COARSE ROCK SALT AND TREATED SALT BID DOCS.pdf

KRISTIN E. EILERS

Clinton County Purchasing Agent Clinton County Government Center 137 Margaret Street, Suite 208 Plattsburgh, New York 12901 Phone: 518-565-4607 Fax: 518-565-4616 E-mail: kristin.eilers@clintoncountyny.gov

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DATE: August 13, 2025

To Whom It May Concern:

Notice is hereby given that sealed proposals are sought and requested for the following:

BID OPENING INFORMATION

NAME:

OPENING DATE:

TIME:

PLACE:

COARSE ROCK SALT AND TREATED SALT

Tuesday, August 26, 2025

2:30 PM

Clinton County Purchasing Agent 137 Margaret Street, Suite 208 Plattsburgh, NY 12901

BID PROCEDURE INFORMATION

One copy of the complete bid shall be submitted in sealed envelopes addressed to:

Clinton County Purchasing Agent County Government Center 137 Margaret Street, Suite 208 Plattsburgh, New York 12901

On the face of said envelope, the following information shall be included:

1. ) NAME AND ADDRESS OF BIDDER AND

"BID FOR COARSE ROCK SALT AND TREATED SALT"

No contractor to whom this contract is let, granted or awarded, shall assign, transfer, convey, sublet, or otherwise dispose of same, or of his right, title, and interest herein, including the performance of this contract or the right to receive monies due or to become due, or of his power to execute this without the prior written consent of the Clinton County Purchasing Agent. In the event that the contractor shall without prior written consent assign, transfer, convey, sublet or otherwise dispose of this contract or of his right, title and interest herein, including the performance of this 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 Clinton County of an attachment against the contractor, the County shall be relieved and discharged from any and all liability and obligation growing out of such contract to such contractor, and the person or corporation to which such contract shall have been assigned, his assignees, transferees or sublease shall forfeit and lose all monies theretofore earned under this contract, except so much as may be required to pay his employees.

It is the bidder's responsibility to read the attached GENERAL CONDITIONS which outline bidding rules of the Clinton County Purchasing Department.

Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS.

Bidders must complete attached Clinton County forms which include Non- Collusion Bidding Certification, Certificate of Compliance with the Iranian Divestment Act, Bidder's Statement on Sexual Harassment, Information Sheet, and Vendor Reference Sheet. If Bidder is a Corporation, an authorizing resolution of the Board of Directors must accompany the bidder's signature page. These forms must be ro erl executed and submitted with the ro osal.

Sincerely, &" .0^-^^ Kristin . Filers

Purchasing Agent

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CLINTON COUNTY PURCHASING AGENT

County Government Center

137 Margaret Street, Suite 208 Plattsburgh, New York 12901

518-565-4609

GENERAL CONDITIONS

All proposals shall be made upon forms furnished by the Purchasing Agent for the County of Clinton and shall be contained in sealed envelopes and addressed to Clinton County Purchasing Agent, 137 Margaret Street, Suite 208, Plattsburgh, New York 12901.

BIDS

1. Form of proposal as issued by the County Purchasing Agent shall be completely filled in by ink or typing. No bid will be accepted which contains any changes, additions, omissions or erasures, unless otherwise stated

2. Bidder must submit with bid detailed specifications, circulars and all necessary data on items he proposes to furnish. This information must show clearly that the item offered meets all detailed specifications herein. The Purchasing Agent reserves the right to reject any bid if its compliance with the specifications is not clearly evident. If item offered differs from the provisions contained in these specifications such differences must be explained in detail, and bid will receive careful consideration if such deviations do not depart from the intent of these specifications and are to the best interests of the County of Clinton as interpreted by the Purchasing Agent of the County of Clinton.

3. The Contractor shall pay all sales, use, excise, transportation and other taxes and fees for which he is liable under the Contract. The cost of such taxes and fees shall be included in the price, or total of several prices, given in the Bid on which the Agreement is based, and no separate payment will be made therefore.

4. All bids received after the time stated in the Notice to Bidder may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the County. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified.

If the bid opening location is closed on the scheduled date/time of the bid opening due to inclement weather or an emergency, the bid opening will occur on the next business day at the same time and location.

