BID DOCUMENTS

For

Bid Number 2019CS648

X-RAY TABLE

AND SIMULATED X-RAY TUBE

EQUIPMENT

CHAFFEY COMMUNITY COLLEGE DISTRICT Purchasing Services Department

5885 Haven Avenue Rancho Cucamonga, California 91737

(909) 652-6701

NOTICE CALLING FOR BIDS NOTICE IS HEREBY GIVEN that, pursuant to Section 20651 of the California Public Contract Code, Chaffey Community College District of the County of San Bernardino, California, acting by and through its Governing Board, hereinafter referred to as the “DISTRICT”, will receive on or before 2:00 p.m. on June 3, 2019 (the “Bid Opening”), sealed bids for the award of a contract for:

BID NUMBER 2019CS648

X-RAY TABLE AND SIMULATED X-RAY TUBE EQUIPMENT

Bid Number 2019CS648 is for the procurement of quantity one (1) XR-A5480X TABLE, SUMMIT, FOUR WAY FLOAT TOP TABLE, quantity one and (2) SIMULATOR OPERATOR CONSOLE, SUMMIT, SPECTRA 30 HF AP, L308-01, quantity 2 and components as described in Bid Documents.

A mandatory pre-bid meeting and job walk for BIDDERS will be held on May 16, 2019 at 3:00 p.m., at Chaffey College Radiologic Technology Program located at San Antonio Medical Center, 7777 Milliken Avenue, Suite A, Room RSA-1, Rancho Cucamonga, CA 91730. A map is included in the Bid Documents or call (909) 652-6701 in advance for directions.

Bids shall be submitted by the Bid Opening deadline on the form furnished by DISTRICT in a sealed envelope marked with the BIDDER’s name and return address, and labeled and delivered to: Bid Number 2019CS648, Chaffey Community College District, Purchasing Department, Bldg. AD, Rm. 180-D, 5885 Haven Avenue, Rancho Cucamonga, CA 91737-3002. A map is included in the Bid Documents or call (909) 652-6701 in advance for directions.

All bids received on or before the Bid Opening deadline will be opened and read aloud publicly at the above stated time and place.

Each bid must conform and be responsive to the Bid Documents, copies of which are on file and may be obtained from the Purchasing Department at the above address, or by calling (909) 652-6701, or at http://www.chaffey.edu/purchasing/Bids/bids.shtml.

No bid security is required for this Bid. No bidder may withdraw a submitted bid for a period of sixty (60) days after the Bid Opening.

The deadline for receipt of requests for product, material or equipment substitutions (“Product Substitutions”) is 2:00 p.m. on May 23, 2019 at the address specified in the Bid Documents. DISTRICT will notify bidders of whether a proposed Product Substitution is accepted or rejected via addendum. No substitutions will be considered after the Bid Opening.

DISTRICT reserves the right to reject any or all bids and to waive any irregularities or informalities in any bid or in the bidding procedure.

DISTRICT does not discriminate against any person or firm interested in providing goods and services to DISTRICT on the basis of race, color, religion, sex or sexual orientation, marital status, national origin, age, veterans’ status or handicap.

By: Kim Erickson Executive Director, Business Services

First Published: May 6, 2019 Second Publication: May 13, 2019 NCB Rev 4-25-19 BID NO. 2019CS648

TABLE OF CONTENTS

BID NO.

2019CS648

BID DOCUMENTS

I. TABLE OF CONTENTS

II. NOTICE CALLING FOR BIDS

III. BID SCHEDULE AND LOCATION MAPS

IV. INSTRUCTIONS TO BIDDERS

V. BID FORM AND NONCOLLUSION AFFIDAVIT

VI. GENERAL CONDITIONS (Purchase Order Terms and Conditions)

VII. SPECIAL CONDITIONS

VIII. SPECIFICATIONS

TTOC Rev 4-25-19 BBID NO. 2019CS648

Chaffey Community College District X-Ray Table and Simulated and X-Ray Tube Equipment Bid No. 2019CS648

ACTIVITY DATE TIME

A 1st Newspaper Advertisement runs and Bid Documents available on-line. May 7, 2019 N/A

B 2nd Newspaper Advertisement runs. May 14, 2019 N/A

C

Pre-Bid Meeting & Site Walk – Mandatory for all Bidders. Participants must arrive at or before 2:00 pm at Chaffey Community College Radiologic Technology Program located at Rancho San Antonio Medical Center, 7777 Milliken Avenue, Suite A, Room RSA-1, Rancho Cucamonga, CA 91730. A map is included in the Bid Documents or call (909) 652-6701 in advance for directions.

May 16, 2019

3:00 pm

D Deadline for receipt of Requests for Information (RFIs) and Requests for Product,

Material or Equipment Substitutions (“Product Substitutions”). Addenda will be posted no later than May 28, 2019.

May 23, 2019

On or before: 2:00 pm

E

Deadline Date and Time for Bid Submittals to arrive at Chaffey Community College, Purchasing Services, 5885 Haven Avenue, Rancho Cucamonga, CA 91737. If hand delivered: AD Building, Room 180-D. A map is included in the Bid Documents or call (909) 652-6701 in advance for parking and/or directions. Bids will be publicly opened and read aloud.

June 3, 2019

On or

before: 2:00 pm

F

District issues Notice of Intent to Award.

June 11, 2019

N/A

H Governing Board meeting date to approve award. June 27, 2019 N/A

I Purchasing Services issues Notice of Award.

June 28, 2019

N/A

April 25, 2019 Bid Schedule 1 of 1

BID SCHEDULE

Bid No. 2019CS648 X-Ray Table and Simulated X-Ray Tube Equipment

Map for Pre-Bid Meeting and Site Walk On May 16, 2019 at 3:00 p.m.

Rad Tec is located at the Rancho San Antonio Medical Plaza on the Southeast corner of Church St and Milliken Ave in Rancho Cucamonga.

The address is 7777 Suite-A Milliken Ave Rancho Cucamonga, 91730

Parking

Rad Tec Entrance

Bid No. 2019CS648 X-Ray Table and Simulated X-Ray Tube Equipment

Map for Bid Submittals and Bid Opening Bid Due Date: June 3, 2019 on or before 2:00 p.m.

INSTRUCTIONS TO BIDDERS

1. Bid Form

DISTRICT invites bids to be submitted on the Bid Form furnished by District by no later than the date and time stated on the first page of the Bid Form. Submit your bid in a sealed envelope as required in the Notice Calling for Bids.

All spaces on the Bid Form must be completed using ink, a printer or typewriter. Insert “N/Q” for “No Quote” where appropriate. Please note that partial bids will not be accepted.

No erasures are permitted. Mistakes must be crossed-out and corrections printed adjacent, initialed in ink by the person signing the Bid Form before the Bid Opening.

