Transportation Fuels

B24-2000 Transportation Fuels Oswego County Board of Cooperative Educational Services Amy Rhinehart, School Purchasing Officer B24-2000 Transportation Fuels: Instructions and Special Conditions, Page 1 of 6 This is a cooperative bid for the purchase of fuel commodities for the following school districts and municipalities: Altmar- Parish-Williamstown Central School District, Center for Instruction, Technology & Innovation (CiTi), Central Square Central School District, Hannibal Central School District, Mexico Academy & Central School District, Oswego City School District, Phoenix Central School District, Sandy Creek Central School District, the Town of New Haven (NY), the Town of Parish (NY), and the Town of Scriba (NY). Bidding Instructions & Special Conditions for the Submission of Vendor Responses 1) Sealed bids for the furnishing and delivery of items as required and as set forth in these specifications prepared by the CiTi Purchasing Office are sought at this time. 2) Copies of

the specifications may be obtained by contacting Amy Rhinehart, School Purchasing Officer at the Business Office of the CiTi, 179 County Route 64, Mexico, New York 13114, by calling (315) 963-4253 or emailing purchasing@CiTiboces.org Bid opportunities and current bids are available electronically at www.CiTiboces.org/cooperativepurchasing Bid specifications can also be found online at BidNet Direct: 3) ALL questions with regard to this bid MUST be submitted in writing. Please email the bid questionnaire form that is attached as part of this bid proposal to the attention of CiTi Purchasing Officer at: purchasing@CiTiboces.org 4) No questions will be entertained by any other means. All questions must be submitted at least ten (10) business days prior to the official bid opening. Questions received after this time may not be addressed. Accepting Sealed OR Electronic Bid Submissions: 5) SEALED BIDS must be received via mail, postal or shipping carrier at: CiTi, 179 County Route 64, Mexico, NY 13114 until, but not later than 12:30 p.m. April 16, 2024. Sealed bid envelopes can also be hand-delivered to CiTi’s Receiving Department (Green Steel Building at the end of the CiTi Campus Driveway in Mexico). CiTi’s Receiving Department is open Monday – Friday 8:00 a.m. to 2:00 p.m. 6) ELECTRONIC BIDS must be submitted via BidNet Direct no later than 12:30 p.m. April 16, 2024. This is the ONLY manner in which electronic submissions will be accepted. Emailed or faxed bid responses are not acceptable. 7) In the event that the CiTi Business Office is closed due to unforeseen circumstances, the bid deadline will be extended to the next business day that CiTi is open for business. The time of day will remain 12:30 p.m. 8) A public bid opening will take place on April 16, 2024 at 12:30 p.m. 9) All public bid openings hosted by CiTi are made available virtually via the Zoom platform. Bidders and members of the public can join the live bid opening virtually by sending an email request in advance of the opening date and time to: purchasing@citiboces.org. Bidders and members of the public who wish to join the bid opening in-person must follow all visitor policy guidelines when present on CiTi property. 10) For Sealed Bid Submissions: Bidders must supply signed hard copies of their completed bids in a sealed envelope marked with the name of the bidder and the bid number on the front of the envelope to the address listed in the manner specified within the Bid Documents. 11) All express envelopes must be clearly marked with the words “Sealed Bid Enclosed” on the front of the outside envelope. This is important in assuring that the bid is delivered properly. The sealed bid envelope must be included in the express envelope. 12) For Electronic Bid Submissions: Bidders must submit a signed photocopy of the bid forms and a completed vendor response sheet via BidNet Direct. 13) The proposal as presented shall remain valid for a minimum period of forty-five days (45) from the date of bid opening. 14) The bidder shall not change or provide the bid sheets in a different format than the one provided. 15) The following three (3) forms are included herein and form a part of this bid proposal: 1. Bid Proposal Certifications (Non- Collusion Bidding Certification and Conflict of Interest Certification). 2. Exceptions or Limitations/Acknowledgement of Terms and Conditions. 3. Iran Divestment Act Certificate of Compliance. Failure to fully execute these three (3) statements will constitute grounds for rejection of a bid submission. 16) The bidder shall state the discount that will be allowed to the bid participants for prompt payment. In the absence of such a discount, payment will be made approximately thirty days (30) after receipt of materials and invoice. 17) All bids are to be on the basis of delivery prepaid to destination. 18) CiTi reserves the right to waive any informalities on bids received. 19) CiTi reserves the right to reject any or all bids and to re-advertise. 20) All costs incurred by the bidders in preparation, estimating and submission of a bid are the responsibility of the bidder. B24-2000 Transportation Fuels Oswego County Board of Cooperative Educational Services Amy Rhinehart, School Purchasing Officer B24-2000 Transportation Fuels: Instructions and Special Conditions, Page 2 of 6 Orders and Billing 21) Quantities listed on the bid are from the school districts and municipalities listed as active bid participants. Each bid participant will prepare its own individual Purchase Order for its respective share of the bid. CiTi will in no way be held responsible for any financial obligations incurred by any bid participant. 