04 BID-D 2025 Alum Culvert etc HWY DB259.pdf

TOWN OF COLONIE

The Department of Public Works, Division of Highway

RFB Alum, Culvert, Arch & PVC Pipe HWY 2025 DB259

ALL BIDDERS TAKE NOTE!

All bids being delivered in person to the Office of Purchasing at Memorial Town Hall must be delivered to the north entrance.

A doorbell has been provided to gain entry.

Notice Regarding Bid Submission:

Bids shall be submitted at the time and place indicated in the Notice to Bidders and shall be enclosed in an opaque, sealed envelope. The opaque envelope shall be marked on the outside with the project title and name and address of the bidder. The submission shall consist of the completed pages of this document marked “TO BE SUBMITTED,” and any other required documents. The submission shall also include, if required in the Notice to Bidders, the bid security. If the bid is sent through the mail or other delivery system, the sealed envelope containing the bid shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof AND the outer envelope shall be marked on the outside with the project title and name and address of the bidder.

Submission Deadline: 3/12/2025 11:00 AM

Office of Purchasing

General Services Department Town of Colonie

Memorial Town Hall 534 New Loudon Road

Latham, NY 12110

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RFB Alum, Culvert, Arch & PVC Pipe HWY 2025 DB259

Contents

BID INFORMATION AND INSTRUCTIONS

Project Identification, Submission Deadline, and Project Duration and Bonding Project Title Project Common Name Department Issuing Submission Deadline

PRC #:

Award Basis Initial Contract End Renewal Options:

Bid Bond or Certified Check Performance and Labor and Materials Bond Payment Bond

Defined Terms Intent of Solicitation Solicitation Distribution Qualification of Bidder Examination of Bidding Documents and Site Visit Addenda and Interpretations Contract Time Discussed Bid Form Discussed Copies of Solicitation Documents Bid Response Sheet Discussed Marking of Submission Disqualification Modification and Withdrawal of Bids Bids to Remain Open Award and Rejection of Bid/Contract Assignment Non-Appropriation Clause Indemnification Town Insurance Purchase Order Requirement Payment Standard Title VI/Non-Discrimination Disadvantaged Business Utilization Signing of Contract Sales Taxes Laws and Regulations Non-Collusive Bidding and Iranian Energy Sector Divestment Certificates Discussed Escalation of Cost Insurance Requirements When Services Provided Extension of Bids

SUBMISSION DOCUMENTS

Bid Form

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Project ID Submit Bid to Acceptance of Instructions to Bidders Acceptance of Addenda Commitment to Complete Work/Supply Goods Pages To Be Completed and Submitted Communications to Bidder Bid Response Sheet Instructions Additional Submittal Requirements

Non-Collusive Bidding Certification Iranian Energy Sector Divestment Vendor Responsibility and Bidder’s Qualification Questionnaires Vendor Responsibility Questionnaire

Acknowledgement Of Bidder

SPECIFICATIONS

ITEM GROUP # 1102

ITEM GROUP # 1103

ITEM GROUP # 1105

ITEM GROUP # 1106

ITEM GROUP # 1107

ITEM GROUP # 1108

ITEM GROUP # 1109

ITEM GROUP # 1110

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BID INFORMATION AND INSTRUCTIONS

04 BID-D 2025 Alum Culvert etc HWY DB259.docx Last Updated:2/7/2025 3:42 PM

TOWN OF COLONIE

The Department of Public Works, Division of Highway

BID INFORMATION AND INSTRUCTIONS

Project Identification, Submission Deadline, and Project Duration and Bonding

Project Title: RFB Alum, Culvert, Arch & PVC Pipe HWY 2025 DB259

Project Common Name: Alum, Culvert, Arch & PVC Pipe DB259

Department Issuing: The Department of Public Works, Division of Highway

Submission Deadline: 03/12/2025 at 11.00 AM (local time)

PRC #: not applicable

Award Basis: Grand Total Amount Bid for the Item Group

Initial Contract End : 3/31/2026

Renewal Options: 2026, 2027, and 2028

Bid Bond or Certified Check: not required

Performance and Labor and Materials Bond: not required

Payment Bond: not required

Defined Terms As used in this bid, the below-listed terms have the ascribed meaning:

Term Definition

Grand Total Amount Bid for the

Item Group:

the amount that the Town intends to utilize to compare the pricing on the various Bids received for the purpose of making an award for the solicitation, or awards for the various parts and/or categories of the solicitation.

Bidder: any individual or legal entity that submits a Bid.

Bidnet: the Empire State Purchasing Group's Regional Bid Notification System: bidnetdirect.com/new-york.

