NOTICE TO BIDDERS 2015-SAND, STONE & GRAVEL

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1 PURCHASING DEPARTMENT DEBBIE ZVIRZDIN, PURCHASING AGENT COUNTY OFFICE BUILDING 197 MAIN STREET COOPERSTOWN, NEW YORK PHONE: (607) FAX: (607) NOTICE TO BIDDERS PLEASE TAKE NOTICE that sealed bids will be received by the Otsego County Clerk of the Board for the following Otsego County Highway Department, all in accordance with the specifications prepared by the Purchasing Agent of Otsego County: 2015-SAND, STONE & GRAVEL All bids must be enclosed in a securely sealed envelope with the notation of the Bid Number and Commodity inserted thereon (i.e SAND, GRAVEL) and must be received at the office of the Clerk of the Board at 197 Main Street, Cooperstown, New York no later than TUESDAY, MARCH 03, 2015 at 10:00 a.m. BIDS MUST BE MAILED TO OR DELIVERED TO THE CLERK OF THE BOARD, NOT THE HIGHWAY DEPARTMENT. BIDS WILL BE OPENED AND READ ALOUD AT THE HIGHWAY DEPARTMENT, 20 Linden Avenue, Cooperstown, New York at 11:00 A.M on MARCH 3, Bidders are advised not to rely on next day mail services. Bids must be in the Office of the Board Agent no later than the above specified date and time. Faxes or electronic mail will not be accepted. All bidders must comply with the provisions of the General Municipal Law and all other applicable laws. The County reserves the right to reject any and all bids. Details and specifications may be obtained by contacting the Purchasing zvirzdind@otsegocoubnty.com or by visiting our Purchasing Department website at to view bid. DEBBIE ZVIRZDIN PURCHASING AGENT OTSEGO COUNTY NEW YORK Dated: February 23, 2015

2 PRICE ADJUSTMENTS: Unless otherwise stated in this document, at no time during the term of the any contract arising from an award the Board of Representatives for Otsego County may any of the contract pricing be changed for any reason without written approval by the County. Once, per a six month period the vendor or the County may request a price adjustment. The vendor shall give the County a minimum of thirty (30) calendar days to notifiy of any request for a price adjustment. Said adjustment may at no time exceed the Consumer Price Index for all items as calculated by the Otsego County Purchasing Department. Should the County deem the requested adjustment unacceptable, the County reserves the right to terminate the contract in accordance with the terms of the bid and seek pricing form whatever sources legally available. The vendor will provide a copy of the index necessary to support the increase or decrease to the district as appropriate. After an approved increase, the Vendor has the sole responsibility to submit invoices at the approved adjusted rate.

3 ERRORS In the case of a unilateral bid/proposal mistake, or error, by a Bidder/Proposer, on any bid/ proposal, legislation allows the Bidder/Proposer to withdraw the bid/proposal after showing that: a). The mistake was known, or made known to the Purchasing Agent PRIOR to the awarding of the contract, or within three (3) days after the bid/proposal opening/receipt, whichever period is shorter; b). the price bid/proposed was based on an error of such magnitude that enforcement would be unconscionable; c). the bid/proposal was submitted in good faith and the Bidder/Proposer submits credible evidence that the mistake was a clerical error rather than a judgmental error; d). the error was actually due to an unintentional substantial mathematical error, or unintentional omission of a substantial quantity of work, labor, material, or services, made directly in the compilation of the bid/proposal. (Which error or omission can be shown by objective evidence drawn from certain listed documents); and e). it is possible to put the County in "status quo ante". THE SOLE REMEDY FOR SUCH BID MISTAKE IS WITHDRAWAL OF THE BID/PROPOSAL AND THE RETURN OF ANY SECURITY. ANY AMENDMENT OR REFORMATION OF THE BID/PROPOSAL IS EXPRESSLY PROHIBITED.

4 CHECKLIST ANSWER YES OR NO 1. I have read ALL of the instructions and specifications. 2. I have filled in ALL of the blank spaces. 3. I have furnished all required information. (Descriptive literature, catalogs, price books, etc.) 4. I have signed the Non-Collusion Statement. 5. I am an officer of the company. 6. I have the express authority to obligate my company under the laws of the State of New York. 7. I am returning the original Bid/Proposal sheet. 8. I have made copies for my record. 9. References (if applicable) 10. Exceptions/substitutions: (attach sheets as necessary) 11. If successful, a "Performance Bond" will be provided within ten (10) days after notification of the award. (if applicable)

5 12. If successful, the "Insurance Requirements Certificate", from an insurance company licensed to do business by New York State, will be provided within ten (10) working days after notification of the award. (if applicable) SIGNATURE: DATE: NAME (type or print): TITLE: TELEPHONE NO.: FAX NO.:

