Bid Package.pdf

2/22/2024

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN, that the County of Ontario (the “County”), will receive sealed bids for Road Salt for Ontario & Wayne Counties (B24022). Such sealed bids must be filed with the Ontario County Purchasing

Director, 20 Ontario Street, Canandaigua, New York 14424, PRIOR TO 3:00 PM prevailing time, March 20, 2024 at which time said bids will be publicly opened and read via Webex meeting.

Meeting Link:

https://ontariocountyny.webex.com/ontariocountyny/j.php?MTID=me0e54567dd0b4c892f8128fba12c5148 Meeting Number: 2336 027 9161

Password: B24022

Bid forms and specifications may be obtained at the office of the County Purchasing Director at the above mentioned address, the Ontario County Website ( www.ontariocountyny.gov/purchasing ), or the Empire

State Purchasing Group (https://www.bidnetdirect.com/new-york ) (Telephone: 585-396-4442). Vendors requesting arrangements other than U.S. Mail shall be responsible for making such arrangements and all associated costs.

The County reserves the right to renew any contract(s) awarded as a result of this bid for up to two additional, (12) twelve-month periods by annual resolution by the County Board of Supervisors and in accordance with the Bid

Specifications and New York State General Municipal Law (“GML”) Sections 103 and 104-b.

NOTE: The County shall not be held responsible for the completeness or accuracy of any bid documents received by a vendor that were not directly issued to that vendor by the County Purchasing Department.

Any vendor submitting a bid based on incomplete or inaccurate information resulting from documentation received from any third party, shall not have cause for relief from award or completion of a contract in accordance with the official documents on file with the County Purchasing Department.

It is HIGHLY suggested that all vendors interested in participating in this bid, contact the County

Purchasing Department directly at the above address or telephone number to assure they have received the most accurate and up to date material concerning this contract.

The County does not offer or supply anyone the list of people that have obtained a copy of these bid specifications or cost estimates for the project prior to the opening of the bid. NO EXCEPTIONS ARE

MADE TO THIS POLICY.

The County reserves the right to reject any or all bids.

COUNTY OF ONTARIO

Jenifer Langer

Purchasing Director Ontario County Purchasing

PROPERTY OF THE COUNTY. Reproduction of this document and its attachments in any manner, including electronically, is prohibited without the express written permission of the County Purchasing

Department.

https://ontariocountyny.webex.com/ontariocountyny/j.php?MTID=me0e54567dd0b4c892f8128fba12c5148 http://www.ontariocountyny.gov/purchasing https://www.bidnetdirect.com/new-york

INSTRUCTIONS TO BIDDERS

1) Read all documents contained in the Bid Specifications.

2) Vendors are responsible for submitting their bids to the exact location indicated on the Notice To

Bidders prior to the time indicated in the Notice To Bidders. No bids will be accepted after the designated time indicated in the Notice To Bidders. NOTE: This includes any changes listed on the latest addendum issued by the County of Ontario (the “County”) Purchasing Department, if any. Delay in mail delivery is not an exception to the deadline for receipt of bids.

3) Bidders are responsible for reporting, in writing, any errors found in the Bid Specifications to the

County Purchasing Director, 20 Ontario Street, Canandaigua, New York 14424.

4) Questions about or clarifications to the Bid Specifications must be made in writing to the County

Purchasing Director prior to the bid opening via regular mail, e-mail

(Purchasing@ontariocountyny.gov ), or fax (585-396-4250). Such questions must be in the possession of the County Purchasing Director three working days prior to the bid opening unless otherwise indicated. Please indicate the bid number on your request. Verbal questions may not be entertained.

5) Bidders shall indicate on the outside of their sealed bid the following information:

1. Title of Bid and Bid Number

2. Date and Time of Bid Opening

3. Company Name

Vendors submitting “Alternate” pricing, products or services, must do so as a separate bid package to be considered for award. Each bid must be submitted under separate cover and will be considered on its own merits.

6) The only forms necessary to be submitted as a bid are the following:

1. Bid Form, filled out completely. See General Information.

2. Individual, Corporate, Partnership or LLC Acknowledgment.

3. Non-Collusion Affidavit, signed and dated.

4. Bidder’s Statement on Sexual Harassment, signed and notarized.

5. Copy of Literature for all items offered (if applicable).

6. IRS W-9 Form. See General Information

7. Any other information as noted in the bid documents.

7) All vendors submitting a bid shall be supplied with a copy of the pricing tabulation sheet and the information regarding any resulting resolutions as soon as they become available after the bid opening.

8) Under no circumstances is it necessary to return the Bid Specifications with the bid. They should be retained by the bidder for his/her records, or returned at a later date as a part of a request for the return of a bid deposit.

Failure to submit any of the above data may result in the rejection of the bid as non-responsive.