Business Day:

any day that the Town’s Purchasing Department is open to conduct business during normal business hours.

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Contract: the agreement the Successful Bidder enters with the Town once the Town awards and relies on the Bid.

Contractor:

refers to the Successful Bidder after it has entered a Contract with the Town to perform the anticipated work.

Bid:

an offer to furnish materials, supplies, services, and/or equipment in accordance with the terms of this document.

Bid Response Sheet:

the form on which the Bidder submits its offer, see Bid Response Sheet Instructions below.

Owner: The Town of Colonie, Albany County, New York

RFB: this request for bid document.

Specifications:

the detailed description of requirements, materials, supplies, services, and/or equipment found in the Specifications section of this RFB.

Successful Bidder:

the lowest, qualified, responsive, and responsible Bidder or Bidders to whom the Town (based on Town's evaluation as hereinafter provided) makes an award.

Town: the Town of Colonie, Albany County, New York State.

Intent of Solicitation With this RFB, the Town is requesting bids from qualified, responsive, and responsible bidders to provide aluminum culvert, arch, and PVC pipe to the Town.

Solicitation Distribution The Town officially distributes its solicitation documents from its Office of Purchasing and through Bidnet. Copies of solicitation documents obtained from any other source are not considered official copies. Only those vendors who obtain solicitation documents from either the Office of Purchasing or Bidnet are guaranteed to receive addendum information, if such information is issued. If you have obtained this document from a source other than the Town’s Office of Purchasing or Bidnet, the Town recommends that you obtain an official copy.

Qualification of Bidder

Each Bidder shall submit a completed version of the Bidder Qualification Questionnaire as part of its Bid. Each bid must contain evidence of the Bidder’s

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The Town may make such investigations, as it deems advisable to determine the ability of the Bidder to supply the goods bid and/or perform the work. The Bidder shall furnish to the Town, within five days of the Town’s request, all requested information, and data. The Town reserves the right to reject any Bid, if the evidence submitted by, or investigation of, the Bidder fails to satisfy the Town that the Bidder is properly qualified to supply the goods and/or carry out the obligations contemplated in this RFB.

Examination of Bidding Documents and Site Visit Before submitting its Bid, each Bidder: (a) must examine the bidding documents thoroughly, and (b) should familiarize itself with federal, state, and local laws, ordinances, rules, and regulations that may affect the work contemplated herein.

Before submitting its Bid, each Bidder should, at its own expense, make such additional investigations and tests as the Bidder may deem necessary.

The submission of a Bid will constitute an incontrovertible representation by the Bidder that it has complied with every requirement discussed above and that the RFB is sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work.

Addenda and Interpretations All questions about the meaning or intent of this RFB shall be submitted to the

Town in writing via email to purchasing@colonie.org. To be given consideration, such email(s) must be received at least five business days prior to the date fixed for the opening of Bids. When appropriate, the Town will issue a reply by addendum to this RFB. Each such addendum will be distributed via either U.S.

Mail or by e-mail to known prospective Bidders (at the respective addresses furnished for such purposes) not later than two days prior to the date fixed for the opening of bids. If the Town has made this RFB available for download from Bidnet, addenda shall also be made available for download on such web site.

Failure of any Bidder to receive an addendum, to timely submit to the Town an executed copy of an addendum, or to acknowledge the receipt of an addendum, shall not relieve such Bidder from any obligation under its Bid as submitted.

All issued addenda shall become part of the RFB documents.

Only questions answered by a formal written addendum will be binding on the

Town. Oral and other interpretations or clarifications will be without legal effect.

Contract Time Discussed It is intended that the initial term of the contract between the Town and the Successful Bidder will commence on or about April 1, 2025 and terminate on or about March 31, 2026. For subsequent years 2026, 2027, and 2028, the Contract may be renewed for

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Bid Form Discussed

The to-be-completed-and-submitted Bid Form follows; additional copies may be obtained from Town.

The Bid Form must be completed in ink, by typewriter or similar.

A Bid submitted by a corporation must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the secretary or an assistant secretary must affix the corporate seal. The corporate address and state of incorporation shall be shown below the signature.

A Bid submitted by partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

A Bid submitted by a limited liability company must be executed in the company’s name and signed by a member, whose title must appear under the signature and the official address of the company must be shown below the signature.

All names must be typed or printed below the signature.

The Bid should contain an acknowledgment of receipt of all addenda (the numbers of which shall be filled in on the Bid Form).

The Bid should contain the mailing and email address to which communications to the Bidder are to be directed.