22) Each bid participant will be required to give vendors a minimum of 48 hours notice that they require a delivery. In the event of an emergency, only 24-hour notice may be given. Exception to this is the Central Square School District that requires next day delivery to their identified fuel and diesel tanks. This is noted on the district’s defined gallonage worksheet. 23) Unless otherwise specified on a bid participant’s declared estimated gallonage worksheet (contained within), vendors will make delivery within 48 hours after receipt of order (ARO). After 48 hours, the bid participants will be free to invoke the Buy Against Clause. 24) Invoices shall be presented to each bid participant for the quantities ordered as per the Purchase Order. 25) Because they are governmental agencies, purchases made by the bid participants are not subject to sales tax. The bid participants will furnish proof of tax exemption upon request. Delivery 26) Delivery is to be made to locations in each school district or municipality, as per the Delivery Schedule included in the bid. The Purchase Order shall designate the place of delivery and whether it will be on an automatic replenishment basis or as called basis. 27) The ability to make prompt deliveries in accordance with each bid participant’s requirements is of the essence in the performance of this contract and shall be a factor in the awarding thereof. 28) Delivery of fuel will be in trucks used exclusively for the transporting and delivery of fuel. All deliveries must be metered. Deliveries must be accompanied by a delivery ticket showing date of delivery, fuel type, fuel grade, and number of gallons delivered. 29) Bill of Lading will not be accepted in lieu of a Metered Delivery ticket. 30) Bidder agrees to maintain a sufficient supply of fuel to satisfy the requirements of the bid participants and so that emergency deliveries can be made within a 24-hour period. Bid participants will indicate at the time of the 1st call for a fuel delivery whether service will be on an “automatic replenishment basis” or “Call as required basis." If automatic replenishment is selected by a district/municipality, a minimum tank level must be agreed to. If the fuel level falls below the minimum, the school district/municipality shall have the right to purchase sufficient fuel on the open market to fill such tank and will charge any increase in price paid over the current contract price to the account of the awarded contractor. 31) Due to weather conditions, emergency deliveries must be able to be made upon demand. 32) All deliveries are to be F.O.B. Destination. Deliveries are to be made as specified by the purchasing contact. 33) Bid participants are to be notified immediately of any delivery problems. Emergency contact information for each bid participant is included herein. 34) Material Data Safety Sheets (MSDS) must accompany every shipment for all items having an established MSDS, as set forth by the New York State Right to Know Law enacted in 1970, and the Federal Hazard Communication Standard enacted in 1983. 35) During the scheduled delivery times, the vendor agrees to remove all products which do not meet specifications. 36) In any of the situations mentioned, the vendor is required to pick up damaged goods at the time of delivery, and immediately issue credit. Additionally, if the discrepancies are not noted until after receipt of the goods, the vendor agrees to pick up the items on the next delivery. 37) For the purposes of the bid, deliveries under 5,499 gallons will be considered Tank Wagon Deliveries (TW) and deliveries over 5,500 gallons will be considered Motor Transport Deliveries (MT). Pricing 38) The bidder shall insert the price for each item being bid upon in the area provided on the bid forms. The price inserted must be net and fixed for Propane; net and fixed for Ethanol-Free 90 Octane; and a net variable rate (escalator rate) for all other fuel commodities. Included in all bid pricing should be charges and/or fee for delivery, freight and transport, ancillary fees, fuel additives, and overhead where applicable. Please do not include gross receipt tax. No charges will be allowed for federal, state, or municipal sales and excise taxes as all participating school districts and municipalities are tax exempt. The bid participants will furnish proof of tax exemption upon request. Fixed Pricing shall be firm for the contract period of one (1) year, beginning July 1, 2024, and ending June 30, 2025. Escalator Rates shall be firm for the contract period of one (1) year, beginning July 1, 2024, and ending June 30, 2025. 