PERIOD: _________ DAYS AFTER BID OPENING

26.

EXPIRATION DATING: All products shipped must have a minimum of a six (6) month expiration date from the date of delivery to the using agency. For products that have less than a six (6) month expiration date from time of manufacture, the longest possible expiration date must be supplied to the using agency.

27.

DETAILED SPECIFICATIONS: Proposals submitted hereunder shall be in accordance with detailed specifications set forth in this bid, the contract documents, or, as an attachment and made part hereof. The contract documents are complementary, and what is called for by any one shall be binding as if called for by all.

Any and all work shown on drawings, which is not referred to in the specifications, and any and all work covered in the specifications which is not shown on the drawings, shall be included by the Contractors as part of their contracts, the same as work that is both shown on the drawings and covered in the specifications.

The intent of the documents is to include all labor and materials, equipment, and transportation necessary for the proper execution of the complete finished work.

No oral statement of any person shall be allowed in any manner or degree to modify or otherwise affect the terms of the contract.

Contract Documents shall include the Notice to Bidders, Instructions to Bidders, Sealed Bid Terms and Conditions, Technical Specification, Specifications, Special Conditions, New York State Wage Scales, Architect and engineering

Specifications, Bid Bond, Agreements, Drawings, including all modifications thereof properly incorporated therein by reference or otherwise. These constitute the Contract Documents and are collectively referred to as the Contract.

The term “Drawings” wherever referred to the Contract Documents shall include, in addition to those listed in the documents, such additional scale and full sized detail drawings as will be furnished by or through the architects, to amplify the drawings listed.

Should any question or disagreement arise concerning the meaning of drawings or specifications, such questions or disagreement shall be settled by the Director, whose decision, in writing, shall be final.

If there are any terms, clauses, specifications, and/or conditions in any of the attached documents or those submitted by bidders, that are in conflict with those found in this Formal Sealed Bid Proposal, then it will be the terms and conditions of this Formal Sealed Bid that shall apply.

IMPORTANT NOTE: Such specifications are representative of the type of items(s) required. The Director reserves the right to accept item(s) with different specifications or methodologies if in his opinion, the item(s) offered can satisfy the needs of the using department(s). Furthermore, any alternate item(s) offered can be rejected if they fail to meet the specifications of the item(s) specified in this bid.

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BIDDER SIGN HERE _______________________________________________TITLE_______________________________

28.

NEW YORK STATE PRICES: Bidders must represent and warrant that if they are under contract with New York

State for items specified herein, that the price per unit quoted to the NHCC therefore is not higher than the price per unit quoted to New York State for like quantities.

29.

INSTALLATION: Bid pricing shall include installation of item(s) ordered which includes uncrating, setting in place in existing facilities as provided by the using agency and made ready for use. Installation shall be under warranty for a period of ninety (90) days for parts, labor, travel, and incidental costs, exclusive of equipment guarantee specified elsewhere herein.

30.

INSURANCE AND WORKERS COMPENSATION: The successful bidder agrees to obtain from an insurance company, authorized to do business in the State of New York, and keep in force during the term of an agreement, a policy of Comprehensive and General Liability Insurance naming Contractor as an insured, and naming NHCC, the

Architect, and the Construction Manager as an additional insured, including but not limited to the torts and negligence of

Contractor’s personnel, with a combined minimum single limit of one million dollars ($1,000,000.00), a General

Aggregate of two million dollars ($2,000,000) for bodily injury and property damage for any one occurrence at the

Contractor’s sole cost and expense.

30A.

UMBRELLA LIABILITY INSURANCE POLICY: In addition, it shall be the awarded vendors responsibility to secure, at his own cost and expense, Umbrella Insurance Policy for Comprehensive and General Liability Insurance naming Contractor as an insured, and naming NHCC, the Architect, and the Construction Manager as an additional insured, including but not limited to the torts and negligence of Contractor’s personnel, with a combined minimum single limit of five million dollars ($5,000,000.00) for bodily injury and property damage for any one occurrence.

The Contractor shall comply with all provisions of the Workers’ Compensation Law and shall furnish a certificate showing evidence of current coverage.

30B.

PRODUCT LIABILITY INSURANCE: The successful bidder agrees to obtain from an insurance company authorized to do business in the State of New York, and keep in force during the term of an agreement, a policy of

Product Liability Insurance, including foreign objects, with combined minimum single limit of one million dollars

($1,000,000.00) for each occurrence, at the Contractor’s sole cost and expense, and shall furnish a certificate showing evidence of current coverage.

30C.

COMPLETED OPERATIONS INSURANCE The successful bidder agrees to obtain from an insurance company, authorized to do business in the State of New York, and keep in force for the term of the contract PLUS an additional three (3) years after the expiration of the contract.

30D.

PROFESSIONAL LIABILITY INSURANCE: The successful bidder agrees to obtain from an insurance company, authorized to do business in the State of New York, and keep in force during the term of an agreement, a policy for

Professional Liability Insurance with a combined minimum single limit of one million dollars ($1,000,000.00) for each occurrence, and one million dollars ($1,000,000.00) for personal injury for each occurrence.

30E.