Copies of Solicitation Documents

A complete set of the solicitation documents may be obtained or examined at the Office of Purchasing, Colonie Memorial Town Hall, 534 New Loudon Road, Latham, NY 12110. A complete set of the solicitation documents may also be available for download from Bidnet.

A complete set of the solicitation documents shall be used in preparing a submission and shall be submitted as a Bid. The Town does not assume any responsibility for errors or misinterpretations resulting from the use of an incomplete set of solicitation documents.

The Town in making copies of solicitation documents available on the above terms, does so only for the purpose of obtaining Bids for the work; the Town does not confer a license or grant to anyone to apply the solicitation documents for any other use.

Bid Response Sheet Discussed The to-be-completed-and-submitted Bid Response Sheet is posted herewith.

Additional copies of the Bid Response Sheet may be obtained from the Town.

Two versions of the Bid Response Sheet have been posted: a version formatted in Microsoft Excel and a PDF version. While the Bidder may begin with either format when it prepares its submission, the Town strongly recommends that Bidders utilize Microsoft Excel software to prepare the Bid Response Sheet.

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No matter which format the Bidder utilizes, the Bidder must submit a completed, paper version of the Bid Response Sheet.

On the submitted Bid Response Sheet, the Grand Total Amount Bid for the Item Group must be stated in numerals, and where requested, in words. If a statement in words has been requested, in an instance where the statements in words and numerals conflict, the amount stated in words will take precedence.

Marking of Submission Bids shall be submitted at the time and place indicated in the Notice to Bidders and shall be enclosed in an opaque, sealed envelope. The opaque envelope shall be marked on the outside with the project title and name and address of the bidder. The submission shall consist of the completed pages of this document marked “TO BE SUBMITTED,” and any other required documents. The submission shall also include, if required in the Notice to Bidders, the bid security. If the bid is sent through the mail or other delivery system, the sealed envelope containing the bid shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof AND the outer envelope shall be marked on the outside with the project title and name and address of the bidder.

Disqualification The Town reserves the right to refuse to issue a set of solicitation documents to a prospective Bidder should such Bidder:

Have failed to pay, or satisfactorily settle, all bills due for labor and/or materials on a previous contract with the Town;

Have defaulted under a previous contract with the Town;

Have made slow, incomplete, or otherwise unsatisfactory deliveries of supplies or services to the Town under a previous contract with the Town; and/or.

Have performed unsatisfactory work on a previous project with the Town.

Modification and Withdrawal of Bids A Bid may be modified or withdrawn by an appropriate document duly executed

(in the manner that a bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of bids.

If, within 72 hours after its Bid is opened, a Bidder files a duly signed written notice with the Town and promptly thereafter demonstrates to the reasonable satisfaction of the Town that there was a material and substantial mistake of the type described in N.Y. Gen. Mun. Law §103 [11], the Bidder may withdraw its Bid and its bid security, if any, will be returned.

Bids to Remain Open All Bids shall remain open for 45 days after the bid submission deadline, but the Town may, in its discretion, release any Bid and return any bid security prior to that date.

Award and Rejection of Bid/Contract

The Town reserves the right: to reject any and all Bids, to waive any and all informalities, to negotiate contract terms with the Successful Bidder, and to disregard all nonconforming, non-responsive, or conditional bids. Discrepancies

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For solicitations where the Town has estimated its purchase quantity for an item for which it is soliciting bids, the Town reserves the right to determine the low bid by considering alternate Town’s purchase quantities.

In the case of a solicitation for bids for item groups, the Town reserves the right to make its award based on individual items within the group as opposed to the submitted grand total amount bid for the item group. Similarly, in the case of solicitations for bids for item groups, the Town reserves the right to delete one or more items from the calculation of the item group’s total, award those items individually, and award the remaining items in the item group based on the Grand Total Amount Bid for the Item Group calculated without regard to the deleted items.

In the case of a solicitation that includes additional pricing requests or options, should the Town determine that it wishes to have the work described in the additional pricing request(s) or option(s) performed, the Town reserves the right to make its award based on the grand total amount bid (or base bid) increased by the amount bid for such additional price request or optional pricing.

A Bid may be rejected if the Town considers it to be irregular. Bids shall be considered irregular for the following reasons:

o If the Bid is on a form other than that issued by the Town, or, if text of the Bid Form and/or Bid Response Sheet as issued is altered, or, if any part of the Bid Form and/or Bid Response Sheet is detached.

o If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the Bid incomplete, indefinite, or otherwise ambiguous.

o If the Bid is not accompanied by the specified bid security, if required.

The Town may consider operating costs, maintenance considerations, performance data, and guarantees on materials and equipment.

