CRUSHED STONE SAND AND GRAVEL 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: October 8, 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:

CRUSHED STONE, SAND, AND GRAVEL

Thursday, October 30, 2025

11:30 AM

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 CRUSHED STONE, SAND, AND GRAVEL"

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 GENEF^AL 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 wilt 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, )^n^o t . ̂\-^b .

Kristin E. Eilers Purchasing Agent

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CLINTON COUNTS 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 m inor d efects

. 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 alt 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, regulatio'n 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, consul'tation, 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, avaNable 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 Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrhnination 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 no'n-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 alt 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 STATE ROUTE 3

PLATTSBURGH, NY 12901

(518) 565-4040

BID PROPOSAL

CR SHED STONE SAND AND GRAVEL

Bids are solicited for furnishing CRUSHED STONE, SAND AND GRAVEL, all in accordance with the Specifications of the New York State Department of Transportation.

1. SPECIFICATIONS:

a. When reference is made to New York State Department of Transportation Specifications it shall mean manufactured in the United States and in accordance with the Standard Specifications, Construction and Materials, Ofllce of Engineering, New York State Department of Transportation, dated May 1, 2008, and all duly issued subsequent addenda.

b. Bidders must submit detailed specifications, circulars, and other necessary data on the materials they propose to furnish. Catalogs should be attached when appropriate and items should be listed by name or catalog number and the unit price of each item included. Sufficient information must be given so that a comparison of the quality of items quoted may be easily made. In addition, when it applies, the Bidder must also furnish his price sheet showing the rate discount on materials and supplies other than those specified that may be of interest to the County.

c. Bidder is to complete the Bid Price Sheet. Bidder must indicate the plant location from which materials will be supplied in the proposal. At the time of ordering from this listing, distance to the plant from job site will be considered with the best interest of the County and/or Political Subdivision.

d. Quantities may be measured by cubic yard as determined by the County, by truck box measure or measurement of the stockpile, or by weight. Materials delivered to the project site will be verified by either weight or volume slips delivered with the material and each delivery slip must be signed by the Clinton County Highway Department representative at the site.

e. The acceptance of any materials by the County Highway Superintendent shall not necessarily prevent subsequent rejection should the materials be found to be defective or should they fail to comply with these specifications.

f. Clinton County and other authorized users participating in this contract reserve the right to re-weigh or re-measure loads at any time.

g. Scales utilized by the bidder must be certified by the Clinton County Sealer of Weights and Measures.

h. All trucking provided by the bidders of any item shall comply with the New York State Vehicle and Traffic Law, Clinton County and other applicable governmental rules and regulations, The transportation rates to be allowed from plant to destination is for the actual minimum'mileage between the two points over properly conditioned roads, as determined by the County Highway Superintendent.

i. Base bids for items not having a separate haul/overhaul bid shall be F. O. B. Clinton County Highway Department, 736 State Route 3, Plattsburgh, New York, or Project Site, Clinton County, New York.

j. The County does not make any claims as to minimum quantities to be purchased.

Items are to be purchased on an as needed basis, therefore; the County is not obligated to purchase a specific quantity of any item or service. Orders will be placed by Written Orders as materials are needed.

k. Samples of any item must be furnished, if requested. Bidders must comply with delivery date and instructions.

I. When delivery items are specified, contracts prepared after Notice of Award may stipulate Liquidated Damages to cover the additional costs incurred by the Clinton County Highway Department due to delay in furnishing material.

2. BID AWARD:

Award shall be made to the lowest responsible bidder(s). The cost analysis shall be conducted by the Clinton County Highway Department and the County Highway Superintendent shall make the final determination of lowest bid cost and recommendation of award of the bid(s).

The County reserves the right to accept or reject any and all bids, or separable portions of offer for any and all items included in this proposal.

If a subsequent New York State materials contract open to municipal subdivisions of New York State for any materials in this bid results in lower prices, the County reserves the right to purchase from'that contract. The Bidder may submit written documentation agreeing to honor said lower prices as part of this bid.

3. CONTRACT PERIOD:

The Contract period for all items and services shall be for two (2) calendar years from January 1, 2026 through December 31, 2027.

