26.10.13 RFB for Snow Removal - Final.pdf

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THE ALBANY COUNTY PINE HILLS LAND AUTHORITY

(“ACPHLA”)

REQUEST FOR BIDS

GENERAL INSTRUCTIONS TO BIDDERS

BID DISTRIBUTION- IMPORTANT NOTICE

The Albany County Pine Hills Land Authority (ACPHLA) officially distributes bidding documents through the New York State Contract Reporter website at www.nyscr.ny.gov. Copies of bidding documents obtained from any other source are not considered official documents. Only those vendors who obtain bidding documents from either the ACPHLA Website (http://www.acphla.org) or the

NYS Contract Reporter Website are guaranteed to receive addendum information, if such information is issued.

SECTION 1: BID IDENTIFICATION

1.1 Title: Snow Removal for St Rose

1.2 Bid Number: RFB2601

SECTION 2: PURPOSE

2.1 The intent of these specifications is to furnish information to responsible bidders for the purpose of obtaining bids for Snow Removal for St Rose as requested by the ACPHLA.

2.2 Minority Business Enterprises (MBE’s) and Women Business Enterprises (WBE’s) are encouraged to apply.

SECTION 3: BIDDING DOCUMENTS

3.1 Complete sets of the Bidding Documents may be obtained or examined as stated in the Notice to Bidders.

3.2 Complete sets of Bidding Documents must be used in preparing bids. The ACPHLA does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

SECTION 4: SUBMISSION OF BIDS

4.1 Bids and any other required documents must be submitted, sealed in an opaque envelope, plainly marked with the name and number of the bid and the name and address of the bidder and accompanied by the required documents. Bids must be received no later than 11:00am

Wednesday November 4, 2026 at the following address:

http://www.acphla.org/

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Dylan Turek, Senior VP of Development

ACPHLA

399 Western Ave.

Albany, NY 12203

4.2 All bids received after the time stated in the “Notice to Bidders”, or the bid submission deadline as modified by formal addendum consistent with Section 14 of this Request for Bids, may not be considered and will be returned to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the ACPHLA. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified.

4.3 The ACPHLA reserves the right to reject any or all bids in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive or conditional bids.

4.4 Any vendor that would like to view the locations can contact Cori Testo at:

(518) 226-7079 ext. 311.

SECTION 5: TERM OF BID

5.1 The bid shall be for the period of one year and shall commence on the date of the fully executed contract. Prices shall remain firm for the entire bid period.

5.2 At the end of the initial one year bid period, upon mutual agreement of ACPHLA and the

Contractor, the agreement may be renewed for two (2) additional years, in two (2) consecutive one-year intervals. Renewal of multiple item bid awards shall be contingent upon renewal of all items; partial renewals shall not be accepted by ACPHLA.

SECTION 6: BID SECURITY

6.1 There will be no bid security requested for this bid.

SECTION 7: QUALIFICATION OF BIDDER

7.1 All bidders shall submit the Bidder Qualification Questionnaire as part of the bid. Each bid must contain evidence of the bidder’s qualification to do business in New York State or covenant to obtain such qualification prior to award.

7.2 All bidders shall submit the Vendor Responsibility Questionnaire (Attachment “C”) as part of the bid.

7.3 In addition, the ACPHLA may make such investigations it deems necessary to determine the ability of the Bidder to perform the work. The bidder shall furnish to the ACPHLA, within five (5) days of a request, all such information and data for this purpose as may be requested.

The ACPHLA reserves the right to reject any bid if the information submitted by, or

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investigation of, a bidder fails to satisfy the ACPHLA that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

Conditional bids will not be accepted.

7.4 All bidders must document five (5) or more years in the business of providing Snow Removal

Services

7.5 Bidder must include at least five snow removal services customer references.

SECTION 8: Section not in use

SECTION 9: DISQUALIFICATION

9.1 ACPHLA reserves the right to refuse to issue Bidding Documents to a prospective bidder should such bidder be in default for any of the following reasons:

(a) Failure to comply with any pre-qualification regulations of ACPHLA, if such regulations are cited, or otherwise included, in the Bidding Documents as a requirement for bidding.

