B26-80 Bid Text.pdf

WHEEL ALIGNMENT SERVICES

BID #26-80

JEFFERSON COUNTY PURCHASING DEPARTMENT

HISTORIC COURT HOUSE, 195 ARSENAL STREET

WATERTOWN, NEW YORK 13601-2565

PH: (315) 785-3077

FAX: (315) 785-7591

Email: Bids@jeffersoncountyny.gov

Date of Notice: August 18, 2026

Notice to Bidders

In accordance with Section 103 of General Municipal Law, State of New York, Jefferson County (herein called the County) invites the submission of sealed bids for:

BID #26-80 WHEEL ALIGNMENT SERVICES

Sealed Bids will be received by the Office of the County Purchasing Department electronically via the Jefferson County Purchasing Department’s webpage:

https://www.jeffersoncountyny.gov/departments/Purchasing/OpenSolicitationsandBidOpportunities or in person or via mail at: Jefferson County, 195 Arsenal Street, Watertown, New York 13601, until WEDNESDAY, SEPTEMBER 23 2026 AT 3:00 PM EST. Bids may not be submitted via fax or email, and all bids submitted must remain valid for up to forty-five (45) days from the date of the bid opening. No bids will be considered if received after the due date and time and the Purchasing Department shall assume no responsibility for the premature opening of any bid not properly addressed and identified.

Copies of this bid may be examined and copies obtained at the County Purchasing Department. The County reserves the right to reject any and all bids received.

All questions regarding this bid should be submitted via the Jefferson County Purchasing Department’s bid portal at https://vendors.planetbids.com/portal/69610/portal-home. Vendors must log in to their vendor profile to access or submit bid questions. Vendors may register for a vendor profile at any time at no cost.

mailto:Bids@jeffersoncountyny.gov https://www.jeffersoncountyny.gov/departments/Purchasing/OpenSolicitationsandBidOpportunities https://vendors.planetbids.com/portal/69610/portal-home

MINIMUM SPECIFICATIONS

SCOPE

It is the purpose of this solicitation is to award a contract for wheel alignments on County owned vehicles. This work includes, but is not limited to, two (2) wheel front end alignments, and four (4) wheel alignments of cars, light pickup trucks, up to and including Heavy trucks, Tandem Dumps, vans, etc., on an as needed basis. The County will transport all vehicles to and from the vendor location.

Service to be performed on all vehicles only will be awarded to vendor with the ability to meet needs regarding timeliness of performance deemed to meet each department’s needs. Jefferson Count’s preference is a dealer located in Jefferson County. All dealers will be considered after consulting with the Department Heads to review overall cost.

In the event the vendor cannot perform alignments within 48 hours, the County of Jefferson has the right to use the services of another vendor.

All work performed must include a 30-day warranty.

Equipment Presently Included in this Bid:

Please see Attachment “A” – Jefferson County Automotive Listing

Jefferson County reserves the right to add/delete vehicles during the term of this contract. The County will provide notification to the vendor to enable the vendor to stock the applicable parts.

AWARD

It is the intent of the County to award a contract for all services listed to a single vendor; however, a primary and secondary vendor may be awarded. The County will make every effort to utilize the primary vendor for all services required. In the event that the primary vendor cannot provide service, the secondary vendor may be utilized

BID PAGE REVISED

The undersigned proposes to furnish AUTOMOTIVE WHEEL ALIGNMENTS SERVICES for the County of Jefferson, at the prices hereinafter stated in accordance with the specifications of this solicitation.

ITEM DESCRIPTION

Price per service

11/1/2026 – 10/31/2027 Price per service

11/1/2027 – 10/31/2028

1. Passenger Vehicle – Front End Only $ $

2. Passenger (Front & Rear) - All Wheel $ $

3. Light Trucks and Vans up to 9200lb GVW

- All Wheel

4.

Medium Trucks and Vans 9201lb GVW to 18000lb GVW - All Wheel

5.

Heavy Trucks, Tandem Dumps and Tractors 18001lb GVW to 66000lb GVW - All Wheel

ADDITIONAL REQUIRED INFORMATION

Hours of Operation:

Monday through Friday to ___________

Weekends to ___________

If you are not the successful bidder as the prime supplier, would you be willing to serve as a standby (secondary) supplier to the County?

YES NO _______

COMPANY NAME: __________________________________ DATE: _____________________

INSTRUCTIONS TO BIDDERS & GENERAL REQUIREMENTS

1. With submission of a bid, a Bidder agrees to be bound by the requirements set forth in the following general conditions. Whenever reference is made to “Contractor”, “Bidder”, or “Vendor”, this shall include the party with whom the County has entered into an agreement, as well as any subcontractors whom the Bidder has engaged. Please submit two (2) copies - one (1) original unbound and one (1) copy.