5. No interpretation of the meaning of the specifications or other contract document will be made to any bidder orally. Every request for such interpretation should be in writing, addressed to the Purchasing Agent, not later than five (5) days prior to the date fixed for the opening of bids. Notice of any and all such interpretations and any supplemental instructions will be sent to all bidders of record by the Purchasing Agent in the form of addenda to the specifications. All addenda so issued shall become a part of the contract documents.

6. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the supplies, materials, or equipment required and a representation that the bidder can furnish the supplies, materials or equipment satisfactorily in complete compliance with the specifications.

Pursuant to General Municipal Law §102 and County Law §408-a, any political sub-division or fire company (as both are defined in Section 100 of the GML) or district authorized to make purchases of apparatus, materials, equipment or supplies, or to contract for services related to the installation, maintenance or repair of apparatus, materials, equipment and supplies may make said purchases by piggybacking on the award of this bid, provided that the awarded vendor agrees to do so under the same terms and conditions as stated herein.

All orders or request for services will be placed directly by the participating agency. The awarded vendor shall invoice and receive payment directly from said agency. Clinton County assumes no responsibility for purchases made by other entities.

7. If two or more bidders submit identical bids as to price, the decision of the Purchasing Agent to award a contract to one of such identical bidders shall be final. (General Municipal Law, Sec. 103, Sub. 1).

AWARD

8. The Purchasing Agent for the County of Clinton reserves the right to waive any informality or to reject any or all bids.

Clinton County reserves the right to:

. Reject any or all proposals, in whole or in part

. To make awards item by item, by category, by parts or in bulk

. To waive minor defects

. To cancel the award at any time the foregoing conditions are not complied with, or for any good and sufficient reason if deemed in the best interest of the County to do so

. To increase or decrease quantities of any/all items

. To purchase recycled goods, wherever practical, whenever it is deemed to be in the best interests of the County to do so

. To purchase items on State, County, Cooperative or other Governmental Agency contracts if such item(s) can be obtained on the same terms, conditions, specifications, and at a lower price, if applicable

. To eliminate any portion(s) of the bid in order to operate within its established budget

. To purchase the product at the quoted price during the contract period, however there are no guarantees that the County will purchase any/all items listed

9. Awards will be made to the lowest responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, their conformity with the specifications, the purpose for which required, and the terms of delivery.

Bids must conform to the terms set forth in the Bid Documents, as extraneous terms or material deviations (including additional, inconsistent, conflicting or alternative terms) may render the bid non-responsive and may result in rejection of the bid.

Extraneous terms submitted on standard, pre-printed forms (including but not limited to:

product literature, order forms, license agreements, contracts or other documents) which are attached or referenced with the submission shall not be considered part of the bid, but shall be deemed included for information or promotional purposes only.

10. No contract hereunder shall, either in whole or in part, be assigned, transferred, conveyed, sublet or otherwise disposed of to any other person, company or corporation unless approval is first obtained in writing from the County Purchasing Agent.

11. A contract may be canceled at the successful bidder's expense upon non-performance of contract.

DELIVERY

12. Delivery must be made in accordance with the instructions to bidders and specifications. If delivery instructions do not appear on order, it will be interpreted to mean prompt delivery. The decision of the Purchasing Agent as to reasonable compliance with delivery terms shall be final.

13. The Purchasing Agent will not accept any deliveries on Saturdays, Sundays, or legal holidays, except commodities required for daily consumption or where the delivery is for an emergency.

14. Items shall be securely and properly packed for shipment, storage, and stocking in shipping containers and according to accepted commercial practice, without extra charge for packing cases, baling, or sacks.

15. The successful bidder shall be responsible for delivery of items in good condition at point of destination. He shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The receiving department will note for the benefit of successful bidder when packages are not received in good condition. Carton shall be labeled with purchase order or contract number, successful bidder's name and general statement of contents. Failure to comply with this condition shall be considered sufficient reason for refusal to accept the goods.

16. Unless otherwise stated in the specifications, all items must be delivered into and placed at a point within the building as directed by the shipping instructions or the Purchasing Agent. The successful bidder will be required to furnish proof of delivery in every instance.