(b) Bidder’s failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time ACPHLA issues the Bidding

Documents to a prospective bidder.

(c) Bidder’s default under previous contracts with the ACPHLA.

(d) Bidder’s unsatisfactory work on previous contracts with ACPHLA.

9.2 Bids received from bidders who have previously failed to complete contracts within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A bid may be rejected if the bidder cannot show that it has the necessary ability, plant and equipment to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or within the time specified. A bid may be rejected if the bidder is already obligated for the performance of other work which would delay the commencement, performance or completion of the work.

9.3 ACPHLA reserves the right to reject any bid if the information submitted by, or investigation of, such bidder fails to satisfy the ACPHLA that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

9.4 Bids will be considered irregular and shall be subject to rejection for the following reasons:

(a) If the bid is on a form other than that furnished by ACPHLA, or, if the ACPHLA’s form is altered, or, if any part of the bidding documents is detached.

(b) If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the bid incomplete, indefinite, or otherwise ambiguous.

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(c) If the bid is not accompanied by the bid security specified by the ACPHLA.

SECTION 10: Section not in use

SECTION 11: NON-COLLUSIVE BIDDING CERTIFICATE

11.1 Pursuant to Public Authority Law §2878, each Bidder must complete the below “NON-

COLLUSION PROPOSAL CERTIFICATE PURSUANT TO NEW YORK STATE PUBLIC

AUTHORITY LAW § 2878” and submitted with the bidder’s response to this RFB. A signed

Non-Collusive Bidding Certificate (Attachment “A”) is required to be submitted with each bid on the form provided by ACPHLA.

SECTION 12: BID FORM

12.1 The Bid Form is attached hereto; additional copies may be obtained from ACPHLA.

12.2 Bids must be made on the Bid Form provided by ACPHLA. The Bid Form must be completed in ink or by typewriter. The Bid Form must also be signed by an authorized representative of the bidder.

12.3 Bids by corporations (or other business entities such as an LLC) must be executed in the corporate name by the president or a vice-president (or other corporate officer and/or authorized representative accompanied by evidence of authority to sign on behalf of the corporation) and the corporate seal must be affixed by the secretary or an assistant secretary.

The corporate address and state of incorporation must be shown below the signature.

12.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature. The official address of the partnership must be shown below the signature.

12.5 All names must be printed or typed below the signature.

12.6 The bid must contain an acknowledgment of receipt of all Addenda (the number of which will be filled in on the Bid Form).

12.7 The address to which communications regarding the bid are to be directed must be included on the Bid Form.

SECTION 13: EQUIVALENT GOODS

13.1 Manufacturers’ name brands are listed to indicate minimum requirements and bidding may be on brands listed (if specified), or equivalent. Specifications shall be furnished by bidder to support equivalency; however the determination of equivalency or not shall be made in the sole discretion of ACPHLA. In the event of any claim by any unsuccessful bidder concerning

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or relating to the issue of “equal or better” or “or equal”, the successful bidder agrees, that his own cost and expense, to defend such claim or claims and agrees to hold the ACPHLA free and harmless from any and all claims for loss or damage arising out of this transaction for any reasons.

SECTION 14: SPECIFICATION CLARIFICATION

14.1 All inquiries with respect to this Request for Bids must be directed only to the ACPHLA designated contact as follows:

Dylan Turek, Senior VP of Development

ACPHLA

399 Western Ave.

Albany, NY 12203

Telephone: (518) 226-7079 ext. 309

Email: dturek@acphla.org

14.2 All questions about the meaning or intent of the specifications must be submitted to the aforementioned designated person in writing. Replies will be issued by Addenda via email to all parties recorded as having received the bidding documents and added to the ACPHLA website and the NYS Contract Reporter postings. Questions received less than five (5) business days prior to the date of submission of bids will not be answered. The ACPHLA will be bound only by responses provided by ACPHLA via formal written Addenda.

