TNH245-2026-Boiler Maintenance, Servicing and Replacement - Complete.pdf

TOWN OF NORTH HEMPSTEAD

Request for Sealed Bids

IMPORTANT: SEE “NOTICE TO BIDDERS” and “INSTRUCTIONS TO BIDDERS”

CLAUSES HEREIN BIDS MAY BE SENT TO THE ADDRESS LISTED BELOW ONLY

(Fax and/or E-Mail Bid Submissions Will NOT Be Accepted)

BID OPENING INFORMATION

Date: October 14th 2026

Time: 11AM

NAME OF BID:

TNH245-2026-Boiler Maintenance, Servicing and Replacement

INVITATION FOR BIDS NUMBER: TNH245-2026 Specification Reference: As Incorporated in the Invitation For Bids

CONTRACT PERIOD: For two years from December 6th 2026, with the option to renew for two additional one year periods on the same terms and conditions, including price. The Town may extend any term for a period of up to 90 days. Any extension is at the town’s sole discretion.

The bid must be fully and properly executed by an authorized person.

By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this INVITATION FOR BIDS, Town of North Hempstead General Conditions, and that all information provided is complete, true and accurate.

Legal Business Name of Company Bidding:

Bidder's Federal Tax Identification #:

(Do Not Use SS#)

D/B/A - Doing Business As (if applicable):

Street City State Zip

If you are not bidding, place an “x” in the box and return this page only. WE ARE UNABLE TO BID AT THIS TIME BECAUSE__________________________________________________________________________________________.

Bidder’s Signature:

Title:

Printed or Typed Name:

Date:

Phone: ( ) - ext ( ) Fax: ( ) -

E-mail Address: _______________________________________

Company Web Site: ____________________________________

Department of Finance - Purchasing Division

220 Plandome Road • Manhasset, New York 11030 • (516) 869-2403 (P) • (516) 869-2919 (F) Contracts@northhempsteadny.gov • www.northhempsteadny.gov

TOWN OF NORTH HEMPSTEAD

Request for Sealed Bids

THIS BID

CONTAINS THE FOLLOWING:

Notice to Bidders/Proposers

Instruction to Bidders/Proposers Bid Specifications/Items List

General Conditions Bidders’ Qualifications Statement

(includes bidders statement, non-collusion statement, insurance forms)

Georgina Carr, Procurement Coordinator

Vonda Henderson, Buyer

Kelli Rivera, Buyer

Department of Finance - Purchasing Division

220 Plandome Road • Manhasset, New York 11030 • (516) 869-2403 (P) • (516) 869-2919 (F) Contracts@northhempsteadny.gov • www.northhempsteadny.gov http://www.northhempsteadny.gov/

IMPORTANT NOTE TO POTENTIAL BIDDERS: Receipt of these bid documents does not indicate that the Town of North Hempstead has pre-determined your company's qualifications to receive a contract award. Such determination will be made after the bid opening and will be based on our evaluation of your bid submission compared to the specific requirements and qualifications contained in these bid documents.

TNH245-2026-Boiler Maintenance, Servicing and Replacement

NOTICE TO BIDDERS

SEALED BIDS will be received by the Department of Finance – Purchasing Division of the Town of North Hempstead in the Office of the Purchasing Division located on the lower level of Town Hall, 220 Plandome Road, Manhasset, New York 11030, on the 14th day of October, 2026, at 11:00 AM, at which time they will be publicly opened and read and the Contract awarded as soon thereafter as practicable.

Bids may be mailed or hand delivered to the Purchasing Division, 220 Plandome Road, Manhasset, New York 11030, provided the Bid is actually received by the Purchasing Division prior to the time of public opening; or Bids may be delivered to the place of public opening (i.e., the Office of the Purchasing Division) immediately prior to the time of public opening. Late bids will not be accepted.

All Bids must be sealed and submitted in an envelope with the Identification Label provided in the Bid Documents affixed to the front of the envelope.

Under New York General Municipal Law Section 103(16), any contract awarded under this bid (hereinafter, the “Contract”) shall be made available to all other governmental entities in New York State. It is understood that the extension of the Contract to such other governmental entities is at the discretion of the Bidder and that the Bidder is not bound, by virtue of such contract, to any contract or agreement other than the Contract. All purchases or other orders made by another governmental entity will be placed by and be the responsibility of such governmental entity.

All BIDDERS MUST complete the required Bidder’s Disclosure Statement, Non-Collusion Declaration, and must provide a copy of the required Statement of Financial Conditions, even if a Bidder is currently executing work for the Town.

It is the policy of the Town of North Hempstead to encourage the participation of DBE and M/WBE; by bidding on this project, the contractor acknowledges its understanding and support of this policy and pledges to fully cooperate with the Town in meeting the requirements as set forth in the bidding and contract documents. Please check here if you are a DBE or MWBE and attach certification or other evidence of status to response.

The Town reserves the absolute right to reject any and all Bids, and to waive any informalities therein.

A Bid/Proposal submitted by a bidder who is not in full compliance with the provisions of the Town of North Hempstead, Town Code at the time of submission will be denied.

The Town will not accept Bids from, nor award a Contract to, anyone who cannot prove to the satisfaction of the Town that the bidder has sufficient experience and/or is financially able and organized to successfully comply with the requirements set forth herein.