17. Unloading and placing of the equipment and furniture is the responsibility of the successful bidder, and the County accepts no responsibility for unloading and placing of equipment. Any costs incurred due to the failure of the successful bidder to comply with this requirement will be charged to him. No help for unloading will be provided by the County, and suppliers should notify their truckers accordingly.

18. All deliveries shall be accompanied by delivery tickets or packing slips. Ticket shall contain the following information for each item delivered:

Contract Number and/or Purchase Order Number Name of Article

Item Number (if applicable) Quantity Name of the Successful Bidder

INSTALLATION OF EQUIPMENT

19. The successful bidder shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed. Upon completion of the work the premises shall be left in a neat, unobstructed condition, and the buildings broom cleaned, and everything in perfect repair and order. Old materials are the property of the successful bidder unless otherwise specified.

20. Equipment, supplies, and materials shall be stored at the site only on the approval of the Purchasing Agent and at the successful bidder's risk. In general, such on-site storage should be avoided to prevent possible damage or loss of the material.

21. Work shall be progressed so as to cause the least inconvenience to the County and with proper consideration for the rights of other successful bidders or workmen. The successful bidder shall keep in touch with the entire operation and install his work promptly.

22. Bidders shall acquaint themselves with conditions to be found at the site and shall assume all responsibility for placing and installing the equipment in the locations required.

23. Equipment for trade-in shall be dismantled by the successful bidder and removed at his expense. The condition of the trade-in equipment at the time it is turned over to the successful bidder shall be the same as covered in the specifications, except as affected by normal wear and tear from use up to the time of trade-in. All equipment is represented simply "as is". Equipment is available for inspection only at the delivery point listed for new equipment, unless otherwise specified.

GUARANTEES BY THE SUCCESSFUL BIDDER

24. The successful bidder guarantees:

(a) His products against defective material or workmanship and to repair or replace any damages or marring occasioned in transit.

(b) To furnish adequate protection from damage for all work and to repair damages of any kind for which he or his workmen are responsible, to the building or equipment, to his own work, or to the work of other successful bidders.

(c) To carry adequate insurance to protect the County from loss in case of accident, fire theft, etc.

(d) That all deliveries will be equal to the accepted bid sample.

(e) That the equipment delivered is standard, new, latest model of regular stock product or as required by the specifications; also that no attachment or part has been substituted or applied contrary to manufacturer's recommendations and standard practice. Every unit delivered must be guaranteed against faulty material and workmanship for a period of at least one year from date of delivery. If during this period such faults develop, the successful bidder agrees to replace the unit or the part affected without cost to the County. Any merchandise provided under the contract which is or becomes defective during the guarantee-period shall be replaced by the successful bidder free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment. The successful bidder shall make any such replacement immediately upon receiving notice from the County

SAVING CLAUSE

25. The successful bidder shall not be held responsible for any losses resulting if the fulfillment of the terms of the contract shall be delayed or prevented by wars, acts of public enemies, strikes, fires, floods, acts of God, or for any other act not within the control of the successful bidder and which by the exercise of reasonable diligence he is unable to prevent.

GOVERNING LAWS & RULES

26. The Contractor shall comply with all the provisions of the laws of the County of Clinton, the State of New York and of the United States of America which affect municipalities and municipal contracts, and more particularly the Labor Law, the General Municipal Law, the Workmen's Compensation Law, the Lien Law, Personal Property Law, State Unemployment Insurance Law, Federal Social Security Law, State, Local and

Municipal Health Law, Rules and Regulations, and any and all regulations promulgated by the State of New York and of amendments and additions thereto, insofar as the same shall be applicable to any contract awarded hereunder with the same force and effect as if set forth at length herein. The bidder's special attention is called to those laws which are set forth below;

27. Section 103-d of the General Municipal Law of the State of New York which reads as follows:

"1. 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 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 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 to 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 cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor.

Where (a) (1) (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof which the bid is made, or her designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a bidder (a) has published price lists, rates or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph one (a).

2. Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation."