Furthermore, the County reserves the right to require the vendor to supply any additional information it deems necessary to determine the successful responsive/responsible vendor and further to wave any minor informalities it deems in its best interest.

mailto:Purchasing@ontariocountyny.gov

GENERAL INFORMATION

METHOD OF AWARD:

A contract, if awarded, will be to the lowest responsive/responsible bidder(s) in part or in whole who meet(s) all the terms of the Bid Specifications. However, the County of Ontario (the “County”) reserves the right to award contracts to a Primary Vendor and a Secondary Vendor, in total or by group or item, as a result of this bid. The lowest responsive, responsible bidder(s) meeting all specifications and receiving an award shall be the Primary Vendor. The County may also award contract(s) to a Secondary Vendor to ensure availability of products and services when required, and to provide additional vendor availability for urgent or emergency services. If award(s) is made to a Secondary Vendor(s), the County shall first contact the

Primary Vendor for each project or order. If the Primary Vendor cannot perform the service or provide the material for any reason or within a reasonable time frame, the County may then contact the Secondary

Vendor. The County guarantees no minimum or maximum purchases as a result of award of this bid unless specified specifically in the specifications of this bid. If specifications notate a minimum or maximum purchase obligation, these requirements apply to the Primary Vendor only and do not obligate the County or other Authorized Users to a guaranteed amount with the Secondary Vendor. Additionally, the County reserves the right to purchase any goods or services included as a part of this bid through any means legally available to it at any time. The County reserves the right to allow all municipal and not for profit organizations authorized under the General Municipal Laws of the State of New York (“GML”), to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to GML

Sections 100 through 104. However, it is understood that the extension of such contracts are at the discretion of the vendor and the vendor is only bound to any contract between the County and the vendor.

GUARANTEE:

The vendor guarantees that all work will be conducted in accordance with the Bid Specifications and that all goods, materials and/or equipment supplied to the County meet or exceeds the Bid Specifications. Should the goods, materials and/or equipment be found not to meet the Bid Specifications, the vendor shall remove and/or at the County’s sole discretion, replace all faulty goods, materials and/or equipment within a time frame dictated by the County at no cost to the County.

SAMPLES:

The vendor agrees to supply samples of any or all products offered. Said samples shall be supplied at no cost to the County and shall be delivered in the same manner and in the same packaging as would be done should there be an award. Samples shall become the property of the County and there shall be no costs associated with the samples. Delivery shall be within seven (7) calendar days of request.

QUALIFICATION OF BIDDER:

Bids will only be accepted from established contractors and manufacturers or their authorized dealers who can supply the goods, material, service or equipment in accordance with the Bid Specifications. In the event a dealer submits a bid, the dealer shall guarantee that he/she is an authorized dealer of the manufacturer and the manufacturer has agreed to supply the dealer with the equipment offered in the proposal and that the dealer is authorized by the manufacturer to sell the equipment within the County. Further, the dealer agrees to submit a certificate from the manufacturer acknowledging that he/she is an authorized dealer, if so requested.

AWARD OF BID:

The award, if any, will be made within forty-five (45) calendar days of the opening date. All successful vendors shall be notified by the Clerk of the County Board of Supervisors. Notice of awards shall be in the form of a copy of the resolution awarded by the County Board of Supervisors sent to all successful vendors by U.S. mail.

FINANCING OF MATERIAL OR EQUIPMENT PURCHASES:

When any bid includes the lease and/or purchase of goods, material and/or equipment, the vendor shall submit a price on the bid form supplied by the County. The price offered shall include all delivery, finance and any other charges that may be associated with said purchases or lease. The County shall only deal with the vendors actually submitting the bid AND supplying the goods, material, service or equipment described in the Bid

Specifications. Any financial or other arrangements made between the vendor and any other party as a part of this bid are strictly between those parties and the County shall not be included or be required to participate in them in any way. Furthermore, the County shall only make payments directly to the vendor awarded a contract as a result of that vendor submitting a valid bid, being deemed the successful vendor, awarded a contract and issued a purchase order. The County shall not make partial or prepayments of any kind unless stipulated in the

Bid Specifications by the County.

PAYMENTS:

Payments to all vendors will be made within thirty (30) calendar days of receipt of an approved and accepted invoice by the County. If the contract is for equipment, the County will pay the vendor awarded the contract within thirty (30) calendar days of receipt and acceptance of the equipment as fully functional and operational including training of County staff by the vendor in the operation and maintenance of the equipment and upon receipt and approval of a correct invoice from the vendor. Prior to any vendor receiving payment, the County requires that all vendors have a current completed IRS form W-9 on file with the County Finance Department.

The County may, at its option, audit such books and records of the vendor as are reasonably pertinent to a contract awarded as a result of this bid to substantiate the basis for payment and compliance with the terms of the contract resulting from this bid.

TERM OF CONTRACT:

Initial Term: Any contract resulting from the award of this bid shall begin April 18, 2024, and end on August 31, 2025.