It is the sole responsibility of the bidder that the Bid is received by the Bid Opening (Bid Submittal) deadline. Any Bid received after the Bid Opening deadline will be returned to the bidder unopened.

a. Signature

The Bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the Bid on behalf of the bidder.

b. Modifications

Changes in, or additions to, the Bid Form, recapitulations of the work bid upon, alternative proposals, or any other modification of the Bid Form, which is not specifically required or allowed in the Bid Documents may result in DISTRICT’s rejection of the Bid as not responsive and not responsible to the Bid Documents. No oral, telephonic, facsimile or telegraphic modification of any bid submitted will be considered.

c. Brand Names and Substitution Requests

Brand names, where specified, are included to indicate type and quality expected. Unless specified “No Product Substitutions” in the Specifications, equal alternates for products, materials and equipment will be considered for substitution (“Product Substitutions”). Otherwise, the deadline for receipt of requests for Product Substitutions is specified in the Notice Calling for Bids.

BIDDER shall state the brand name and part/model number of Product Substitution to be provided; otherwise, it shall be understood that the BIDDER is bidding on the exact brand and part/model number specified in the Bid Form. Substitute brands may be accepted at District’s sole discretion if deemed equal in all respects to that specified. Samples of substitutes with trade numbers must be submitted to the Purchasing Services Department. BIDDER must clearly mark samples with the Bid Number, BIDDER’s name, address, telephone, and other contact information, and must furnish all samples at BIDDER’s sole expense - no expense to District. Such samples, if not destroyed by tests, will become the property of District, unless

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otherwise requested at the time of submission of the samples. Any samples returned shall be at BIDDER’s liability and at BIDDER’s expense. District reserves the right to be the sole judge regarding the suitability of the products, services or supplies offered, and whether deviations are acceptable.

DISTRICT will notify bidders of whether a proposed Product Substitution is accepted or rejected via addendum.

d. Sales Tax

Do not include California State Sales or Use Tax in your unit Bid prices. Sales tax will be itemized separately as shown on the Bid Form Price Summary page.

e. Definitions

The definitions set forth below or in other Bid Documents are applicable to all Bid Documents. (1) The term “Addenda” means written or graphic instruments issued by District

before the Bid Opening which modify or interpret the Bid Documents by additions, deletions, clarifications, or corrections.

(2) The term “BIDDER” or “bidder” means a vendor, or its employees, representatives or agents that submit a bid.

(3) The terms “District,” “Owner,” “College,” “Chaffey,” or “Governing Board” as used herein shall all be deemed to mean the Chaffey Community College District and Chaffey College or its representatives and Governing Board.

(4) The term “Purchase Order” means a contract for the purchase of goods. (5) The term “Unit Price” means a firm fixed-price per unit of measurement for an

item to be purchased and shipped F.O.B. Destination/Shipping Point from Bidder as offered in its bid.

2. Mandatory Pre-Bid Meeting and Site Walk

There is a mandatory pre-bid meeting and site walk for BIDDERS. See Item C in the Bid Schedule and Locations Maps of this Bid package for time and location.

3. Bid Security

No bid security is required.

4. Bid Documents

The “Bid Documents” consist of the following:

I. Table of Contents II. Bid Schedule and Location Maps

III. Notice Calling for Bids IV. Instructions to Bidders V. Bid Form and Non-Collusion Affidavit

VI. General Conditions

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VII. Special Conditions VIII. Specifications

IX. IRS Form W-9

DISTRICT reserves the right to revise the Bid Documents before the Bid Opening by issuing an addendum. Any revision to the Bid Documents after acceptance of a bid by issuance of a Notice of Award must be made by a written change notice signed by DISTRICT.

5. Interpretation/Clarification of Bid Documents

Any request for interpretation or clarification of the Bid Documents or for additional information must be submitted in writing to:

Clementine Garrett Purchasing Services Department CHAFFEY COMMUNITY COLLEGE DISTRICT 5885 Haven Avenue Rancho Cucamonga, CA 91737 Office: (909) 652-6706 Fax: (909) 652-6704 Email: clementine.garrett@chaffey.edu

The deadline to submit Requests for Information (RFIs) or Requests for Product, Material or Equipment Substitutions is shown in Item D on the Bid Schedule of this Bid package.

The bidder submitting the request is responsible for its prompt delivery. Facsimile, email or other reasonable and customary written correspondence are acceptable means of communication.

6. Addenda

Any response that DISTRICT may choose to make for purposes of interpretation or clarification will be in writing and issued in an addendum. Addenda, if necessary, will be released only by DISTRICT and at least seventy-two (72) hours before the Bid Opening. Addenda will be identified as such and will be posted to DISTRICT’s Purchasing Services Department website at http://www.chaffey.edu/purchasing/Bids/bids.shtml. At its sole discretion, DISTRICT may elect to deliver addenda via email, facsimile, U.S. Mail or carrier to those who have provided such contact information for receipt of addenda to Maria Kort at the location above in paragraph 4. Addenda withdrawing the Notice Calling for Bids or postponing the Bid Opening may be issued any time before the Bid Opening.

Each bidder is solely responsible for ascertaining, before submitting a bid, that it has received all addenda.

No person is authorized to make oral interpretation or clarification or changes of any provision of the Bid Documents to any bidder; and no bidder is authorized to rely on any such unauthorized oral communications.

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7. Examination of Bid Documents

Each bidder shall fully acquaint itself with the conditions relating to delivery or other aspects of the contract so that the bidder may fully understand the facilities, difficulties, restrictions and expectations while attending to the execution of the contract. Bidders shall thoroughly examine and be familiar with the Bid Documents. The failure or omission of any bidder to receive or examine any Bid Document, form, instrument, addendum, or any other related document or to visit DISTRICT’s Campus site or website and become acquainted with existing conditions shall in no way relieve any bidder from any obligation with respect to bidder’s bid or to performing the awarded contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.

8. Withdrawal of Bids

Any bidder may withdraw its bid by written request in the form of a letter, facsimile, email or other written correspondence at any time before the Bid Opening. After the Bid Opening, bids cannot be withdrawn, corrected, altered or signed.

Each bidder must verify its bid before submission. DISTRICT will not be responsible for errors or omissions on the part of the bidder in preparing its bids.

9. Deadline Date and Time for Bid Submittals

The deadline for Bid Submittals is shown in Item E on the Bid Schedule of this Bid package.

10. Time for Opening

The stamped time from the date-time clock located at the bid collection point will be the official time for the Bid Opening. Bids stamped at: 01 second after the hour will be rejected and returned to the bidder unopened.

Bids will be publicly opened and read aloud in the Purchasing Services Department or other place designated in the Notice Calling for Bids on the same day promptly following the Bid Opening.

11. Bidders Interested in More Than One Bid

No person, firm or corporation shall be allowed to make, or file or be interested in more than one bid for the same contract unless alternate bids are specifically invited. A person, firm or corporation that has submitted a sub-proposal or sub-bid to a prime bidder, or that has quoted prices of materials to a bidder is not thereby disqualified from submitting a sub-proposal or sub-bid or quoting prices to other bidders or making a prime bid.

12. Award

District fully reserves the right to reject any bid, or to reject all bids and make no award, or to make or to waive any informality or irregularity in any bid received or in the bidding process, and to be the sole judge of the merits of the respective bids received. District may reject any bid that, in its opinion when compared to other bids received or to District’s internal estimates, does not accurately reflect the cost estimates of the goods or services to be

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purchased. District may reject as non-responsive any bid that unevenly weighs or allocates overhead and profit to one or more particular item. No part of the Bid Documents commits DISTRICT to entering a contract, nor does it obligate District to pay any costs incurred in preparation and/or submission of a bid from any bidder. The award of the contract, if made by DISTRICT upon approval of DISTRICT’s Governing Board, will be to the lowest responsive and responsible bidder, unless otherwise provided below. The decision of DISTRICT in such matters shall be final.