39) Pricing adjustments for fuel commodities bid with a net variable rate (escalator rate) will be based on published posting date prices in the Oil Price Information Service (OPIS) Oil Price Daily report. For all fuels awarded as an escalator rate: SYRACUSE, NY will be the pricing location used for this bid. Pricing will B24-2000 Transportation Fuels Oswego County Board of Cooperative Educational Services Amy Rhinehart, School Purchasing Officer B24-2000 Transportation Fuels: Instructions and Special Conditions, Page 3 of 6 fluctuate based on the Friday posted pricing and will hold firm for one week. The pricing will change Friday morning, based on the Friday OPIS Oil Price Daily posted price, and will be held until the following Thursday night. If there is no OPIS Oil Price Daily posting due to a Friday holiday, the pricing will remain the same until the Monday or the next published OPIS Oil Price Daily posting date. Propane 40) Propane will be bid in a Fixed Net Pricing manner that shall be firm and fixed for the contract period of one (1) year, beginning July 1, 2024 and ending June 30, 2025. Please include a copy of your standard tank rental/lease agreement with the bid packet, including any tank rental/lease fees. Ethanol-Free 90 Octane 41) Ethanol-Free 90 Octane will be bid in a Fixed Net Pricing manner that shall be firm and fixed for the contract period of one (1) year, beginning July 1, 2024 and ending June 30, 2025. Remaining Fuel Commodities 42) Kerosene, Diesel, #2 Fuel Oil, 87 Unleaded and 89 Unleaded will be bid with an escalator rate. The escalator rate for each fuel shall remain constant throughout the contract period of July 1, 2024 to June 30, 2025, while the posted fuel market price will fluctuate. The escalator price will reflect the amount of the weekly fuel market price as posted on the OPIS Oil Price Daily report (New York Harbor Barge Reseller rack for SYRACUSE, NEW YORK) on March 15, 2024. The awarded vendor must agree to substantiate price increases by providing the School District, a copy of the New York Harbor Barge Reseller rack for SYRACUSE, NEW YORK for the dates in question. The fluctuating market price is calculated by finding the SYRACUSE pricing for the fuel in question and averaging the two figures. The escalator rate is the amount charged by the bidder for overhead, delivery, profit, etc, and is added to the current market price at the time of purchase. Example of how Unleaded Gasoline 87 Octane was calculated on the CiTi Transportation Fuels Bid (this bid used the Albany pricing): The Albany pricing for February 26, 2010 was - [2.1255 – 2.1434] add 2.1255+ 2.1434 = 2.13445 [calculated to reach an average price]. The bidder applies an escalator price of .025 for Motor Transport delivery to the averaged price calculated to attain the actual cost; in this case, the district cost is $2.1594 per gallon. 43) The date of delivery to the school district/municipality will determine the price (NOT the order date). Quantities 44) Bidders are advised that quantities are estimates and the bid participants reserve the right to increase or decrease the quantities specified within this bid. It is further understood that all quantities whether increased or decreased are to be furnished at the contracted price. The Bidder hereby waives claim for any damage due to any change in the estimated quantities. Insurance 45) For all of the services set forth herein and as hereinafter amended, Vendor shall maintain or cause to be maintained, in full force and effect during the term of this Agreement, at its expense, a Workers’ Compensation insurance, liability insurance covering personal injury and property damage, and other insurance with stated minimum coverages, all as listed below. Such policies are to be in the broadest form available on usual commercial terms and shall be written by insurers of recognized financial standing satisfactory to the CiTi who have been fully informed as to the nature of the Services to be performed. Except for Worker’s Compensation and professional liability, the CiTi, School Districts, and municipalities shall be an additional insured on all such policies with the understanding that any obligations imposed upon the insured (including, without limitation, the liability to pay premiums) shall be the sole obligation of Vendor and not those of the CiTi, School Districts, and municipalities. Notwithstanding anything to the contrary in this Agreement, Vendor irrevocably waives all claims against the CiTi, School Districts and municipalities for all losses, damages, claims, or expenses resulting from risks commercially insurable under this insurance described in this Article 13. The provisions of insurance by Vendor shall not in any way limit Vendor’s liability under this Agreement. Worker’s Compensation 46) Pursuant to General Municipal Law §108, the parties hereto agree that this Agreement contract SHALL BE VOID and of no effect unless the Vendor shall secure Worker’s Compensation for the benefit of, and keep insured during the life of the contract, such employees, in compliance and as may be necessary with the provisions of the Worker’s Compensation Law. Insurance Requirements 47) Notwithstanding any terms, conditions, or provisions, in any other writing between the parties, the Vendor hereby agrees to effectuate the naming of CiTi, School Districts, and municipalities as an unrestricted, additional insured on the contractor's insurance policy, with the exception of workers’ compensation. If the contractor is self-insured, evidence of its status as a self-insured entity shall be provided to the CiTi Business Office. If requested, the contractor must describe its financial condition and the self-insured funding mechanism(s). B24-2000 Transportation Fuels Oswego County Board of Cooperative Educational Services Amy Rhinehart, School Purchasing Officer B24-2000 Transportation Fuels: Instructions and Special Conditions, Page 4 of 6 The policy naming the bid participants as additional insured shall, without exception:  Be an insurance policy from an A.M. Best rated “secured” New York State licensed insurer.  Contain a 30-day notice of cancellation.  State that the insurer's coverage shall be primary coverage for CiTi and the municipalities and school districts listed as bid participants, its officers, and employees.  