04 BID-D 2025 Street Light Maintenance JB299.pdf

TOWN OF COLONIE

The Department of Public Works, Division of Highway

ITB Town of Colonie 2025 Street Light Maintenance

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 physical 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: 9/24/2025 10:00 AM

Office of Purchasing General Services Department

Town of Colonie Memorial Town Hall

534 New Loudon Road Latham, NY 12110

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ITB Town of Colonie 2025 Street Light Maintenance

Contents

BID INFORMATION AND INSTRUCTIONS

Project Identification, Submission Deadline, and Project Duration and Bonding Defined Terms Intent of Solicitation Solicitation Distribution Qualification of Bidder Examination of Bidding Documents and Site Visit Addenda and Interpretations Bid Security Contract Time Discussed Liquidated Damages Subcontractors, Etc Bid Form Discussed Bid Proposal Discussed Copies of Solicitation Documents 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 Delivery Dates Payment Standard Title VI/Non-Discrimination Signing of Contract Sales Taxes Laws and Regulations Minimum Wages, Fringe Benefits and Non-Discrimination in Employment Non-Collusive Bidding and Iranian Energy Sector Divestment Certificates Discussed Escalation of Cost Insurance Requirements When Services Provided

SUBMISSION DOCUMENTS

Bid Form Bid Proposal Bid Bond Offer Of Surety Non-Collusive Bidding Certification Iranian Energy Sector Divestment Vendor Responsibility and Bidder’s Qualification Questionnaires Acknowledgement Of Bidder

SAMPLE CONTRACT FORM

ARTICLE I – CONTRACT DOCUMENTS

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ARTICLE II - WORK

ARTICLE III - CONTRACT TIME

ARTICLE IV - CONTRACT PRICE

ARTICLE V - PAYMENT PROCEDURES

ARTICLE VI - OWNER'S OBLIGATIONS

ARTICLE VII - CONTRACTOR'S OBLIGATIONS

ARTICLE VIII - ASSIGNMENT

ARTICLE IX - WORK AND PRODUCTION SCHEDULE

ARTICLE X - SUPERVISION AND INSPECTION

ARTICLE XI - DELAYS

ARTICLE XII - CONTRACTOR'S WARRANTIES

ARTICLE XIII - TERMINATION

ARTICLE XIV - INSURANCE AND SECURITY PROVISIONS

ARTICLE XV - INDEMNIFICATION

ARTICLE XVI - INDEPENDENT CONTRACTOR

ARTICLE XVII - AMENDMENTS

ARTICLE XVIII – WORKERS’ COMPENSATION

ARTICLE XIX - PROPERTY DAMAGE

ARTICLE XX – APPRENTICESHIP PROGRAM

ARTICLE XXI - MISCELLANEOUS PROVISIONS

SPECIFICATIONS

SCHEDULE A - Provisions Required by Law

Provision Required by Law Deemed Inserted Funds Received by Contractor Constitute Trust Funds Foreign Contractors Payment By Owner to Contractor Workers’ Compensation Non-Discrimination In Employment Subsurface Structures and All Utilities Exemption From Sales and Local Taxes Prevailing Wage Rates and Supplements

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BID INFORMATION AND INSTRUCTIONS

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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: ITB Town of Colonie 2025 Street Light Maintenance

Project Common Name: 2025 Street Light Maintenance

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

Submission Deadline: 09/24/2025 at 10.00 AM (local time)

PRC #: 2025010188

Award Basis: Grand Total Amount Bid

Initial Contract End : 09/30/2026

Renewal Options: 2027, 2028, and 2029

Bid Bond or Certified Check: 5%

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:

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 Proposal:

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

NTB:

the separately published Notice to Bidders for this matter.

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

ITB: this request for bid document.

Specifications:

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

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 ITB, the Town is requesting bids from qualified, responsive, and responsible bidders to provide on-call services for street lighting repair, and maintenance contractors to provide field maintenance services for the Town’s street lighting system and to provide preventative maintenance inspections and repairs on the Town’s street lights. The project scope encompasses on-call streetlight maintenance and repair activities for approximately 3,541 cobra head LED fixtures, 450 decorative streetlights, and approximately 459 light poles.

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

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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 qualification to do business in New York State or a covenant to obtain such qualification prior to award of the Contract.