The lowest bid will be the lowest Total Sum of All Unit Prices on the Bid Form. If DISTRICT discovers that a bidder made a mistake in calculating the Total Sum of All Unit Prices on its bid form, the true and correct calculation of the Total Sum of All Unit Prices shall be deemed the amount the bidder intended to enter and shall be used in determining the lowest bid. A responsive bid is one that materially complies with the form or content requirements of the Bid Documents. A responsible bidder is a bidder who has the ability to satisfactorily perform the contract. As evidence of responsibility, upon the request of DISTRICT, a bidder whose bid is under consideration for contract award shall promptly submit to DISTRICT satisfactory evidence showing the bidder’s financial resources, experience and organization and plant facilities available for the performance of the contract. The decision regarding the bidder’s responsibility shall be formed on the basis of the preponderance of information submitted or the lack thereof, and DISTRICT’s decision shall be final on such matters.

DISTRICT’s Purchasing Services Department will post the Bid Opening results and the Recommendation to Award the Contract to the lowest responsive-responsible bidder on the Department’s website at http://www.chaffey.edu/purchasing/Bids/bids.shtml.

Upon the Governing Board’s approval to award the contract, DISTRICT shall issue a Notice of Award to the lowest responsive-responsible bidder. Receipt of the Notice of Award constitutes DISTRICT’s acceptance of the bidder’s offer and the award of the contract. DISTRICT may then issue a purchase order on an individual item or combination of items, whichever is in the best interest of DISTRICT. Bidder is not authorized to ship goods without an approved District purchase order issued by the Purchasing Services Department.

13. Alternates

If alternate bids are invited, the contract may be awarded at the election of the Governing Board to the lowest responsive and responsible bidder on the base bid or on the base bid and/or any alternate bid or combination of alternate bids. The decision of DISTRICT in such matters shall be final.

14. Workers’ Compensation

In accordance with the provisions of California Labor Code section 3700, contractors shall secure the payment of compensation to their employees. By signing the Bid Form, a bidder certifies to DISTRICT the following:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

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15. Forfeiture for Failure to Perform or Execute a Contract

In the event the bidder to whom an award is made fails or refuses to perform under or to execute the contract, if required, within five (5) calendar days from the date of receiving the Notice of Award, DISTRICT may declare the bidder non-responsive and may award to the next lowest bidder, or may reject all bids and call for new bids.

16. Bid Protest

Any bidder submitting a bid to DISTRICT may file a protest of DISTRICT's Recommendation to Award the Contract provided that each and all of the following are satisfied:

a. The bid protest is in writing;

b. The bid protest is filed and received by DISTRICT's Director of Purchasing not more

than five (5) calendar days following the date of issuance of DISTRICT's Recommendation to Award the Contract; and

c. The written bid protest sets forth, in detail, all grounds for the bid protest, including

without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest. All factual contentions must be supported by competent, admissible and credible evidence. Any matters not set forth in the written bid protest shall be deemed waived.

Any bid protest not conforming to the foregoing shall be rejected by DISTRICT as invalid. If a bid protest is filed as required above, DISTRICT’s Director of Purchasing will review and evaluate the basis of the bid protest, and will investigate the basis for the bid protest and analyze the facts. The Director of Purchasing will notify the bidder whose bid is the subject of the bid protest of evidence presented in the bid protest and evidence found as a result of the investigation, and, if deemed appropriate, afford the bidder an opportunity to rebut such evidence, and permit the bidder an opportunity to present evidence that it should be awarded the contract.

DISTRICT’s Director of Purchasing shall provide the protestor with a written statement concurring with or denying the bid protest within ten (10) calendar days following receipt of the bid protest, unless factors beyond DISTRICT’s reasonable control prevent such a decision, in which event such decision will be issued as expeditiously as circumstances reasonably permit. The decision will state the reasons for the action taken by DISTRICT. A copy of the decision will be furnished to the protestor, the bidder whose bid is the subject of the bid protest, and all bidders who submitted bids by the Bid Opening in compliance with the Bid Documents.

If not satisfied with the Purchasing Director’s decision, the protestor has the right to appeal the decision to DISTRICT’s Associate Superintendent of Business Services and Economic Development.

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The appeal must be in writing and shall specify the decision being appealed and all the facts and circumstances relied upon in support of the appeal. The appeal must be received by the Office of the Associate Superintendent of Business Services and Economic Development no later than 4:30 p.m. on the fifth (5th) calendar day following the protestor’s receipt of the written decision, at the following address:

Office of the Associate Superintendent, Business Services

& Economic Development Chaffey Community College District

5885 Haven Avenue Rancho Cucamonga, CA 91737-3002

A copy of the appeal shall be sent to all parties involved in the bid protest. If the final date for receipt of an appeal falls on a Saturday, Sunday, or District holiday, the appeal will be considered timely only if received by 4:30 p.m. on the following business day.

The Associate Superintendent of Business Services and Economic Development will review the Purchasing Director’s decision and the appeal, and issue a written decision. The written decision of the Associate Superintendent of Business Services and Economic Development will state the basis of the decision, and the decision will be final and not subject to any further appeal to DISTRICT.

Upon the recommendation of the Associate Superintendent of Business Services and Economic Development, DISTRICT's Governing Board will make the final determination and disposition of a bid protest by taking action to adopt, modify or reject the bid protest as reflected in the written statement of the Associate Superintendent of Business Services and Economic Development or his/her designee. Action by DISTRICT's Governing Board relative to a bid protest shall be final and not subject to appeal or reconsideration by DISTRICT, any employee or officer of DISTRICT or DISTRICT's Governing Board. The rendition of a written statement by the Associate Superintendent of Business Services and Economic Development (or his/her designee) and action by DISTRICT's Governing Board to adopt, modify or reject the disposition of the bid protest reflected in such written statement shall be express conditions precedent to the institution of any legal or equitable proceedings relative to the bidding process, DISTRICT's award of the contract, DISTRICT's disposition of any bid protest or DISTRICT's decision to reject all bids. In the event that any such legal or equitable proceedings are instituted and DISTRICT is named as a party thereto, the prevailing party(ies) shall recover from the other party(ies), as costs, all attorneys' fees and costs incurred in connection with any such proceeding, including any appeal arising therefrom.