2. The County does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of documents or documents that were not directly issued by the Jefferson County Purchasing Department. Any Vendor submitting a bid based on incomplete or inaccurate information resulting from documentation received from a third party shall not have cause for relief or completion of a contract in accordance with the official documents on file with the Purchasing Department. Verbal explanations or instructions regarding this bid provided by anyone other than an employee of the Purchasing Department shall be considered informal and will not be binding on the County unless confirmed in writing as an amendment to this solicitation, if such information is deemed necessary for the preparation of uniform bids. The County reserves the right to “Revise” or “Amend” the bid specification prior to the bid opening date by “Written Addenda” Prior to submission of a bid it is the responsibility of each Bidder to become fully familiar with the requirements of this solicitation. No Bidder may plead misunderstanding because of the misinterpretation of estimates, scope of work, or other issues related to this request. It shall be the responsibility of each Bidder to identify any apparent discrepancy in the specifications or question of interpretation thereof. Failure to do so constitutes acceptance as written. The apparent silence of this specification as to any details or the omission from it of a detailed description concerning any part shall be interpreted as meaning that only the best commercial practices are to prevail and that only materials and workmanship of first quality are to be used. The County shall have the right to waive any technical defect, qualification, omission, informality, or irregularity in any bid received if, in its judgment, the best interest of the County shall thereby be served. The County will issue no response to any request for clarification received within ten (10) days of the due date.

3. Sealed Bids will be received by the Office of the County Purchasing Department electronically via the Jefferson County Purchasing Department’s webpage:

https://www.jeffersoncountyny.gov/departments/Purchasing/OpenSolicitationsandBidOpportunities or in person or via mail at: Jefferson County, 195 Arsenal Street, Watertown, New York 13601. If submitting by mail or in person, bids should be in a sealed envelope marked with the name of the bid and the words “SEALED BID” written on the outside of the envelope. Please submit two (2) copies -one (1) original unbound and one (1) copy. Bids may not be submitted via fax or email, and all bids submitted must remain valid for up to forty-five (45) days from the date of the bid opening. No bids will be considered if received after the due date and time and the Purchasing Department shall assume no responsibility for the premature opening of any bid not properly addressed and identified.

4. Taxes. No charge will be allowed for federal, state, sales, and excise taxes from which the County is exempt. Exemption Certificates will be provided upon request.

5. Deviations. Deviations to the specifications must be fully explained, and if judged to be in the best interest of the County, may be accepted at the sole discretion of the County.

6. Qualifications. Each Bidder must be prepared to present satisfactory proof of his ability to successfully complete the requirements of this solicitation.

The County reserves the right to make whatever investigations or inquiries necessary to determine the competency and ability of any Bidder to complete the requirements of this solicitation. A review may include but not be limited to inspection of the Bidder’s facilities and equipment, references or previous contract performance with the County or others.

7. Accountability - Bidder shall be fully accountable for his or her performance under any contract executed pursuant to this solicitation, and agrees to answer under oath all questions relevant to the performance thereof as to any transaction, or action done or omitted in connection therewith if called before any Judicial, County or State Office or Agency empowered to investigate the contract or performance. By submitting a bid, the bidder affirms that all the requirements of the specifications are understood and accepted, and prices quoted shall be considered all-inclusive except as noted.

Each bidder affirms that all figures provided are correct to the best of their knowledge and understands that Jefferson County will not be responsible for any errors or omissions on the part of the bidder regarding estimates, calculations, or preparation of the bid, and will not be grounds for withdrawal or correction of the bid or bid security except as provided under General Municipal Law.

In case of errors between unit and extension of prices, the unit price will govern.

8. Award. The County has endeavored to incorporate within these specifications all the elements which it reasonably anticipates will be required to obtain responses from qualified Bidders. By submission of a bid you agree to provide goods or services consistent with these specifications unless otherwise stated. The bid will be awarded to the lowest responsive and responsible Bidder(s) meeting the specifications or providing acceptable deviation.

The County reserves the right to reject in whole or part, any or all bids deemed not to be in the best interest of the County at the sole discretion of the County. If two or more Bidders submit identical bids as to price, the decision of the County to award a contract to one of such Bidders shall be final. If, after review it is determined that both bids are essentially equivalent the names of both bidders will be placed in a container and the winning bid selected by a draw witnessed by a minimum of two members of the Purchasing Department and a member of the County Audit department. The resulting contract award shall be deemed executory only to the extent of the monies appropriated and available, and no liability on account thereof shall be incurred by the County beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or office creates any legal or moral obligation to request, appropriate or make available monies for the purpose of the contract.