Extensions: County reserves the right to renew all or any part of a contract resulting from the award of this bid for up to two (2) twelve-month periods if agreeable by all parties and by resolution by the County Board of Supervisors. Any renewal shall be on the same terms and conditions as set forth in the Contract Documents.

County shall notify the Vendor on or before June 1st of its intention to renew a contract for an additional twelve-month period.

PRICE ADJUSTMENTS:

Unless otherwise stated in this document, at no time during the term of any contract arising from an award by the County Board of Supervisors may any of the contract pricing be changed for any reason without prior written approval by the County. The vendor may request a price adjustment after the first six months of a contract term. However, the vendor may only make one such request per contract term. If a price adjustment request is made, the vendor shall give the County a minimum of thirty-(30) calendar days notification of any request for a price adjustment. Said adjustment may at no time exceed the Consumer Price Index Table 4 for all items as calculated by the County Purchasing Department. Should the County deem the requested adjustment unacceptable, the County reserves the right to terminate the contract in accordance with the terms of this bid and seek pricing from whatever sources legally available. (See also, “Quarterly Fuel Price

Adjustments” for County initiated price adjustments)

FUEL SURCHARGES:

The County will not pay any type of fuel surcharge on any item or contract unless specifically indicated as such by the County in the solicitation or contract. Any fuel charges added and not authorized by the County will be deleted from any payments made to the vendor.

TAX ON MATERIALS:

In regard to any taxes applicable to a contract resulting from this bid, please acquire a copy of form ST-

120.1 from the NYS Department of Taxation and Finance and follow accordingly.

COMPLIANCE:

The vendor expressly understands and agrees that it is and shall in all respects be considered an independent contractor. The vendor, its employees, partners, associates, subcontractors, subconsultants and any others employed or retained by the vendor in the performance of a contract resulting from this bid, are not and shall not hold themselves out nor claim to be an officer or employee of the County, nor make claim to any rights accruing thereto, including but not limited to Workers Compensation, Unemployment Benefits, Social Security or retirement plan membership or credit. Further, vendor, by virtue of his/her independent contractor status, shall under no circumstance constitute an employee of the County for purposes of the Affordable Care Act, shall not be entitled to any subsidy or credit in connection with this bid, and agrees if the County were to be assessed a penalty related to this bid that vendor will defend and indemnify the County for any said penalty or related penalty.

PROGRESS:

The vendor shall issue progress reports to the County as the County may direct and shall immediately inform the County in writing of any cause for delay in the performance of a contract resulting from this bid.

INDEPENDENCE:

The vendor expressly understands and agrees that it is and shall in all respects be considered an independent vendor. The vendor, its employees, partners, associates, subcontractors, subconsultants and any others employed or retained by the vendor in the performance of a contract resulting from this bid, are not and shall not hold themselves out nor claim to be an officer or employee of the County, nor make claim to any rights accruing thereto, including but not limited to Workers Compensation, Unemployment Benefits, Social Security or retirement plan membership or credit.

NON-DISCRIMINATION:

The vendor expressly agrees that:

(a) in the hiring of employees for the performance of a contract resulting from this bid, neither the vendor, any subcontractor, nor any person acting on their behalf, shall discriminate against any person on the basis of any characteristic or classification protected under New York State or federal anti-discrimination laws, who is otherwise qualified and available to perform the work to which the employment relates; and

(b) neither the vendor, any subcontractor, nor any person acting on behalf of such vendor or subcontractor shall, in any manner, harass, discriminate against or retaliate against any employee hired for the performance of work under this Agreement on account of any characteristic or classification protected under

New York State or federal anti-discrimination laws; and

(c) in the course of performance of work under a contract resulting from this bid, neither the vendor, any subcontractor, nor any person acting on their behalf shall, in any manner, harass, discriminate against, or retaliate against any person on account of any characteristic or classification protected under New York State or federal anti-discrimination laws; and

(d) that there may be deducted from the amount payable to the vendor by the County under any contract resulting from this bid a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; and

(e) that any contract resulting from this bid may be cancelled or terminated by the County, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of this section.

NO CONFLICT:

The vendor agrees that it has no interest and will not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the services and duties hereunder. The vendor further agrees that, in the performance of a contract resulting from this bid, no person having any such interest shall be employed by it.

The vendor represents and warrants that it has not employed or retained any person, other than a bona fide full time salaried employee working solely for the vendor to solicit or secure a contract resulting from this bid, and that it has not paid or agreed to pay any person (other than payments of fixed salary to a bona fide full time salaried employee working solely for the vendor) any fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making a contract resulting from this bid. For the breach or violation of this provision, without limiting any other rights or remedies to which the County may be entitled or any civil or criminal penalty to which any violator may be liable, the County shall have the right, in its discretion, to terminate a contract resulting from this bid without liability, and to deduct the contract price, or otherwise to recover, the full amount of such fee, commission percentage, gift or consideration.