The bid participants shall be listed as additional insured by using endorsement CG 2010 10 85 or broader. The certificate must state that this endorsement is being used. If another endorsement is used, a copy shall be included with the certificate of insurance. The contractor agrees to indemnify the bid participants for any applicable deductibles. Required Insurance Minimums Commercial General Liability Insurance $1,000,000 per occurrence, $2,000,000 aggregate General Aggregate to apply on a per project basis Automobile Liability $1,000,000 CSL for owned, hired and borrowed and non-owned motor vehicles Excess/Umbrella Insurance $1,000,000; $3,000,000; $5,000,000 each Occurrence and Aggregate (Per the type and size of the project) Workers' Compensation and N.Y.S. Disability Statutory Workers’ Compensation, Employer’s Liability and NYS Disability Benefits Insurance for all its employees Pollution Liability Insurance $1,000,000.00 for Fuel Spill/ Environmental Response Statutory Compliance 48) In acceptance of this Agreement, the Vendor(s) covenants and certifies that it will comply, in all respects, with all federal, state and county laws which regarding work for municipal corporations including, but not limited to, Workers Compensation and Employers Liability Insurance, hours of employment, wages and Human Rights, and the provisions of General Municipal Law §§103(a) and 103(b) and State Finance Law §§139-A and 139-B. Protection of Property 49) Vendor assumes the risk of and shall be responsible for, any loss or damage to CiTi and participating municipalities and school districts, including property and equipment leased by the participants, used in the performance of this Agreement and caused, either directly or indirectly by the acts, conduct, omissions or lack of good faith of Vendor, its officers, directors, members, partners, employees, representatives or assignees, or any person, firm, company, agent or others engaged by Vendor as an expert consultant specialist or subcontractor hereunder. In the event that any such property is lost or damaged, except for normal wear and tear, then the political subdivision shall have the right to withhold further payments hereunder for the purposes of set-off in sufficient sums to cover such loss or damage. Vendor agrees to defend, indemnify and hold the all bid participants listed on the cover page harmless from any and all liability or claim for loss, cost, damage or expense (including, without limitation, reasonable attorney fees and costs of litigation and/or settlement) due to any such loss or damage. The rights and remedies of the bid participants provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law or by this Agreement. Additional Terms and Conditions 50) The bidder will guarantee to meet all standards set forth in the specification sheet. Bidders will guarantee the fulfillment of this contract for a period of one (1) year from July 1, 2024 through June 30, 2025. 51) The bidder agrees to save, defend, keep harmless and indemnify CiTi and participating municipalities and school districts, and all their agents from any and all claims, however caused, resulting from or in any way connected with the awarded bidder’s performance of the contract or arising out of each and any product defect or failure. 52) Fuels are subject to random samplings at the discretion of each bid participant. Such samplings shall be submitted to an impartial qualitative and quantitative commercial laboratory for analysis. Should such analysis fail to conform to the petroleum industry standards, the participating districts and municipalities reserve the right to terminate this contract. 53) The submission of a bid will be construed as an indication that the contractor is fully informed as to the extent and character of the fuels and can furnish the fuels fully of the bid. 54) The bidder agrees to comply with the provisions of the Workmen’s Compensation Act and the bidder agrees to indemnify and save harmless the boards, districts, and other employees from claims of the Workmen’s Compensation Act. Fuels shall conform to the Clean Air Act of 1993. B24-2000 Transportation Fuels Oswego County Board of Cooperative Educational Services Amy Rhinehart, School Purchasing Officer B24-2000 Transportation Fuels: Instructions and Special Conditions, Page 5 of 6 Diesel Fuel Requirements 55) It is understood that bid participants will require their deliveries of diesel fuel to be Ultra Low Sulfur Diesel. The bid participants’ fuel summaries listed within this bid reflects the approximate total amount of “Diesel” fuel to be consumed during the contract period. This total requirement represents both Ultra Low Sulfur Diesel (ULSD) and ULSD Winter Blended fuels. As part of the fuel total, it is understood that during the winter months, beginning October 1, 2024, additives to the fuel for cold weather operability (per direction from bid participants) and performance will be provided, where no additional cost will be allowed for the maintenance of the fuel quality during that time. At a minimum, the recommendations set forth per the Low Temperature Operability/Performance Characteristics table on the New York State Contract/s for Diesel Fuel (On-Road Use Only) will be followed. In addition to these additives, ULSD may be blended with Ultra Low Sulfur Kerosene (ULSK) where the blend ratio of ULSD to ULSK will be determined by purchase order. Invoicing will based on day of delivery and in accordance with the week’s up-to-date pricing for the fuel quantities as prescribed by the purchase