In an instance where the amount bid by the Bidder to whom the Town would otherwise make its award exceeds the amount of funds the Town has appropriated and/or budgeted for the matter, the Town may reject all bids.

The Town may conduct such investigations as it deems necessary to assist in the evaluation of a Bid and to determine the responsibility of the Bidder, i.e., to determine the Bidder’s accountability, reliability, skill, sufficiency of capital resources or liquid assets, judgment, and integrity. Such investigation may include investigation of the responsibility (financial and otherwise), qualifications, and abilities of a Bidder, a Bidder’s proposed subcontractors and other persons and entities. The Town may do so to evaluate the Bidder’s responsibility and ability to complete the work, and/or provide the goods or services, described in this RFB and the Contract to the Town's satisfaction within the prescribed time.

The Town, when determining the responsibility of the Bidder, may consider financial information relative to the Bidder, past performance of the Bidder, information relative to the Bidder’s experience, reliability, business operation capacity and competence; the Bidder’s past or present criminal involvement or

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Bids received from Bidders who have previously failed to complete contracts within the time required, or who have previously performed work in an unsatisfactory manner, may be rejected.

A Bid may be rejected if the Bidder cannot demonstrate to the Town’s satisfaction that it has the necessary financial resources, permit(s), license(s), labor force, skill, ability, plant, and equipment to supply the goods and/or to commence the work at the time prescribed and thereafter to prosecute and complete the work at the pace or within the time specified.

In an instance where two or more Bidders (who the Town determines to be responsive and responsible) submit Bids that are identical in price, are otherwise indistinguishable as far as the best interest of the Town is concerned, are the low bid amount, and otherwise meet all the requirements and criteria set forth in this document, the Purchasing and General Service Director (or his or her designee) shall break the tie by conducting a drawing to determine the bid awardee (i.e., the Successful Bidder). If the drawing is to break a tie between two Bidder, then a coin toss may be held. If the drawing is to break a tie among more than two Bidder, then the selection may be determined by drawing a Bidder’s name out of a hat.

If a contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by the Town indicates to the Town that the award will be in the best interests of the Town.

If a contract is to be awarded, the Town will give the Successful Bidder a Notice of Award within 90 days after the day of the bid opening.

Assignment There shall be no assignment of this bid and any resulting agreement per N.Y. Gen.

Mun. Law §109 without prior written consent of the Town. If any Successful Bidder, to whom any contract is let, granted, or awarded, shall, without the previous written consent of the Town, assign, transfer, convey, sublet, or otherwise dispose of such contract, or its right, title or interest therein, or its power to execute such contract, to any other person or corporation, the Town may revoke and annul such contract. If the Town does so revoke and annul, it shall be relieved and discharged from any and all liability and obligations growing out of such contract to such Successful Bidder, and to the person or corporation to which such contract shall have been assigned, transferred, conveyed, sublet or otherwise disposed of, and such Successful Bidder, and the Successful Bidder’s assignees, transferees or sublessees shall forfeit and lose all

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Non-Appropriation Clause Notwithstanding anything contained in this RFB to the contrary, the Town shall not be deemed in default under the Bid/Contract in the event that insufficient funds are appropriated and/or budgeted for, or are otherwise available, to implement the RFB.

The Town will immediately notify the Successful Bidder of such occurrence and the Bid shall terminate on the last day of the fiscal period for which appropriations were received as to the portions of expenditures herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available.

Indemnification A. To the fullest extent permitted by law, the Successful Bidder shall indemnify and hold harmless the Town and its agents and employees from and against all claims, damages, losses, and expenses including but not limited to attorneys' fees arising out or of resulting from the performance of the work, provided that any such claim damage, loss, or expense: (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and, (2) is caused in whole or in part by any negligent act or omission of the Successful Bidder, any subcontractor of the Successful Bidder, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

B. In any and all claims against the Town, or any of its agents or employees, by any employee of the Successful Bidder, any subcontractor of the Successful Bidder, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Successful Bidder, or any subcontractor of the Successful Bidder under workers' or workmen's compensation acts, disability benefits acts, or other employee benefit acts.

Town Insurance Bidders must accept that the Town is self-insured for general liability.

Purchase Order Requirement Purchases of goods and/or materials for the Town are authorized only if a signed purchase order is issued in advance of the transaction, showing that the ordering department has sufficient funds available to pay for the purchase. Time is of the essence regarding matters discussed in this solicitation. An issued purchase order may specify an expiration date on or before which goods or materials must be provided.