28. NON-DISCRIMINATION AND LABOR PRACTICES

In accordance with Section 220-e of Article 8 of the State Labor Law, the Contractor agrees:

A. That in the hiring of employees for the work of this Contract or any Sub-Contract, neither he nor any Sub-Contractor, nor any person acting on behalf of the Contractor, or any Sub-Contractor, shall by reasons of race, creed, color, sex, national original, or disability discriminate against any citizen of the State of New York who is qualified and available to perform the work to which his employment relates; and

B. That neither the Contractor, nor any Sub-Contractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, national origin, or disability; and

C. That there may be deducted from the amount payable to the Contractor by the Owner, 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 this Contract; and

D. That this Contract may be canceled or terminated by the Owner, and all monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Contract; and

E. That the aforesaid provisions of this section covering contracts for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York.

F. During the performance of this Contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, or disability, and will take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, sex, color, national origin, or disability. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the job training.

2. The Contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice to be provided by the State Division of Human Rights, advising such labor union or representative of the Contractor's agreement under subparagraphs (1) through (7) (hereinafter called "non-discrimination clauses"). If the Contractor was directed to do so by the contracting agency as part of the Bid or negotiation of this Contract, the Contractor shall request such labor union or representative to furnish him with a written statement that such labor union or representative either will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and terms and conditions of employment under this Contract shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with such a request that it furnish such a statement, the Contractor shall promptly notify the State Division of Human Rights of such failure or refusal.

3. The Contractor will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Division of Human Rights setting forth the substance of the provisions of subparagraphs (1) and

(2) and such provisions of the State's laws against discrimination as the State Commissioner of Human Rights shall determine.

4. The Contractor will state, in all solicitations, or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, sex, color, national origin or disability.

5. The Contractor will comply with the provisions of Sections 291-299 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the State Commissioner of Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to his books, records and accounts by the State Commissioner of Human Rights, the Attorney General and the Industrial Commissioner for purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law.

6. This Contract may be forthwith canceled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commissioner of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the State or a public authority or agency of the State, until he satisfies the State Commissioner of hluman Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the State Commissioner of Human Rights after conciliation efforts by the State Division of Human Rights have failed to achieve compliance with these non-discrimination clauses and after verified complaint has been filed with the State Division of Human Rights, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before the Commissioner of Human Rights or his designee. Such sanctions may be imposed and remedies otherwise provided by law.

7. The Contractor will include the provisions of sub-paragraph (1) through (7) of this paragraph A and in every Sub-contract or purchase order in such a manner that such provisions will be binding upon each Sub-contractor or vendor as to operations to be performed within the State of New York. The Contractor will take such action in enforcing such provisions of such Sub-contract or purchase order as the contracting agency may direct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation with a Sub-contractor or vendor as a result of such direction by the Contracting Agency, the Contractor shall promptly so notify the Attorney General, requesting him to intervene and protect the interest of the State of New York.

G. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in the performance of this Contract.

H. This agreement shall be void and of no effect unless the Contractor shall secure compensation insurance for the benefit of, and keep insured during the life of this agreement, such employees engaged therein as are required to be insured by the provisions of the Worker's Compensation Law of the State of New York.

I. warrants that it is in compliance with the Americans with Disabilities Act (Public Law 101-336) and that it will, in carrying out the requirements of this contract, comply in all respects with the provisions of the Act and its implementing regulations.

J. Clinton County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC subsections 2000d to 2000d-4, and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act) hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration of award.

29. All vendors must comply with provisions of the Toxic Waste Right to Know Law and provide the County with any and all information as required by law (Materials Safety Data Sheets).

All regularly manufactured stock electrical items must bear the label of the Underwriter's Laboratories, Inc.

30. Bids on equipment must be on standard new equipment, of latest model and in current production, unless otherwise specified. All supplies, equipment, vehicles and materials must meet the provisions of the Occupational Safety and Health Act.

31. The form of non-collusion bidding certification following the form of proposal must be executed by the bidder and submitted with the proposal.

32. Bidders must complete attached Clinton County forms which include Information Sheet and Vendor Reference Sheet, Non-Collusion Form, Certification of Iranian Divestment Act, and Sexual Harassment Statement. If the Bidder is a corporation, an authorizing resolution passed by the Bidder's board of directors, and with the corporate seal affixed, must accompany the signature page of the bid documents. These forms must be submitted with the proposal.