DATED: Manhasset, New York September 24, 2026

INSTRUCTIONS TO BIDDERS/PROPOSER’S

Please take Notice; for the purposes of this Request for Proposals (“RFP”), the term “Bid” and “Proposal” shall be interchangeable and shall be used synonymously.

ITB-1 BID/PROPOSAL PREPARATION

Prepare your bid/proposal on this form using indelible ink. One copy of the bid is required, unless otherwise specified herein.

ITB-2 BID DOCUMENTS

Failure to fully comply with any of the requirements or instructions contained within the bid document may constitute sufficient cause for rejection of the Bid/Proposal. Such rejections will be subject to the discretion of the Director of Purchasing.

Invitations for Bids will consist of the following documentary components:

a. Notice to Bidders/Proposers

b. Instructions to Bidders/Proposers

c. General Conditions

d. Standard Specifications (as defined in General Conditions)

e. Proposal Form with Schedule ‘A’

f. Bidder’s Qualifications Statement

g. Addendum to Bid Documents

Invitations for Bids Involving Public Work or Building Services Pursuant to Articles 8 and 9 of the New York State Labor Law

(as specified in the Proposal Form) will also include the following documentary component:

a. New York State Department of Labor Wage Rate Schedule(s).

ITB – 3 EXAMINATION OF BID DOCUMENTS AND FAMILIARITY WITH SITE

BEFORE SUBMITTING A BID/PROPOSAL, ALL BIDDERS ARE ADVISED TO CAREFULLY EXAMINE THE BID

DOCUMENTS; WHERE THE CONTRACT IS FOR PUBLIC WORK OR INSTALLATION THE BIDDER IS ADVISED TO VISIT

THE SITE OF THE PROPOSED WORK TO BECOME COGNIZANT OF CONDITIONS AND LIMITATIONS ASSOCIATED

WITH FULFILLING REQUIREMENTS OF THE BID DOCUMENTS, INCLUDING BUT NOT LIMITED TO PLANS AND

SPECIFICTIONS.

Pleas of ignorance or misunderstanding of conditions that exist, or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of negligence by failing to make the necessary examinations and investigations as may be expected of a reasonably prudent Bidder, will NOT be accepted as grounds for any excuse on the part of a

Contractor to fulfill in every respect all of the requirements of the Bid Documents, nor will such excuses be accepted by the Town as a basis for any claims whatsoever for extra compensation, or for an extension of Contract completion time.

ITB-4 INTERPRETATION OF BID DOCUMENTS

If any prospective Bidder is unsure of, or has any reservations about, the precise and true meaning of any written or drawn material contained within any of the Bid Documents, or finds apparent discrepancies therein, or possible omissions therefrom, s/he shall promptly submit to the Director of Purchasing, a written request, fully describing the material in question, for an interpretation, explanation or revision thereto. The response to each request for clarification will be made only by an Addendum to the Bid Documents. Neither the

Town nor the Director of Purchasing may be held responsible or liable for any other explanations or interpretations of these Bid

Documents.

ITB-5 ADDENDUM TO BID DOCUMENTS

Any Addendum issued during the bidding period shall become an integral part of the Bid Documents and shall be incorporated in the

Bidder's Bid/Proposal. All Addendum shall be acknowledged in the Bidder’s Bid/Proposal, by entering the title, date and signature of the person signing the Bid/Proposal.

ITB-6 MODIFICATIONS TO BID DOCUMENTS

Bids/Proposals shall not take exception to, or request modifications for, any item described in the Bid Documents. Oral Bids/Proposals will not be considered.

ITB-7 RIGHTS OF TOWN BOARD

The Town Board reserves the right to reject any and all Bids/Proposals and to waive any informalities in the Bids/Proposals received, and to accept the Bid/Proposal most favorable to the interests of the Town, after all Bids/Proposals have been analyzed, checked and verified.

ITB-8 TAX EXEMPTION

The Town of North Hempstead is exempt from payment of Sales and Compensating Use Taxes of the State of New York and of cities and counties on all materials and supplies sold to the Town pursuant to the provisions of this Contract. These taxes are not to be included in Bids/Proposals.

ITB-9 FORM OF BID/PROPOSAL

EACH BID/PROPOSAL MUST BE MADE ON THE "PROPOSAL FORM" ATTACHED HERETO AND SHALL REMAIN

ATTACHED HERETO AS ONE OF THE BID DOCUMENTS AND SHALL BE SUBMITTED IN A SEALED ENVELOPE

BEARING THE NAME OF THE BID, BID NUMBER, AND THE NAME OF THE BIDDER.

THE TOWN HEREBY RESERVES THE ASBOLUTE RIGHT TO REJECT ANY BID/PROPOSAL THAT IS NOT MADE ON

THE “PROPOSAL FORM”.

ITB-10 DELIVERY OF BIDS/PROPOSALS

BIDS/PROPOSALS MUST BE DELIVERED BY THE TIME AND TO THE PLACE STIPULATED IN THE ADVERTISEMENT. IT

IS THE SOLE RESPONSIBILITY OF THE BIDDER TO SEE THAT HIS BID/PROPOSAL IS RECEIVED IN THE PROPER TIME.

ANY BIDS/PROPOSALS RECEIVED AFTER THE SCHEDULED CLOSING TIME FOR RECEIPT OF BIDS/PROPOSALS SHALL

BE RETURNED TO THE BIDDER/PROPOSER UNOPENED.