Following such expiration date, any award pursuant to this solicitation made to the vendor to whom the purchase order is addressed shall then become null and void with respect to unprovided goods and/or materials. Vendors providing goods or materials without a signed purchase order do so at their own risk. The Town shall not be liable for

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Payment Prior to payment, the items furnished and/or work performed will be inspected by the Town to determine their conformity to specifications. No payment shall be made for items not meeting specifications. Payment shall be made upon the submission of a completed invoice. Except for a drop shipment from the manufacturer or similar for which the drop-ship freight charge has been pre-approved by the Town, all prices bid shall include freight and shall be quoted F.O.B. destination.

Standard Title VI/Non-Discrimination The Town, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §2000d et seq.) and the interpretive regulations, hereby notifies all Bidders that it will affirmatively ensure that disadvantaged business enterprises will be afforded full and fair opportunity to submit a Bid in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Disadvantaged Business Utilization It is a requirement of this RFB that Minority Business Enterprises (“MBE”), Woman Owned Business Enterprises (“WBE”) and Service-Disabled Veteran-Owned Business (“SDVOB”) be afforded the maximum opportunity to participate. The Town is committed to MBE, WBE, and SDVOB being considered in awarding of this Contract.

Furthermore, it is desired that contractors and subcontractors utilize minority and woman labor to the greatest extent feasible. This solicitation has M/WBE and SDVOB participation requirements of 0% and 0%, respectively.

Signing of Contract Shortly after the Town gives a Notice of Award to the Successful Bidder, the Town will provide the Successful Bidder with at least two unsigned counterparts of the Contract and all other contract documents. Within 15 days thereafter, the Successful Bidder shall sign and return to the Town all such documents.

Sales Taxes The Town is an exempt organization and is therefore exempt from payment of sales and compensating use taxes of the State of New York, and of cities, counties, and other subdivisions of the State, on all goods purchased. In the case of a bid on work to be provided, as opposed to simply goods to be provided, please refer to the appended Schedule A for further details.

Laws and Regulations All applicable New York State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract

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Non-Collusive Bidding and Iranian Energy Sector Divestment Certificates Discussed

All Bids are subject to provisions of N.Y. Gen. Mun. Law §103. A signed non-collusive certification and Iranian Energy Sector Divestment Certification are required to be submitted with each Bid in the form specified with the RFB.

Escalation of Cost This is a fixed unit price contract, and the Bidder will not be entitled to extra reimbursement due to escalation of its costs due to inflation.

Insurance Requirements When Services Provided If the Successful Bidder will provide services on Town property as it satisfies the requirements of this solicitation, it will be required to procure and maintain, solely at its own expense, insurance of the kinds and in the amounts described below and required in the Contract. The Successful Bidder will be required to maintain such insurance coverages until final acceptance of its goods and/or services by the Town. For the purposes of these insurance requirements, providing “services” includes the act of delivering goods on Town property. Before providing services/commencing work, the Successful Bidder will deliver to the Town Attorney or his designee, a certificate or certificates of form and content satisfactory to the Town Attorney, showing that:

- The insurance is endorsed to provide written notice be given to the Town, at least forty-five (45) days prior to the cancellation, non-renewal, or material alteration of such policies; and

- The “Town of Colonie” is covered by such insurance as an additional insured “RFB Alum, Culvert, Arch & PVC Pipe HWY 2025 DB259” must appear on the certificate of insurance. The additional insured requirement does not apply to Workers Compensation or Professional Liability coverage.

The kinds and amounts of insurance to be maintained are as follows:

A. Worker’s Compensation and Employer’s Liability Insurance meeting all New

York State statutory requirements. Such policy or policies shall provide protection for employees of the Successful Bidder in the event of job-related injuries.

B. Automobile Liability Policy or Policies with limits of not less than $1,000,000 for each accident because of bodily injury, sickness or disease sustained by any person, including death at any time, caused by accident, and arising out of the ownership, maintenance or use of any automobiles. In addition, the automobile liability policies shall have limits of not less than $1,000,000 for each accident for damage to property, including all resulting loss of use thereof, caused by accident and arising out of the ownership, maintenance, or use of any automobiles.

C. General Liability, Umbrella Excess Liability, and/or Errors and Omissions’ coverage, including comprehensive form, contractual, premises, and operations, products, and completed operations, personal & advertising injury, cross liability

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Liability – Bodily Injury, Personal Injury & Property Damage:

combined single limit for each occurrence - $1,000,000 and annual aggregate - $2,000,000.

D. If providing professional services, Errors and Omissions policy with limit of not less than $1,000,000 combined single limit for each occurrence and $2,000,000 annual aggregate, which policy applies to professional errors, acts, or omissions arising out of the scope of services covered by this solicitation.