END OF SECTION

CLINTON COUNTY HIGHWAY DEPARTMENT

736 Route 3

Plattsburgh, New York 12901

(518) 565-4040

BID PROPOSAL

COARSE ROCK SALT AND TREATED SALT

A. DESCRIPTION OF SERVICE

The Clinton County Highway Department is soliciting bids for furnishing and delivering Coarse Rock Salt and a mixture of Crushed Rock Salt and Liquid De-icing Compound for snow and ice control as more specifically set out in Section C. Technical Specifications.

B. GENERAL CONDITIONS

1. Contract Participation by Clinton County Departments and Political Sub-divisions and Districts: Authorized Contract Users

a) County Departments: All Clinton County Departments may utilize and purchase under any County centralized commodity and/or service contract let by the Clinton County Purchasing Department, unless the bid specifications limit purchases/services to specific departments or prohibit such participation.

b) Non-Clinton County Authorized Users: Under NYS General Municipal Law Section (103), subdivision (3), it is the intent of this Request for Bids that all political subdivisions and districts located in the County of Clinton, herein referred to as Authorized Users, be entitled to make purchases of materials from the resulting bid award.

c) Responsibility for Performance: Utilization of Clinton County service contracts by qualified Non-Clinton County Authorized Users is permitted upon the following conditions:

i) The responsibility with regard to performance of any contractual obligation, covenant, condition, or term there under by any Authorized User other than County departments shall be borne and is expressly assumed by such Authorized User and not by the County.

ii) Each Authorized User shall be billed and make payment directly to the successful bidder.

iii) A breach of the contract by any particular Authorized User shall neither constitute nor be deemed a breach of the contract as a whole which shall remain in full force and effect, and shall not affect the validity of the contract nor the obligations of the Contractor there under respecting non-breaching Authorized Users, whether the County or otherwise.

iv) For a breach by an Authorized User other than a County Department, the County specifically and expressly disclaims any and all liability for such breach.

v) The Contractor shall maintain insurance coverage as specified in Clinton County - Contract Requirements, Schedule A - General Insurance Requirements, which is attached hereto and made part of this Bid Specification.

vi) Each Non-Clinton County Authorized User and Contractor guarantees to save the

County, its officers, agents, and employees harmless from any liability that may be or is imposed by their'failure to perform in accordance with its obligations under the contract.

Contract Term: The contract term shall be September 1, 2025 through April 30, 2026.

Upon mutual agreement between the County and successful bidder awarded the contract, the contract may be renewed for up to two (2) additional term periods under the same terms and conditions, as contained in the original contract and subject to price adjustments for renewals per Section B. 12 of this proposal. Bidder(s) shall provide the exact location of their source for each bid item.

Award: Award shall be based on the lowest per unit cost, compliance with all requirements of this Bid Proposal and performance history of fulfilling contractual obligations. The cost analysis shall be conducted by the Clinton County Highway Department and the Clinton County Highway Superintendent shall make the final recommendation of bid award and shall be the overseer of the contract awarded as a result of this Bid Proposal. It is the intent of the Clinton County Highway Department to award the contract to one vendor providing both products.

Multiple awards will not be made.

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

a) Section 11. Fuel Price Adjustments

b) Section 12. Price Adjustments for Renewals

Bidder Qualifications: Bidders shall provide proof of technical ability to produce and provide all bid items and services as may be required, for which they are submittjng a bid price for the full term of the contract. Providing adequate proof of such ability is the sole responsibility of the bidder. The County reserves the right to inspect the bidder's facilities and to inspect and/or test materials. The County, in its sole discretion, shall determine the bidder's compliance with the required qualifications.

Non-Compliance: The supply of sub-standard or non-compliant material by awarded vendor shall be cause to reject the material and may also be cause for the County to purchase the material from an alternate source and charge the difference in cost between the bid price and the price paid to such alternate source to the rejected vendor, and may also be cause to cancel the vendor's contract in its entirety.