order. The turnover date for ULSD to ULSD Winter Blend will begin on October 1, 2024. Vendors are to include in their bid pricing all charges for additives during the winter months. No additional charges will be allowed for anti-gel additives or other lubricants necessary to maintain the quality of the fuel product. Purchases by other Local Governments and School Districts 56) Each bid participant will issue purchase orders directly to vendors within the specified contract period referencing the bid contract and shall be liable for any payments due on such purchase orders; and shall accept sole responsibility for any payment due. 57) All purchases shall be subject to audit and inspection by the other political subdivisions for which the purchase was made. 58) At no time shall any change to this contract including price and product specification be permitted, except where an item has been replaced by another item due to obsolescence. In this instance, CiTi must approve a change of product in WRITING in order for it to be valid. In the event a product substitution is approved, no change in price will be permitted except when the price will be lower than the awarded price. Force Majeure 59) 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, acts of God, or for any other acts not within control of the successful bidder and which by the exercise of reasonable diligence he/she is unable to prevent. 60) Products and quantities listed on the bid for school districts are the participants’ best estimate based on the projected instructional plan. If the school districts’ instructional plans change due to unforeseen and/or a force majeure event, the actual quantities purchased might also change. Wage Rates 61) Labor cost should reflect the current prevailing wage rates for the transportation and delivery of Fossil Fuel as outlined in Article 9 of the New York State Labor Law. The Prevailing Wage shall be imposed only for actual time used for the transportation and delivery of fuel to the School Districts/Municipalities. Prevailing wage under Article 9 are described as follows: “Wage” includes: (a) basic hourly cash rate of pay: and (b) supplements. The term “supplements” means fringe benefits...” (Article 9, Section 230.5). Therefore, the fringe benefits would be included in the prevailing wage amounts required. The prevailing wage PRC# 2024900310 and is available at the following website: https://apps.labor.ny.gov/wpp/publicViewProject.do?method=sho wIt&id=1565291 Prevailing wage schedules for this bid are listed at the top of the webpage, and are downloadable by clicking on Original Wage Schedules, which appears under the title bar. The bidder shall have no claim to any additional costs should the installation take longer than the bidder calculated. A. Contractor shall employ and compensate its own employees and shall agree to comply with the provisions of the Worker’s Compensation Act and the Contractor agrees to indemnify and save harmless the school board, district and other employees from claims of the Worker’s Compensation Act. B. Contractor shall not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to race, creed, color, national origin, age, sex, marital status, sexual orientation or which is in violation of applicable laws concerning the employment of individuals with disabilities. Assignment and Subletting 62) The Contractor shall not assign or transfer any interest or claim under this contract except as authorized in writing by CiTi and, except as set forth in the Contractor’s proposal, no contract shall be made by the Contractor with any other parties for furnishing any of the work or services under this contract without the approval of CiTi. B24-2000 Transportation Fuels Oswego County Board of Cooperative Educational Services Amy Rhinehart, School Purchasing Officer B24-2000 Transportation Fuels: Instructions and Special Conditions, Page 6 of 6 63) The contractor shall not assign, transfer, sub-lease, surrender, or otherwise encumber or dispose of this contract or any estate created by this contract or any interest in any portion of the same, or permit any other person or persons, company or corporation to perform, without the written consent of CiTi first being obtained. Contract Modification 64) Either party may at any time during the term of this contract request amendments or modifications. Requests for amendment or modification of this contract shall be in writing, specifying the changes sought and the reasons. Award 65) The CiTi Board of Education will, based on the final comparison of all bids, award the bid to the lowest, responsive, responsible bidder as will best promote the public interest. The CiTi Board of Education reserves the right to reject any or all bids in whole or in part. The bid may be awarded on a line-by-line, lot by lot or total bid basis.* CiTi reserves the right to reject all or part of any bid submitted and may, if in the best interest of CiTi change the award basis. Bids will be considered only from bidders whose financial resources, technical ability, and experience are commensurate with the services to be performed. *Please note: Ultra Low Sulfur Kerosene (ULSK) is not a commodity that bid participants purchase by itself. Kerosene is only purchased as part of a winter blend. The award for Kerosene will be made in conjunction with USLD Diesel. 66) Notice of Award shall be made to the successful bidder within forty-five (45) from the date of bid opening. The award for this bid will take place at the June 12, 2024 CiTi Board Meeting. 