4. TERMINATION CLAUSE:

The Contract may be terminated by either party upon thirty (30) days written notice of termination to other party.

5. GENERAL PROVISIONS:

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 thereunder 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.

jii) 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 thereunder 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 Schedule A - General Insurance Requirements 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.

6. PAYMENT METHOD:

The County agrees to pay the Contractor as per attached bid price sheet. Said prices shall remain fixed throughout the duration of this contract.

Any discounts must be specified on the bid form (e. g., early payment).

The Contractor shall submit an itemized invoice to the Clinton County Highway Department.

The County will pay the amount due within thirty (30) days after receipt of an itemized invoice.

7. CONTRACT REQUIREMENTS:

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

8. QUESTIONS ON BID PROPOSAL:

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

(FOR INFORMATIONAL PURPOSES ONLY)

CLINTON COUNTY - CONTRACT RE UIREMENTS

ARTICLE 1. AGREEMENT DOCUMENTS

This Agreement, together with the standard provisions and outline of services that may be annexed to this agreement, which shall be deemed an integral part of this Agreement and same are incoiporated herein by reference as though more fully set forth at length herein shall constitute the Agreement documents.

ARTICLE 2. GENERAL LEGAL RESPONSffiILHT

In performing the services set forth in this Agreement, the Contractor shall comply with all existing and future Federal, State and Municipal laws, ordinances and regulations, including Ae provisions set forth in Schedule B ("Standard Provisions") and Exhibit 1. The Contractor further represents that it holds such license or operating certificate necessary for the fulfiUment of the services required hereunder in full force and effect and wiU be responsible for maintsming and continumg said license or operating certificate in full force and effect throughout the term of this Agreement.

ARTICLES. CONFLICT OF WTEREST

The Contractor represents that it does not employ an officer or employee of the County in connection with this Agreement and shall adhere to the Code of Ethics of the County and with the provisions of Article 18 of the General Municipal Law of the State of New York.

ARTICLE 4. SURETY AND INSURANCE

Conti-actor shall cany public liability insurance, property damage insurance, and Workers' Compensation insurance in amounts and carriers acceptable to the County accordmg to the Clinton County Insurance Requirements attached as Schedule A ("General Insurance Requirements"), and shall save harmless the County fi-om aU claims, demands and causes of action arising from any act of commission or omission of the Contractor, its agents or employees in the execution of its work under this Agreement, including clauns relating to labor and material furnished.

Original Certificates of Insurance, naming Clmton County as additional insured, must accompany the Agreement and be approved m accordance with the Clinton County Insurance Requirements.

ARTICLE 5. SUBLETTmG AND ASSIGNING AGREEMENT

The Contractor shall not assign or transfer this Agreement or any interest herein without the prior written consent of the County.

ARTICLE 6. CHANGES IN AGREEMENT

Any change, modification or alteration to this Agreement shall be permitted only upon written mutual Agreement of the County and the Contractor.

ARTICLE 7. OWNERSHIP OF WORK PRODUCTS

All final written or tangible work products completed by the Contractor pursuant to this Agreement shall belong to the County. In the event of early termination, the Contractor agrees to promptly deliver all written and tangible work in progress to the County

ARTICLE 8. JURISDICTIONWENUE

In the event of any question or dispute arising between the parties as to the interpretation of any tenn or condition of this Agreement, or with respect to any matter of compliance or non-compliance with the tenns of this Agreement, resolution shall be governed by the Laws of the State of New York and the parties agree that such question or dispute shall be determined by the Supreme Court of the County of Clinton.

ARTICLE 9. EXTRA WORK

It is understood and agreed between the parties hereto that no claim for compensation not provided for in this Agreement shall be made unless prior approval for such compensation is evidenced by the execution of a Supplemental Agreement between the County and the Contractor.

ARTICLE 10. CONTRACTOR REPRESENTATION

By execution of this Agreement, the Contractor represents and warrants to the County that it has fall authority to enter into this Agreement. This Agreement is a vaUd and enforceable obligation of the Contractor, enforceable agamst the Contractor in accordance with its terms except as such enforceability may be limited by applicable bankmptcy insolvency or sunilar laws in effect which affect creditor's rights generally.