The County intends to issue a formal Purchase Order to purchase the goods and/or services described in this solicitation. The Terms and Conditions that govern all Purchase Orders issued by Jefferson County are available on the Purchasing Department link of the County’s Website at www.jeffersoncountyny.gov.

It is understood that the successful Contractor is an independent Contractor and shall not be considered an agent of the County, nor shall any of the Contractor’s agents or employees be considered subagents for the County.

Should you decide to protest the results of the bid, please email purchasing@jeffersoncountyny.gov with the reasons for the protest. All protests must be submitted within five (5) days of the delivery of the Notice of Intent to Award. All protests must be directed to the Purchasing Department and will be reviewed by the Purchasing Director.

PLEASE NOTE THAT THE COUNTY WILL NOT PROVIDE VERBAL RESULTS OF ANY BID. REQUESTS FOR BID RESULTS MUST BE SUBMITTED IN WRITING (EMAIL IS ACCEPTABLE) TO THE JEFFERSON COUNTY PURCHASING DEPARTMENT AT Bids@jeffersoncountyny.gov RESPONSES WILL BE PROVIDED AS SOON AS

POSSIBLE.

9. Disqualification

The County reserves the right to reject any proposal for any of the following reasons:

• Failure to satisfy the requirements of this Bid.

mailto:Purchasing@jeffersoncountyny.gov

• Failure to settle outstanding bills for labor or materials related to previous contracts with the County.

• The Bidder defaulted under previous contracts with the County.

• If it is determined that the Bidder is already obligated for the performance of other work which would delay the commencement, prosecution, or completion of the services required.

• Lack of sufficient personnel, assets, or financial resources necessary to provide the services successfully as revealed by either financial statements or experience.

• Evidence of Collusion among Bidders.

• The Bidder cannot satisfy the County as to ability to perform.

10. New York State Wage Rates. If any portion of work being bid is subject to the prevailing wage rate provisions of the NYS Labor Law, the successful bidder is responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this bid and will conduct his business in strict compliance with County Law, New York State Labor Laws, Federal OSHA Laws, and all other laws that apply.

The current schedule(s) of the prevailing rates and hourly supplements for this project may be accessed at the New York State Department of Labor website @ www.labor.state.ny.us. The County has applied for and received a PRC number for this project. Copies of the schedule can be accessed by entering the assigned PRC# at the proper location on the website or rates can be obtained by contacting the Department of Labor.

If you do not have internet access you may contact the Jefferson County Purchasing Department at

(315) 785-3077 to request a copy of the prevailing rate schedule for this project.

The County will only pay, and the bidder agrees to only charge prevailing wage rates to those employees of any organization that are required by New York State law to receive said rates in the course of performing work for the County as part of this contract. The County reserves the right to withhold payment to the successful bidder pending receipt of certified payrolls in accordance with New York State Department of Labor regulations. The County Department will provide the name and address of the individual to whom the certified payrolls must be forwarded before invoices will be approved and paid. The Contractor agrees to verify all rates with the New York State Department of Labor prior to submitting a proposal and prior to doing any work for the County as well as to establish which of those workers involved in any part of the contract for the County are required by law to receive said rates.

Vendors currently on the NYS Labor Department Debarred list will not be considered for award of this contract. By submitting a bid for consideration, the bidder is indicating to the County that they are currently in good standing with the NYS Department of Labor at the time of the bid.

Applicable: Not Applicable X

11. Insurance. . In order to be considered for selection to provide the services requested by this solicitation, the company submitting a proposal must agree to not limit professional, general, or other liability to an amount less than the limits of the required insurance coverage stipulated in this document.

CONTRACTOR shall maintain or cause to be maintained, in full force and effect during the term of this Agreement, at its expense, Workers' Compensation Insurance, Employer's Liability Insurance, Disability Insurance, Commercial General Liability Insurance, Motor Vehicle Liability Insurance and other insurance with stated minimum coverages, all as listed below. Such policies are to be in the broadest form available on usual commercial terms, shall be written by insurers licensed to do business in the State of New York and which have an A.M. Best Rating of A(-) or better as determined in the most recent A.M. Best publication, and who have been fully informed as to the nature of the SERVICES to be performed, and shall cover risks and liability to CONTRACTOR resulting from this Agreement. Commercial General Liability shall include personal injury liability.