SECTION 15: BID EVALUATION

15.1 Bids shall remain valid until:

(a) the execution of a contract by the ACPHLA; or

(b) the award of a purchase order by the ACPHLA; or

(c) as otherwise rejected by the ACPHLA.

15.2 Bids received will be evaluated by the ACPHLA and will be based, as a minimum, upon the following criteria:

(a) Lowest total bid cost and projected timetable for completion of services and/or delivery of goods described herein;

(b) Completeness of the bid; and

(c) Bidder's demonstrated capabilities and professional qualifications.

mailto:dturek@acphla.org

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15.3 The ACPHLA reserves the right to award this contract on a per item or aggregate basis, whichever is most beneficial to ACPHLA. Bidders need not submit bids for all items listed to be eligible for an award of this contract.

SECTION 16: MODIFICATION AND WITHDRAWAL OF BIDS

16.1 Bids may be modified or withdrawn at any time prior to the opening of bids 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.

16.2 If, prior to awarding of the contract or within three days after opening, whichever period is shorter, any bidder files a duly signed written notice with the ACPHLA and promptly thereafter demonstrates to the reasonable satisfaction of the ACPHLA that there was a material and substantial mistake in the preparation of its bid, that bidder may withdraw its bid and the bid security will be returned.

SECTION 17: AWARD OF BID

17.1 After the award has been approved by the ACPHLA Board of Directors, the successful bidder will be issued a Notice of Award. A notice of contract award shall not be binding upon the

ACPHLA until a written contract has been fully executed by both parties.

The following documents shall be incorporated into the written contract, to the extent deemed appropriate in the sole discretion of the ACPHLA, between the ACPHLA and the apparent successful Bidder: the successful Bidder’s bid, this Request For Bids and any written Addenda issued by the ACPHLA in response to inquiries of prospective bidders as set forth in Section

14.2 hereof.

17.2 No successful bidder to whom a contract or purchase order is let, granted or awarded, shall assign, transfer, convey, sublet, or otherwise dispose of same, or of its right, title, and interest herein, including the performance of the contract or purchase order or the right to receive monies due or to become due, or of its power to execute the contract or purchase order without the prior written consent of the ACPHLA. In the event the contractor shall without prior written consent assign, transfer, convey, sublet or otherwise dispose of the contract or purchase order or of its right, title and interest therein, including the performance of this contract or purchase order, or the right to receive monies due or to become due, or its power to execute such contract or purchase order to any other person or corporations, or upon receipt by the ACPHLA of an attachment against the Successful Bidder, ACPHLA shall be relieved and discharged from any and all liability and obligation growing out of such contract or purchase order to such contractor, and the person or corporation to which such contract or purchase order shall have been assigned, its assignees, transferees or sub lessees shall forfeit and lose all monies theretofore assigned under the contract or purchase order, except so much as may be required to pay its employees.

SECTION 18: PERFORMANCE BOND

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18.1 No Performance bond is requested for this bid.

SECTION 19: INSURANCE REQUIREMENTS

19.1 Prior to commencing the Project or Work, Contractor shall procure, and thereafter maintain, at its own expense, until final acceptance of the Project or Work or later as required by the terms of this Agreement, insurance coverage required by this Agreement. At a minimum, the types of insurance and minimum policy limits specified shall be maintained in a form and from insurers acceptable to Authority as set forth below. All insurers shall have at least an A-

(excellent) rating by A.M. Best and be qualified to do business and issue the requisite line of insurance in the state where the Project is located and the Work is being performed.

This insurance will provide a defense and indemnity to the Authority, but only to the extent attributable to the negligence of the Contractor or any entity for which it is legally responsible or vicariously liable.