RECORDS:

All original records compiled by the vendor in performing under a contract resulting from this bid, including but not limited to written reports, studies, drawings, blueprints, negatives of photographs, computer printouts, graphs, charts, plans, specifications and all similar recorded data, shall become and remain the property of the

County. The vendor may retain copies of such records for its own use.

DEFENSE AND INDEMNIFICATION:

The vendor agrees to the fullest extent of the law:

(a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the vendor shall indemnify and hold harmless the County, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the vendor or third parties under the direction or control of the vendor; and

(b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of the acts or omissions referred to in Sub-paragraph “(a)” above and to bear all other costs and expenses related thereto. The duty to defend hereunder shall be triggered immediately upon notice to the vendor by the County of the County’s receipt of a Notice of Claim, service of process or other demand or claim.

These defense and indemnification obligations shall survive the expiration or termination of any contract resulting from this bid, whether occasioned by the contract’s expiration or earlier termination.

TERMINATION:

The County, upon ten (10) calendar days’ notice to the vendor, may terminate any contract(s) resulting from this bid in whole or in part when the County deems it to be in its best interest, whether with or without cause.

In such event, the vendor shall be compensated and the County shall be liable only for payment for goods, materials, equipment and/or services provided under any contract(s) awarded as a result of this bid up to the effective date of termination.

In the event of a dispute as to the value of services rendered by the vendor prior to the effective date of termination, it is understood and agreed that the County shall determine the value of such services rendered by the vendor. Such reasonable and good faith determination shall be accepted by the vendor as final.

Should the equipment fail to perform as advertised at any point within the timeframe of the guarantee, the vendor shall, at its own expense, and at the County option, repair or replace said equipment. Should the vendor fail to make the equipment operate as advertised within a reasonable amount of time as determined by the using department and the County Attorney, the vendor agrees to remove the equipment and refund the County a prorated amount as follows: the percentage of time the equipment ran as advertised, as documented by the

County, in comparison to the manufacturers guarantee shall be calculated and that percentage of the original purchase price shall be deducted and the remainder of the original purchase price shall be refunded to the

County. No finance or any other charges shall be assessed to or by either party.

In the event the County determines that there has been a material breach by the vendor of any of the terms of any contract(s) awarded as a result of this bid and such breach remains uncured for five (5) days after service on the vendor of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate any contract(s) awarded as a result of this bid and the County shall have the right, power and authority to complete that which is required by the contract awarded as a result of this bid, and any additional expense or cost of such completion shall be charged to and paid by the vendor. Service of notice hereunder shall be effective on the date of mailing.

JUDGMENTS/LEGAL FINDINGS:

By submitting this bid for consideration, the vendor affirms that they currently have no judgments or other legal findings nor have any pending judgments or other legal findings against the company, its executives or any other person that will be employed in any fashion as a part of this contract, with any federal, state or local governmental entities that in any way could impact or have the potential to impact their ability to legally complete any contract awarded them as a result of this bid. Failure to disclose any such judgments and/or findings will result in the termination of any contracts and other penalties as deemed legal and appropriate by the County.

IRAN DIVESTMENT ACT

By submitting a bid in response to this solicitation or by assuming the responsibility of a contract awarded hereunder, bidder/contractor (or any assignee) certifies that it is not on the list of "Entities determined to be non-responsive bidders/offerors pursuant to The New York State Iran Divestment Act of 2012"

("Prohibited Entities List") posted on the New York State Office of General Services (“OGS”) website at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on any contract(s) awarded as a result of this bid any subcontractor that is identified on the Prohibited

Entities List. Additionally, bidder/contractor is advised that should it seek to renew or extend any contract(s) awarded as a result of this bid, it must provide the same certification at the time the contract is renewed or extended.

During the term of any contract(s) awarded as a result of this bid, should the County receive information that a person (as defined in New York State Finance Law Section 165-a) is in violation of the above-referenced certifications, the County will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that he/she has ceased its engagement in the investment activity which is in violation of The New York State Iran Divestment Act of 2012 within ninety (90) days after the determination of such violation, then the County shall take such action(s) as may be appropriate and provided for by law, vile, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the bidder/contractor in default.

The County reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

SUBSTITUTE OR "OR EQUAL" ITEMS:

A Contract, if awarded, may be on the basis of materials and equipment as described in the Drawings, and

Bid 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 and 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 of award, shall be at the bidders 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.

However, if the County determines that the materials or equipment do not meet the minimum acceptable specification, the vendor will not have the opportunity to offer the County other alternatives or to offer the original equipment specified by the County. Additionally, the bidder shall not have the opportunity to submit any alternative materials or equipment after the bids have been opened or awarded. Neither the

County nor its representatives shall make any determinations as to equality of materials or equipment prior to the opening of bids.

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.