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BID No. 15P38

BID FORM

(On or before 2:00 P.M.) In response to DISTRICT’s Notice Calling for Bids advertisement, released May 6, 2019, inviting bids for a requirements purchase order contract to sell X-Ray Radiographic and Simulated X-Ray Tube Equipment to DISTRICT, as DISTRICT requires, through June 3, 2019, the undersigned submits this firm offer to:

Chaffey Community College District Purchasing Services Department

AD Building, Rm. 180-D 5885 Haven Avenue

Rancho Cucamonga, California 91737-3002 (909) 652-6701

SECTION 1: INTRODUCTION

Chaffey College, one of the first colleges to be established in California, is a two-year public community college, which serves over 18,000 students offering academic and career technical education programs. The Chaffey Community College District (“DISTRICT”) serves the population of the vibrant inland empire of western San Bernardino County, where the communities of Chino, Chino Hills, Fontana, Guasti, Montclair, Mt. Baldy, Ontario, Rancho Cucamonga (Alta Loma, Cucamonga, and Etiwanda), and Upland are located. The college's superior education courses provide a basis for students to transfer to four-year colleges and universities or to acquire job skills necessary for the changing marketplace.

The Radiologic Technology program at Chaffey College leads to an Associate in Science degree and has been accredited since 1970. Training includes operation of X-ray equipment, exposing and processing images, utilizing radiation protection devices, positioning patients, effective communication and judgement, and patient care. Computer application is involved in all aspects of radiology. The Radiologic Technology program is accredited by the State of California and the Joint Review Committee on Education in Radiologic Technology (JRCERT) and is ranked in the top 10 programs in the US with almost 700 programs nationwide. One Hundred percent of the program’s graduates pass the national certification exam on a regular basis. Chaffey students routinely score 7 to 9 percentage points higher than the national average.

In order to continue to offer excellence in education in its Radiologic Technology program, Chaffey College is seeking new state-of-the-art radiographic equipment to replace its existing radiographic equipment.

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BID NO. 2019CS648

X-Ray Table and Simulated X-Ray Tube Equipment BID

Bid Due Date: June 3, 2019

In addition to the equipment and components listed in the Bid Document Specifications, BIDDER’s unit prices on the Bid Form Price Summary in Section 2 will include the following:

i. De-installation, removal, and disposal of existing equipment to include:

One Radiographic Table, an Operator Console and Two simulated X-Ray Tubes and mounting.

ii. limitations) iii. Delivery and installation of the new equipment iv. Training on the new equipment v. Submission of appropriate documentation with the State of California, Radiological

Branch for regulatory compliance with de-installation of old equipment and installation of new equipment

vi. Operational software vii. Service, Maintenance and Warranty

viii. Related equipment and training manuals

BIDDER will provide all equipment and related services in compliance with the dates specified in the Project Schedule included on the Bid Form Price Summary.

SECTION 2: BID PRICING SUBMITTAL

BIDDER must enter a firm fixed-price for each listed item in the space(s) provided on the Bid Form Price Summary on the following page. This form must be used as BIDDER’s bid submittal and shall not be replaced with BIDDER’s own format.

BIDDER’s firm fixed unit prices shall include all labor, materials, tools, equipment, overhead, profit, and all other applicable direct and indirect costs, profit, and expenses to produce the equipment and provide the listed items and services in Section 1 above. Prices must be net including discounts.

BIDDER agrees that all unit prices listed on the Bid Form Price Summary are good through August 2, 2019.

Upon award of contract, BIDDER shall produce and deliver unit price items as ordered by DISTRICT.

All Unit Prices are FOB destination with all equipment shipped to the following location (“Delivery Site”): 2019CS648

Chaffey Community College Radiologic Technology Department

Rancho San Antonio Medical Center 7777 Milliken Avenue; Suite A, Room RSA-1

Rancho Cucamonga, CA 91730

All deliveries shall be accompanied with a packing slip which shows DISTRICT's Purchase Order number, and DISTRICT's Purchase Order number shall appear on all cases and packages.

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NO. ITEM DESCRIPTION: FIRM FIXED-PRICE BID:

1. XR-A5480X Table, Summit, Four Way Float Top Table (Quantity 1)

(Includes related components, services, delivery and warranties as summarized in the Bid Documents.)

$ , (Place figures in appropriate boxes.)

2. Simulator Operator Console, Summit, Spectra 30 HF AP L308- 01 (Quantity 2)

(Includes related components, services, delivery and warranties as summarized in the Bid Documents.)

$ , (Place figures in appropriate boxes.)

Total Firm Fixed-Price Bid: $ , (Place figures in appropriate boxes.)

Taxable Amount: $

Sales Tax: (Must apply SB County tax at 7.75%) $ , (Place figures in appropriate boxes.)

BID FORM PRICE SUMMARY BID NO. 2019CS648

X-Ray Table and Simulated X-Ray Tube

Equipment

Prices to remain effective through August 2, 2019.

Milestone Commitment Dates

MILESTONE ITEM: START COMPLETION

Decommissioning & removal of listed equipment; site preparation:

July 19, 2019 After 1pm

July 26, 2019

Delivery and installation of new equipment: July 29, 2019 August 9, 2019

Conduct training: Mon., Aug. 19, 2019 @ 11am & Tues., Aug. 20, 2019 @ 3pm

August 20, 2019 @ 5pm

BIDDER’s signature below confirms the prices and project start and completion dates on this Bid Form Price Summary.

Print name and title

Authorized signature (Corporate Officer) Date

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SECTION 3: BIDDER REPRESENTATIONS

The completed Bid Form must include the following three (3) forms executed on behalf of BIDDER.

BIDDER Name:

Business Type: (Corporation, Sole Proprietorship, etc.)

Street Address:

City, State & Zip:

Telephone: Fax:

Contact Person: Name/Title: Email:

BIDDER designates the following person to service DISTRICT:

Provide complete address, phone and fax information if different from above: Street Address: City, State & Zip: Telephone: Fax: Mobile Phone:

BIDDER must list in the spaces below at least two (2) references who can verify that BIDDER can provide or has provided the services specified in the Specifications.

Ref. #1: Company: ___________________

Contact Person: Name/Title:

Street Address:

City, State & Zip:

Telephone:

Email:

Ref. #2: Company:

Contact Person: Name/Title:

Street Address:

City, State & Zip:

Telephone:

Email:

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ACKNOWLEDGEMENT OF ADDENDA TO BE EXECUTED BY CORPORATE OFFICER AND SUBMITTED WITH BID FORM

BIDDER ACKNOWLEDGES THAT IT IS BIDDER'S RESPONSIBILITY TO ASCERTAIN WHETHER ANY ADDENDA HAVE BEEN ISSUED AND, IF SO, TO OBTAIN COPIES OF SUCH ADDENDA FROM DISTRICT PER THE INSTRUCTIONS TO BIDDERS. BIDDER THEREFORE AGREES TO BE BOUND BY ALL ADDENDA THAT HAVE BEEN ISSUED FOR THIS BID BY SIGNING BELOW.

I, , the undersigned, the (Type/Print Name) (Title)

of , hereby declare that I am duly authorized to execute this (Name of Company)

Bid Form; that I have carefully examined the requirements of this Bid and have read and examined

the Bid Documents, including all addenda if any; that this Bid Form constitutes a firm offer to

DISTRICT that cannot be withdrawn for sixty (60) calendar days after the Bid Opening, and that if

awarded the Contract, all prices shall remain effective as required on this Bid Form; and that, under

penalty of perjury under the laws of the State of California, to the best of my knowledge and belief,

the information contained in this Bid Form is true and correct.