ITB-11 CORRECTIONS TO BIDS/PROPOSALS

Erasures or other corrections in the Bid/Proposal must be initialized by the person signing the Bid/Proposal.

ITB-12 WITHDRAWAL OF BIDS/PROPOSALS

Any Bidder may withdraw his/her Bid/Proposal, either personally, or by telegraphic or written request, if such a request is received by the Purchasing Division at any time during normal working hours prior to the scheduled closing time for receipt of Bids/Proposals. If a

Contract is not awarded within 45 calendar days after opening of the Bids, all Bids will be considered to have been rejected for cause, unless, at the Town's request the low Bidder agrees to hold his Bid valid for an additional stipulated length of time.

ITB-13 MULTIPLE BID/PROPOSAL SUBMITTALS

Any person, firm or corporation will not be permitted to make more than one Bid/Proposal for the product or service. If a person is a partner, officer or director of more than one firm interested in bidding for the product or services, only one of the firms may submit a

Bid/Proposal.

ITB-14 NON-COLLUSIVE BIDDING CERTIFICATION

In accordance with § 103-d of the General Municipal Law, by submission of this Bid/Proposal, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief:

(1) The prices in this bid/proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/proposer or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid/proposal have not been knowingly disclosed by the bidder/proposer and will not knowingly be disclosed by the bidder/proposer prior to opening, directly or indirectly, to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder/proposer to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restricting competition.

ITB-15 QUALIFICATIONS OF BIDDERS

A BIDDER'S QUALIFICATIONS STATEMENT IS REQUIRED. The forms attached hereto indicate all the information required.

Each Bidder/Proposer shall be responsible for submitting his current Disclosure Statement with his Bid/Proposal. The Town retains the right to investigate, verify the information submitted in the Disclosure Statement, and interview all bidders prior to award of the

Contract. THE TOWN HEREBY RESERVES THE ASBOLUTE RIGHT TO REJECT ANY BID/PROPOSAL THAT DOES NOT

INLCUDE A DISCLOSURE STATEMENT.

ITB- 16 IDENTIFICATION LABEL

To properly expedite the receipt and processing of bids submitted, the following “Identification Label” must be affixed to the outer envelope of the sealed bid. Bids shall be delivered by U.S. Mail, public carrier (e.g. UPS, FedEx), or by hand. THE TOWN HEREBY

RESERVES THE ASBOLUTE RIGHT TO REJECT ANY BID/PROPOPOSAL THAT DOES NOT CONFORM TO THIS SECTION.

SEALED BID ENCLOSED

Town of North Hempstead

Department of Finance

Purchasing Division

Bidder’s Name: ___________________________

Bid Number: _____________________________

Bid Name: _______________________________

Due Date: _______________________________

Bid Specifications

The Town of North Hempstead is seeking qualified contractors to bid on the maintenance, repair, servicing, replacement and installation of the Town’s Boilers. This contract also applies to the maintenance, repair, servicing replacement and installation of gas-fired pool heaters, Modine heaters, gas/electric/oil fired water heaters.

This is a requirements contract. There are no minimum mandatory purchases or service requests. The Town reserves the right to award the contract in whole or in part, or not at all, whichever is in the best interests of the

Town. The Town reserves the right to award to a primary and a secondary vendor.

Services and Service Standards

1. The contractor shall provide labor, materials, equipment, and appliances necessary or required to perform and complete all work including, but not limited to the following:

a. Repair and/or replacement of hot water heating systems and components, steam and other hydronic systems and components, all secondary heating systems and components, all other hydronic system specialties.

b. Removal and disposal of boilers, boiler breechings and associated appurtenances (i.e., burners, pumps, heat exchangers, automatic controls, etc. This list is not all inclusive.)

c. Repair of boilers, boiler breechings, and associated appurtenances (i.e., burners, pumps, heat exchangers, automatic controls, etc.)

d. Replacement of all heating equipment as such: boilers, boiler breechings, and associated appurtenances (i.e., burners, pumps, heat exchangers, automatic controls, etc.)

e. New installation all heating equipment as such: of boilers, boiler breechings, and associated appurtenances (i.e., burners, pumps, heat exchangers, automatic controls, etc.)

f. The contractor shall arrange and pay for disconnection of any existing services prior to demolition. This may include but not necessarily be limited to electrical or plumbing connections to mechanical and other equipment.

g. Providing temporary (i.e., rental) heating, cooling, or electrical generation equipment and all connections required to existing systems to ensure proper operation.

h. Procurement of materials, equipment (owned or rented), and subcontractors to perform any portion of projects or work. Any work to be subcontracted must receive prior approval of the

Town.

i. Preparing, filing, and obtaining permits, including drawings as required and paying of all fees, including but not necessarily limited to tipping fees, dewatering permits, etc.

j. Provision of underwriters certificates for all electrical work.

k. Examination of existing or new welds using x-ray, penetrating dye, or other methods.

l. Survey of damaged or other existing systems to recommend repairs or replacement.

2. When repairing or replacing any components/equipment, the contractor shall use the most up to date materials being manufactured. No obsolete materials shall be allowed without Town approval. Parts and materials shall be new and must be of the same manufacturer or a certified equivalent as the original equipment. The Town reserves the right to furnish parts and materials if they deem it to be in their best interest. Parts that have been replaced shall be the property of the Town and shall be left at the site unless directed otherwise by an authorized Town representative.

