April 10. 2015 LEGAL NOTICE Sealed Bids will be received by the Oswego County Purchasing Department, 46 East Bridge Street, Oswego, New York until 2:00 p.m., Tuesday, May 5. 2015 for the Purchase of: GOODYEAR TIRES, SERVICE & REPAIRS Specifications are available at the Purchasing Department at the above address Monday through Friday, 9:00 a.m. to 5:00 p.m. and online at www.oswegocounty.com/purchasing. Bids will be publicly opened and read aloud at the Purchasing Department at the above date, time and place. THE COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. Daniel H. Stevens Purchasing Director 1
PART 1 INFORMATION FOR BIDDERS The County of Oswego is soliciting bids from qualified firms for Goodyear Tires, Service and Repairs for various highway departments. DEADLINE, RECEIPT AND OPENING OF BIDS Each Vendor shall submit a signed original bid and three (3) copies in a sealed opaque envelope indicating the company s name and bid title: BID #15-15 GOODYEAR TIRES, SERVICE AND REPAIRS. Bids are due on or before 2:00 p.m., Tuesday, May 5. 2015. Either mail or deliver bids in person to: Daniel H. Stevens, Director Oswego County Purchasing Office 46 East Bridge Street (3 rd Floor) Oswego, NY 13126 The County may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any or all bids. Any bid may be withdrawn prior to the scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified will not be considered and will be returned unopened. Bids may not be withdrawn within sixty (60) days after the actual date of opening. Facsimile transmitted bids are not acceptable and will be rejected. Bids delivered prior to the scheduled opening date will be deemed received upon the day of the actual opening, and will be retained in the interim only as a courtesy to the Vendor. VENDOR S RESPONSIBILITIES It is the Vendor s responsibility to meet the entire intent of these specifications. Bidders shall carefully examine the terms of this document and shall judge for themselves all the circumstances and conditions affecting their bid. Failure on the part of any Vendor to make such examination and to investigate thoroughly shall not be grounds for any declaration that the Vendor did not understand the terms and conditions herein. The County of Oswego shall not be liable for any costs associated with the preparation, transmittal, or presentation of any response or materials submitted in response to the BID. It is the responsibility of each Vendor to: Examine the BID documents thoroughly; Consider federal, state and local laws and regulations that may affect the bid; Study and carefully correlate Vendor s observations with the BID document; Visit the site and examine schematics to become familiar with local conditions that may affect the bid. 2
COMMUNICATIONS Communications with the County from release of the bid documents through the award shall be solely through the officials indicated below. Bidders are specifically directed not to contact any other County officials or employees in any fashion regarding this BID, without prior approval from the County Purchasing Director. Unauthorized communications may result in the rejection of the bid. The County will not be responsible for any oral representations or instructions. General questions regarding BID process: Daniel H. Stevens Purchasing Director 46 East Bridge Street Oswego, NY 13126 (315) 349-8307 SPECIFICATIONS DISCREPANCY Should a Vendor find a discrepancy in, or omissions from the specifications, requirements for contract, or BID form, or be in doubt as to their meaning, the Vendor shall at once notify in writing the County Purchasing Director. Written instructions will be sent to all Bidders. All such addenda shall become a part of the contract and all Bidders shall be bound by such addenda, whether or not received by the Bidders. The County will not be responsible for any oral representations or instructions. SCOPE PARAMETERS If a Vendor identifies an additional element not included in this BID, which in its judgment would be essential to accomplish the intended objectives as articulated in this BID, the Vendor should identify this element in its bid and explain in detail why the County should consider including this element within the specifications. Conversely, if a Vendor identifies a task within the BID that it believes could be modified or deleted without impacting the objectives of the BID, the Vendor should provide an explanation as to why the task should be deleted or modified. The County reserves the right to accept or reject all additions, deletions or modifications recommended. VENDOR S QUALIFICATIONS & ELIGIBILITY The County may make such investigation as it deems necessary to determine the qualifications and ability of a Vendor, and the Vendor shall promptly furnish the County all such information and data as the County may request for this purpose. The County reserves the right to reject any bid where an investigation of the available evidence or information does not satisfy the County that the Vendor is properly qualified or able to carry out the obligations of the contract and to provide the services or goods contemplated herein. AWARD The award will be made to one vendor on an all or nothing basis, based upon the bidder s aggregate price for the models and estimated quantities listed. The contract shall be awarded to the responsible bidder best meeting the above criteria. In the event of a tie bid, service and repair rates will be used to determine the low bidder. The owner may, at its discretion, reject any or all bids, or accept any which in its opinion, best serve its interests. Oswego County reserves the right to permit political subdivisions and eligible fire companies/districts under County Law 408-a and General Municipal Law 103(3), as amended, to participate in the county s bid award. Unless otherwise stated the bid specifications, the participation of third-party political subdivisions and/or fire companies/districts shall also be upon the consent of the vendor. 3