Signature & Title:

Date:

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NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY CORPORATE OFFICER AND SUBMITTED WITH BID FORM

I, being first duly sworn, deposes and says that he (Print Name)

or she is of the party making the foregoing Bid that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or a sham; that BIDDER has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of BIDDER or any other bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract to anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, that BIDDER has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I, the undersigned, certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Signature & Date

Printed Name & Title

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GENERAL CONDITIONS (Purchase Order Terms and Conditions)

1. ACCEPTANCE: BIDDER accepts this Purchase Order solely on the basis of the Bid Documents

associated with this procurement and attached hereto. Additional terms or conditions submitted by BIDDER in its bid or proposal are rejected and shall be deemed a material alteration hereof, unless such terms are incorporated by direct reference on the face of this Purchase Order or issued as an amendment or addendum and attached hereto.

2. CHANGES: This Purchase Order shall not be altered, amended, supplemented or cancelled without DISTRICT's approval. Chaffey Community College District, hereinafter referred to as “DISTRICT” shall have the right to make changes hereunder any time and BIDDER agrees to accept such changes. In the event such changes result in additional costs, or time extensions, DISTRICT shall make an equitable adjustment in the purchase price and/or schedule provided such additional costs and/or time requirements are itemized and justified in writing, and submitted to DISTRICT within ten (10) days of receipt of the change notification.

3. HANDICAP ACCESSIBILITY: BIDDER hereby warrants that any hardware or software products or services to be provided under this Purchase Order comply with the accessibility requirements of section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part 1194. BIDDER agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention. BIDDER further agrees to indemnify, defend, and hold harmless DISTRICT, the Chancellor's Office of the California Community Colleges, and any California community college using BIDDER's products or services from any claim arising out of its failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a breach and be grounds for termination of this Purchase Order.

4. ASSIGNMENT OF PURCHASE: BIDDER shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of DISTRICT.

5. TERMINATION: DISTRICT reserves the right to terminate this Purchase Order for its own convenience with liability limited to the services or products delivered prior to BIDDER’s receipt of DISTRICT’s termination notice. All blanket or standing Purchase Orders will automatically terminate at the end of DISTRICT’s fiscal year without prior notice to BIDDER.

6. TAXES: DISTRICT will pay only the State Sales and Use Tax and/or the San Bernardino County Uniform Local Sales and Use Tax, as applicable. The Federal Excise Tax is not applicable to DISTRICT. DISTRICT, upon request, shall furnish BIDDER such Federal Tax exemption certificates. BIDDER will not include taxes in unit prices or labor rates used for billing purposes. The applicable tax shall be separately itemized in the Bid Form on the Bid Form Price Summary sheet (page 3 of 6).

7. WARRANTY & SERVICE REQUIREMENTS: See attached Special Conditions for all warranties and service requirements.

8. HEALTH & SAFETY: All materials, equipment, and supplies must meet all Federal, State, and local requirements regarding Health and Safety. All shipments of hazardous and toxic material must include Material Safety Data Sheets (MSDS) pursuant to OSHA's Hazard Communication Rule 29 CFR 1919.1200, with copies sent to the Purchasing Department referencing the Purchase Order number.

9. COMPLIANCE WITH LAW: BIDDER shall comply with all applicable laws and regulations of the federal, state and local government. BIDDER is responsible for all costs of clean up and /or removal of hazardous and toxic substances spilled as a result of its work performed in the execution of this Purchase Order. BIDDER is aware of the requirements of California Labor Code Sections 1720 et seq. (“Prevailing Wage Law”), which require the payment of prevailing wage rates and performance of other requirements on certain “public works” or “maintenance” project, as defined by the Prevailing wage Laws, and if the total compensation is $1,000 or more, BIDDER agrees to fully comply with such

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GENERAL CONDITIONS (Cont.) (Purchase Order Terms and Conditions)

Prevailing Wage Laws including without limitation any and all requirements related to contractor and subcontractor registration with the Department of Industrial Relations. BIDDER shall defend, indemnify and hold the District, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the BIDDER and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, contractor registration, employment of apprentices, hours of labor and debarment of contractors. This Purchase Order may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be BIDDER’s sole responsibility to comply with all applicable labor compliance requirements.

10. DELIVERY/F.O.B. DESTINATION: Unless otherwise specified, BIDDER shall be responsible for delivery and shall pay all related shipping costs, including prepaid freight changes. Time and manner of delivery are material factors in proper performance under the purchase.

11. INDEMNIFICATION AND HOLD HARMLESS: BIDDER shall indemnify, defend, and hold DISTRICT, its officers, employees, volunteers and agents, including the property of DISTRICT, free and harmless from any and all claims, suits, demands, causes of action, losses, damages, injuries, and expenses, rather actual or alleged, including, but not limited to, reasonable attorneys' fees, and liability arising from (i) the death or injury of any person or persons, or from the loss, damage or destruction of any property or properties caused by or connected with the actions, negligence, errors, or omissions of BIDDER or BIDDER's agents and employees, (ii) the use of any copyrighted materials or patented inventions, and (iii) BIDDER's breach of its obligations under this Purchase Order.

12. VENUE: This Purchase Order shall be governed by the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

13. INSURANCE: Refer to the insurance requirements in the Special Conditions. 14. INVOICES AND PAYMENT: Upon delivery and satisfactory completion of the Work, as verified

by DISTRICT’s Representative, BIDDER shall render invoices in duplicate for goods or services provided to the Accounts Payable Office at the address listed on the front of this Purchase Order. All invoices must indicate the assigned Purchase Order number. Invoices must also conform to the line items and unit prices in the Purchase Order. Unless otherwise noted, DISTRICT shall make payments on a net-30 day basis or within a reasonable time after BIDDER has completed its obligations hereunder and payment approval is granted by the authorized DISTRICT representative. DISTRICT may also require the submittal of an IRS Form W-9 for taxpayer identification. Any monies due DISTRICT from BIDDER can be set off from any monies due BIDDER from DISTRICT whether or not under this Purchase Order.

15. LICENSES AND PERMITS: BIDDER and all of its employees or agents shall secure and maintain in force such licenses and permits as are required by law, in connection with the furnishing of materials, articles or services herein listed. All operations and materials shall be in accordance with the law.

16. BIDDER: The term “BIDDER,” “VENDOR,” “SUPPLIER,” or “CONTRACTOR” whenever appearing in this Purchase Order or any attachments shall mean the Seller or Supplier of goods or services named on the face of this Purchase Order and all individuals, officers, directors, employees, agents, contractors, or subcontractors of such seller or supplier. While engaged in carrying out the terms and conditions of the purchase, BIDDER is an independent vendor, and not an officer, employee or agent of DISTRICT.

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GENERAL CONDITIONS (Cont.) (Purchase Order Terms and Conditions)

17. ANTI-DISCRIMINATION: BIDDER agrees to adhere to all applicable laws that prohibit

discrimination because of race, age, religion, sex, national origin, handicap, political affiliation or belief.

18. DEBARMENT AND SUSPENSION. In accordance with Executive Orders 12549 & 12689 (Debarment and Suspension), Bidder certified by entering into this transaction, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

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SPECIAL CONDITIONS

1. LENGTH OF CONTRACT AND PRICES

The Contract Term is for a period beginning on BIDDER’s receipt of the Purchase Order and ending on the date specified on the Bid Form.