3. Subcontracting: Under this contract, subcontracting will not be permitted without prior approval of the

Town, in the event that approval is granted, the contractor will be allowed to add no more than 10% to the subcontractor’s invoice for handling. Subcontractor’s invoice must be presented to the Town at the time of submission of voucher for verification. All subcontractors must meet the same qualifications as the contract vendor and shall meet all other requirements specified herein as well as all prevailing wages. Copies of certified payrolls from all subcontractors must be attached and submitted by the contract vendor for verification. No payment will be made for any subcontractor invoices without a copy of their certified payroll. The contractor will be required to submit to the Town copies of agreements with all sub-contractors, including insurance certificates as well as certified payroll for all sub-contractors under the same requirements as the contractor under this Contract.

4. The contractor shall adhere to local building codes, laws and regulations where mandatory, specifications and drawings to the contrary notwithstanding. The contractor shall conform to New York state industrial code 23 and OSHA standards and regulations, and all other federal, state and local codes and regulations, including all utility company requirements.

5. Primary and Secondary Vendors: In the event that the work cannot be performed as per the time schedule set by the Town by the successful bidder, the second responsible bidder, if awarded, will be called upon to perform at his quoted price with no penalty to the lowest bidder.

6. This contract may be cancelled by the Town, when in the opinion of the Town Commissioners the service rendered is incompetent, inadequate or unresponsive or found to be operating in bad faith to the department’s needs. In the case that the Contract is cancelled pursuant to this clause, the Town reserves the right to use the Secondary Vendor as the Primary vendor, or award to the second lowest responsible bidder, whichever is applicable and/or in the best interests of the Town.

7. Contractor Methods, Procedures, Equipment: Where methods or procedures are specified, they shall constitute minimum measures and shall in no way relieve the contractor of sole responsibility for the means, methods, techniques, sequences, or safety measures in connection with the work. Contractor’s service persons shall have tools and equipment common to the trade that may be necessary to perform required work. The Town will not pay for rental or replacement of any of common tools and consumables associated with the type of work outlined in this contract. The contractor shall protect all existing and new equipment from damage from soot, scale, residue and other construction debris. The contractor shall clean, repair, and/or replace any damage at no additional cost to the Town, that results from the contractor’s non-compliance with this item.

8. Confined Space: Contractor must show proof of their Employees receiving confined space safety training, where applicable. Contractor shall supply its employees with protective clothing, eye shields, masks and/or respirators, gloves, etc., as may be necessary to prevent injury and hazard when cleaning or working on boilers.

9. The contractor is responsible for disconnecting and subsequent reconnecting of all electrical connections to the boiler to prevent accidental firing while repair work is in progress. All materials used in the installation shall be of the highest quality and shall be free from all defects, which would mar the appearance of the equipment or render it structurally unsound. Contractors shall furnish adequate protection from damage for all work and shall repair damages of any kind for which he or his workmen are responsible. The contractor shall provide, erect, and maintain all necessary barricades, signs and lights, and take all necessary precautions for the protection of the work and safety of the public. Boilers, burners, controls, piping and floors are to be protected to prevent damage from soot, scale and residue.

10. Cost Estimates: Except for emergency work, the contractor will be required to submit a detailed budget cost estimate before any work is started. For emergency work, the Contractor must submit their budget cost estimate within 48 hours after starting the work. In the event that the contractor is called upon to provide an estimate or “not-to-exceed” figure, their representative will be paid the mechanic’s rate of pay for the time spent at the location only if the contractor is not awarded the job. A purchase order signed by an authorized representative of the requesting Department will be required for the payment of such estimate. The contractor shall be able to furnish adequate manpower and equipment to provide emergency repair service within four (4) hours and to commence non-Emergency work within one (1) week.

11. The contractor shall have a place of business with a distinct mailing address, supplies and the tools/equipment necessary to respond to emergency service boiler/breeching repair, service, and new construction Requests, including weekends and holidays and must be prepared, at the Town’s Request, to perform the necessary work between the hours of 4:00 pm and 7:00 am.

Work Orders and Invoices

Prior to beginning any work, Contractor will be required to provide a “not-to-exceed” figure, which must be approved by an authorized individual from the user department before work starts. Contractor should not proceed with the work before receiving a purchase order signed by an authorized town representative.

Invoices for payments will not be processed without a valid purchase order and a service ticket which must include start and end time and be signed by an authorized individual from the user department. No travel time will be paid. Payments will be made only for time on the job. All paperwork needs to reference the bid number

(TNH245-2026). Invoices must include copies of certified costs for all parts and equipment being provided.

Invoices must also include copies of certified payrolls referencing the PRC number (below) and the certified cost of any parts or equipment.

Prevailing Wage

Any work done pursuant to this contract is subject to the New York State prevailing wage requirements which can be found in Article 8 of the New York State Labor Law. The winning bidder will be required to submit copies of certified payrolls with invoices. PRC # 2026027044

This Bid covers the following types of work:

1. Maintenance Visit: During maintenance visits the vendor is expected to ensure that the system is in good working order, replace filters, belts, oil, valves, grease or other parts, as needed. Maintenance visits are expected to take place approximately once per year as scheduled by the user departments.

2. Emergency Visit: Emergency visits occur when an unforeseen event results in the need for the contractor to repair the HVAC system at short notice. The contractor shall provide the necessary crew to the emergency site within four hours of notice that there is an emergency, unless the Town representative authorizes a longer response time.