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 ITB.

Examination of Bidding Documents and Site Visit

Before submitting its Bid, each Bidder: (a) must examine the bidding documents thoroughly, (b) should visit the work site(s), if it desires, and (c) 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.

Upon the request of a potential Bidder, the Town, in its discretion, will provide access to the site(s) to conduct such investigations and tests as the Bidder requests. Details regarding such access, when appropriate, are discussed in the Specifications.

The lands upon which the work is to be performed, rights-of-way for access thereto, and other lands designated for use by the Bidder in performing the work are identified in the Specifications.

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 ITB 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 ITB 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 ITB. Each such addendum will be distributed via either U.S.

Mail or by e-mail to known prospective Bidder (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 ITB 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

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All issued addenda shall become part of the ITB 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.

Bid Security

Each bid must be accompanied by a certified check or a bid bond (on form attached) issued by a surety in the amount of 5% of the bid total. Such certified check or bid bond shall be made payable to "Town of Colonie". If any other bonds are required by this ITB, a bidder furnishing a certified check as bid surety must include with its check a letter from a bonding company indicating the bonding company’s intent to act as surety and furnish the required bonds.

The Town will retain the bid security of the Successful Bidder until such bidder has executed its Contract with the Town and furnished all required Contract Security. If the Successful Bidder fails to execute and deliver the required Contract and furnish the required Contract security within 15 business days of the Notice of Award, Town may annul the Notice of Award and the bid security of that bidder will be forfeited. The Town may retain the bid security of any bidder whom the Town believes to have a reasonable chance of receiving the award until the earlier of (a) seven business days after the effective date of the Contract between the Town and the Successful Bidder or (b) the furnishing of the Contract security or (c) 46 business days after the bid opening. The bid securities of other bidders will be returned within seven business days of the bid opening.

Contract Time Discussed

The number of days within which, or the date by which, the work is to be undertaken/completed will be set forth in the Contract that the Successful Bidder will enter with the Town, see the sample contract included below. It is intended that the initial term of the contract between the Town and the Successful Bidder will commence on or about October 1, 2025 and terminate on or about September 30, 2026. For subsequent years 2027, 2028, and 2029, the Contract may be renewed for each additional one-year period at the same pricing and by mutual consent of the parties. All communications regarding such renewals shall be in writing.

Liquidated Damages

Provisions for liquidated damages, if any, will be set forth in the Contract.

The Contract, if awarded, will be based on material and equipment described without consideration of possible substitutes or “or equal” items. Whenever it is indicated that a substitute or "or-equal" item of material or equipment may be furnished or used by the Bidder if acceptable to Town, application for such acceptance will not be considered by

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Subcontractors, Etc.

A subcontractor listing is not required to be included with your Bid. Such a listing will also not be required for the Contract.

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.

Bid Proposal Discussed

The to-be-completed-and-submitted Bid Proposal form is part of this document.

The Bid Proposal form should be completed in ink, by typewriter or similar.

The Grand Total Amount Bid should be stated in numerals and in words. In case of a conflict between the two, words will take precedence.

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.

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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.

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 physical 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:

Fail to comply with any pre-qualification regulations of the Town, if such regulations are cited or otherwise referenced as a requirement for bidding;

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 to be awarded based on the Grand Total Amount Bid, the Town reserves the right to eliminate one or more items from the calculation of the Grand Total Amount Bid when one or more Bidders have indicated that the manufacturer of the item is no longer producing it or that the item is otherwise unavailable, and after investigation, the Town concludes that this is likely the case.

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.

For solicitations where the Town has estimated its purchase quantity for an item to be zero, the Town reserves the right to determine the low bid for the item, item group, and/or grand total without including the amount bid for the zero-quantity item in the calculation thereof.

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 Proposal as issued is altered, or, if any part of the Bid Form and/or Bid Proposal 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.

A Bidder’s Bid will be rejected, if the Town required that the Bidder attend one or more pre-bid meetings and/or site tours and the Bidder failed to do so.

When evaluating Bids, the Town shall consider the qualifications of the Bidders, whether the Bids comply with the prescribed requirements, and include alternates and unit prices, if requested in the Bid document. It is the Town's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid Proposal, nonetheless the Town reserves the right to accept them in any order or combination.