Material Quantity: Schedule C- Coarse Rock Salt and Treated Salt Quantities is attached for estimating purposes. Final quantities to be provided prior to contract execution. The participating municipalities agree to take ninety (90%) percent of its requirement's stated'in the finaled Schedule C - Coarse Rock Salt and Treated Salt Quantities. The Contractor agrees to supply up to one hundred twenty (120%) percent of the amounts as stated in the'finaled Schedule C at the Contractor's bid price. The parties agree to re-negotiate pricing for any quantities exceeding one hundred twenty (120%) percent of those stated in said Schedule.

The parties agree that agencies may be added to or deleted from said Schedule C and the stated quantities may be adjusted as part of the negotiations for subsequent contract terms.

8. Material Quality: Materials shall conform to the applicable requirements as stated in Section C. Technical Specifications. The County of Clinton or any contracting agency resen/es the right to inspect and test all materials. Replacement of non-compliant materials shall be at no additional cost to the contracting agency.

9. Project Safety: All personnel shall be required to wear appropriate personal protective equipment (PPE), in accordance with all current MUTCD and OSHA requirements.

10. Delivery: Prior to November 15, the successful bidder agrees to deliver rock salt and/or treated salt within fourteen (14) working days (defined as Monday through Friday) from the placement of an order. For orders placed after November 15, deliveries shall commence within five (5) days from the placement of an order and the successful bidder agrees to deliver at least 200 tons per day until the order has been filled.

Delivery schedules shall be approved by the participating municipalities. The participating municipalities reserve the right to establish other delivery schedules and quantities if conditions warrant.

All trucking provided by the successful bidder shall comply with the New York State Vehicle and Traffic Law, Clinton County and other applicable governmental rules and regulations.

Contractor shall notify Clinton County or the Authorized User promptly regarding anticipated performance issues such as low supply, late delivery, lack of product, and insufficient hauling capability. Failure by the Contractor to do so may result in liquidated damages and/or a buy against in accordance with Section B. 14 - Liquidated Damages.

Although Contractor is expected to make ever/ effort to meet these delivery timeframes, some exceptions may be made for extreme road and/or weather conditions (e. g.

roadways that are closed, obstructed, or impassable due to winter weather conditions).

Allowances for exceptions must be approved by Clinton County or the Authorized User, whose decision shall be final. Delivery will be allowed during the weekend and on County holidays only if the Contractor and the ordering Authorized User mutually agree. No additional remuneration will be made for a Saturday, Sunday or holiday delivery.

11. Fuel Price Adjustments: A price adjustment for diesel fuel shall be incorporated herein.

The base rate for calculating adjustments under this contract are established as posted in the EIA Retail On-Highway Diesel Prices for New England PADD1A for the week beginning September 1, 2025. Price adjustments (additions and subtractions) shall be applied to this contract using the posted price for the week in which deliveries occur.

The following is an example of how to apply the fuel adjustment;

Deliveries the week of September 14, 2025:

September 14th Posted Price: $5. 207 May 22nd Base Line Price: $4. 166 Adjustment: +$1. 041/ton

Bulk salt price delivered: $90. 00/ton + $1. 041 = $91. 041 rounded = $91. 04/ton.

12. Price Adjustment for Renewals: Price Adjustments for extensions or renewals shall be negotiated and mutually agreed upon by Clinton County and the Contractor. Clinton County's review may include appropriate indices, market conditions reflecting supply and demand, and other economic factors deemed appropriate by the County.

13. Best Pricing Offer: During the Contract term, if the Clinton County Highway Superintendent becomes aware that the Contractor is selling substantially the same or a smaller quantity of a Product outside of this Contract upon the same or similar terms and conditions as that of this Contract at a lower price to a federal, state or local governmental entity, the price under this Contract, after consultation with the Contractor, may be reduced to a lower price on a prospective basis at the discretion of the Clinton County Highway Superintendent. The Clinton County Highway Superintendent reserves the right to'request information to verify pricing for the purposes of this clause.