The COUNTY, its officers, employees, and agents shall be named as additional insureds on a primary and non-contributory basis on CONTRACTOR’S Commercial General Liability and Motor Vehicle Liability policies. In addition, a waiver of subrogation shall apply in favor of the COUNTY, its officers, employees and agents on CONTRACTOR’S Commercial General Liability and Motor Vehicle Liability policies.

It is further understood that any obligations imposed upon the insured (including, without limitation, the liability to pay premiums) shall be the sole obligation of CONTRACTOR and not those of the

COUNTY.

Notwithstanding anything to the contrary in this Agreement, CONTRACTOR irrevocably waives all claims against the COUNTY for all losses, damages, claims or expenses resulting from risks commercially insurable under this insurance described in this Section. The provision of insurance by CONTRACTOR shall not in any way limit CONTRACTOR's liability under this Agreement.

MINIMUM Limits of coverage

Workers' Compensation Statutory and NYS Disability

Business Automobile Liability $1,000,000 Combined Single Limit (Combined Bodily Injury and Property Damage arising out of the ownership, operation, use, loading or unloading of all owned, leased, hired and non-owned vehicles) $1,000,000 Each Occurrence $2,000,000 General Aggregate Limit $2,000,000 Products-Completed Operations $1,000,000 Advertising/Personal Injury $5,000 Premises Medical Payment

If CONTRACTOR fails to procure insurance for the COUNTY as required, recoverable damages shall not be limited to the cost of premiums for such additional insurance, but shall include all sums expended, and damages incurred by COUNTY, and their respective insurers, which would have otherwise been paid by the CONTRACTOR’S required insurance.

Each policy of insurance required herein shall be specifically endorsed to provide that in the event of cancellation, non-renewal, or material change on the part of the insurer, prior written notice shall be provided to COUNTY in accordance with the terms of the CONTRACTOR'S policy. The inclusion of such endorsement shall be confirmed on the certificates of insurance required herein.

At the time of execution of this Agreement, and upon each policy renewal, CONTRACTOR shall submit to COUNTY certificates of insurance evidencing CONTRACTOR's compliance with the requirements of this Section, including certificates of insurance from any approved subcontractors. The CONTRACTOR shall furnish the appropriate ACORD Form Certificate of Insurance to COUNTY to evidence all coverage set forth above except Workers' Compensation and Disability Insurance. A copy of the additional insured and waiver of subrogation endorsement forms must be submitted with the insurance certificates.

Workers' Compensation coverage must be evidenced by Form C105.2 or New York State Insurance Fund Form U26.3. Disability Insurance coverage must be evidenced by Form DB120.

REQUIRED EXTENDED REPORTING COVERAGE FOR CLAIMS BASED POLICIES

In the event that CONTRACTOR'S Commercial General Liability Policy is a “claims made” policy, and coverage thereunder is cancelled or otherwise not renewed, and such policy is not replaced with another “claims made” Commercial General Liability Policy which provides continuing, uninterrupted coverage, CONTRACTOR shall be required to purchase extended reporting products-completed

Type of Coverage

Commercial General Liability, (including Broad form contractual Liability, combined bodily injury and property damage) operations coverage for a minimum of three (3) years after completion of all work required of CONTRACTOR under this Agreement.

REQUIRED MINIMUM RETROACTIVE DATE FOR CLAIMS BASED POLICIES

In the event that CONTRACTOR'S Commercial General Liability Policy is a “claims made” policy, the retroactive date for products-completed operations coverage under such policy must be at least one

(1) year prior to the commencement date of this Agreement and must be shown on the appropriate ACORD Form Certificate of Insurance furnished to COUNTY.

12. Indemnification. CONTRACTOR agrees to indemnify, defend and hold harmless COUNTY, and its officers, employees and agents from and against any and all claims, liens, demands, judgments, penalties, fines, liabilities, settlements, damages, costs and expenses of whatever kind or nature (including, without limitation, attorneys’ fees and disbursements), known or unknown, contingent or otherwise, whether incurred as a result of a claim by a third party or any other person or entity, arising out of or in any way related to: (a) the work or operations of CONTRACTOR in the performance of this Agreement; or (b) CONTRACTOR’S failure to comply with any of the provisions of this Agreement or of the Law. Insofar as the facts and Law relating to any claim would preclude COUNTY or its officers, employees or agents, from being completely indemnified by CONTRACTOR, COUNTY and its officers, employees and agents, shall be partially indemnified by CONTRACTOR to the fullest extent permitted by Law. The acts or omissions of any party employed directly or indirectly by CONTRACTOR, shall be deemed to be that of CONTRACTOR for the purposes of the CONTRACTOR’s obligations to defend, indemnify and hold harmless under this Section. The fact that a party so employed by CONTRACTOR is alleged to or is proven to have acted outside the scope of employment, agency or contract, shall not relieve CONTRACTOR of any of its duties under this Section.