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When evaluating Bids, the Town may consider operating costs, maintenance considerations, performance data, and guarantees on materials and equipment.

When evaluating Bids, the Town may consider the Bidder imposed minimum order and delivery requirements, the reasonableness of a Bidder‘s proposed delivery time, and the reasonableness of the period before a Bidder will be able to complete the required services.

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 ITB 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 corrupt conduct including whether there are pending criminal investigations of or indictments against the Bidder; the Bidder’s lack of candor, misrepresentations, concealments, or failure to disclose information necessary for the determination or responsibility; and the Bidder’s willful violations of the prevailing wage provisions of N.Y. Labor Law. The Town reserves the right to reject the bid of any Bidder who does not pass any such evaluation to the Town's satisfaction.

A Bid may be rejected from a Bidders who has (a) previously failed to complete a contract with the Town within the time required or (b) previously performed work for the Town in an unsatisfactory manner.

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.

A Bid may be rejected if the Bidder is already obligated to perform other work which would delay the commencement, prosecution, or completion of the work detailed in this ITB.

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 Bidders, then

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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 moneys, theretofore earned under such contract, except so must as may be required to pay its employees.

Non-Appropriation Clause

Notwithstanding anything contained in this ITB 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 ITB. 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.

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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 payment of any goods and/or materials provided under this Bid unless a valid purchase order has been issued to the vendor.

Delivery Dates

For all Bids and purchase orders with a specified delivery date and/or delivery time included, time is of the essence for such deliveries.

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

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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 throughout, they will be deemed to be included in the Contract the same as though herein written out in full.

Minimum Wages, Fringe Benefits and Non-Discrimination in Employment

The minimum wages paid, the fringe benefits provided, and non-discrimination practices of the Successful Bidder and its subcontractors shall comply with the appended Schedule A.

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 ITB.

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

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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 thirty (30) 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 “ITB Town of Colonie 2025 Street Light Maintenance” 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 coverage, independent contractors, and broad form property damage insurance shall be furnished with limits of not less than:

Liability – Bodily Injury, Personal Injury & Property Damage:

combined single limit for each occurrence - $2,000,000 and annual aggregate - $5,000,000.

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

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04 BID-D 2025 Street Light Maintenance JB299.docx Last Updated:8/26/2025 10:06 AM 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.

Page 14 2025 Street Light Maintenance Opening: 09/24/25 10:00 AM Bid Form

TO BE SUBMITTED

SUBMISSION DOCUMENTS

Bid Form

Project ID: ITB Town of Colonie 2025 Street Light Maintenance

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

Agreement to Contract:

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter a Contract with the Town substantially in the form included in the attached sample contract documents to complete all work as specified or indicated in the Contract Form for the Contract Price and within the Contract Time.

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 ITB 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, Page 15 2025 Street Light Maintenance Opening: 09/24/25 10:00 AM 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 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 ITB for the price(s) specified in the Bid Proposal.

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

these Bid Form pages, the Bid Proposal, the Non-Collusive Bidding Certification, the Iranian Energy Sector Divestment Certification, the Vendor Responsibility Questionnaire, the Bidder Qualification Questionnaire, the Acknowledgment by Bidder, and the required bid security in the form of a bid bond (see discussion below Bid

Bond header), or a certified check and a letter from a bonding company indicating its intent to furnish the bonds required under the Contract.

Communications to Bidder: communications from the Town to the Bidder concerning this solicitation and any future contract documents to be executed should be addressed to:

Contact Name: ____________________________________________________

Contact Address: ____________________________________________________

Phone: ________________________________

Email: ________________________________

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

You must submit a paper version of the entire Bid Proposal 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 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.

Page 17 2025 Street Light Maintenance Opening: 09/24/25 10:00 AM Bid Proposal

Bid Proposal

Bid Proposal Completion Instructions:

Enter a dollar value in box A below, then multiply that value by box B’s estimated hours to calculate the value you enter in box C. The value you enter in box C is your Grand Total Amount Bid. Write the Grand Total Amount Bid in words on the lines provided immediately below the chart. Finally, please initial next to the 10% mark-up percentage for replacement parts in the space provided.