14. Liquidated Damages: During the period November 15 through March 31, deliveries that do not meet the daily delivery tonnage requirements and/or the established order completions period specified, shall be considered cause for interruption of the proper implementation of the County's winter roadway safety. If it is determined that the interruption is caused by non-performance or negligence on the part of the Contractor, it is presumed that in the event of any such delay, the amount of damage that is sustained from a delay in daily delivery tonnage requirements and/or the established order completions period specified, is the greater of either:

1. $100. 00 per Business Day per purchase order or individual orders, as applicable; or

2. 1% of the value of the purchase order or individual orders, as applicable, for each

Business Day that the breach is not cured by the Contractor.

Clinton County and the Contractor agree that in the event of any such delay the awarded Contractor shall pay such amount as liquidated damages. During times when an Authorized User must work with the Contractor to prioritize/coordinate deliveries due to delays, the Contractor is not absolved from meeting deliver/ timetable requirements at other locations. During times of extreme weather activity that impact deliveries system-wide, Clinton County or the Authorized User may consider waiving liquidated damages.

The following options may be used by Authorized Users for deducting amounts due to the Contractor because of liquidated damages:

1. Authorized User may deduct such amount from any money payable to the Contractor; or

2. Authorized User may bill the Contractor separately.

Costs incurred include, but are not limited to the following:

. Increased personnel costs due to demurrage;

. Increased costs incurred for treatment of salt on hand to extend usage;

. Costs for clean-up after required application of alternative snow and ice control materials

(i. e., salt mixed with sand).

Claims for liquidated damages must be requested within thirty (30) days of the event.

15. Payments: Invoiced amounts will be paid upon acceptance of the materials by authorized users or his/her designated representative within thirty (30) days after receipt of an itemized invoice.

16. Termination: Unless otherwise stated in these Bid Specifications, the County, upon ten

(10) calendar days' written 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 or Authorized User shall be liable only for payment of materials provided to it under any contract(s) awarded as a result of this bid up to the effective date of termination.

17. Description of Item(s) and Service(s) Bid: Reference Section C. Technical Specifications.

18. Contract Requirements: For informational purposes, Clinton County Contract Requirements are attached hereto including its Insurance Requirements.

19. Questions on Bid Proposal: Questions on this Bid Proposal may be directed to Kristin Filers, the Clinton County Purchasing Agent, in writing only, to Kristin. Eilers clintoncoun n . ov.

PLEASE SUBMIT BID PROPOSALS IN TWO 2 COMPLETED COPIES

AS RE UESTED IN NOTICE TO BIDDERS.

C. TECHNICAL SPECIFICATIONS

1. Coarse Rock Salt, Type A

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.

a. 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.

b. 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

1/2" - (12. 5 MM)

3/8" - (9. 5 MM)

No. 4 - (4. 75 MM) No. 8 - (2. 36 MM) No. 30 - (600 Microns)

Percent Passin

95 - 100 20-90 10-60 0-15

* -A drying temperature of 110°C ± 5°C should 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.

c. Moisture Content Moisture content shall not exceed 1. 5 %* when determined as follows:

% Moisture = (Wi - Wz) / (Wi) X 100 Where:Wi = Initial weight of sample W2 = Weight of sample after drying to a constant weight at 110°C ± 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.

d. 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 Ibs/ton. Potential bidders 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.

e. Sampling Sampling shall be done in accordance with current ASTM D632 or the latest revision thereof. Clinton County, or any of its authorized representatives, reserves the right to take samples from the Contractor's stockpile, transfer point or from shipments at the point of destination. The right is also reserved to consider truckloads of salt delivered by the Contractor to any one agency 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.

f. Price Deductions No price deduction is to be assessed unless the proper analysis and test procedures are followed. If the Contractor consistently delivers salt found to be above 2% moisture content for rock salt or consistently not conforming to the gradation requirements, the contract shall be subject to cancellation.

. Moisture - Rock Salt If, after delivery the moisture content is found to be above 2.0%, a price deduction for moisture content will be made from the delivered bid price based on the following formula:

Reduced price per ton = delivered contract price per ton x (1. 02 - 2X) where X = moisture content of the sample (expressed as the decimal equivalent of the percentage of the original sample weight to the nearest 1%).