The award will be based in part on an analysis of the following criteria: technical and esthetic qualities of the bid, reliability, vendor s ability and facilities to provide the service called for, evaluation of the vendor s proper understanding of the County s needs, and price. The contract shall be awarded to the responsible firm who best meets the BID s criteria in the opinion of the County. Additional selection factors may be included under the SPECIFICATIONS section of this BID. The Vendor must provide unquestionable evidence of sustained capability of providing the goods requested, such as can be demonstrated in existing or previous operations. The County may award a contract based upon the bids received, without discussion of such bids with Bidders. Each bid should, therefore, be submitted in the most favorable terms the Vendor can make to the County. The County of Oswego does, however, reserve the right to request additional data or an oral presentation in support of the written bid. Submission of a bid does not automatically qualify a Vendor for a presentation. The County reserves the right to negotiate with all qualified Bidders. The County of Oswego, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 and New York State Executive Law affirmatively ensures that the contract will be awarded without discrimination on the grounds of race, creed, color, disability, martial status, age, sexual orientation or natural origin. All bids over $5,000 are subject to final review and acceptance by the Oswego County Legislature before any award of contract may be made. Receipt of bids by the County shall not be construed as authority to bind the County. All bids shall be firm for a period of sixty (60) days after the opening date in order for the County to determine which bid best meets the public interest. The County reserves the right to extend said period. At the discretion of the County, the successful Vendor must provide Letter of Commitment within thirty (30) days of acceptance. TERM The Contract shall be for a period of one (1) year effective June 1, 2015 through May 31, 2016. The County reserves the right to extend the contract under the same terms and conditions for one (1) additional year from the date of expiration. The extension may be based upon a new manufacturer s net state price discount listing acceptable to the County. In the event either party decides not to renew, it shall then notify the other party in writing that it has decided to terminate the contract at the end of the contract period. COMMENCEMENT OF WORK Vendor will be notified to proceed with a letter or purchase order. Such notification will be in the form of a letter to proceed from the County s Purchasing Office. CANCELLATION The County reserves the right to cancel the contract at will. If the Vendor fails to perform under the contract, fails to meet specifications, or fails to make satisfactory progress so as to endanger the overall contract performance, they may be determined to be in breach and the contract may be terminated by giving written notice to the Vendor of such termination and specify the effective date thereof, at least five 4
days before the effective date of such termination. In such event, all finished or unfinished documents, data, and reports prepared by the Vendor under this contract shall, at the option of the County, become County property and the Vendor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. The Vendor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Vendor, and the County may withhold any payments to the Vendor for the purpose of determining the exact amount of damages due the County. The Vendor understands that the contract may be terminated due to non-appropriation of funds. PRICING A. All prices and discounts are to be quoted firm against increase for one (1) year from the effective date, on an F.O.B. delivered basis. NOTE: In the case of NYS contract pricing which is beyond control of the Bidder, any cost changes must be provided to the County immediately upon issuance. B. Bidder shall provide their manufacturer s net state price inclusive of discount for their best quality tire for the listing of products attached. C. Bidder shall provide their manufacturer s net state price catalog for their best quality tires. Bidder shall mark in their catalog, the best grade, second best, etc. Catalogs are to be provided for all specified products, including tires, tubes, recaps, and wheels for passenger cars, patrol cars, trucks of various sizes and heavy equipment. Bidders shall attach to the inside of each catalog provided the discount he proposes to allow on various types, grades, and sizes of tires and wheels. Bidder shall also include in his bid the discount from list which will apply to any new tire or tube which may become available during the contract period. D. Bidder shall state charges for service including mounting, dismounting of various sizes or product, tire and wheel balancing, flat repair, service calls and recapping. METHOD OF PAYMENT Payment shall be made at the contract price for the goods provided and verified by Oswego County. Oswego County does not pay in advance. Invoices shall be sent promptly by the Contractor to the department receiving the order. QUANTITIES Quantities shown on the Bid Sheet are based on the last twelve (12) months purchases. The quantities shown are not commitments to purchase. The contract shall be for the quantities actually ordered during the contract period. GUARANTEE A. Bidder shall guarantee products under the terms of the manufacturer s standard published guarantee. Adjustment will be based on the contract price. B. Bidder shall provide his guarantee for balancing and repairs. 5