NON-APPROPRIATIONS CLAUSE:

In accordance with the GML, the County will not be liable for any purchases or contracts for which funding is not available. As a result, the vendor agrees to hold the County harmless for any contracts let for which funding either does not currently exist or for which funding has been removed prior to the issuance of a purchase order by the County. Issuance of a purchase order by the County indicates that the County currently has and has set aside adequate funds to procure the goods and services indicated in the purchase order or contract. Receipt of a resolution by the County Board of Supervisors is not in and of itself a binding contract with the County. Should it become necessary for the County to cancel a project or purchase after an order to proceed or purchase order has been issued, the County will only be liable for and the vendor agrees to only assess those financial damages that it can prove to have incurred as a direct result of the cancellation. See Bid Form for further notes.

NON-ASSIGNMENT:

In accordance with GML Section 109, at no time during the duration of any contract(s) resulting from this bid, shall the successful vendor be allowed to assign, transfer, convey, sublet or otherwise dispose of the same, or of his right, title, or interest therein, or his power to execute such contract, to any other person or corporation any portion of the contract to a third party without the prior express written approval of the

County Board of Supervisors.

EMPLOYEE VERIFICATION REQUIREMENTS:

All vendors and all municipal entities included under any contract(s) resulting from an award of this bid are required to comply with all current state, federal and local laws, rules and regulations as they pertain to the verification of the ability of each employee to legally work in this state and country. This includes all employees, subcontractors and their employees engaged in work covered by said contract.

All vendors shall, upon request, supply the County with certified copies of U.S. Citizenship and

Immigration Services Form I-9 for all employees, subcontractors and their employees. These forms should be on file at the vendor’s home office and are available online at http://www.uscis.gov/files/form/i-9.pdf .

http://www.uscis.gov/files/form/i-9.pdf

By submitting a bid for consideration by the County, the vendor acknowledges that it has complied with and will continue to comply with all regulations and statutes concerning the verification of employee status.

MISCELLANEOUS:

If any provision of a contract resulting from this bid is determined to be invalid or unenforceable, that shall not affect the validity or enforceability of the remaining portions of the contract resulting from this bid. Any such invalid or unenforceable provision shall be modified so as to give effect to the original intent of the parties to the maximum extent possible. Each and every provision of law and clause required by law to be inserted in a contract resulting from this bid shall be deemed to have been inserted herein, and if through mistake or inadvertence such provision is not inserted, said clause shall be deemed to have been inserted and shall have the full force and effect of law. Any contract resulting from this bid shall be construed and enforced in accordance with the laws of the State of New York.

BID FORM RESPONSES:

When filling out the Bid Form, be certain that:

1. All blanks are filled in with the requested information;

2. All forms are signed in blue or other non-black ink;

3. All areas requiring a price are to be filled in as follows:

• Supply a numerical price for all products or services to be provided. (This includes a $0.00 if there is no additional cost for any item);

• The words “No Bid” if you are not interested in or unable to perform any particular portion for the bid;

• All markings other than those indicated above or any blank spaces where prices are indicated shall be deemed as a “no bid” by the County and shall make the vendor non-responsive for that particular item (s). No exceptions shall be made in this case.

BID SPECIFICATIONS SUBMITTED BY: County Purchasing

County Department of Public Works

Rev 012624 1

SPECIAL CONDITIONS FOR PURCHASE OF ROAD SALT MATERIALS

1.0 ELIGIBLE PARTICIPANTS

Upon award of the bid, the County will notify the political subdivisions participating in this cooperative purchase as to the approved Vendor, contact person and bid pricing. Participation of the municipal entities will be at their option.

Ontario County shall not be liable for participation or for the cost of road salt procurement by any political subdivisions.

2.0 FINANCIAL ARRANGEMENTS

It should be recognized that units of government participating in this cooperative purchase, employ various methods of contract and payment and vendor(s) are hereby notified that they must follow those methods in accordance with instructions furnished by the various units of government.

Political subdivisions and others authorized to participate, are required to make payments directly to the vendor for all charges associated with the sale of the salt requested.

3.0 ESTIMATED QUANTITIES

The quantities listed for Road Salt and Treated Road Salt are based on the requirements filed for each purchasing agency. Each purchasing agency is required to purchase a minimum of 50% of their filed requirement.

See Section 6.0 – Minimum/Maximum Obligations for percentage obligations for purchasing agencies and Vendors. The Vendor must furnish all quantities actually ordered at or below the awarded bid prices.

4.0 CONTRACT TERM AND EXTENSIONS

Initial Term: Any contract resulting from the award of this bid shall begin April 18, 2024, and end on August 31, 2025.

Extensions: County reserves the right to renew all or any part of a contract resulting from the award of this bid for up to two (2) twelve-month periods if agreeable by all parties and by resolution by the County Board of Supervisors. Any renewal shall be on the same terms and conditions as set forth in the Contract Documents.

County shall notify the Vendor on or before June 1st of its intention to renew a contract for an additional twelve-month period.

5.0 PRICE

Bidder shall quote ONE DELIVERED PRICE, which shall apply to any point within the boundaries of Ontario and Wayne Counties.