13. Venues and Disputes. The exclusive means of disposing of any dispute arising under a contract with Jefferson County, which is not disposed of by agreement, shall be decided in a New York State Court of competent jurisdiction located within Jefferson County, New York. There shall be no right to binding arbitration. Pending final resolution of a dispute, the Vendor must proceed diligently with contract performance. The Vendor waives any dispute or claim not made in writing and received by the County within thirty (30) days of the occurrence giving rise to the dispute or claim. The claim must be in writing for sum certain and must be fully supported by all cost and pricing information.

14. Cooperative Bidding. It is understood and agreed that in addition to the County of Jefferson, other County agencies as well as Municipalities and School Districts throughout New York State may also “piggyback” off this contract and enter into its own contract with the successful Bidder.

Jefferson County reserves the right to allow all municipal and not for profit organizations and School Districts authorized under the General Municipal Laws of the State of New York, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104. However it is understood that the extension of the contract to a Municipality or School is at the discretion of the Vendor and the Vendor is only bound to any contract between the County of Jefferson and the Vendor.

No officer, board or agency of a county, town, village, or school district shall make any purchase through a County contract unless such purchase is made based on the same terms, conditions and specifications as the County’s contract award.

Upon request, participating entities must furnish the Contractor with the proper tax exemption certificates and documentation of tax exempt status and all purchases shall be subject to audit by the political subdivision or district for which the purchase was made.

All orders will be placed by the participating entities and each entity shall be billed by and make payment directly to the successful Bidder.

The sole responsibility with regard to performance of the contract, or any obligation, covenant, condition or term thereunder is between the successful Bidder and the participating entities and not Jefferson County. In the event of a failure or breach in performance of any such contract by a participating entity or the successful Bidder, Jefferson County, specifically and expressly disclaims any and all liability for such defective performance or breach, or failure of either party to perform in accordance with its obligations, covenants and the terms and conditions of this Jefferson County centralized contract. The County reserves the right to purchase any goods or services included as part of this solicitation from any means legally available to it at any time.

Applicable √ Not Applicable

15. Contract Term and Renewal Option. The initial contract term shall be for the period FROM 11/1/26 – 10/31/28. If mutually agreed between the County and the Vendor, the contract may be renewed under the same terms and conditions for an additional One (1) year not to exceed a total contract term of Three (3) years. Notice of intent to renew will be provided to the contractor generally within ninety

(90) days prior to the expiration date of the current contract. This notice shall not be deemed to commit the County to renew the contract for the renewal period until such time as the County takes official action (generally by issuing a formal Purchase Order) to commit to such renewal. The County may issue new bids for a replacement contract at any time during the term of the initial contract if deemed necessary by the County to do so.

16. Contract Cancellation. Unless otherwise noted, the County of Jefferson retains the right to cancel any contract without cause provided the Vendor is given at least thirty (30) days notice of intent to cancel.

This provision should not be understood as waiving the County’s right to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision.

The County may cancel a contract for any of, but not limited to the following:

• If a pattern develops where a vendor consistently fails to deliver product or services which do not meet the original specifications of the award

• It is determined that gratuities in the form of entertainment, gifts, or otherwise were offered or given by a Vendor, his agent, or representative to any County official or employee with intent toward securing favorable treatment with respect to the award of a contract or the performance of an agreement

• It is determined that the successful bidder engaged in any other illegal or improper scheme promotive of favoritism or unfairness incidental to the solicitation process or the performance of the agreement

• It is determined that said improper or illegal acts occurred, the County shall be entitled to terminate any agreement and/or exercise any other remedy available to it under existing law.

In the event of any termination, postponement, delay, suspension, or abandonment the Vendor shall deliver to the County all data, reports, plans, or other documentation related to the performance of the contract, including, but not limited to guarantees, warrantees, plans, and shop drawings. In any of these events the County shall make settlement with the Vendor upon an equitable basis as determined by the County and shall fix the value of the work which was performed by the Vendor prior to the postponement, suspension, abandonment, or termination of the contract.