DELIVERY Delivery of all materials must be made to the County s job sites or various garage facilities within twentyfour hours or as required by the County. MATERIALS QUALITY All materials delivered by the Contractor are to be new, unused, and first quality. No rejects, seconds or otherwise imperfect or low quality material will be acceptable. Any material delivered by the Contractor which is not in accordance with the specifications or is otherwise unsatisfactory, in the opinion of the Department, may be retained and, if necessary, used until it is replaced with satisfactory material. OTHER CONDITIONS A. Bidder shall by an authorized dealer of the original equipment tires bid. B. If, during the life of the Contract awarded as a result of this bid, the federal or state government adopts a new specification incorporating revised safety standards, the County reserves the right to cancel its Contract at no cost to the Contractors or accept tires meeting the new specifications. In the latter instance, if the new tires carry a higher list price due to manufacturing costs involved, the County agrees to accept the revised price list and the Contractor agrees to sell tires at the same discount originally offered. C. All prices and discounts are to be quoted firm against increase on an F.O.B. destination, freight prepaid, unless otherwise indicated. The County is exempt from payment of manufacturers excise and all other taxes imposed by the Federal Government and/or the State of New York. Such taxes must not be included in the bid price. Exempt certificates will be executed upon request. Vehicles delivered shall comply to all applicable rules and regulations of the N.Y.S. Department of Motor Vehicles and shall be equipped with the safety standards currently required by Federal Motor Vehicle standards established by the National Traffic Safety Agency. Each bidder must submit an affidavit of non-collusion signed by an officer of the company. Bidders shall submit their standard guarantee, including the limit of their liability. All standard items normally furnished by the vehicle manufacturer shall be furnished. Vehicle must be delivered strictly in accordance with specifications. If vehicle is delivered with deviations or improper servicing, the bidder must arrange to have the necessary work done within five (5) days (exclusive of Saturdays, Sundays and Holidays) after receipt of written notification from the County. Otherwise, the County may have the corrections made at the bidder s expense. Each bidder must enclose detailed specification sheets listing all options and specifications being bid. The bidder hereby understands and agrees that no plea of ignorance relating to any data, conditions, policies or requirements of the County or its Division of Purchase that may exist or that may reasonably be encountered pursuant to this contract will be accepted as a result of failure or omission on the part of the bidder to fulfill in every respect all the circumstances as a basis for any type of claim whatsoever for extra charges, for start up costs, or for the rendering of proper service hereunder. Further said claims for charges shall be without prejudice to the County or its Division of Purchase not honored by said County or Division of Purchase. 6
The parties hereto understand and agree that each and every provision of Law or clause required by Law to be inserted in this contract shall be deemed to have been inserted herein, and if through mistake or inadvertence, such provision is not inserted said clause shall be deemed to have been inserted and shall have full force and effect of Law. The parties hereto expressly agree that if any provision, sentence, clause or part thereof in this agreement or within any specifications or plans made a part hereof is held by proper authority to be unconstitutional, illegal, or invalid, such findings shall neither affect nor impair such provision(s), sentence(s), or clause(s) which remain. Except for so much that is held to be unconstitutional, illegal or invalid this agreement shall remain in full force and effect. - End of Section 1-7
This specification shall include the following: BID #15-15 SPECIFICATIONS FOR OSWEGO COUNTY VEHICLE GOODYEAR TIRES, SERVICE AND REPAIR 1. Bidder shall provide Goodyear tires as specified. (County standardized with Goodyear tires.) 2. Bidder shall provide on job site service as follows: a.) b.) c.) d.) e.) Mounting and dismounting of various sizes of tires, wheels and tubes. Tire and wheel balancing. Flat repair and service calls. Service calls for repair and replacement as required by County. Inspection services relative to wear of tires, projected tread life, and replacement recommendations. 8
