SCWA Purchase of Chlorine Tanks and Accessories.pdf

SUFFOLK COUNTY WATER AUTHORITY

Oakdale, Long Island, New York

1/10/2025

The Suffolk County Water Authority is requesting quotes for the furnish and delivery of chlorine tanks and accessories to 4060 Sunrise Highway, Oakdale, New York 11769.

You are invited to submit a proposal.

Proposals are requested no later than 11:00 AM EST on February 3, 2025. Nothing enclosed in this RFQ guarantees award.

Enclosed for your consideration:

• Insurance Requirements

• Terms and Conditions

• Pricing Sheet

Please review all above referenced enclosures prior to submitting your proposal.

Any questions pertaining to this request should be either submitted through BidNet or emailed to

Steve Blevins, Procurement Agent, steven.blevins@scwa.com no later than 72 hours prior to the response due 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.

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

mailto:steven.blevins@scwa.com

Terms and Conditions of Purchase

In these terms and conditions, the following terms have the following meanings:

1. Definitions

a. Agreement means any agreement or contract between SCWA and a Supplier for the supply, sale or provision of Goods or Services.

b. SCWA or the Authority means the Suffolk County Water Authority, a New York

State Public Benefit Corporation, with offices at 4060 Sunrise Highway, Oakdale, New York 11769. Its mailing address is P.O. Box 38, Oakdale, New York 11769.

c. Goods or Services means goods, materials, supplies, or services or any combination of the same required under this Agreement.

d. Request means a request for a Good or Service issued by SCWA.

e. Supplier means the entity providing Goods or Services to be supplied under an

Agreement.

2. SCWA by issuance of a Purchase Order (PO) retains the Supplier to whom the PO is issued to provide the Goods or Services identified on the PO. Supplier will provide the Goods or

Services in accordance with the terms of the Request, Supplier’s Proposal, and these Terms and

Conditions. The Goods or Services shall be supplied in accordance with these Terms and

Conditions, notwithstanding anything to the contrary contained in Supplier’s documentation or offer. Delivery of the Goods or Services constitutes Supplier agreement to these Terms and

Conditions.

3. SCWA agrees to pay each correct and undisputed invoice amount within thirty (30) days after receipt. Payment of invoices does not constitute acceptance of Goods or Services provided by Supplier. SCWA has the right to withhold any invoiced amount relating to a fee or a charge that it disputes, by delivery to the Supplier of a written notice of such dispute stating in reasonable detail the reasons supporting its dispute. The parties agree to review and discuss in good faith to resolve all such fee disputes. Supplier may not discontinue providing the Goods and Services if SCWA holds payment for a disputed invoice.

4. The Supplier providing the Goods or Services, will add SCWA to, and insure SCWA as an additional insured, with no responsibility for payment of any premiums associated therewith, under their respective insurance provisions specified in the Request. The Supplier may not commence any activity under this Agreement until the Supplier has obtained the insurance required under the Request, and such insurance has been approved by SCWA. In the event no insurance provisions are identified in the Request, the Supplier must, at its own cost and expense, maintain insurance policies reasonably adequate to protect SCWA from the risks ordinarily posed or created by the Goods or Services.

5. Supplier agrees to defend, indemnify and save harmless, to the extent permitted by law, SCWA, 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 SCWA 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 SCWA or of others resulting from the performance of Supplier’s obligations, or through any act or omission on the part of the Supplier or its agents, employees, servants or subcontractor(s), or through any improper or defective machinery, implements or appliances used or sold by

Supplier, its agents, employees, servants or subcontractor(s) in the performance of the agreement, and Supplier understands and agrees that it must defend, indemnify and save harmless, to the extent permitted by law, SCWA, 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 person or laborer who has performed work or furnished materials, in the performance of this Agreement.

6. The Goods or Services delivered under this Agreement must be new, of merchantable quality, fit for the purpose they are intended and free and clear of all liens and encumbrances.