17. Short Term Extension. In the event a replacement contract has not been issued, any contract may be extended unilaterally by the County for an additional period of up to one month upon notice to the Vendor based on the same terms and conditions as the original contract. With the concurrence of the Vendor, the extension may be for a period of up to three months in lieu of one month. However, this extension terminates should the replacement contract be issued in the interim.

18. Emergency Purchasing. In the event that a disaster emergency is declared by Executive Order under Section 28 of Articles 2-b of the Executive Law, that an emergency exists requiring the prompt and immediate delivery of products or services, the County reserves the right to obtain such products or services from any source, including but not limited to this contract, as the County determines will meet the needs of such emergency. Vendor shall not be entitled to any claim or lost profits for products or services procured from other sources pursuant to this paragraph.

In the event an official “State of Emergency” is declared the successful Vendor agrees to provide any or all associated products and/or services on a 24/7 basis upon verbal or written notification by a representative of the County Purchasing Department or other assigned representative. Said products or services shall be provided within twelve hours of notification by the County Monday through Friday between 8:00am and 5:00pm and within twenty-four hours during off hours, weekends, or holidays.

Upon request of the County the successful Vendor shall provide a list of at least two names and contact information of the individuals having the authority to initiate the delivery of said products/services as needed. Upon request, the successful Vendor shall also supply a detailed plan for backup delivery of products and/or services in the event their main supplier is unable to fulfill the needs of the County in an emergency situation.

19. Pursuant to the provisions of Section 109 of the General Municipal Law, no Bidder to whom a contract is granted or awarded shall assign, transfer, convey, subcontract, or otherwise dispose of all or part of such contract, or of his right, title, and interest herein, including the performance of the contract or the right to receive monies due, or to become due, or of his power to execute the contract without the prior written consent of the Jefferson County Purchasing Department.

Prior to submitting a subcontractor for approval, bidder shall diligently inquire into the capability, qualifications, and background of the subcontractor, and the submission of a subcontractor for approval shall constitute an affirmative representation by the bidder that the subcontractor is fully capable, qualified, and licensed to provide the subcontracted services. Any subcontract entered into by the bidder pursuant to this bid shall provide that the bidder will retain ultimate control and responsibility for the service provided under the subcontract and that the subcontractor shall be bound by the provisions of the agreement between the bidder and the County and any other requirements applicable shall be deemed to exist between any subcontractor and the County, nor shall the bidder be relieved of any of the bidder’s obligations under this contract, as a consequence of any subcontract approved by the County.

In the event the Bidder shall, without prior written consent, assign, transfer, convey, subcontract or otherwise dispose of the contract, or of his right, title, and interest herein, including the performance of the contract, or the right to receive monies due, or to become due, or his power to execute such contract, to any other person or corporations or upon receipt by Jefferson County of an attachment against the Bidder, the County of Jefferson shall be relieved and discharged from any and all liability and obligation growing out of such contract to such Bidder and the person or corporation to which such contract shall have been assigned, his assignees, transferees, or sublessee shall forfeit and lose all monies theretofore assigned on this contract, except so much as may be required to pay his employees.

20. The Successful Bidder agrees to comply with any and all applicable laws, codes, and regulations in connection with the goods and services called for in this bid as well as the non-discrimination and employment practices as required by applicable State and Federal laws and regulations regarding employment discrimination. The bidder assures the County that in accordance with applicable law: it does not and agrees that it will not discriminate in any manner on the basis of age, color, creed, national origin, race, religious beliefs, sexual preference or handicap.

21. Audit. The County, or its duly authorized agent, shall have access to and copies of the Contractor’s records, including any books, electronic media, or programs, or material pertaining to work performed under the contract, at no cost to the County, to determine and verify the compliance with all contractual conditions. The County shall be granted access to such records at all reasonable times during the contract period and for three (3) years thereafter.

22. FOIL. Submission of a bid or proposal to Jefferson County shall be deemed consent for the proposal to be publicly identified, and the information contained therein shall be deemed a matter of public record unless such information is designated by the party submitting the bid or proposal as trade secrets or other information allowed to be kept confidential pursuant to the Public Officers' Law of the State of New York.