Rev 012624 2

Price shall include all customs and duties and be net per ton, FOB destination designated on purchase order, including unloading of the bulk salt. Bid prices shall be firm except for price revisions permitted in accordance with the following clauses:

• Price Escalation Based on Exceeding 120% of Filed Requirement;

• Price Escalation Based on Exceeding 130% of Filed Requirements;

• Fuel Price Adjustment; and

• Price Adjustment for Renewals

5.1 Price Escalation Based on Exceeding 120% & 130% of Filed Requirement

A price escalation will be permitted when delivery quantities exceed 120%, and again at 130%, of filed requirement.

Vendors shall notify purchasing agency of the price escalation amount applicable at the time an order is placed (if an escalation in price for future purchases is to be applied).

A unit price increase of 10% will be allowed once quantities delivered are over 120% of a purchasing agency’s filed requirement. Once deliveries exceed 130% of a purchasing agency’s filed requirement the price increase will change to 15%.

Purchasing agencies are allowed to solicit prices from other Vendors who are a part of the award once notified that a price escalation is applicable. If a lower price is secured, the Vendor for the specific location must be given an opportunity to match or better the offered price. If the Vendor will not or cannot match or better the offered price, purchasing agencies may obtain their needs from the awarded Vendor offering the lower price.

Purchasing agencies with multiple delivery sites shall have their minimum/maximum delivery quantities determined based on the sum of all their sites serviced by awarded Vendor.

Vendors will continue to deliver to all purchasing agencies including up to 130%.

Failure to deliver may result in a delivery deduction to the Vendor.

5.2 Fuel Price Adjustment

A fuel price adjustment may be made to contract pricing in accordance with the following procedure:

• Fuel Price adjustments will be made for deliveries of road salt during the contract period. Deliveries made after August 31 to meet minimum filed requirement obligations will use the fuel price adjustment in effect for August 31.

• On a monthly basis an amount may be added or deducted from contract pricing based on prices posted in the "EIA Retail On-Highway Diesel Prices". The New England PADD 1A shall be the designated posting for the adjustments.

Rev 012624 3

The 2024/25 base rate for calculating adjustments will be established as posted in the EIA Retail On-Highway Diesel Prices for New England PADD1A for the Monday, March 18, 2024.

The monthly average will be arrived at by using the Monday prices for a given month as displayed in the EIA Retail On-Highway Diesel Prices and determining an average for that month. The previous month's prices shall be used to determine the monthly average (i.e. – March’s prices will be used to determine April’s adjustment). All prices will be rounded to two decimal places.

The fuel price adjustment shall be applied for the date of delivery.

Example: If a purchase order for salt is received on January 30, and the salt is delivered on February 2, the fuel price adjustment used will be that for the month of February.

EXAMPLE FUEL PRICE ADJUSTMENT INCREASE:

Published rate on date of bid opening $4.07 Monthly Average Price $4.17

Monthly Average Price – Published rate on date of bid opening = Fuel Price Adjustment

$4.17 - $4.07 = $0.10 = Additional amount allowed to be added to price per ton.

EXAMPLE FUEL PRICE ADJUSTMENT DECREASE:

Published rate on date of bid opening $4.07 Monthly Average Price $3.97

Monthly Average Price – Published rate on date of bid opening = Fuel Price Adjustment

$3.97 - $4.07 = - $0.10 = Amount allowed to be deducted from price per ton.

5.2.1 Fuel Price Adjustment for quantities exceeding 120% & 130%

The calculation for the fuel price adjustment for quantities ordered over the 120% and 130% thresholds with 10% or greater surcharges shall be as follows:

(Base price per ton * surcharge) + (fuel price adjustment) = adjusted price per ton

Rev 012624 4

EXAMPLE OF FUEL PRICE ADJUSTMENT INCREASE FOR ORDER

OVER 120% OF FILED REQUIREMENT:

Base price per ton in contract $60.00 (example only) Published fuel rate on date of bid opening $4.07 Monthly Average Price of fuel $4.17 Fuel price adjustment ($4.17 - $4.07 = $0.10) $0.10 Surcharge of 10% 1.1

($60 * 1.1) + ($0.10) = $66.10 per ton

5.3 Additional Notes on Fuel Price Adjustment

Should postings become unavailable, not reflective of market conditions, or differ from current description and/or format, a posting determined by the County to be most reflective of market conditions will be used. Corrections to posted prices will be considered only when caused by a typographical or clerical error on the part of said posting.

The following shall apply to all additional price amounts under any contract awarded:

• Price adjustments are limited to changes in pre-selected posting as noted above.

Increases in contract costs or prices to compensate for other increases in the cost of doing business, regardless of the cause or nature of such costs of the Vendor, will not be allowed during the contract period, except as indicated under the fuel price adjustment and price escalation clause herein.