Certificate acceptance and/or approval by the Town will not be construed to relieve the Successful Bidder of any obligations, responsibilities, or liabilities under the Contract.

The Successful Bidder will be solely responsible for the payment of all deductibles and self-insured retentions to which such policies will be subject.

Not less than 30 days prior to the expiration date or renewal date, the Successful Bidder shall supply to the Town updated replacement Certificates of Insurance, and amendatory endorsements.

Failure to obtain and/or keep in effect any or all required insurance on behalf of the Town as provided above will constitute a material breach of the Contract and will subject the Successful Bidder to liability for damages, indemnification, and all other legal remedies available to the Town. The insurance requirements will not be construed to conflict with the obligations of the Successful Bidder concerning indemnification.

Failure to obtain and/or keep in effect any or all required insurance shall also provide the basis for the Town’s immediate termination of the Contact, subject only to any applicable cure period. Any such termination by the Town shall in no event be constituted or be deemed to be a breach of the Contract and no liability will be incurred by or arise against the Town, its agents, and employees for such termination for lost profits or any other damages.

Extension of Bids It is the intent of this RFB that all political subdivisions, and districts located in the State of New York, be entitled to make purchases of materials, equipment supplies, and/or services from the resulting award.

No officer, board or agency of a county, town, village, or school district shall make any purchase in reliance on the Bid when bids have been received for such purchase by such officer, board, or agency, unless such purchase may be made upon the same terms, conditions, and specifications at a lower price under the Bid.

All purchases shall be subject to audit and inspection by the other political subdivisions for which the purchase was made.

All orders will be placed by the participating entities. Each participating entity shall be billed by and make payment directly to the Successful Bidder.

Upon request, participating entities must furnish the Successful Bidder with the proper tax exemption certificates or documentation of tax-exempt status. (Purchase orders should have this information and be retained for documenting the tax-exempt sale.)

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04 BID-D 2025 Alum Culvert etc HWY DB259.docx Last Updated:2/7/2025 3:42 PM

The sole responsibility regarding performance of the Bid, or any obligation, covenant, condition, or term thereunder by the Successful Bidder and the participating entities will be borne and is expressly assumed by the Successful Bidder and the participating entities and not by the Town. In the event of a failure or breach in performance by a participating entity or the Successful Bidder, the Town specifically and expressly disclaims any and all liability for such defective performance or breach, or failure of either party to perform in accordance with its obligations, covenants, and the terms and conditions of this Bid.

Page 13 Alum, Culvert, Arch & PVC Pipe DB259 Opening: 03/12/25 11:00 AM Bid Form

TO BE SUBMITTED

SUBMISSION DOCUMENTS

Bid Form

Project ID: RFB Alum, Culvert, Arch & PVC Pipe HWY 2025 DB259

Submit Bid to: Office of Purchasing General Services Department Town of Colonie 534 New Loudon Road Latham, NY 12110

Acceptance of Instructions to Bidders: Bidder accepts all the terms and conditions of the NTB and Bid Information and Instructions, including without limitation those dealing with the disposition of bid security, if any. At the Town’s discretion, this Bid must remain open for up to 45 days after the opening date. Bidder will sign the Contract and submit the defined contract security, if required, and other documents required by the Contract within fifteen days after the date of Town’s Notice of Award.

Acceptance of Addenda: by submitting this bid, Bidder represents that:

Bidder has examined copies of this RFB and of the following addenda (if addenda have been issued, note each addendum’s number and issue date):

Addendum Number Issue Date

Bidder has full knowledge of the site(s) to where deliveries are to be made and/or where the work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations) and the conditions affecting its cost, progress, or performance, and has made such independent investigations as Bidder deems prudent;

This Bid is genuine and not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other

Page 14 Alum, Culvert, Arch & PVC Pipe DB259 Opening: 03/12/25 11:00 AM

Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the Town.

Commitment to Complete Work/Supply Goods: Bidder will provide the services, complete the work, and/or supply the goods contemplated by this RFB for the price(s) specified in the Bid Response Sheet.

Pages To Be Completed and Submitted: the following documents are attached to and made a condition of this bid:

these Bid Form pages, the separately posted Bid Response Sheet, the Non-Collusive Bidding Certification, the Iranian Energy Sector Divestment Certification, the Vendor Responsibility Questionnaire, and the Acknowledgment by Bidder.