Hourly Rate Bid x Estimated

Hours = Grand Total Amount Bid

A x

B

C

Grand Total Amount Bid in words: _____________________________dollars and

_____________ cents.

Mark up percentage for replacement parts utilized: 10% Initials: ________

This Bid is Respectfully Submitted by:

Bidding Entity’s Name

Signed by

Title

Dated

Page 18 2025 Street Light Maintenance Opening: 09/24/25 10:00 AM Bid Bond

(To be submitted, at bidder’s option, in lieu of Bidder’s certified check as guarantee.)

KNOW ALL PERSONS BY THESE PRESENTS, That __________________________ (Name of Contractor) (Address) (hereinafter called the “Principal” and the ____________________________________ (Surety Name) a corporation created and existing under the laws of the State of _________________, having its principal office in the City of _____________________________ (hereinafter called the “Surety”), are held and firmly bound unto the Town of Colonie (hereinafter called the "Town") in the full and just sum of _________________________Dollars ($__________) good and lawful money of the United States of America, for the payment of which said sum of money, well and truly to be made and done, the said Principal binds itself (himself/herself, themselves), its (his/her, their) heirs, executors, administrators, successors or assignees and the said Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents:

Signed, sealed, and dated this _______ day of ______________, 20___ A.D.

Whereas said Principal has submitted to the Town a certain bid or proposal, attached hereto and hereby made a part hereof to enter a Contract for the

____________________________ (hereinafter called the "Project").

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT

(a) If said bid shall be rejected, or

(b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for its faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Contract created of said Bid, or

(c) in the event of failure of the Principal to enter such contract and give such bonds, if the Principal shall pay to the Town the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Town may in good faith contract with another party to perform the work covered by said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the total amount of this obligation as herein stated.

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The Surety, for value received, hereby stipulates, and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Town may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, we have executed this bond the ______ day of ____________ 20__.

PRINCIPAL: ___________________________________(L.S.)

(Printed Name of Principal)

Acknowledgment: ___________________________________(L.S.)

(Corporate Seal of ___________________________________(L.S.)

Principal, if a corporation)

SURETY:

(Printed Name of Surety)

(Corporate Seal of of __________________________________ Principal, if a corporation) By _________________________________ (Title of Officer)

Attest ___________________________________ (Title of Officer)

NOTE: The Surety Company must append statement of its financial condition and a copy of the resolution authorizing the execution of bonds by its officer.

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Acknowledgment by Principal

If an individual or individuals:

State of _________________ County of _________________

On this ______ day of _________________, 20 __, before me personally appeared ________________________________ to me known and known to me to be the same person(s) described in and who executed the within instrument, and he/she (or they severally) acknowledged to me that he/she (or they) executed the same.

Notary Public, State of __________________ Qualified in ___________________________ My Commission Expires _________________

If a corporation:

________________________________ to me known, who, being by me sworn, did say that he/she resides at (give address) _________________________________________________________________; that he/she is the (give title) _________________________ of the (name of corporation) _____________________________________________, the corporation described in and which executed the above instrument; that he/she knows the seal of the corporation, that the seal affixed to the instrument is such corporate seal; that it was so affixed by order of the board of directors of the corporation, and that he/she signed his name thereto by like order.

State of __________________

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Acknowledgment by Surety Company

If an individual or individuals:

County of _________________

On this ______ day of _________________, 20 __, before me personally appeared ________________________________ to me known and known to me to be the same person(s) described in and who executed the within instrument, and he (or they severally) acknowledged to me that he (or they) executed the same.

State of __________________

County of _________________

On this ______ day of _________________, 20 __, before me personally appeared ________________________________ to me known, who, being by me sworn, did say that he resides at (give address) _________________________________________________________________; that he is the (give title) _________________________ of the (name of corporation) _____________________________________________, the corporation described in and which executed the above instrument; that he knows the seal of the corporation, that the seal affixed to the instrument is such corporate seal; that it was so affixed by order of the board of directors of the corporation, and that he signed his name thereto by like order.

State of __________________

Page 22 2025 Street Light Maintenance Opening: 09/24/25 10:00 AM Offer Of Surety

Offer Of Surety

(COMPLETE ONLY WHEN BID ACCOMPANIED BY A CERTIFIED CHECK)

In the event the above Bid is accepted and the undersigned is awarded the contract for the work, the undersigned offers as surety for faithful performance bond, and on bond to protect labor and…