ARTICLE 11. COMPLETE AGREEMENT

This Agreement contains the entire understanding between the parties with respect to the transactions contemplated hereby and supersedes all other agreements and understandings between the parties and their officers, directors or employees. Except as expressly set forth in this Agreement, none of the parties has relied upon any oral infonnation given to it by any representatives of either party.

ARTICLE 12. SUCCESSORS AND ASSIGNS

All of the terms, covenants and agreements herein contained shall be binding upon and shall inure to the benefit of successors and permitted assigns of the respective parties hereto.

ARTICLE 13. INDEMNIFICATION CLAUSE

Contractor agrees to defend, indemnify, and save harmless the County from any and all claim(s) arismg out of services perfonned by Contractor under this Agreement, together with any claims arising out of negligent or tortuous acts or omissions of Contractor's officers, employees and agents, including indemmficatioD for any and all costs, and reasonable attorney fees that the County may incur m the defense of any such claim(s).

ARTICLE 14. CORPORATE COMPLIANCE

The Contractor hereby acknowledges its responsibility to comply with the Clinton County Coiporate Compliance Plan, effective January 27, 2010, concerning Medicaid false clauns and whistleblower protection under the Federal Deficit Reductions Act of 2005 to the extent it may be exposed to County Medicaid transactions. The Contractor and all its affected employees should refer to the County's website for the County's Corporate Compliance Plan at www. clintoncount ov. com.

ARTICLE 15. NOTICE

All notices, requests, demands and other communications hereunder shall be in writing and shall be sent by registered or certified mail, postage prepaid, addressed as follows:

(a) If to the County:

County of Clinton 137 Margaret Street, Suite 208 Plattsburgh, NY 12901

(b) If to Attorney for County:

Jacquelme M. Kelleher One Cumberland Avenue P.O. Box 2947 Plattsburgh, NY 12901

ARTICLE 16. COUNTERPARTS

This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instmment.

SCHEDULE A

GENERAL INS RANGE RE IREMENTS

CLINTON COUNTY

October 2019

INSURANCE: Prior to commencement of any work under this contract and until completion and final acceptance of the work, the Contractors and Subcontractors shall, at their own expense, maintain the following insurance on its own behalf, and furnish Clinton County with certificates of insurance evidencing the same and reflecting the effective date of such coverage as follows:

The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance, set forth below, as will protect the Contractor from claims which may arise out or result from the Contractor's operations and completed operations under the Contract with Clinton County and for which the Contractor maybe legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

A. Workers' Corn ensation Insurance: Contractor shall take out and maintain during the life of this contract, Workers' Compensation Insurance and employer's liability insurance for all of the Contractor's employees employed at the site of the project. This includes sole proprietorships and officers of corporations who will be performing_work on the job. PROOF OF WORKER'S COMPENSATION INSURANCE MUST BE PROVIDED ON

THE FOLLOWING FORMS ONLY:

a) if coverage is obtained from an insurance carrier, on forms C-105. 2 OR U-26.3

b) if contractor/vendor is self-insured or participates in an authorized group self-insurance plan, on forms SI-12 OR GSI-105.2

Please note thatACORD forms are NOT acceptable proof of New York State Workers' Compensation insurance.

If the Contractor is legally exempt from obtaining workers' compensation insurance, proof of such exemption MUST BE PROVIDED on the following form:

a) CE-200, Certificate of Attestation of Exemption from New York State Workers' Compensation and/or Disability Benefits Insurance Coverage.

B. New York State Disabili Benefits: Contractor shall maintain coverage as required by law for disability benefits. PROOF OF DISABILHY COVERAGE MUST BE PROVIDED

ON THE FOLLOWING FORMS ONLY:

a) if coverage is obtained from an insurance carrier, on forms DB-120. 1 OR

DB-820/829

b) if contractor/vendor is self-jnsured, on form DB-155

Please note thatACORD forms are NOT acceptable proof of New York State disability insurance.