Communications to Bidder: communications from the Town to the Bidder concerning this solicitation shall be addressed to:

Contact Name: ____________________________________________________

Contact Address: ____________________________________________________

Phone: ________________________________

Email: ________________________________

Bid Response Sheet Instructions: Bidders must utilize the separately uploaded Bid Response Sheet. While Bidders may utilize either the Excel-formatted version of the Bid Response Sheet or the PDF-formatted version, the Town strongly encourages Bidders to use Microsoft Excel software to complete the Excel-formatted version of the Bid Response Sheet. The Excel-formatted version is entitled: A. Bid Response Sheet – Excel Formatted. The PDF-formatted version is entitled: B. Bid Response Sheet – PDF Formatted.

A Bid submitted on other than the Town’s supplied Bid Response Sheet will be rejected as void. Similarly, a Bid submitted without a Grand Total Amount Bid for the Item Group or without a bid on all items within an item group (including zero-estimated-quantity items) may be rejected as void with respect to the item or item group at issue.

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The Town intends to make separate awards for each item group. The quantities listed in the Bid Response Sheet are estimates of the Town’s likely annual purchases, the Town reserves the right to purchase more or fewer items.

To complete the Bid Response Sheet:

If you are working with the Excel-formatted version of the Bid Response Sheet:

Item Group 1102: Aluminized Culvert Pipe:

Enter a dollar amount in each orange-shaded cell in column G’s Unit Price. After you have entered a dollar amount in each cell of column G, both:

o the related blue-shaded cells in column H’s Extended Price will automatically calculate and o the Grand Total for Item Group 1102 will automatically calculate.

Item Group 1103: Polymer Coated Culvert Pipe:

Enter a dollar amount in each orange-shaded cell in column G’s Unit Price. After you have entered a dollar amount in each cell of column G, both:

o the related blue-shaded cells in column H’s Extended Price will automatically calculate and o the Grand Total for Item Group 1103 will automatically calculate.

Item Group 1105: Aluminized Arch Pipe:

Enter a dollar amount in each orange-shaded cell in column G’s Unit Price. After you have entered a dollar amount in each cell of column G, both:

o the related blue-shaded cells in column H’s Extended Price will automatically calculate and o the Grand Total for Item Group 1105 will automatically calculate.

Item Group 1106: Polymer Coated Arch Pipe:

Enter a dollar amount in each orange-shaded cell in column G’s Unit Price. After you have entered a dollar amount in each cell of column G, both:

o the related blue-shaded cells in column H’s Extended Price will automatically calculate and o the Grand Total for Item Group 1106 will automatically calculate.

Item Group 1107: PVC SDR-35 Polyvinyl Chloride Pipe & Fittings, PVC SDR-26 Polyvinyl Chloride Pipe & Fittings, PVC SDR-21 Polyvinyl Chloride Pipe & Fittings, and PVC C900 & C905 Polyvinyl Chloride Pipe & Fittings:

Enter a dollar amount in each orange-shaded cell in column F’s Unit Price. After you have entered a dollar amount in each cell of column F, both:

o the related blue-shaded cells in column G’s Extended Price will automatically calculate and o the Grand Total for Item Group 1107 will automatically calculate Item Group 1108: PVC - Schedule 80,40 and SDR 21 Polyvinyl:

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Enter a dollar amount in each orange-shaded cell in column F’s Unit Price. After you have entered a dollar amount in each cell of column F, both:

o the related blue-shaded cells in column G’s Extended Price will automatically calculate and o the Grand Total for Item Group 1108 will automatically calculate Item Group 1109: Dimple Band Fittings with Nuts & Bolts for Corrugated:

Enter a dollar amount in each orange-shaded cell in column G’s Unit Price. After you have entered a dollar amount in each cell of column G, both:

o the related blue-shaded cells in column H’s Extended Price will automatically calculate and o the Grand Total for Item Group 1109 will automatically calculate Item Group 1110: Special Order Items for Corrugated & Arch Metal Pipe & Additional % off Items:

Enter your percent off catalog price and on-line price in the appropriate cells.

Sign, date, and submit your completed Bid Response Sheet.

If you are working with the PDF-formatted version of the Bid Response Sheet:

Item Group 1102: Aluminized Culvert Pipe:

Enter a dollar amount in each orange-shaded cell in column G’s Unit Price. After you have entered a dollar amount in each cell of column G:

o In each row, multiply column G by column E to calculate the product and enter this amount in column H’s Extended Price.

o Calculate the sum of column H’s Extended Price totals and enter that as the Grand Total for Item Group 1102.