All material submitted in response to this Bid becomes the property of the County and will be considered public records after the award of the contract. Proposals shall not be shared with any competing offerors during the selection phase of this procurement; however, after award of the contract to the successful offeror, proposals received in response to this Request for Proposal may be subject to disclosure under a provision of the Freedom of Information Act. Information in proposals that is clearly identified as proprietary will not be disclosed at any time. Blanket statements that all contents of the proposal are confidential and proprietary will not be honored by the County. The New York State Freedom of Information Law (FOIL), as set forth in Public Officers Law, Article 6, mandates public access to certain government records. Generally, proposals submitted in response to this Bid may constitute government records subject to FOIL. Proposals may contain, among other things, certain technical, financial, or other data and information that constitute trade secrets, if publicly disclosed, could cause substantial injury to the commercial enterprise’s competitive position. To protect this information from disclosure under FOIL, Proposers should specifically identify the pages of the proposal that contain such information by properly marking the top of the applicable pages as “CONFIDENTIAL” and inserting the following statement in the front of its proposal:

The information or data on pages__________ of this proposal, identified on the top thereof as “CONFIDENTIAL”, contain financial, technical, or other information which constitute government records subject to FOIL. Proposals may contain, among other things, certain technical, financial, or other data and information that constitute trade secrets, if publicly disclosed, could cause substantial injury to the commercial enterprise’s competitive position. We request that the County use such information only for the evaluation of this proposal but we understand that the Authority must comply with the provisions of the New York State Freedom of Information Law (FOIL) and public disclosure of the information contained in this proposal whether or not marked as “CONFIDENTIAL”, and to make no claim for any damages as a result of any such disclosure by the County pursuant to FOIL.

In the event the County receives a FOIL request for disclosure of information marked as “CONFIDENTIAL”, the Proposer shall be notified of the request and may expeditiously submit a detailed statement and explanation indicating the reasons the Proposer has for believing that the information requested is exempt from disclosure under the law. This detailed statement and explanation shall be used by the County in making its determination as to whether disclosure is required under the law.

"When submitting a bid for consideration, unless otherwise noted, all bidders understand that Jefferson County may reject all submissions that are marked "confidential" either substantially or in their entirety (other than narrowly defined data considered a 'trade secret'.

All submissions are considered non public information until the evaluation is complete and a Contract or Purchase Order is issued. At that point all submissions become public record."

23. Warranty. In providing goods and services pursuant to this contract seller agrees to be bound by all warranties required by New York State Law.

24. MATERIAL SAFETY DATA SHEETS

Material safety data sheets, video tapes of training, and any printed safety data shall be delivered to the Jefferson County Safety Officer prior to executing an agreement with the County and shall become the property of Jefferson County. Employers who produce, use or store hazardous chemical at a workplace in such a way that the employees or other employers may be exposed (i.e.: employees of a construction contractor working on site) shall additionally ensure that the hazard communication program developed and implemented include the following:

REFERENCE: OSHA 1910.1220

A. The methods the employer will use to provide the other employers of any precautionary measures that need to be taken.

B. The methods the employer will use to inform the other employers of any precautionary measures that need to be taken.

C. All material safety data sheets shall maintained at the work site.

25. Equivalency. In submitting a proposal, the Bidder is agreeing to provide goods and services consistent with the specifications. Where a brand name or equivalent specification is used in this solicitation, the use of any brand name noted is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition.

A Contract, if awarded, will be on the basis of materials and equipment as described in the Drawings, or the Specifications, and “or equal” items submitted by the Bidder and accepted by the County. The Bidder may offer “or equal” items that meet the same performance or reliability standards as specified herein. If the Bidder offers an “or equal” item, the Bidder must include with the bid package, documentation establishing equality of construction, operation and utility. Said “or equal” items shall be accepted or rejected based upon the County’s evaluation of the submitted documentation. All costs associated with the review of any “or equal” items prior to recommendation to award, shall be at the Bidder’s expense.

If a submitted “or equal” item is rejected, the Bidders shall be afforded an opportunity to meet with the County to offer additional qualifying opinions and information prior to the County rejecting the bid. The Bidder shall not have the opportunity to submit any alternative materials or equipment after the bids are opened.

The decision to accept or reject an “or equal” item rests solely with the County. If a substitute “or equal” item is not accepted by the County, the bid will be deemed non-responsive and the County shall reject this bid. The next lowest responsive bid shall then be reviewed for recommendation of award.

26. Jefferson County may access contract pricing available through New York State contracts, GSA Schedule 70, Schedule 84, and Schedule 1122 contracts, and may “piggyback” on some contracts let by other municipal governments. If your products or services are offered through one of these sources you may offer the pricing of the alternate contract already in place.

If at any time during the term of this contract the successful vendor also has a NYS, GSA, or other contract legally available to the County through General Municipal Law, the County reserves the right to purchase from any or all of the contracts and the vendor agrees to supply goods or services in accordance with that contract if requested to do so.