• Should the price structure utilized by the parties become unworkable for the

Counties, detrimental or injurious to the Counties, or result in prices which are not truly reflective of current market conditions and the price is deemed unreasonable or excessive by the County, and no adjustment in price is mutually agreeable, the County reserves the sole right upon 10 days written notice mailed to the Vendor to terminate any contract resulting from this bid opening. If the Vendor is unable or unwilling to meet contractual requirements in whole or in part, it shall immediately notify the County of that fact in order that the County may take appropriate action.

Such notification shall be in writing and shall be directed to the County Purchasing Director. Such notification shall not relieve the Vendor of its responsibilities under any awarded contract.

In the event of an extension, the base rate for calculating adjustments will be the rate shown in the referenced EIA on the date of the next bid year’s bid opening and for subsequent years additional extensions would follow this format. If there is no bid opening date for the next year, the base rate for calculating adjustments will be the rate shown in the referenced EIA one year after the last bid opening date. If the date is not a business date when the posting occurs, the next business day will be the date used for the adjustment.

Rev 012624 5

5.4 Price Adjustment for Renewals

Price Adjustments for renewals shall not exceed the "Unadjusted Percentage Change" for Rock Salt, Northern Region, product code #1479-335 of the Producer Price Indexes, published by the US Department of Labor, Bureau of Labor Statistics. The unadjusted percentage change will be for the most recent 12-month period as published at the time of renewal.

5.5 Price Reductions

Vendors shall be permitted to reduce their pricing any time during the contract term.

6.0 MINIMUM/MAXIMUM OBLIGATIONS

6.1 Minimum/Maximum Purchase Obligations

This bid, if awarded, will result in filed requirement contracts which require purchasing agencies to purchase a minimum of 50% of their filed requirement and Vendors are obligated to deliver up to 130% of the filed requirement for Road Salt and Treated Road Salt.

Purchasing agencies with multiple delivery sites shall have their minimum/maximum delivery quantities determined based on the sum of all their sites serviced by a Vendor.

When the purchasing agency is not able to take the minimum required amount, the Vendor will store salt for the purchasing agency until December 31 of that calendar year (i.e., agency did not take minimum by 8/31/25 – Vendor will store through 12/31/25) at a per ton rate. If storage is necessary for a purchasing agency beyond 12/31/25, the Vendor may offer storage at a per ton per month rate. Delivery of stored salt between 9/1/24 and 5/31/25 shall meet the delivery terms as stated herein.

6.2 Minimum Order

The minimum order for any contract awarded as a result of this bid shall be 22 tons.

7.0 DELIVERY TERMS

All deliveries shall be made FOB-destination purchasing agency stockpiles. The Vendor shall make necessary arrangements with the purchasing agencies to ensure a sufficient supply in the stockpile at all times on, as requested, or keep full basis during a contract period.

Holiday schedules to be provided by Vendor to all purchasing agencies. If the scheduled delivery is to occur on a holiday or weekend, the next weekday will be the delivery date, unless the Vendor and the purchasing agency mutually agree to change delivery date.

If no representative of the purchasing agency is available at the time of delivery, the Vendor shall make a reasonable effort to notify the purchasing agency of the delivery, either by phone or by email.

Rev 012624 6

Completed delivery, at the latest, is required as follows:

• Vendor is required to deliver orders of 600 tons or less within three (3) Business Days after receipt of order.

• Vendor will be required to deliver a minimum of 200 tons per day after the initial 600-ton delivery.

• Multiple orders placed for the same delivery site that overlap will be viewed as a single order, still subject to the overall 200 tons per day minimum delivery.

8.0 WEIGHT TICKETS

All shipments of bulk salt shall be accompanied by a weight ticket of a licensed weigh master indicating the producer, net weight of the delivery, and in the case of bulk delivery, the stockpile source. Tickets should be completely filled out with hauler name (printed and signed) and purchasing agency representative name printed and signed (if purchasing agency representative is present at the time of delivery).

The certification must bear the weigh master’s signature; weights shall be recorded from a scale equipped with a weight printing device. Handwritten weights are not acceptable.

In the event that handwritten tickets must be used, the Vendor must contact purchasing agency to obtain approval prior to delivery of the order.

9.0 PREVENTION OF CONTAMINATION

Delivery trucks shall be inspected (and cleaned if necessary) prior to loading to prevent contamination of salt loads by residual materials found in the truck bodies. Any loads found to be contaminated may be subject to rejection with all related cleanup and/or replacement costs to be borne by the Vendor.

All shipments of salt shall be totally covered with a waterproof, non-porous tarpaulin, or similar sheeting material. Torn, ripped or mesh coverings may be cause for rejection of shipment. Also, evidence of free-flowing water/brine in particular shipments may be cause for rejection.

Upon inspection of delivered salt, the material shall be uniform in appearance, free flowing and free from visual evidence of foreign matter including but not limited to dirt, stone, chips, trash or any other material that could reasonably be expected to interfere with the use, handling or storage of the salt. Salt shall be received in a free-flowing and usable condition.