Prices must remain effective as specified on the Bid Form.

2. MOST FAVORED CUSTOMER

All of the prices, terms, warranties and benefits offered by BIDDER to DISTRICT are comparable to or better than the equivalent terms being offered by BIDDER to any present commercial or public entity customer. If BIDDER, during the term of its contract with DISTRICT, enters into arrangements with any other customer providing greater benefits or more favorable terms, the applicable contract shall hereupon be deemed amended to provide the same to DISTRICT.

3. TECHNOLOGY CLAUSE

As technology advances, it is understood that improved or advanced products may replace existing products in both price and performance and yet be essentially similar. This Bid seeks to address the rapid advances in technology by allowing functionally similar or identical products that may be introduced during the term of this Bid or the resulting contract, to be included under the general umbrella of compatible product lines and are thus specifically included in this Bid Document.

4. SUPPLEMENTAL PURCHASE ORDER TERMS AND CONDITIONS

The following terms and conditions supplement the General Conditions (Purchase Order Terms and Conditions):

a. Insurance:

BIDDER must, at its expense, purchase and maintain in full force and effect such insurance as necessary to protect itself and DISTRICT from claims which may arise from the Work required by the Bid Documents, whether such Work is done by BIDDER, by any subcontractor, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The coverages required by these General Conditions shall not in any way limit the liability of BIDDER. All insurance purchased pursuant to these General Conditions shall be in policies subject to the prior written approval of the DISTRICT as to form, content, liability limits, cost and issuing company. The requirements in these General Conditions apply to BIDDER, subcontractors and sub- subcontractors performing Work on the Project. BIDDER and all subcontractors shall furnish Certificates of Insurance, as required below, evidencing said coverage before commencing work on the Project:

(a) COMMERCIAL GENERAL LIABILITY INSURANCE covering operations and all Work done by or on behalf of BIDDER. The policy form must be nothing less than the standard Commercial General Liability insurance policy (“Occurrence Form”) with limits no less than:

i. $1,000,000 per Occurrence

ii. $3,000,000 General Aggregate

iii. $1,000,000 Personal & Advertising Injury Aggregate

iv. $1,000,000 Products/ Completed Operations Aggregate

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(b) BUSINESS AUTOMOBILE LIABILITY INSURANCE on an “Occurrence” form covering owned, hired, leased, and non-owned automobiles used by or on behalf of BIDDER and providing insurance for bodily injury and property damage with limits no less than One Million Dollars ($1,000,000) Combined Single Limit.

(c) WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE as required by Federal and State of California law.

b. BIDDER Project Manager:

BIDDER shall promptly designate a Project Manager (subject to the prior approval of DISTRICT) who shall have the required skills and capabilities to adequately perform the role, and shall be fully authorized to make decisions and otherwise deal with DISTRICT in an effective and timely manner in respect of all matters under the resulting contract. BIDDER Project Manager shall:

(i) be responsible for co-coordinating with DISTRICT the site preparation, delivery, and installation of the Equipment and provision of the related services;

(ii) oversee the various stages of the delivery and installation of the Equipment to ensure its effective and timely delivery;

(iii) ensure that BIDDER’s obligations are completed in an efficient and timely manner; and (iv) be readily available to DISTRICT by telephone and electronic communication during

hours mutually agreed upon in writing regarding the resulting contract, including, without limitation, responding to requests, queries, and complaints from DISTRICT.

c. Preparation of the Delivery Site:

The network data drop and all electrical will be completed by DISTRICT’s Chaffey College Facilities department. BIDDER will remove and dispose of the old Equipment listed in Section 1. i. of the Bid Form. BIDDER will clearly identify in its Bid any other DISTRICT responsibilities related to preparation of the Delivery Site, or failing such identification, BIDDER shall be deemed to be responsible by default for any such responsibilities.

BIDDER shall:

(i) work with DISTRICT during the planning, decommissioning, old Equipment removal and disposal, site preparation, and new Equipment installation phases of the Project; and

(ii) conduct a pre-delivery site visit to ensure that any space limitations can be accommodated by BIDDER and that the necessary personnel and heavy-lift equipment will be available to ensure a successful delivery; and

(iii) schedule an agreeable time for such work in consultation with DISTRICT to ensure that sound levels or vibrations are not excessive or detrimental during working hours.

d. Decommissioning, Removal, and Disposal of existing Radiographic /Fluoroscopic Equipment:

BIDDER shall be responsible for the decommissioning, removal, and disposal of existing Radiographic/Fluoroscopic Equipment itemized in the Bid Form, Section 1.i., (the “Equipment”). As such, BIDDER shall:

(i) coordinate all start dates for removal and disposal with Chaffey College Facilities and the Program Director so they can be present during these activities;

(ii) conduct a walk-thru with the appropriate college personnel and the program director to address the network drop and electrical location;

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(iii) setup times and dates that will accommodate the schedule for the installation of the new Equipment; and

(iv) BIDDER will pick-up of the old Equipment as itemized in the Bid Form, Section 1.i., to include the old Ziehm C-arm located in the hallway.

This work shall be completed within the scheduled time set forth in the Bid Form. DISTRICT reserves the right to make alternate arrangements for disposal of the existing Equipment if such arrangements are in the best interests of DISTRICT and DISTRICT provides reasonable notice to BIDDER.

e. SHIPMENT AND DELIVERY:

All shipping-related costs shall be included in the Bid. The Equipment shall be shipped in a “white glove” manner which includes the lift gate, inside placement, and debris removal.

BIDDER shall coordinate the delivery with DISTRICT so as not to adversely affect classroom instruction; therefore, coordination with DISTRICT’s program director will be essential.

BIDDER shall have the Equipment ready for delivery to the Delivery Site on the date specified in the Bid Form. Provided that DISTRICT provides reasonable notice to BIDDER, DISTRICT may from time-to-time change delivery dates or temporarily suspend scheduled deliveries.

BIDDER shall notify DISTRICT of delivery particulars in advance of delivery, as may be required by DISTRICT, and, without limiting the particulars required, shall provide the following information: delivery date, mode of shipment, name of shipping/courier company, courier tracking or identification number, and special instructions, if any, regarding handling prior to BIDDER’s unpacking, placement in the designated interior space, and assembly.

f. Risk and Title:

All risks of damage to or loss of the Equipment until delivery of the Equipment to DISTRICT shall be assumed by BIDDER. Thereafter, upon title of the Equipment passing to DISTRICT as provided herein, DISTRICT shall be responsible for the risk of loss or damage to the Equipment. DISTRICT shall ensure that rules of good storage management are applied to accepted deliveries, including any deliveries waiting to be returned to BIDDER. Acceptance of the delivery of the Equipment, or any part thereof, shall not bind DISTRICT to accept future shipments of the Equipment, if any. Title to the Equipment or any part thereof shall pass to DISTRICT upon delivery of the Acceptance Certificate or upon deemed acceptance as provided herein.