Proof of this insurance shall be provided to the Authority before the Project or Work commences, as set forth below. To the extent that the Contractor subcontracts with any other entity or individual to perform all or part of the Contractor's Work (each such entity, a

“Subcontractor”), the Contractor shall require any and all such Subcontractors, prior to the commencement of any portion of the Project or Work, to furnish evidence of equivalent insurance coverage that includes in all respects the same terms and conditions as set forth herein. In no event shall the failure to provide this proof, prior to the commencement of the

Project or Work, be deemed a waiver by the Authority of Contractor's or the Subcontractor's insurance obligations set forth herein.

In the event that the insurance company(ies) issuing the policy(ies) required by this

Agreement deny coverage to the ACPHLA, the Contractor and/or Subcontractor will, upon demand by the Authority, defend and indemnify the ACPHLA at the Contractor's or

Subcontractor’s expense.

Commercial General Liability Insurance

$1,000,000 Each Occurrence Limit (Bodily Injury and Property Damage) $2,000,000 General

Aggregate per Project

$2,000,000 Products & Completed Operations Aggregate

$1,000,000 Personal and Advertising Injury Limit

Business or Commercial Automobile Liability Insurance

$1,000,000 Combined Single Limit per accident

Workers' Compensation and Employers' Liability Insurance

$500,000 Each Accident; $500,000 Each Employee for Injury by Disease; $500,000

Aggregate for Injury by Disease

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Excess or Umbrella Liability (to overlay Employer’s Liability, Automobile Liability and

Commercial General Liability coverage)

$1,000,000 Occurrence /aggregate

The ACPHLA, along with its respective directors, officers, agents and employees, shall be named as additional insureds on the Business or Commercial Automobile Liability Policy and for Ongoing Operations and Products/Completed Operations on the Contractor's and any

Subcontractor's Commercial General Liability Policy and Excess or Umbrella Policy. The

Contractor shall continue to carry Completed Operations Liability Insurance for at least three

(3) years after either ninety (90) days following Substantial Completion of Project or the Work or final payment to the Authority on any individual Project, whichever is later.

It is expressly understood by the parties to this Agreement that it is the intent of the parties that any insurance obtained by the ACPHLA shall be deemed excess, non-contributory and not co-primary in relation to the coverage(s) procured by the Contractor, or any of their respective consultants, officers, agents, Subcontractors, employees or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of the aforementioned may be liable by operation of statute, government regulation or applicable case law.

To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause shall be added to the General Liability, Automobile, Excess or Umbrella Liability and Workers

Compensation policies in favor of ACPHLA, and this clause shall apply to the ACPHLA's officers, agents and employees, with respect to all Projects and Work during the policy term.

Prior to commencement of any Project or Work, Contractor shall submit a Certificate of

Insurance in favor of ACPHLA and an Additional Insured Endorsement (in a form acceptable to the ACPHLA) as required hereunder. The required Insurance policies and Certificate shall provide for thirty (30) days' advance notice to ACPHLA of the cancellation or any change in coverage. Copies of insurance policies shall promptly be made available to the ACPHLA upon request.

19.2 Each policy of insurance required shall be of form and content satisfactory to ACPHLA.

(a) The insurance policies shall name the “Albany County Pine Hills Land Authority” and

“Albany County” as certificate holders and primary/non-contributory additional insured on all liability policies. The bid number must appear on policy.

(b) The policy shall not be changed or canceled until the expiration of thirty (30) days after written notice to the ACPHLA. It shall be automatically renewed upon expiration and continued in force unless the ACPHLA is given at least thirty (30) days written notice to the contrary.

19.3 No work shall be commenced under the contract or purchase order until the successful Bidder has delivered to the ACPHLA or its designee proof of issuance of all policies of insurance required by the contract to be procured by the successful Bidder. If at any time, any of said policies shall expire or become unsatisfactory to the ACPHLA, the successful Bidder shall

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promptly obtain a new policy and submit proof of insurance of the same to the ACPHLA for approval. Upon failure of the successful Bidder to furnish, deliver and maintain such insurance as above provided, the contract or purchase order may, at the election of the

ACPHLA, be forthwith declared suspended, discontinued or terminated. Failure of the successful Bidder to procure and maintain any required insurance shall not relieve the successful Bidder from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the successful Bidder concerning indemnification.