The right is reserved to consider truckloads of salt delivered by the Vendor to any one purchasing agency on a single day to be a single delivery. Price deductions imposed because of contamination may be imposed on the total day’s delivery.

If the purchasing agency accepts contaminated salt (salt delivered in a lumpy condition which requires reprocessing in order to make it usable shall be cause for rejection of the entire delivery, with a replacement delivery to be made at no additional charge to the purchasing agency.

Rev 012624 7

If, because of emergency conditions, it is necessary to accept and reprocess the Salt for use, all costs will be charged to the Vendor. For operational reasons, a 10% price deduction may be placed on the Vendor by the purchasing agency after consultation with the Vendor.

10.0 LIQUIDATED DAMAGES

Completing the work within the time specified herein or delivery of the material ordered herein at the time required, is necessary and vital to efficient and proper operation of the purchasing agencies. The liquidated damages herein prescribed are established as a reasonable approximation of the additional costs and expenses, which will be incurred by the purchasing agencies for failure to complete the work or deliver the materials on time. Said sum, in view of the difficulty of accurately ascertaining the actual loss to the purchasing agency by delay in delivery, is hereby fixed and agreed upon the parties hereto.

• The Vendor further agrees that the purchasing agencies shall be, and are hereby authorized to deduct and retain out of the monies which may be due to, or may become due under a contract established using the bid, the sum of $1,200 dollars per day as liquidated damages for each and every day the materials or supplies shall not be furnished, over and beyond the time herein stipulated for its completion, said sum in no way to be considered a penalty.

END OF SECTION

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Rev 120823 1

SPECIFICATIONS FOR PURCHASE OF ROAD SALT MATERIALS

1.0 SCOPE

This specification describes the minimum material and quality detail for Road Salt for use as snow and ice control. Treated Road Salt is granular sodium chloride (Rock Salt) treated with corrosion inhibited liquid magnesium chloride, Types 1 and 2.

2.0 MATERIALS

2.01 Road Salt

It is the intent of this specification to describe sodium chloride (ASTM D632 Type 1, Grade 1 or the latest revision thereof) crushed Rock Salt, to be used for snow and ice control.

2.1.1 Chemical Composition

Shall be not less than 95% sodium chloride. Percent of sodium chloride shall be determined in accordance with ASTM D632 or the latest revision thereof.

2.1.2 Size Grading – Rock Salt

The salt, when tested in accordance with ASTM D632 (*) or the latest revision thereof, shall conform to the following requirements for particle size distribution:

Sieve Size Percent Passing (**)

1/2” - (12.5 MM) 100

3/8” - (9.5 MM) 95 - 100

No. 4 - (4.75 MM) 20 - 90 No. 8 - (2.36 MM) 10 - 60 No. 30 - (600 MICRONS) 0 – 15

* A drying temperature of 110°C + 5°C may be used.

** Tolerance of 5 percentage points on the maximum value of the range for each sieve except 1/2" (12.5 mm) and 3/8" (9.5 mm) sizes, on which no tolerance will be allowed.

2.1.3 Moisture Content (crushed Rock Salt)

Moisture content upon delivery shall not exceed 1-1/2% (*) when determined as follows:

% Moisture = (W1 - W2) x 100 (W1)

W1 = initial weight of sample

Rev 120823 2

W2 = weight of sample after drying to a constant weight at 110°+5°C.

* Procedure shall be in accordance with ANSI/AWWA B200-03, Moisture Determination or the latest revision thereof. A tolerance of 0.5% will be allowed before a deduction is assessed.

2.1.4 Inhibitor Treatment

Salt shall be treated with an anticaking conditioner. The quantity of inhibitor used shall be in the range of 0.1 to 0.2 lbs./ton. Potential vendors shall supply with their bid a description of the inhibitor treatment used, quantity of inhibitor used per ton of salt, method of determining the presence of the treatment and information relative to the solubility and photodecomposition of the treating agent. Potential harm to the ecology caused by inhibitor treatment may be cause for rejection of a bid.

Salt delivered in a lumpy condition which requires reprocessing in order to make it usable shall be cause for rejection of the entire delivery, with a replacement delivery to be made at no additional charge to the purchasing agency.

If, because of emergency conditions, it is necessary to accept and reprocess the Salt for use, all costs will be charged to the vendor.

2.1.5 Sampling

Sampling shall be done in accordance with current ASTM D632 or the latest revision thereof. Purchasing agency, or any of its authorized representatives, reserves the right to take samples from the vendor’s stockpile or transfer point or from shipments at the point of destination.

The right is also reserved to consider truckloads of salt delivered by the vendor to any one delivery location on a single day to be a single delivery. Price deductions imposed because of deviation from specifications may be imposed on the total day’s delivery.

2.1.6 Price Deductions

No price deduction is to be assessed unless the proper analysis and test procedures are followed.

If the vendor consistently delivers salt found to be above 2% moisture content for Rock Salt or consistently not…