67) The bid participant(s) and the vendor will submit all complaints in writing to the appropriate party(s) within four (4) days of occurrence of any incident. Compliant should be sent to Amy Rhinehart, School Purchasing Officer/Bid Coordinator, at purchasing@citiboces.org. The Bid Coordinator will maintain a file of all complaints that are submitted from both the participants and the vendor. 68) This will be an annual bid. The bid period will be from 07/01/2024 to 06/30/2025 for all bid participants. Term of Contract 69) Any contract resulting from the award of this bid shall be for a term of twelve (12) months from the date of award. CiTi reserves the right to renew all or any part of this contract for up to a maximum of two additional, (12) twelve-month periods but not less than (1) one-month if agreeable by awardee(s) and by resolution of the CiTi Board of Education. Failure to adhere to these instructions will constitute grounds for rejection of the bid. B24-2000 Transportation Fuels: General Terms and Conditions, Page 1 of 4 Center for Instruction, Technology & Innovation A Board of Cooperative Educational Services 179 County Route 64 Mexico, NY 13114 GENERAL CONDITIONS (For the Purchase of Materials, Supplies, Equipment, and Services) All invitations to bid issued by the above named Board of Cooperative Educational Services will bind bidders and successful bidders to the conditions and requirements set forth in these general conditions, and such conditions shall form an integral part of each purchase contract awarded by the Center for Instruction, Technology & Innovation (CiTi). DEFINITIONS “CiTi” Shall be the legal designation of the Oswego County Board of Cooperative Educational Services/ Center for Instruction, Technology & Innovation. “School District” Shall be the legal designation of the district. “Notice to Bidders” A formal statement, which, when issued by the CiTi, constitutes an invitation to bid on the materials, supplies and equipment described by the specifications “Board” The Board of Cooperative Education Services Board of Education. “Bid” An offer to furnish materials, supplies, and/or equipment in accordance with the invitation to bid, the general conditions, special instructions, and the specifications. “Bid Offer” The form on which the vendor/bidder submits his bid. “Bidder” A company, corporation or individual submitting a bid. “Contract” A notice to the successful bidder by the issuance of a purchase order, all documents relating to the transaction, including but not limited to, the bid offer of the successful bidder, notice to bidders, general information, general conditions, specifications, notice of award, bid proposal certifications; a formal document signed by the successful bidder and the CiTi representative. “Successful Bidder” Any bidder to whom an award is made by the CiTi. “Contractor” Any bidder to whom a contract award is made by the Board of Cooperative Education Services. “Specifications” defined as the description of materials, supplies, equipment, and/or services, including the conditions for its purchase. BIDS 1. The date, time, and place of bid opening will be given in the Notice to Bidders. 2. All bids must be submitted on bid forms, if provided, and in accordance with instructions provided. 3. All bids received after the time stated in the Notice to Bidders 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 CiTi. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his/her bid deposited on time at the place specified. 4. In the event that the CiTi Business Office is closed due to unforeseen circumstances, the bid deadline will be extended to the next business day that CiTi is open for business. The location and time of day for the bid opening will remain the same. 5. All information required by Notice to Bidders, General Conditions, Specifications, and Bid Offer, in connection with each item against which a bid is submitted, must be given to constitute a regular bid. 6. The Non-Collusive Bidding Certification must be included with each bid as required by General Municipal Law, Section 103-d. 7. 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. 8. No alteration, erasure, or addition is to be made in the typewritten, printed, or electronic matter. Deviations from the specifications must be set forth in space provided in bid for this purpose. 9. Prices and information required should be typewritten for legibility. Illegible or vague bids may be rejected. All signatures must be written. Facsimile, printed, or typewritten signatures are not acceptable. 10. Sales to school districts are not affected by any fair trade agreements. (General Business Law, Sec. 369-a, Sub. 3) 11. No charge will be allowed for Federal, State or municipal sales and excise taxes since the school districts, municipalities and the CiTi are exempt from such taxes. 12. The price bid shall be net and shall not include the amount of any tax or any ancillary fees. 13. Prices shall be net; including transportation and delivery charges fully prepaid by the successful bidder to destinations indicated in the instructions to bidders. 14. All bids must be in sealed, plain, opaque envelopes may be used, clearly marked “BID.” Also, the date and time of the bid opening as indicated on the Notice to Bidders must appear on the envelope. Bids must not be attached to or enclosed in packages containing bid samples. Telephoned quotations or amendments will not be accepted at any time. 15. 