Where no Acceptance Test is intended to be conducted, risk and title to the Equipment shall pass on delivery of the Equipment to the Delivery Site(s), provided that title shall not pass (at the option of DISTRICT) if in the event that the Equipment does not comply with the terms and conditions of the resulting contract.

g. Rejection of Equipment:

All Equipment delivered to the Delivery Site(s) shall be subject to inspection by DISTRICT, and DISTRICT may reject any Equipment that is defective or non-conforming in any material respect. BIDDER shall be responsible, at its own expense, for the removal or replacement of such rejected Equipment. Notwithstanding Section 4.e., the risk of damage to or loss of any Equipment so rejected by DISTRICT shall remain with DISTRICT for thirty (30) days following DISTRICT’s notice of such rejection (unless otherwise agreed to by the Parties acting

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reasonably), and BIDDER shall be responsible for the risk of damage to or loss of any Equipment so rejected after that period. DISTRICT shall ensure that rules of good storage management are applied pending the return of any Equipment. For greater certainty, the conduct or failure to conduct any inspection, or the payment by DISTRICT for any Equipment, shall in no way affect DISTRICT’s right to reject defective or non-conforming Equipment, or affect its right to avail itself of any other remedy to which DISTRICT may be entitled.

h. Quality Control:

BIDDER shall conduct all quality control testing necessary to ensure quality, and shall further ensure that the Equipment produced or manufactured by it complies with the requirements of the Bid Documents. BIDDER shall use all reasonable commercial efforts to maintain ISO certification for the manufacturing, production and distribution processes used by it for the Equipment.

i. Installation:

Installation of Paxis 200 and Zen 7000 will be completed in two (2) weeks. BIDDER shall commence installation of the Equipment on the date specified in the Bid Form and supply all labor, materials, tools, equipment, permits, fees, inspection and testing costs, and supervision for the complete and satisfactory installation of the Equipment at the Delivery Site.

When installing the Equipment, BIDDER shall not, in any material respect, (a) damage any of DISTRICT’s property, or (b) disrupt or interfere with DISTRICT’s systems or procedures, except as specified in the resulting contract. In the event of any such damage, disruption, or interference, DISTRICT and its agents, contractors, and employees may take all such steps as are considered appropriate by DISTRICT to repair or restore such damage, disruption, or interference. In such circumstance, DISTRICT shall render an account to BIDDER, or may deduct the amount of any such account from any monies owing by DISTRICT to BIDDER.

During the installation of the Equipment, BIDDER shall keep the Delivery Site in as clean and safe a condition as practicable and, upon completion of the installation, BIDDER shall remove all tools, equipment, surplus materials, and debris and shall leave the Delivery Site(s) in a clean and safe condition satisfactory to DISTRICT.

j. Performance Verification:

Without prejudice to DISTRICT’s right to reject defective or non-conforming Equipment as specified in Section 2.f (Rejection), BIDDER shall notify DISTRICT in writing when it has completed the installation and the Equipment is, in BIDDER’s opinion, operating in accordance with the manufacturer’s specifications. DISTRICT shall have a period of thirty (30) days from such notification to verify that the Equipment is fully operational and performing within the specifications.

Within two (2) days of completion of DISTRICT’s performance verification, either of the following shall occur:

(i) DISTRICT will confirm that the Equipment has achieved Acceptance; or

(ii) DISTRICT shall send a written notice to BIDDER of DISTRICT’s disapproval of the

Equipment (“Disapproval Notice”), setting out the extent to which the Equipment does not operate in accordance with the Contract with sufficient specificity to allow

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BIDDER to evaluate and respond to DISTRICT’s disapproval, supported by relevant documentation and a detailed report of the reasons for DISTRICT’s disapproval.

DISTRICT shall not withhold Acceptance on account of minor omissions or defects in the Equipment. “Minor omissions or defects” mean those that do not substantially affect the use, functionality, and/or safety of the Equipment.

k. Procedure for Disapproval Notice:

Where DISTRICT issues a Disapproval Notice, BIDDER shall have an additional Ten (10) Days to cure the deficiencies and defects and achieve Acceptance. In the event that Acceptance is not achieved within such Ten (10) Day period, DISTRICT may, at its option:

(i) request and have replaced by BIDDER, at no additional cost to DISTRICT, the

Equipment, or the components of the Equipment that have been the source of the failure, in which case BIDDER shall have a reasonable period of time to replace the Equipment; or

(ii) terminate the Contract and request prompt removal of the Equipment from

DISTRICT’s premises, at no cost to DISTRICT, and BIDDER shall provide a full refund of the money paid to date to DISTRICT within a reasonable period of time following such removal.

Upon the removal of the Equipment, if applicable, BIDDER shall, unless otherwise directed by DISTRICT, return the immediate area where the Equipment is located (“Equipment Area”) to its original condition (as defined herein) to DISTRICT’s reasonable satisfaction, at BIDDER’s expense. For the purposes of this provision, “original condition” means the condition the Equipment area was in prior to the final preparation of the Equipment area for installation of the Equipment. For greater certainty, BIDDER shall only be responsible for the direct and reasonable costs associated with the removal of the Equipment and the return of the Equipment area to the original condition or as otherwise reasonably necessary to install suitable equivalent equipment, and such responsibility shall be subject to BIDDER (i) being provided full control over the means in which the Equipment is removed, provided that such removal is performed in accordance with BIDDER’s standard practices, and (ii) having oversight over the decisions made relating to the return of the Equipment Area to the original condition.

l. Manuals, Bulletins, and Documentation:

Unless stated otherwise in BIDDER’s Bid, on the date of Equipment delivery, the following manuals/materials shall be provided at no charge to DISTRICT and shipped with the Equipment, unless otherwise specified in the resulting contract:

(i) one (1) complete set of user manuals;

(ii) available electronic media for user education in CD-ROM format;

(ii) a hard copy of the installation kit; and

(iii) any service bulletins, user bulletins, or similar type of or related bulletin including, but not limited to, on-line technical resources that relate to the Equipment.

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m. Training:

BIDDER shall provide hands on training on the operations and manipulation for the following items to DISTRICT:

(i) XR-A5480X Table, Summit, Four Way Float Top Table, quantity 1.

(ii) Simulator Operator Console, Summit, Spectra 30 HF AP, L308-01, quantity 2.

BIDDER shall coordinate with DISTRICT to ensure that DISTRICT staff is available for the training sessions to be scheduled in accordance with the dates in the Bid Form.

After the training has been completed, DISTRICT reserves the right to request, at DISTRICT’s expense, the following:

(i) Additional follow-up training as reasonably required; and

(ii) Technical and consulting support. Such support shall include, but shall not be limited to, support for and assistance with the resolution of any problem or difficulty with the operations of the Equipment.

n. Service Support/Replacement Parts:

(i) Availability: BIDDER shall:

1. ensure that full service support and parts are available for a period of seven (7) years following the last date of production of the Equipment and its accessories;

2. provide full access to telephone technical support at no charge to DISTRICT, provided that the Equipment remains in use by DISTRICT; and

3. without limiting the generality of Section n.(i) 1. above, provide DISTRICT with a one (1) year written notification prior to the Equipment parts no longer being available, and failing such notification, BIDDER shall provide DISTRICT sufficient notice to ensure that DISTRICT may purchase the parts that are no longer available.