27. Requirements Contract. Bidder acknowledges that the Contract that will be entered into as a result of this solicitation will be a Requirements Contract, and the County guarantees no minimum or maximum purchases will be made. The County will have no obligation to the Contractor if no items or services are required. Any quantities which are included are the present expectations for the period of the contract and the Contractor understands and agrees that the County is under no obligation to the Contractor to buy any amount as a result of having provided this estimate or of having had any normal or otherwise measurable requirement in the past. The bidder further understands that the County may require services in excess of the estimated annual contract amount and that such excess shall not give rise to any claim for compensation other than at the unit prices in this Contract. This contract is an Indefinite Quantity Contract. All quantities or dollar values listed within these specifications are estimates.

Applicable √ Not Applicable

28. Force Majeure: Except for the County’s obligation to make payment for goods and/or services delivered hereunder, neither party hereto shall be liable for any failure to perform the terms of the contract when such failure is due to “force majeure” as hereinafter defined. The term “force majeure” as employed in this specification shall mean acts of God, strikes, lockouts, or industrial dispute or disturbances, civil disturbances, arrests and restraint from rulers or people, interruption by government or court orders, present and future valid orders of any regulatory body having proper jurisdiction, acts of the public enemy, wars, riots, blockades, insurrections, inability to secure or a delay in securing labor or materials, including delay in securing or inability to secure materials by reason of allocations promulgated by authorized governmental agencies, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, explosions, inability to obtain easements or right-of-way.

The “force majeure” shall, so far as possible, be remedied with a reasonable dispatch. The settlement of strikes or lockouts or industrial disputes or disturbances shall be entirely within the discretion of the party having the difficulty and the above requirement that any “force majeure” shall be remedied with all reasonable dispatch shall not require the settlement of strikes, lockouts, or industrial disputes or disturbances by acceding to the demands of any opposing party therein when such course is inadvisable in the discretion of the parties having the difficulty.

29. Iranian Energy Sector Divestment. Contractor hereby represents that said Contractor is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said Contractor has not:

a. Provided goods and services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquified natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquified natural gas for the energy sector of Iran; or

b. Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

Any Contractor who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible Bidder pursuant to Section 103 of the New York State General Municipal Law.

Except as otherwise specifically provided herein, every Contractor submitting a bid in response to this Request for Bids must certify and affirm the following under penalties of perjury:

a. “By submission of this bid, 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, that each Bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”

Jefferson County will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

Except as otherwise specifically provided herein, any Bid that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Bidder cannot make the certification as set forth in subdivision (a) above, the Bidder shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons therefore. The County reserves its rights, in accordance with General Municipal Law Section 103-g to award the Bid to any Bidder who cannot make certification, on a case-by-case basis under the following circumstances:

1. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The County of Jefferson has made a determination that the goods or services are necessary for the County to perform its functions and that, absent such an exemption, the County of Jefferson would be unable to obtain the goods or services for which the Bid is offered. Such a determination shall be made by the County in writing and shall be a public document.

30. Sexual Harassment. By submission of this bid, 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 the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law. Where competitive bidding is not required, state departments and agencies may, at their discretion, require the above certification.

A model policy and training has been created by the NYS Department of Labor and can be found here:

https://www.ny.gov/programs/combating-sexual-harassment-workplace https://www.ny.gov/programs/combating-sexual-harassment-workplace

BID PROPOSAL CERTIFICATIONS

Firm Name: _________________________________________________________________________________

Business Address: _____________________________________________________________________________

Telephone Number: ____________________________ Fax Number: ____________________________________

Email: ________________________________________ Federal ID Number: ______________________________

I. General Bid Certification The bidder certifies that he will furnish, at the prices herein quoted, the materials, equipment, and/or services as proposed on this bid.

Any deviation to specifications is fully explained and attached. By signing and submitting this bid for consideration to the County of Jefferson, the vendor acknowledges that they have read, understand, and agree to the specifications as presented without reservation or alteration.

Deviations: Yes___________ No __________ II. Non-Collusive Bidding Certification

By submission of this bid proposal, the bidder certifies that he is complying with Section 103-d of the General Municipal Law as follows:

Statement of non-collusion in bids and proposals to political subdivision of the state. Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof where competitive bidding is required by statute, rule, regulation, or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: Non-collusive bidding certification.

A. By submission of this bid, 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 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 or with any competitor.

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder 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 to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restricting competition.

B. A bid shall not be considered for award nor shall any award be made where A. (1)(2) and (3) above have not been complied with; provided, however, that if in any case the bidder shall so state and shall furnish with the bid a signed statement which set forth in detail the reasons therefore.