3. Service Visit: Service visits occur when there is a need for a non-emergency repair or servicing of the system, outside the normal maintenance visits.

4. New Installation: New Installations occur when an entire new system is installed where there was not one previously, or a new unit is being installed to replace an existing unit. Contractors may perform new installations under this bid. Engagement of the contractor for the New Installation is at the sole discretion of the Town. The Town may choose, in its discretion, to separately bid out any New

Installation.

Facilities

Following is a list of Town facilities that the Contractor will be responsible for servicing. This is not be an all-inclusive list and the Town reserves the right to have any and all of its buildings serviced by the contractor.

1. Town Hall I, 220 Plandome Road, Manhasset, New York 11030

2. Town Hall II, 200 Plandome Road, Manhasset, New York 11030

3. Town Hall III, 210 Plandome Road, Manhasset, New York, 11030

4. Department of Public Works, 285 Denton Avenue, New Hyde Park, NY 11040

5. Roslyn Repair Shop, 802 West Shore Rd, Port Washington 11050

6. Shore Road Yard, 700 West Shore Rd, Port Washington 11050

7. Albertson Yard, 1 Highway Drive, Albertson

8. Harbor Links Golf Course, 1 West Fairway Drive, Port Washington, NY 11050

9. Yes We Can Community Center, 141 Garden Street, Westbury, NY*

10. Solid Waste Management Authority Complex, 802 West Shore Road, Port Washington 11050

11. Animal Shelter, 95 Marino Avenue Port Washington, NY 11050

12. Broadway Park, 151 Broadway, Garden City Park, NY

13. John Caemmerer Park, 160 Wentworth Avenue, Albertson, NY

14. Clinton G. Martin Community Center, 1601 Marcus Avenue, New Hyde Park, NY

15. Charles J. Fuschillo, 200 Carle Road, Carle Place, NY

16. Gerry Pond Park, 10 Papermill Rd. Roslyn, N.Y.

17. Harbor Hills, 7 Shore Cliff Place, Great Neck, NY

18. Manhasset Valley Park, 158 Manorhaven Blvd. Port Washington, NY

19. Manorhaven Beach Park, 158 Manorhaven Blvd. Port Washington, NY

20. Merillion Ball Field, Marcus Avenue & Nevada Drive, New Hyde Park

21. Michael J. Tully Park, 1801 Evergreen Avenue, New Hyde Park, NY

22. Ridder Pond Park Marcus Avenue & Meadowfarm Rd., New Hyde Park, NY

23. Whitney Pond Park, Community Dr. & Community Dr. E., Manhasset, NY

24. Town Dock, 347 Main Street, Port Washington, NY

25. Port Washington Adult Activity Center, 80 Manorhaven Blvd, Port Washington, NY 11050

26. Port Washington Parking District Building, 15 Vanderventer Avenue, Port Washington, New York

27. Gold Coast Arts Center, 113 Middle Neck Rd., Great Neck, NY 11021

28. Additional Miscellaneous Facilities throughout the Town

*Please note that the Yes We Can Community Center is a Leadership in Energy and Environmental

Design Building (LEED) with a Geothermal System that must be maintained and repaired.

Duration

For two years from December 6th 2026, with the option to renew for two additional one-year periods. The

Town may extend any term of this contract for up to 90 days, at its sole discretion.

Use the following Proposal Form to provide Bid

Bid Proposal Form

Name, Address, Phone Number, email and Contact Person for Proposer

Please confirm that you can maintain, service and repair the geothermal system at YWCCC (CIRCLE ONE) YES / NO

No. DESCRIPTION

UNIT ESTIMATED

NUMBER PER

YEAR*

UNIT PRICE

TOTAL PRICE

1 STEAMFITTER HOURLY 100

2 SHEETMETAL WORKER HOURLY 25

3 ELECTRICIAN** HOURLY 20

4 PLUMBER** HOURLY 20

5 FLAT FEE FOR PROJECT

ESTIMATE (if applicable)^

EACH 20

6 PARTS**** EACH 15% above Certified cost

7 BOILERS AND EQUIPMENT*** EACH 15 % above Certified cost

8 SUBCONTRACTOR** EACH 10% above certified invoice

TOTAL

*Please note that any estimates are strictly for purposes of evaluating the bid and are not guaranteed minimums.

**Any work to be completed by an electrician, plumber or subcontractor must be pre-approved by the Town. All electricians and plumbers must be licensed to do business in the Town.

^ Please include fee to be charged for contractor to provide a project estimate. This is an all-inclusive fee for each estimate, not an hourly rate. To be charged when the contractor is called upon to provide an estimate only, not to be combined with a complete project.

***Contractor must show actual certified costs of parts and equipment.

GENERAL CONDITIONS

1. APPLICABILITY The terms and conditions set forth in this section entitled General Conditions are expressly incorporated in and applicable to the resulting procurement contracts let by the Town of North Hempstead where incorporated by reference in its Bid Documents. Captions are intended as descriptive and are not intended to limit or otherwise restrict the terms and conditions set forth herein.

2. GOVERNING LAW This procurement, the resulting contract and any purchase orders issued hereunder shall be governed by the laws of the

State of New York except where the Federal supremacy clause requires otherwise, and actions or proceedings arising from the contract shall be heard in a court of competent jurisdiction in the State of New York.