Delivery: BIDDER shall deliver satisfactory new replacement parts within five (5) days or less from the time of order placement, or if requested by DISTRICT, BIDDER shall deliver rush-order replacement parts within forty-eight (48) hours or less for the XR-A5480X Table, Summit, Four Way Float Top Table, and quantity 1 and Simulator Operator Console, Summit, Spectra 30 HF AP, L308-01, quantity 2. All replacement parts must be OEM specified or as otherwise agreed to in writing and documentation to that effect shall be provided to DISTRICT when the parts are delivered or within thirty (30) Days of delivery.

o. Response Time to Malfunctions:

At any time when DISTRICT is using the Equipment, BIDDER’s response to malfunctions shall be within eight (8) hours (excluding weekends and holidays) by telephone with necessary parts shipped within twenty-four (24) hours (excluding weekends and holidays) to the BIDDER’s service location if the malfunction cannot be resolved over the telephone. If a service call is required, response shall be within twenty-four (24) hours (excluding weekends and holidays) of DISTRICT’s notification to BIDDER. During the Warranty Period, no charge shall be imposed by BIDDER for the services described in this provision.

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p. Warranty:

BIDDER warrants that all Equipment, when delivered, will be new and in good working order – no rebuilt, demo or used units. BIDDER warrants that all Equipment, when delivered, will conform to DISTRICT's specifications. BIDDER warrants all Equipment delivered to be free from defects in materials and workmanship for the minimum periods as follows:

ITEM: WARRANTY COVERAGE WARRANTY TERM RESPONSE TIME

XR-A5480X Table, Summit, Four Way Float Top Table

Full Service (Parts/Labor)

5 Years 24 hours

Simulator Operator Console, Summit, Spectra 30 HF AP L308- 01

OTS 3 Years 24 hours

Collimator 1 Year 24 hours

Balance of Items 5 Years 24 hours

*Notes: (i) response times exclude weekends and holidays, and (ii) the full service warranty coverage is all-inclusive and covers on-site repairs and servicing, parts, and related travel and transportation costs during the warranty term.

q. Breach and Remedies:

The failure by BIDDER to comply with any conditions of the Bid Documents and the resulting Purchase Order will be deemed a breach of the Contract.

Upon DISTRICT’s right of inspection per the Contract, if BIDDER fails or neglects to furnish or deliver in a timely manner any of the items at the prices stated and in accordance with the terms and conditions of the Bid Documents and the Purchase Order, DISTRICT may cancel the entire Purchase Order or any portion affected by such default. DISTRICT may procure said items from other sources at the prevailing market rate without competitive bidding and may deduct from any unpaid balance due BIDDER or collect from BIDDER any and all resulting excess costs over the applicable unit price, including expenses incurred in purchasing and/or delivery.

All goods purchased from BIDDER shall be subject to inspection by DISTRICT for defects or non-compliance with specifications. If DISTRICT discovers defective or non-compliant goods, DISTRICT may, at its option, annul and set aside the contract entered into with said BIDDER, either in whole or in part, and make and enter into a new contract in accordance with law for cover. Any additional cost or expense incurred by DISTRICT in making such cover contract and any additional cost of cover by reason, including, but not limited to, attorneys’ fees or legal expenses, or failure of BIDDER, as stated above, shall be paid by such BIDDER and BIDDER’s insurer.

5. THE CONTRACT

The “Contract” or “the resulting contract” refers to and consists of the Purchase Order and the Bid Documents, including any attachments or exhibits or notices referenced, constitutes the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations or agreements, either written or oral. After issuance of the Notice of Award, the Contract may be modified only by a written change notice signed by DISTRICT.

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The Purchase Order and the Bid Documents, and any attachments or exhibits or notices referenced, are complementary and what is required by one shall be as binding as if required by all. In the case of conflict or inconsistency, the following order of precedence shall apply:

(i) Change Notice(s) (ii) Purchase Order

(iii) Special Conditions (iv) General Conditions (Purchase Order Terms and Conditions) (v) Instructions to Bidders

(vi) Specifications (vii) Bid Form

Time is of the essence for this Contract.

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SPECIFICATIONS

I. PRODUCT SPECIFICATIONS: All Equipment must be new, no refurbished items.

Qty 1 XR-A5480X Table, SUMMIT, FOUR WAY FLOAT TOP TABLE, quantity one System (NEW)

-FOUR-WAY FLOAT TOP TABLE WITH FOOT TREADLE CONTROL -+/- 5" TRANSVERSE TRAVEL 32" LONGITUDINAL -84" X 30" TABLE TOP TABLE HEIGHT 31.5" -GRID CABINET WITH ELECTRIC LOCK 22" TRAVEL -DOES NOT INCLUDE GRID -HEAVY DUTY CASSETTE TRAY --400 LB RATED PATIENT LOAD -OPERATES ON 120 VAC ELECTRICAL SERVICE

Qty 2 Simulator Operator Console, Summit, SPECTRA 30 HF AP, L308-01, EA (NEW) -TECHNIQUE SELECTIONS: KVP/ MAS AND ANATOMICAL PROGRAMMING -ALLOWS PREP AND EXPOSURE SIMULATION WITH AUDIBLE AND VISUAL EXPOSURE INDICATORSIMULATOR OPERATOR CONSOLE, SUMMIT, SPECTRA 30 HF AP, L308-01, EA -OPERATES ON 120 VAC ELECTRICAL SERVICE DOES NOT INCLUDE TABLE OR WALLSTAND M200 MANUAL OVERHEAD TUBE SUPPORT (OTS) -CEILING MOUNT TUBE SUPPORT SYSTEM -VERTICAL AXIS IS MOTOR DRIVEN FOR EASE OF MOVEMENT -15 FEET / 4.6 METER LONGITUDINAL RAILS -LONGITUDINAL TRAVEL 192 INCHES -10 FEET / 3 METER BRIDGE - TRANSVERSE TRAVEL 95 INCHES -MOTORIZED VERTICAL COLUMN - VERTICAL TRAVEL 63 INCHES -TUBE COLUMN ROTATION - 180º WITH DETENTS EVERY 45º -TUBE ANGULATION ±135º WITH DETENTS EVERY 45º -DIGITAL DISPLAY OF SID AND ROTATION-ELECTROMAGNETIC LOCKS WITH SAFETY ON IN CASE OF POWER OUTAGE-FIXED TRUNNION TUBE MOUNT A120X X-RAY TUBE - NON OPERATIONAL -ROTOR DOES NOT SPIN, NO X-RAY 07359-002 RALCO R225 MANUAL COLLIMATOR -CERTIFIED, MANUAL COLLIMATOR -LED LIGHT SOURCE. SINGLE LASER BUCKY LINE -EXTERNAL POWER SUPPLY

II. PRODUCT S U B S T I T U T I O N S : No Product Substitutions will be considered without DISTRICT approval prior to bid submittal.

III. MAINTENANCE-SERVICE REQUIREMENTS: As specified in the Special Conditions.

IV. TRAINING OF DISTRICT PERSONNEL: As specified in the Special Conditions.

V. TRADE-INS: None.

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