COMPREHENSIVE AND GENERAL LIABILITY AND HOLD HARMLESS: Contractor agrees to indemnify and hold harmless NHCC, the Architect, the Construction Manager, its agents, officers and employees against any and all claims, causes of action, costs, and liabilities, in law or in equity, of every kind and nature whatsoever, directly or proximately resulting from any act of omission or commission of Contractor, its officers, agents, or employees.

PAGE 14 BID NO. MC98-06232-5359

BIDDER SIGN HERE _______________________________________________TITLE_______________________________

Contractor shall, at NHCC demand, defend at its own risk and expense any and all suits, actions or legal proceeding which may be brought or instituted against NHCC, the Architect, the Construction Manager, its agents, officers, or employees on any such claim, demand or cause of action, and Contractor shall pay and satisfy any judgment or decree which may be rendered against NHCC, the Architect, the Construction manager, its agents, officers, or employees in any such suit, action, or legal proceeding.

The Contractor shall obtain from an insurance company authorized to do business in the State of New York, and keep in force during the term of any agreement, a policy of Comprehensive and General Liability Insurance naming the

Contractor as an insured, and naming NHCC, the Architect, and the Construction Manager as an additional insured, including, but not limited, to the torts and negligence of Contractor’s personnel, with a combined single minimum limit of one million dollars ($1,000,000.00) for bodily injury and property damage for any one occurrence at the Contractor’s sole cost and expense.

The Contractor shall comply with all provisions of the Workers’ Compensation Law and shall furnish a certificate showing evidence of current coverage.

Bidder shall list below the Insurance Company(s) holding the following documents:

A) Certificate of Insurance naming the NHCC as co-insured:

or

B) Certificate of Insurance with indemnification agreement (hold harmless clause):__________________________

ALL INSURANCE COVERAGE AS STIPULATED HEREIN ( paragraphs 30, 30A, 30B, 30C and/or any other insurance clause attached to and made part hereof) shall be subject to the approval of NHCC.

Failure to comply with the above requirement(s) shall be deemed by the NHCC to be a substantial violation of the terms and shall constitute cause for the cancellation of an agreement.

All insurance coverage, as stipulated herein, should be sent to the Purchasing Department, NHCC.

31.

MANUALS / IN-SERVICE VIDEO: Bid prices shall include two (2) each OPERATING MANUALS and two (2) each SERVICE MANUALS for EACH model number ordered. Service manuals should include specifications, circuit description, maintenance procedures, parts list and schematics. Also, bid price shall include, if available, an IN-

SERVICE VIDEO for EACH model number ordered.

32.

GENERAL SERVICE/ REPAIR CONDITIONS:

• All repairs to be made in accordance with “OSHA” safety requirements.

• Contractor will furnish all labor, materials, transportation, tools, instrumentation, parts and accessories necessary to repair and restore the equipment to optimum operating condition.

• All Contractor personnel assigned to any requirement of a contract established must be fully qualified and cognizant of the required and applicable electrical codes and safety requirements, and must adhere to them.

• All parts supplied must match and inter-member without modification to the designated equipment, and must be in accordance with the specifications of the manufacturer of the part to be replaced.

• Except as otherwise specified, all contract requirements will be performed at the site as required.

• Any requirement to remove any part of the equipment of system(s), to Contractor’s shop, must be approved by an authorized agency representative. NHCC shall supply all utilities which are available on location insofar as compatibility requirements permit.

• All requirements performed by the Contractor will be subject to inspection and approval by an authorized designated representative of the NHCC.

• Employees of the Contractor while on service call shall carry identification badge or cards and shall be instructed to submit same to scrutiny upon request by security or supervisory personnel of NHCC.

PAGE 15 BID NO. MC98-06232-5359

BIDDER SIGN HERE _______________________________________________TITLE_______________________________

33.

ACCESS CLAUSE: Contractor, including its satellites, offices and/or Subcontractors, if any, shall maintain full and complete books and records of accounts pertaining to this agreement, in accordance with accepted accounting practices and such other records as may be reasonably prescribed by the NHCC. Such books and records shall at all times be available for audit and inspection by the NHCC, or its duly designated representative. All such books and records shall be retained for a period of six (6) years after the completion of all the services described in this agreement. Contractor further agrees that if any provision of Section 952 of the Omnibus Reconciliation Act of 1980 (PL-96-499) is found by a body of competent jurisdiction to be applicable to this contract, the Contractor agrees that it will make available upon written request by the Secretary of Health AND Human Services, or the Comptroller General of the General Accounting

Office, or any of their duly authorized representatives, a copy of this contract and any executed amendments thereto documents which relate to the calculation of the charges stated in the contract and copies of service reports documenting services performed. Such records will be available in accordance with the above for the period of six (6) years after the furnishing of any of the services described in this contract.

34.

INVOICING FOR PAYMENT: Submit invoices, in full detail listing: Description of product and/or services, quantity, unit prices, purchase or delivery order number, vendor ID number which should be comparable to that listed on purchase order or delivery order, date of delivery, proof of delivery, remit to address, (if different from mailing address) and any further requirements if so listed in the specifications. All invoices shall be submitted in arrears directly to the

NUMC or using agency to

ATTENTION: ACCOUNTS PAYABLE.

34A.

TIME AND MATERIAL PAYMENT IN DETAIL: Billing shall be rendered in detail, listing all parts and all…