3. NO ARBITRATION Disputes involving this procurement, the resulting contract, including the breach or alleged breach thereof, and any purchase orders issued hereunder may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

4. ETHICS COMPLIANCE All Bidders/Contractors and their employees must comply with the requirements of Section 16A of the Code of the

Town of North Hempstead, other New York State codes, rules, regulations and executive orders establishing ethical standards for the conduct of business with New York State. In signing the Bid, Bidder certifies full compliance with those provisions for any present or future dealings, transactions, sales, contracts, services, offers, relationships, etc., involving the Town of North Hempstead and/or its employees. Failure to comply with those provisions may result in disqualification from the Bidding process, termination of contract, and/or other civil or criminal proceedings as required by law.

5. CONFLICT OF TERMS Unless otherwise set forth in the procurement or contract documents, conflicts among documents shall be resolved in the following order of precedence:

(A) Contract and other writing(s) setting forth the final agreements, clarifications and terms between the Bid Documents and Contractor’s Bid. In the latter circumstance, clarifications must specifically note in writing what was offered by the Contractor and what was accepted by the Town of North

Hempstead. If not, such clarifications shall be considered last in the order of precedence under this paragraph.

(1) General Conditions.

(2) Bid Specifications.

(3) Bid Documents.

(4) Contractor’s Bid/Proposal.

6. DEFINITIONS

AWARD is the decision of the Town to accept the Bid/Proposal of the lowest responsive, responsible Bidder/Contractor for the procurement included in these Bid Documents. An award letter will be issued by the Town informing the Contractor that its bid was accepted.

BID DOCUMENTS Writings by the Town setting forth the scope, terms, conditions and technical specifications for procurement. Such writings typically include, but are not limited to: Invitation for Bids (IFB), Request for Quotation (RFQ), Request for Proposals (RFP), addenda or amendments thereto, and terms and conditions contained therein or incorporated by reference.

BID OR PROPOSAL An offer or proposal submitted by a Bidder to furnish a described product or a solution, perform services or means of achieving a practical end, at a stated price for the stated Contract term. For the purpose of this Request for Proposal, the term “Bid” and “Proposal” shall be interchangeable and shall be used synonymously. As required by the Bid Documents, the Bid or proposal may be subject to modification through the solicitation by the Town of best and final offers during the evaluation process prior to recommendation for award of the Contract.

BIDDER/OFFERER Any individual or other legal entity (including but not limited to sole proprietor, partnership, limited liability company, firm or corporation) which submits a Bid in response to a solicitation. The term Bidder shall also include the term “proposer” or “offeror.” In the case of negotiated Contracts, “Bidder” shall refer to the “Contractor.”

BID SPECIFICATION A written description drafted by the Town setting forth the specific terms of the intended procurement, which may include:

physical or functional characteristics, the nature of a commodity or construction item, any description of the work to be performed, Products to be provided, the necessary qualifications of the Bidder, the capacity and capability of the Bidder to successfully carry out the proposed Contract, or the process for achieving specific results and/or anticipated outcomes or any other requirement necessary to perform work.

CONTRACT The writing(s) which contain the agreement of the Town and the Bidder/Contractor setting forth the total legal obligation between the parties as determined by applicable rules of law.

CONTRACT DOCUMENTS consist of the Contract or Purchase Order made between the Town and the Bidder/Contractor (hereinafter the

Agreement), General Conditions, Bid Specifications, Bid Documents, including among others the Notice to Bidders, Instructions to Bidders, any

Schedule of Bid Prices, any Addendum to Bid Documents issued prior to execution of the Contract, Bidder’s Qualification Statement, Bidder’s

Proposal (including non-collusive bidding statement), contract or purchase order(s) issued, Insurance and Indemnity Certification, Bid Bond(s)

(where required), Performance Bond(s), Materials & Labor Bond(s) (where required), or Maintenance Bond (where required), any New York State

Department of Labor Wage Rate Schedule(s) (for public work or building services as defined by Articles 8 and 9 of the New York State Labor Law), any additional Documentation required for contract execution, any supplemental agreements issued during the course of the Contract, and/or

Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties including but not limited to work change orders or changes to purchase orders.

COMPTROLLER Comptroller of the Town of North Hempstead.

CONTRACTOR Any successful Bidder(s) to whom a Contract has been awarded by the Town.

DIRECTOR Director of Purchasing or his/her authorized representative.

DOCUMENTATION The complete set of manuals (e.g., user, installation, instruction or diagnostic manuals) in either hard or electronic copy, which are necessary to enable the Town to properly test, install, operate and enjoy full use of the Product.

MULTIPLE AWARD A determination and award of a Contract in the discretion of the Director to more than one responsive and responsible

Bidder who meets the requirements of a specification, where the multiple award is made on the grounds set forth in the Bid Document in order to satisfy multiple factors and needs of the Town (e.g., complexity of items, various manufacturers, differences in performance required to accomplish or produce required end results, production and distribution facilities, price, compliance with delivery requirements, geographic location or other pertinent factors).

PRODUCT A deliverable under any Bid or Contract which may include commodities, services and/or technology, including software.

PURCHASING DIVISION shall mean the Town of North Hempstead, Department of Finance, Purchasing Division.

PURCHASE ORDER The Town’s fiscal form or format that is used when making a purchase (e.g., Claim Form, formal written Purchase Order, electronic Purchase Order, or other authorized instrument).