. Gradation (Particle Size Distribution) If, after delivery, the gradation of the Salt is found to be out of tolerance a deduction from the price shall be made based on the following formula:

Reduced price per ton = delivered contract price x (1. 00 - Y) where Y = the decimal equivalent of the total % out of gradation less the tolerance. The % out of tolerance for each sieve shall be to the nearest 1%. The total of the individual sieve tolerance deviations shall be used as Y.

. Contamination

Upon inspection, 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. If the Authorized User accepts contaminated salt as defined above for operational reasons, a 10% price deduction may be placed on the Contractor by the Authorized User

g. Calculations Calculations performed relative to this specification shall be made using the rounding off method of'ASTM Recommended Practice E-29 for Designating Significant Places in Specified Limiting Values".

2. Treated Salt (Granular Sodium Chloride Treated with Corrosion Inhibited Liquid Magnesium Chloride)

It is the intent of this specification to describe a mixture of Sodium Chloride Type "A" crushed rock salt treated with corrosion inhibited liquid magnesium chloride product.

The treatment is intended to enhance the performance of the product over untreated salt by reducing corrosiveness, improving low temperature performance, reducing bounce and scatter, preventing clumping, salt pile freezing and enhancing flowability.

The treated salt is intended to be used to facilitate snow and ice prevention and removal on Clinton County roads and bridges.

The finished product shall be composed of two primary constituents:

. Crushed rock salt as described and specified in Section 1. : coarse Rock Salt, Type A", . A corrosion inhibited liquid magnesium chloride product described and specified in

Section 2. a. : "Corrosion Inhibited Liquid Magnesium Chloride Product."

The two components shall be mixed to produce a finished product as described in Section 2. b. : w Mixing the Sodium Chloride and Corrosion Inhibited Liquid Magnesium Chloride."

The final product shall meet all the requirements described in Section 3: " Final Product - Rock Salt treated with Corrosion Inhibited Liquid Magnesium Chloride."

a. Corrosion Inhibited Liquid Magnesium Chloride Product Material used for this component of the finished product shall be Liquid Magnesium Chloride intended, amongst other things, to inhibit the corrosiveness of the product.

Bidder shall identify on the Vendor Supplied Data Sheet which type product is being offered. Product must comply with the General Chemical Requirements below.

General Chemical Requirements:

Any product that contains constituents in excess of the following established total concentration limits may not be accepted. Results are stated as Parts Per Million (ppm). If product exceeds any of the following constituents then the Vendor shall identify the exception(s) and explain any mitigating circumstances. The County reserves the right to evaluate these exceptions and make a determination of product eligibility based on the best interests of the County.

Phosphorus 250.00 ppm Cyanide 0.20 ppm Arsenic 5.00 ppm Copper 0. 50 ppm Lead 1.00 ppm Mercury 0.05 ppm

Other Requirements:

Chromium Cadmium Barium

Selenium Zinc

0. 50 ppm

0.20 ppm

75. 00 ppm

5. 00 ppm

10.00 ppm

i. Material used for this component of the finished product should have pH in 6- 9 range.

ii. Material used for this component of the finished product shall contain a minimum of 25% Magnesium Chloride.

iii. Material used for this component of the finished product shall have a eutectic point of -20°F or lower.

iv. Material used for this component of the finished product shall not contain greater than 1. 0% (v/v) total settable solids and shall have 99% of the solids passing through a #10 sieve after being stored at 0 °F (±2°F) for 168 hours.

v. Bidder shall supply a table showing the Freezing Point vs Specific Gravity for varying dilutions of product in water, starting at 5% and continuing up to and including the percentage needed to reach the eutectic (freezing) point.

vi. A 3% solution of the material used for this component of the finished product shall have a corrosion value of at least 70% less than that of a 3% solution of Sodium Chloride (salt) when tested NACE (National Association of Corrosion Engineers) Standard TM0169-95 as modified by the Clear Roads Qualified Product List: https://clearroads. org/qualified-product-list/

vii. Bidder shall supply a certified analysis conducted within the last year from an independent laboratory* showing compliance with all the above listed requirements INCLUDING those listed in the General Chemical Requirements.

Exceptions to the requirements must be stated and the County reserves the right to reject the product.

Sampling to be done in accordance with ASTM D345…