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 CiTi, no later than five days (5) 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 CiTi in the form of addenda so issued shall become a part of the contract documents. 16. If the supplies, materials, or equipment are to be delivered over an extended period of time, or if the specifications so state, then the successful bidder may be required to execute an agreement in relation to the performance of his contract, such agreement to be executed by the bidder within 15 days after notification to execute such B24-2000 Transportation Fuels: General Terms and Conditions, Page 2 of 4 contract. If the specifications so state, the successful bidder also may be required to furnish a performance bond equal to the full amount of the contract to guarantee the faithful performance of such contract. Such performance bond shall be maintained in full force and effect until the contract shall have been fully performed. The surety company furnishing such performance bond shall be authorized to do business in the State of New York and must be satisfactory to the school district. The successful bidder shall execute the performance bond at the time of the execution of the contract by the successful bidder and the Board. 17. The proposal as presented shall remain valid for a period of forty-five (45) from the date of bid opening. AWARD 18. 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 purposes for which required, and the terms of delivery. 19. The CiTi reserves the right to reject all bids. Also reserved is the right to reject, for cause, any bid in whole or in part; to waive technical defects; qualifications; irregularities; and omissions if in its judgment the best interests of the district will be served. Also reserved is the right to reject bids and to purchase items on State or County contracts if such items can be obtained on the same terms, conditions, specifications, and at a lower price. 20. The CiTi reserves the right to make awards within forty-five (45) days after the date of the bid opening during which period bids may not be withdrawn unless the bidder distinctly states in his bid that acceptance thereof must be made within a shorter specified time. 21. If two or more bidders submit identical bids as to price, the decision of the board to award a contract to one of such identical bidders shall be final. (General Municipal Law, Sec. 103, Sub. 1) CONTRACT 22. Each bid will be received with the understanding that the acceptance thereof in writing by the board, to furnish any or all of the items described therein shall constitute a contract between the successful bidder and the school district. Contract shall bind the successful bidder on his part to furnish and deliver at the prices and in accordance with the conditions of this bid. 23. The placing in the mail of a notice of award or purchase order to a successful bidder, to the address given in his bid, will be considered sufficient notice of acceptance of contract. 24. If the successful bidder fails to deliver as ordered, or within the time specified, or within reasonable time as interpreted by the CiTi, or fails to make replacement of rejected articles, when so requested immediately or as directed by the school district, the CiTi or school district may purchase from other sources to take the place of the item rejected or not delivered. the CiTi or school district reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary. On all such purchases, the successful bidder agrees to reimburse the CiTi or school district promptly for excess costs occasioned by such purchases. Should the cost be less, the successful bidder shall have no claim to the difference. Such purchases will be deducted from contract quantity. 25. A contract may be canceled at the successful bidder’s expense upon nonperformance of contract. 26. Cancellation of contract for any reason may result in removal of the successful bidder’s name from mailing list for future proposals for an indeterminate period. 27. Damaged Products – During the scheduled delivery times, the vendor agrees to remove all damaged cases that are visible and all products that are found damaged upon opening, or products, which do not meet specifications. When materials, equipment, or supplies are rejected, they must be removed by the successful bidder from the premises of the school district within ten (10) days of notification. Rejected items left longer than ten (10) days will be regarded as abandoned, and the school district shall have the right to dispose of them as its own property. Pertinent information: Damaged goods not removed by the vendor, as stated, will be regarded as abandoned and the CiTi shall have the right to dispose of them as its own property. This condition addresses the following concerns: a. Damaged cases discovered during and after delivery b. Products that do not meet specifications c. Storage of such items d. Ownership of such items 28. In any of the situations mentioned, the vendor is required to pick up damaged goods at the time of delivery, and immediately issue credit. Additionally, if the discrepancies are not noted until after receipt of the goods, the vendor agrees to pick up the items on the next delivery. In either event, if the vendor does not adhere to these terms, the CiTi gains title to the property and needs only to maintain a record of the delivery date and the item codes to be entitled to credit. 29. No items are to be shipped or delivered until receipt of an official purchase order from the school district. Each delivery must show a purchase order number on the outside of the package, unless otherwise directed by the Purchasing Agent. 