VENDOR REPLY COVER SHEET Sealed bids are due no later than 2:00 p.m. on Tuesday, May 5, 2015 at the Oswego County Purchasing Department, 46 East Bridge Street, Oswego, New York 13126. THE COUNTY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. The undersigned hereby certifies that he has examined and fully comprehends the requirements and intent of the specifications for Bid #15-15 - Goodyear Tires as recited in the specifications and offers to furnish the following equipment for the prices shown below. WARRANTY INFORMATION: DEVIATIONS FROM BID SPECIFICATIONS: Delivery Date: Federal ID Number: Type or Print Name Company Title Address Authorized Signature ( ) / ( ) Date Telephone Number / Fax ADDITIONAL INFORMATION MAY BE ATTACHED TO THIS SHEET. 9
POLICE AUTO Tires Bought Price Extended Tire/Tube Size Product Code Last 12 Mos. Per Tire Price P235/55/R17 166-579-530 50 P235/55/R18 166-042-528 50 LIGHT TRUCK Tires Bought Price Extended Tire/Tube Size Product Code Last 12 Mos. Per Tire Price LT24570R17 GDY WRL AT 748-469-572 12 LT24575R16 Wrangler Silent Armor 748-747-188 4 LT24575R17 Wrangler Silent Armor 748-636-189 39 LT26570R17 Wrangler Silent Armor 748-535-189 4 MEDIUM COMMERCIAL Tires Bought Price Extended Tire/Tube Size Product Code Last 12 Mos. Per Tire Price 10.00-16 Titan 4 11L-16 Laborer 4 11R/22.5 G661 16 ply 138-179-337 2 11R/22.5 G182 16 ply 138-803-185 32 11R/24.5 G182 14 ply 138-801-185 34 11R/24.5 G282 138-308-668 8 11R/24.5 G399 138-954-596 5 12R/22.5 G182 756-817-111 3 12R/22.5 G622 3 10
Tires Bought Price Extended Tire/Tube Size Product Code Last 12 Mos. Per Tire Price 12R/22.5 G661 3 18.4-30 6 225/70R195 G622 12 ply 139-418-205 8 255/70R22.5 G661 756-165-337 3 385/65R22.5 G296 MSA 756-315-365 7 425/65R 22.5 G286 1 425/65R22.5 G296 MSA 756-160-365 16 7.50-16 Work Horse 2 TOTAL $ 11
SERVICE AND REPAIRS 1. Mounting and Dismounting Passenger Small Truck 2. Wheel Balancing Passenger Spin Balance Price Each $ $ $ 3. Flat Repairs Passenger $ 4. Service Calls Giant Tires $ /hr 5. Additional Charges or Restrictions Per Mileage Charge $ /hr Night and Weekend Calls $ /hr 6. Credit for casings in good condition $ The undersigned declares that he has examined the Notice, Information, Specifications and Proposal and will furnish equipment, materials or services in compliance with same for prices set forth. Print of Type Name Title Authorized Signature Company Address Date Telephone # Fax 12
BID #15-15 GOODYEAR TIRES NON-COLLUSION CERTIFICATION General Municipal Law 103-d (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 or with any competitor; (2) Unless otherwise required by Law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; (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) 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 therefore. Where (a)-(1), (2) and (3) 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 to which the bid is made, or his 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 time prices being bid, does not constitute, without more, a disclosure within the meaning of paragraph (a) of this certification. By submission of this bid, the undersigned hereby affirms the truth of the foregoing under the penalties of perjury. certification Company Date Type or Print Name Title Authorized Signature BID #15-15 GOODYEAR TIRES 13
VENDOR INFORMATION SHEET Proposing Organization: Address: Phone: ( ) Fax: ( ) Federal ID Number: Invoices Will Be From: Address: Person To Contact In Reference To Contract: Name: Title: Address: Phone: ( ) Fax: ( ) E-mail: Signatory Authority: In consideration of the limitations of this BID, I hereby certify that the information in this quote is correct to the best of my knowledge, and that I am an official of the above organization authorized to sign and submit this quote. Name/Title Signature Date 14
BID #15-15 GOODYEAR TIRES NON-BIDDERS RESPONSE The Oswego County Purchasing Department is interested in the reasons why prospective bidders fail to submit bids. Failure to submit a bid without explanation may result in removal of your firm from our bidders list. If you are NOT submitting a bid in this proposal, please indicate the reason(s) by checking off one or more of the items below and return this form to the above address. 1. Unable to bid at this time, but would like to receive future bid requests. 2. Items or material not manufactured, distributed, stocked, furnished. 3. Materials or items we have to offer do not fully meet all the requirements of standards specified. 4. Specifications not clearly understood or applicable as follows: (ex.: too vague, too rigid, etc.) 5. We cannot meet the time of delivery of items or materials specified. 6. Insufficient time allowed for preparation and submission of bid. 7. Other reasons: You may remove our name from the bid list for: This Commodity Group This Item or Material All Bids Type or Print Name Title Authorized Signature Date Company Address ( ) Telephone Number 15
RESOLUTION FOR CORPORATIONS ONLY Resolved that (individual) is authorized to sign and submit the bid or bid of this corporation for the following project: Bid #15-15 - Goodyear Tires and to include in such bid or bid the certificate as to non-collusion required by Section 103-D of the General Municipal Law as the act and deed of such corporation and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury, and to enter into the contract if awarded to this corporation: The foregoing is a true and correct copy of the resolution adopted by Corporation at a meeting of its Board of Directors held on the day of,, and is still in force on this day of, 2015. Secretary (Seal of Corporation) 16