6 INSTRUCTIONS TO BIDDERS (CONT.) The bidder hereby agrees to the provisions of Section 103-a of the General Municipal Law which requires that upon the refusal of a person, when called before a grand jury to testify concerning any transaction or contract had with the state, any political subdivision thereof, a public authority or with any public department, agency or official of the state or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosection or to answer any relevant questions concerning such transaction or contract, (a) such person, any firm, partnership or corporation of which he/she is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or any public department, agency or official thereof, for goods, work or services, for a period of five years after such refusal, and (b) any and all contracts made with any municipal corporation or any public department, agency or official thereof, since the effective date of this law, by such person, and by any firm, partnership, or corporation of which he/she is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. The contractor or bidder to whom a contract shall be let, granted or awarded is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of the same or of his/her right, title or interest therein or his/her power to execute such contract, to any other person or corporation, except as provided in Section 103 of the General Municipal Law. The contractor or bidder to whom a contract shall be let, granted, or awarded shall comply with all rules and regulations of the Americans with Disabilities Act (ADA).

7 SPECIFICATIONS & INSTRUCTIONS TO BIDDERS FOR STONE, SAND AND GRAVEL Proposals to be entitled to consideration must be made in accordance with the following: 1. New York State specifications dated January 2, 1995, or as amended, by the New York State Department of Transportation are to be considered as part of these specifications. Should product supplied by the apparent low bidder fail these requirements, the Otsego County Highway Department reserves the right to withhold payment and purchase from the second low bidder. 2. All stone and gravel bids must be submitted with a New York State Approval Number. 3. The price stated in this proposal shall be F.O.B. County trucks at the bidder s plant. 4. The proposal for crushed stone shall be in effect from the date of acceptance to March 1, 2006, unless canceled by the County Superintendent of Highways. 5. The estimated quantities for this proposal are 35,000 tons of sand; 35,000 tons of stone; and 20,000 tons of Item #4 for a total amount of 90,000 tons, approximately. The County Superintendent of Highways reserves the right to use any combination of the sizes listed in this proposal to make up this total. 6. The bidder shall maintain adequate equipment for loading and weighing the material specified in this proposal. 7. The Superintendent of Highways of Otsego County may, upon written notice of ten days, cancel this contract with the vendor. 8. The employees of the bidder shall perform their duties in regard to loading and weighing Countyowned vehicles, in an efficient manner and shall cause no delay in loading and weighing Countyowned vehicles. 9. The bid price submitted shall be exclusive of Federal and State taxes and the County reserves the right to waive any informality or to reject any and all bids. 10. The attached bid, when signed by an authorized representative of the bidder and accepted by the County, shall be the only contract for furnishing stone, sand and gravel for the contract period between the bidder and the County of Otsego, and shall be considered as an agreement to the specifications and provisions as herein stated. 11. The County reserves the right to award this bid to more than one vendor based on the proximity of the bidder s plant to the various maintenance projects in Otsego County.

8 STONE, SAND AND GRAVEL TO: THE COUNTY OF OTSEGO, COOPERSTOWN, NEW YORK The undersigned having a principle place of business at the address listed below, and being experienced and responsible for the performance of same, agrees to furnish to the County of Otsego the following items at the unit price as herein stated and in accordance with New York State Department of Transportation standard specifications, Section Subbase Course, Section Bank and Channel Protection and Section Aggregates dated January 2, 1995 or as amended. The attached Non-Collusion Statement must be signed and attached to the bid. All bids must be submitted on this form. All prices must be firm for 60 days. The County reserves the right to reject any and all bids. Do not detach the specifications from this form. All bidders must submit their bid proposals on the form. Make no changes or additions to this form. SECTION SUBBASE COURSE PER CUBIC YARD ITEM NO. ITEM BID PER CUBIC YARD BID PER CU.YD Crushed Stone Screened Gravel Type Type 2 xxxxxxxxxxxxxxxxxx Type Type 4 SECTION SUBBASE COURSE PER TON ITEM NO. ITEM BID PER TON BID PER TON Crushed Stone Screened Gravel Type Type 2 xxxxxxxxxxxxxxxxx Type Type 4 _ SECTION BANK AND CHANNEL PROTECTION PER TON ITEM NO. ITEM BID PER TON Light Stone Filling Medium Stone Filling Heavy Stone Filling SECTION AGGREGATES PER TON SIZE CRUSHED STONE PER TON CRUSHED GRAVEL PER TON SCREENED GRAVEL PER TON

9 1ST 1A B (Sand) SECTION AGGREGATES PER CUBIC YARD SIZE CRUSHED STONE P/YD CRUSHED GRAVEL P/YD SCREENED GRAVEL P/YD 1B (Sand) When delivery is requested, rates for such delivery shall be: 0-5 miles $0. ton/mile $0. yard/mile 6-15 miles $0. ton/mile $0. yard/mile miles $0. ton/mile $0. _ yard/mile Dated: Bidder: By: Title: Address: Telephone No.: ( ) Fax No.: ( ) Location of the plant which will serve the County under this proposal:. New York State Approval Number:

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