The Supplier is responsible for the removal and replacement of any defective material discovered by the Authority within twelve (12) months after placed in service by the Authority.

7. Supplier may not, without the prior written consent of SCWA in each instance, refer to the existence or subject matter of this Agreement, state that SCWA is a customer or potential customer of Supplier, or use the name, trademark, trade name or service mark of SCWA in any press release, advertising, promotional materials, or represent that any Goods or Services have been endorsed or approved by SCWA.

8. SCWA may cancel this Agreement by giving notice to Supplier at any time prior to delivery of Goods or Services. SCWA shall pay Supplier for Goods or Services delivered or provided prior to the date of cancellation.

9. This Agreement may not be assigned by a party without the prior written approval of the non-assigning party. Supplier may not subcontract for the performance of its obligations without the prior written approval of SCWA.

10. This Agreement may be executed in counterparts, each of which will be an original, but all of which together will constitute one and the same agreement. Any counterpart may be delivered by electronic communication in portable document format, and the Parties agree that their electronically transmitted signatures will have the same effect as manually transmitted signatures.

11. In the event of a conflict between the terms of this Agreement and a separately executed agreement between SCWA and Supplier from which purchases for the Goods or Services described herein are made, the terms of the separately executed agreement control such sale.

12. This Agreement is governed by the laws of the State of New York. Venue for actions concerning this Agreement will be Suffolk County, New York.

SCWA INSURANCE REQUIREMENTS

Furnish & Deliver Chlorine Tanks, Bolts, Bungs, Gaskets, etc.

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 form, 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.

Certificate holder should read: Suffolk County Water Authority

Attention: Risk Management

4060 Sunrise Highway

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. 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, builder’s risk 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 this Agreement and any amendment and/or renewal hereof 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 in the event that 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. Excess Liability:

Any entity, including any CONTRACTOR’S subcontractors, agents, or assigns, must maintain Excess Liability insurance 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.

Either:

1) If the Contractor is the Manufacturer of the Product, a Limit of

$5,000,000 on a form which follows the underlying coverage.

or

2) If the Contractor is not the Manufacturer of the Product, a Limit of

$2,000,000 on a form which follows the underlying coverage. (Vendor’s endorsement in item B. General Liability above is required.)

D. Pollution Liability Insurance:

Form: Provide a Certificate of Insurance evidencing sudden, accidental, and gradual pollution liability insurance coverage of at least $1,000,000.

Occurrence based policy is required. Coverage to include Completed operations.

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.

The Authority will be notified of any impairment of any of the above limits at the inception of or during the contract.

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 this agreement is provided below.

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. If any coverage expires during the contract period a new Certificate shall be furnished to the Authority.

iv. All subcontractors shall adhere to all provisions contained in this insurance section

(unless otherwise deemed acceptable by Suffolk County Water Authority

(SCWA)).

v. 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 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 i.e. furnish and delivery of chlorine tanks and accessories to 4060 Sunrise

Highway, Oakdale, New York 11769on 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 #XXXX 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.

Contractor Name Here

By: __________________________________

Date: __________________________________

Subcontractor Name Here

By: ___________________________________

Date: ___________________________________

Suffolk County Water Authority

By: _________________________________

Date: _________________________________

Scope of Work: SCWA seeks the furnish and delivery of chlorine tanks and accessories as specified or approved equivalent.

Description UOM QTY Unit Cost Extended

Cost

220 Gallon Premium Base

Square Stackable with

Viton Gaskets

Snyder PN 6630023B97204

EA

Premium 4-Way Base

Snyder PN 6550000B96701

Pallet PP 3IN Buttress

Bolts (Ea. - 4 required per

Base)

Snyder PN 35000156

Fill Caps

Snyder PN 34701616

Bung plug - viton gasket

Snyder PN 34700339

O-ring for bung – viton

Snyder PN # 33100039

Replaceable bung, GFPP, 2" NPS

PN 34100008

Subtotal

Freight

Total