SINGLE SOURCE A procurement where two or more Bidders can supply the required Product, and the Director may award the contract to one

Bidder over the other.

SITE The location (street address) where Product will be executed or services delivered.

SOLE SOURCE A procurement where only one Bidder is capable of supplying the required Product.

SUBCONTRACTOR Any individual or other legal entity, (including but not limited to sole proprietor, partnership, limited liability company, firm or corporation) that has entered into a contract, express or implied, for the performance of a portion of a Contract with a Contractor.

TOWN shall mean the Town of North Hempstead, Nassau County, New York.

TOWN ATTORNEY Town Attorney of the Town of North Hempstead.

TOWN BOARD shall mean the council members duly elected by the residents of the Town of North

Hempstead, Nassau County, New York.

BID SUBMISSION

7. BID OPENING Bids may, as applicable, be opened publicly. The Director reserves the right at any time to postpone or cancel a scheduled Bid opening.

8. BID/PROPOSAL SUBMISSION All Bids/Proposals are to be packaged, sealed and submitted to the location stated in the Bid/Proposal

Specifications. Bidders/Proposers are solely responsible for timely delivery of their Bids/Proposals to the location set forth in the Bid Specifications prior to the stated Bid opening date/time.

A Bid/Proposal return envelope, if provided with the Bid Specifications, should be used with the Bid/Proposal sealed inside. If the Bid/Proposal response does not fit into the envelope, the Bid/Proposal envelope should be attached to the outside of the sealed box or package with the

Bid/Proposal inside. If using a commercial delivery company that requires use of their shipping package or envelope, Bidder’s/Proposer’s sealed

Bid, labeled as detailed below, should be placed within the shipper’s sealed envelope to ensure that the Bid is not prematurely opened.

All Bids/Proposals must have a label on the outside of the package or shipping container outlining the following information:

“BID/PROPOSAL ENCLOSED (bold print, all capitals)

• Bid/Proposal Name

• Bid/Proposal Number

• Bid/Proposal Submission date and time”

In the event that a Bidder/Proposer fails to provide such information on the return Bid/Proposal envelope or shipping material, the Town reserves the right to open the shipping package or envelope to determine the proper Bid/Proposal number or Bid/Proposal Name, and the date and time of Bid opening. Bidder/Proposer shall have no claim against the Town arising from such opening and such opening shall not affect the validity of the

Bid/Proposal or the procurement.

Notwithstanding the Town’s right to open a Bid/Proposal to ascertain the foregoing information, Bidder/Proposer assumes all risk of late delivery associated with the Bid/Proposer not being identified, packaged or labeled in accordance with the foregoing requirements.

All Bids/Proposals must be signed by a person authorized to commit the Bidder/Proposer to the terms of the Bid Documents and the content of the

Bid (offer).

9. LATE BIDS/PROPOSALS For purposes of Bid openings held and conducted by the Purchasing Division, a Bid must be received in such place as may be designated in the Bid Documents or if no place is specified to the Town of North Hempstead, Purchasing Division, 220 Plandome Road, Manhasset, New York 11030, at or before the date and time established in the Bid Specifications for the Bid opening.

Any Bid received at the specified location after the time specified will be considered a late Bid. A late Bid shall not be considered for award unless:

(i) no timely Bids meeting the requirements of the Bid Documents are received or, (ii) in the case of a multiple award, an insufficient number of timely Bids were received to satisfy the multiple award; and acceptance of the late Bid is in the best interests of the Town. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of the Town shall not excuse late Bid submissions. Similar types of delays, including but not limited to, bad weather or security procedures for parking and building admittance shall not excuse late Bid submissions.

Determinations relative to Bid timeliness shall be at the sole discretion of the Director.

10. BID/PROPOSAL CONTENTS Bids/Proposals must be complete and legible. All Bids/proposals must be signed. All information required by the Bid Specifications must be supplied by the Bidder/Proposer on the forms or in the format specified. No alteration, erasure or addition is to be made to the Bid Documents. Changes may be ignored by the Director or may be grounds for rejection of the Bid. Changes, corrections and/or use of white-out in the Bid or Bidder’s/Proposer’s response portion of the Bid Document must be initialed by an authorized representative of the

Bidder/Proposer. Bidders/Proposers are cautioned to verify their Bids/Proposals before submission, as amendments to Bids or requests for withdrawal of Bids/Proposals received by the Director after the time specified for the Bid opening/date of submission of RFP, may not be considered.

11. EXTRANEOUS TERMS Bids/Proposals must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations

(including additional, inconsistent, conflicting or alternative terms) may render the Bid/Proposal non-responsive and may result in rejection of the

Bid/Proposal.

Extraneous term(s) submitted on standard, pre-printed forms (including but not limited to: product literature, order forms, license agreements, contracts or other documents) that are attached or referenced with submissions shall not be considered part of the Bid or resulting Contract, but shall be deemed included for informational or promotional purposes only.

No extraneous term(s), whether or not deemed “material,” shall be incorporated into a Contract or Purchase Order unless the Director expressly accepts each such term(s) in writing. Acceptance and/or processing of the Bid shall not constitute such written acceptance of Extraneous Term(s).