SECTION 20: INDEMNIFICATION

20.1 Contractor hereby assumes the entire responsibility and liability for the Project, all Work, supervision, labor and materials provided, whether or not erected in place, and for all plant, scaffolding, tools, equipment, supplies and other things provided by Contractor until final acceptance of the entirety of the Project or Work by ACPHLA. In the event of any loss, damage or destruction thereof from any cause, Contractor shall be liable therefor, and shall repair, rebuild and make good said loss, damage or destruction at Contractor's cost, subject only to the extent that any net proceeds are payable under any builder's risk property insurance that may be maintained by ACPHLA, if any.

To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the ACPHLA and its respective officers, directors, employees and agents

(“Indemnified Parties”) from and against all claims, damages, demands, losses, expenses, fines, causes of action, suits or other liabilities, (including all costs reasonable attorneys' fees, consequential damages, and punitive damages), arising out of or resulting from, or alleged to arise out of or arise from, the Project or the performance of Work, whether such claim, damage, demand, loss or expense is attributable to bodily injury, personal injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom; but only to the extent attributable to the negligence of the Contractor or any entity for which it is legally responsible or vicariously liable: regardless of whether the claim is presented by the Contractor’s employee, his/her spouse, legal or domestic partner under applicable state law and/or dependents of the Contractor’s employee. Such indemnity obligation shall not be in derogation or limitation of any other obligation or liability of the

Contractor or the rights of the Authority contained in this Agreement or otherwise. This indemnification 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 Contractor under any workers' compensation acts, disability benefits acts or other employee benefits acts and includes any loss or injury suffered by an employee of the Contractor or any others who claim to have directly or derivatively sustained injury or damages due to the injury sustained by the

Contractor’s employee. This indemnification shall be in addition to any indemnity liability imposed by the Contract Documents, and shall survive the completion of the Project or Work or the termination of this Agreement.

SECTION 21: REMEDY FOR BREACH

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21.1 In the event of a breach by CONTRACTOR, CONTRACTOR shall pay to ACPHLA all direct and consequential damages caused by such breach, including, but not limited to, all sums expended by the ACPHLA to procure a substitute contractor to satisfactorily complete the contract work, together with the ACPHLA’s own costs incurred in procuring a substitute contractor.

SECTION 22: DELIVERY AND PAYMENT

22.1 All bid prices shall include freight and shall be quoted F.O.B. destination.

22.2 Prior to payment, the items furnished and or work performed will be inspected by the

ACPHLA or its designee to determine their conformity to specification. No payment will be made for items or work not meeting specification.

22.3 Payment will be made upon the submission of a completed Claim Form.

22.4 THE ACPHLA IS NOT SUBJECT TO FEDERAL, STATE OR LOCAL TAXES.

SECTION 23: CASH DISCOUNT

23.1 Cash discounts may be offered by a bidder for prompt payment of bills, but such cash discounts will not be taken into consideration in determining the low bidder.

23.2 For purposes of any applicable cash discount, the payment date shall be calculated from the receipt of invoice or final acceptance of the goods, whichever is later.

SECTION 24: Section not in use.

SECTION 25: Section not in use

SECTION 26: Section not in use

SECTION 27: Section not in use

SECTION 28: Section not in use

SECTION 29: ANTI DISCRIMINATION CLAUSE

29.1 In accordance with Article 15 of N.Y. EXECUTIVE LAW (also known as the Human Rights

Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor agrees that neither it nor any of its County-approved subcontractors shall, by reason of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence, refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.