If contractor/vendor is legally exempt from obtaining disability benefits coverage, proof of such exemption MUST BE PROVIDED on the following form:

a) CE-200, Certificate of Attestation of Exemption from New York State Workers' Compensation and/or Disability Benefits Insurance Coverage.

C. General Liabili Ins ranee: The Contractor shall provide Commercial General Liability Insurance with a combined Bodily Injury and Property Damage limit of not less than ONE Million ($1, 000, 000) dollars per occurrence and TWO Million ($2, 000, 000) in the aggregate. The aggregate must be applicable on a per project basis. Coverage must include the following:

1. Completed Operations/Products Liability.

2. Broad Form Property Damage.

3. Personal and Advertising Injury Liability.

4. Independent Contractors

5. Clinton County, Clinton County Government Center, 137 Margaret Street, PIattsburgh, New York 12901, shall be listed as the Certificate Holder.

6. Clinton County, Construction Manager (if any), their officers, directors, partners, representatives, agents and employees, shall be included as Additional Insured with coverage to include products and completed operations to the Additional Insureds. Completed Operation Insurance needs to be maintained for three years after completion of the job.

7. Coverage is to be endorsed to reflect that insurance is to be primary and non-contributory, with respect to any other collectible insurance for Clinton County, Construction Manager, and all other parties required to be named as additional insured.

8. Coverage is to be endorsed to waive any and all subrogation rights, contribution allocation or apportionment of damages or recovery rights against Clinton County.

9. Coverage is to be provided on an "occurrence" Basis with carriers licensed and admitted to do business in the State of New York or otherwise acceptable to Clinton County with an A. M. Best's rating of A- or higher.

10. A copy of policy and/or endorsement(s) and any other documents required to verify such insurance are to be submitted with the appropriate certificate(s).

Failure to provide these documents is not to be construed as a waiver of the requirements to provide such insurance.

11. There should be no exclusion under the policy that would exclude or limit coverage for claims under New York Labor Law 240 or 241.

D. Automobile Liabili Insurance: The Contractor shall provide Commercial Automobile Liability Insurance covering the use of all Owned, Non-Owned, and Hired Vehicles with combined Bodily Injury and Property Damage limit of at least One Million

($1, 000, 000) Dollars. Coverage is to be endorsed for Clinton County and all other parties to be named additional insured.

E. Additional Re uirements:

1. Where an off project site property exposure exists with materials and supplies that will become part of the site property, evidence of insurance coverage is required (builders risk or installation floater). The Contractor, at its sole expense, shall furnish to Clinton County certificates of insurance and other required documentation evidencing the following coverage: "All Risk" Property Insurance on all materials, equipment and supplies intended to become a permanent part of the construction stored on premises away from the project site and while in transit, until actually delivered to the project site. Coverage is to be provided on a replacement cost basis.

2. The amount of insurance contained in the aforementioned insurance coverages shall not be construed to be a limitation of the liability on the part of the Contractor or any of its Subcontractors.

3. The Contractor shall file certificates of insurance prior to the commencement of work with Clinton County, and shall receive from Clinton County approval of the adequacy of protection and the satisfactory character of the Insurer.

4. Any type of insurance or any increase in limits of liability not described above which the Contractor requires for its own protection or on account of statute shall be its own responsibility and at its own expense.

5. The carrying of insurance described shall in no way be interpreted as relieving the Contractor of any responsibility of liability under this Contract.

6. Any policies effected by the Contractor on its Owned and/or Rented Equipment and Materials shall contain a provision requiring the insurance carriers to waive their rights of subrogation against Clinton County and all other indemnities named in the contract.

7. Should the Contractor engage a Subcontractor, the same conditions will apply under this Contract to each Subcontractor, however, the retained Subcontractor shall be required to maintain the limits of liability of not less than One Million ($1, 000, 000) Dollars per occurrence and in the aggregate, with said limits applicable on a per project basis, or such greater limits as may be required by the retaining Subcontractor.

8. For Umbrella Liability Limits of One Million ($1, 000, 000) CSL per Occurrence, One Million ($1, 000, 000) Aggregate, coverage is to be endorsed for Clinton County and all other parties to be named as additional…