12. CONFIDENTIAL/TRADE SECRET MATERIALS Contractor confidential trade secret or proprietary materials as defined by the laws of the

State of New York must be clearly marked and identified as such upon submission by the Bidder. Marking the Bid as “confidential” or “proprietary” on its face or in the document header or footer shall not be considered by the Director to be sufficient without specific justification as to why disclosure of particular information in the Bid would cause substantial injury to the competitive position of the Bidder. Bidders/Contractors intending to seek an exemption from disclosure of these materials under the Freedom of Information Law must request the exemption in writing, setting forth the reasons for the claimed exemption. Acceptance of the claimed materials does not constitute a determination on the exemption request, which determination will be made in accordance with statutory procedures. Properly identified information that has been designated confidential, trade secret, or proprietary by the Bidder will not be disclosed except as may be required by the Freedom of Information Law or other applicable State and federal laws.

13. RELEASE OF BID EVALUATION MATERIALS Requests concerning the evaluation of Bids may be submitted under the Freedom of

Information Law.

14. FREEDOM OF INFORMATION LAW During the evaluation process, the content of each Bid will be held in confidence and details of any

Bid will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process. If the Bid contains any such trade secret or other confidential or proprietary information, it must be accompanied in the Bid with a written request to the Director to not disclose such information. Such request must state with particularity the reasons why the information should not be available for disclosure and must be provided at the time of submission of the Bid. Notations in the header, footer or watermark of the Bid Document will not be considered sufficient to constitute a request for non-disclosure of trade secret or other confidential or proprietary information. Where a Freedom of Information request is made for trademark or other confidential or proprietary information, the Director reserves the right to determine upon written notice to the Bidder whether such information qualifies for the exemption for disclosure under the law. Notwithstanding the above, where a Bid tabulation is prepared and Bids publicly opened, such Bid tabulation shall be available upon request.

15. PREVAILING WAGE RATES - PUBLIC WORKS AND BUILDING SERVICES CONTRACTS If any portion of work being Bid is subject to the prevailing wage rate provisions of the Labor Law, the following shall apply:

A. “Public Works” and “Building Services” - Definitions

i. Public Works Labor Law Article 8 applies to contracts for public improvement in which laborers, workers or mechanics are employed on a

“public works” project (distinguished from public “procurement” or “service” contracts). The Town, a public benefit corporation, a municipal corporation (including a school district), or a commission appointed by law must be a party to the Contract. The wage and hours provision applies to any work performed by Contractor or Subcontractors.

ii. Building Services Labor Law Article 9 applies to Contracts for building service work over $1,500 with a public agency, that: (i) involve the care or maintenance of an existing building, or (ii) involve the transportation of office furniture or equipment to or from such building, or (iii) involve the transportation and delivery of fossil fuel to such building, and (iv) the principal purpose of which is to furnish services through use of building service employees.

B. Prevailing Wage Rate Applicable to Bid Submissions A copy of the applicable prevailing wage rates to be paid or provided are annexed to the Bid Documents. Bidders must submit Bids which are based upon the prevailing hourly wages, and supplements in cash or equivalent benefits

(i.e., fringe benefits and any cash or non-cash compensation which are not wages, as defined by law) that equal or exceed the applicable prevailing wage rate(s) for the location where the work is to be performed. Bidders may not submit Bids based upon hourly wage rates and supplements below the applicable prevailing wage rates as established by the New York State Department of Labor. Bids that fail to comply with this requirement will be disqualified.

C. Wage Rate Payments / Changes During Contract Term. The wages to be paid under any resulting Contract shall not be less than the prevailing rate of wages and supplements as set forth by law. It is required that the Contractor keep informed of all changes in the Prevailing Wage

Rates during the Contract term that apply to the classes of individuals supplied by the Contractor on any projects resulting from this Contract, subject to the provisions of the Labor Law. Contractor is solely liable for and must pay such required prevailing wage adjustments during the Contract term as required by law.

D. Public Posting and Certified Payroll Records In compliance with Article 8, Section 220 of the New York State Labor Law:

i. Posting The Contractor must publicly post on the work site, in a prominent and accessible place, a legible schedule of the prevailing wage rates and supplements.

ii. Payroll Records Contractors and Subcontractors must keep original payrolls or transcripts subscribed and affirmed as true under the penalties of perjury as required by law. For public works contracts over $25,000 where the Contractor maintains no regular place of business in New

York State, such records must be kept at the work site. For building services contracts, such records must be kept at the work site while work is being performed.

iii. Submission of Certified Payroll Transcripts for Public Works Contracts Only Contractors and Subcontractors on public works projects must submit monthly payroll transcripts to the Town that has prepared or directs the preparation of the plans and specifications for a public works project, as set forth in the Bid Specifications. Upon mutual agreement of the Contractor and the Authorized User, the form of submission may be submitted in a specified disk format acceptable to the Department of Labor provided: (1) the Contractor/Subcontractor retains the original records;

and, (2) an original signed letter by a duly authorized individual of the Contractor or Subcontractor attesting to the truth and accuracy of the records accompanies the disk. This provision does not apply to Article 9 of the Labor Law building services contracts.

iv. Records Retention Contractors and Subcontractors must preserve such certified transcripts for a period of three years from the date of completion of work on the awarded contract.

E. Day’s Labor Eight hours shall constitute a legal day's work for all classes of employees in this state except those engaged in farm and domestic service unless otherwise provided by law.

No laborers, workmen or mechanics in the employ of the Contractor, Subcontractor or other person doing or contracting to do all or part of the work contemplated by the Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five calendar days in any one week except in cases of extraordinary emergency including fire, flood or danger to life or property.