Item Group 1103: Polymer Coated Culvert Pipe:

Enter a dollar amount in each orange-shaded cell in column G’s Unit Price. After you have entered a dollar amount in each cell of column G:

o In each row, multiply column G by column E to calculate the product and enter this amount in column H’s Extended Price.

o Calculate the sum of column H’s Extended Price totals and enter that as the Grand Total for Item Group 1103.

Item Group 1105: Aluminized Arch Pipe:

Enter a dollar amount in each orange-shaded cell in column G’s Unit Price. After you have entered a dollar amount in each cell of column G:

o In each row, multiply column G by column E to calculate the product and enter this amount in column H’s Extended Price.

o Calculate the sum of column H’s Extended Price totals and enter that as the Grand Total for Item Group 1105.

Item Group 1106: Polymer Coated Arch Pipe:

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Enter a dollar amount in each orange-shaded cell in column G’s Unit Price. After you have entered a dollar amount in each cell of column G:

o In each row, multiply column G by column E to calculate the product and enter this amount in column H’s Extended Price.

o Calculate the sum of column H’s Extended Price totals and enter that as the Grand Total for Item Group 1106.

Item Group 1107: PVC SDR-35 Polyvinyl Chloride Pipe & Fittings, PVC SDR-26 Polyvinyl Chloride Pipe & Fittings, PVC SDR-21 Polyvinyl Chloride Pipe & Fittings, and PVC C900 & C905 Polyvinyl Chloride Pipe & Fittings:

Enter a dollar amount in each orange-shaded cell in column F’s Unit Price. After you have entered a dollar amount in each cell of column F:

o In each row, multiply column F by column D to calculate the product and enter this amount in column G’s Extended Price.

o Calculate the sum of column G’s Extended Price totals and enter that as the Grand Total for Item Group 1107.

Item Group 1108: PVC - Schedule 80,40 and SDR 21 Polyvinyl:

Enter a dollar amount in each orange-shaded cell in column F’s Unit Price. After you have entered a dollar amount in each cell of column F:

o In each row, multiply column F by column D to calculate the product and enter this amount in column G’s Extended Price.

o Calculate the sum of column G’s Extended Price totals and enter that as the Grand Total for Item Group 1108.

Item Group 1109: Dimple Band Fittings with Nuts & Bolts for Corrugated:

Enter a dollar amount in each orange-shaded cell in column G’s Unit Price. After you have entered a dollar amount in each cell of column G:

o In each row, multiply column G by column E to calculate the product and enter this amount in column H’s Extended Price.

o Calculate the sum of column H’s Extended Price totals and enter that as the Grand Total for Item Group 1109.

Item Group 1110: Special Order Items for Corrugated & Arch Metal Pipe & Additional % off Items:

Enter your percent off catalog price and on-line price in the appropriate cells.

Sign, date, and submit your completed Bid Response Sheet.

If you have any questions about how to complete the Bid Response Sheet, please call the Office of Purchasing at 518-783-2726.

You must submit a paper version of the entire Bid Response Sheet as part of your bid.

Additional Submittal Requirements: additional submittal requirements are listed in the Specifications section below. These requirements may address matters such as:

required drawings and specifications that must be included with submitted bids, the

Page 18 Alum, Culvert, Arch & PVC Pipe DB259 Opening: 03/12/25 11:00 AM number of days the Successful Bidder will have to fulfill Town purchase orders, notice requirements for deliveries, days and time periods during which work must be performed and/or deliveries must be made, and details regarding to where deliveries must be made and/or work performed.

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Non-Collusive Bidding Certification

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; 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.

I hereby affirm under the penalties of perjury that the foregoing statement is true.

Bidding Entity’s Name

Signature

Print/Type Signer’s Name

Date Title

Page 20 Alum, Culvert, Arch & PVC Pipe DB259 Opening: 03/12/25 11:00 AM Iranian Energy Sector Divestment

Iranian Energy Sector Divestment Certification Pursuant to Section 103-g

Of the New York State General Municipal Law

A. By submission of this bid, each bidder/proposer and each person signing on behalf of any bidder/proposer 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 its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the New York State Finance Law.

B. A bid shall not be considered for award, nor shall any award be made where the condition set forth in Paragraph A above has not been complied with; provided, however, that in any case where the bidder/proposer cannot make the foregoing certification set forth in Paragraph A above, the bidder/proposer shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. Where Paragraph A above cannot be complied with, the Purchasing Unit to the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, may award a bid, on a case-by-case business under the following circumstances:

1. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The political subdivision makes a determination that the goods or services are necessary for the political subdivision to perform its functions and that, absent such an exemption, the political subdivision would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.

Bidding Entity’s Name

Signature

Print/Type Signer’s Name

Date Title

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