30. It is mutually understood and agreed that the successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his right, title, or interest therein, or his power to execute such contract, to any other person, company, or corporation, without the previous written consent of the school district. 31. Each bid will be received with the understanding that the acceptance thereof in writing by the board, to furnish any or all of the items described therein shall constitute a contract between the successful bidder and the school district. However, the CiTi or the School District(s) shall be under no obligation to purchase items until such time that a properly executed Purchase Order has been issue. 32. Contract shall bind the successful bidder on his part to furnish and deliver B24-2000 Transportation Fuels: General Terms and Conditions, Page 3 of 4 at the prices and in accordance with the conditions of his bid. Contract shall bind the school district on its part to order from such successful bidder and to pay for at the contract prices, all items ordered and delivered, within twenty (20) percent over or under the award quantity, unless otherwise specified, or impacted by funding conditions. GUARANTEES BY THE SUCCESSFUL BIDDER 33. The successful bidder guarantees: a. The product 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 workers are responsible, to the building or equipment, to his own work, or to the work of other successful bidders. c. Carry adequate insurance to protect the bid participants from loss in case of accident, fire, theft, etc. d. That all deliveries will be equal to the accepted bid sample. DELIVERY 34. 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 CiTi or school district as to reasonable compliance with delivery terms shall be final. If a vendor is bidding a special order item that will extend the delivery time outside of the specified time frame, this must be noted in the bid for consideration during the award process. 35. The CiTi or school district 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. 36. Items shall be packaged securely and properly for shipment, storage and stocking in shipping containers and according to accepted commercial practice, without extra charge for packing cases, bailing or sacks. 37. All deliveries shall be accompanied by delivery tickets or packing slips. Ticket shall contain the following information for each item delivered: a. Contract number and/or purchase order number b. Name of article c. Item number (if applicable) d. Quantity e. Name of the successful bidder f. Carton shall be labeled with purchase order and 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. 38. Each item on the Bid containing a Chemical Substance must be accompanied by a MATERIAL SAFETY DATA SHEET when delivered. Failure to include these requisite data sheets will prohibit the processing of payment. PAYMENTS 39. Payment for the used portion of an inferior delivery will be made by the CiTi or school district on an adjusted price basis. 40. Payment will be made only after correct presentation of claim forms or invoices as may be required. 41. Payments of any claim shall not preclude the CiTi or school district from making claim for adjustment on any item found not to have been in accordance with the contract specifications. 42. The bidder shall state the amount of the discount that will be allowed for payment terms less than 30 days. In the absence of such stated discount, payment will be made approximately thirty days (30) after receipt of materials and invoice. SAVING CLAUSE 43. 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 acts not within the control of the successful bidder and which by the exercise of reasonable diligence he is unable to prevent. CONTRACT TERMINATION 44. The CiTi, municipalities and/or School Districts shall have the right to terminate or reduce individual orders without further obligation as of the end of the then current fiscal year in the event that the CiTi, municipalities or School District is on a contingent budget, fails to get a budgetary appropriation or experiences approval of funding at a reduced amount for the continuation of individual orders for any subsequent fiscal year. The CiTi, municipalities or School District shall give bidder written notice of termination or the reduction of orders within thirty days (30) of the failure to appropriate the necessary funding. This contract shall be deemed executory only to the extent of the monies appropriated and available for the purpose of the contract, and no liability on account thereof shall be incurred by the purchaser beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate or make available monies for the purpose of the contract. 45. CiTi shall have the option, in its sole discretion, to terminate an award agreement, at any time during the term hereof, for convenience and without cause. CiTi shall exercise this option by giving Contractor and/or Awarded Vendor written notice of termination. The notice shall specify the date on which termination shall become effective. LABOR LAW/PREVAILING WAGES 46. By bidding on this contract, the contractor is agreeing to comply with all applicable requirements of NYS Labor Law. The contractor shall conform to the schedule of wages applicable to the performance of the said contract and the statutory requirements and rules of the State of New York. a. Where delivery and installation of material is required, the contractor agrees to comply with Article 8-