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SECTION 30: Section not in use

SECTION 31: INTERPRETATION

31.1 In the event of any discrepancy, disagreement or ambiguity among the documents which comprise this RFB, and/or, the Agreement (between the ACPHLA and the successful bidder/proposer) and its incorporated documents, the documents shall be given preference in the following order to interpret and to resolve such discrepancy, disagreement or ambiguity:

1) the Agreement; 2) the RFB; 3) the Contractor’s bid.

SECTION 32: NON APPROPRIATIONS CLAUSE

32.1 Notwithstanding anything contained herein to the contrary, no default shall be deemed to occur in the event no funds or insufficient funds are appropriated and budgeted by or are otherwise unavailable to the ACPHLA for payment under this Agreement. The ACPHLA will immediately notify the Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the ACPHLA of any kind whatsoever, except as to those portions herein agreed upon for which funds shall have been appropriated and budgeted.

SECTION 33: Not in use.

SECTION 34: STORMWATER MANAGEMENT PROGRAM

34.1 Bidder understands that Albany County is a regulated entity subject to the SPDES General

Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (GP-0-25-

001), and must comply with the terms and conditions of the aforementioned Permit. Bidder further understands that under the New York State Environmental Conservation Law, it is unlawful for any person to directly or indirectly cause or contribute to a violation of water quality standards, and that Albany County adopted Local Law 7 of 2007 enabling Albany

County to take action against any discharges that cause or contribute to a violation of water quality standards. Bidder agrees to comply with the terms and conditions of the SPDES

General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems

(GP-0-25-001) as well as Albany County Local Law No. 7 for 2007 and any Best Management

Practices developed pursuant to the foregoing, as established in Albany County’s Stormwater

Management Program Plan. Bidder also agrees to implement any corrective actions identified by Albany County or a representative pursuant to the above regulations, and further understands that any non-compliance by the ACPHLA will not diminish, eliminate, or lessen

Bidder’s own liability. Awarded bidder shall execute and deliver to the ACPHLA a certification statement acknowledging the above provisions prior to commencing any work (see Sheet MS4-1/Attachment “E”).

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SECTION 35:

Bidder Responsibility. Pursuant to State Finance Law §§139-j and 139-k, this request for proposals or bids (“RFP”) includes and imposes certain restrictions on communication between the ACPHLA and an Offeror/bidder (e.g. a respondent to this RFP) during the procurement process. An Offeror/bidder is restricted from making contacts from the earliest notice of intent to solicit offers (in this instance, the release of this RFP) through final award and approval of the resultant contract by the ACPHLA (“restricted period”) to other than designated individuals unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a). Only written email inquiries are allowed. The designated individual for this RFP is Dylan Turek, Senior VP of Development of the

ACPHLA (with a copy to ACPHLA’s consultant) as specified in Section 14 of this RFP.

ACPHLA employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offeror/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a 4 year period, the Offeror/bidder is debarred from obtaining governmental Procurement Contracts. Additionally, the above law requires certain affirmations to be provided to the ACPHLA by Offerors/bidders and that certain provisions be contained within any contract/award resulting from this RFP.

Specifically, the following forms/information is provided:

1. The ACPHLA must obtain from all Offerors/bidders the required affirmation (“Compliance with NYS Finance Law §139-j”) of understanding and agreement to comply with procedures on procurement lobbying restrictions regarding permissible Contacts in the restricted period for a procurement contract in accordance with State Finance Law §§139-j and 139-k. The affirmation is provided below and must be completed and returned to the ACPHLA when submitting a bid.

2. The ACPHLA must include a disclosure request (“Offeror Disclosure of Prior Non-

Responsibility Determinations”) regarding prior non-responsibility determination in accordance with State Finance Law §139-k in its solicitation of proposals or bid documents or specifications or contract documents, as applicable, for procurement contracts. The required form is provided below and must be completed and returned to the ACPHLA when submitting a bid.

3. The ACPHLA must obtain from all Offerors/bidders a required certification (“Bidder

Certification”) that the information is complete, true and accurate regarding any prior findings of non-responsibility, such as non-responsibility pursuant to State Finance Law §139-

j. The Offeror/bidder must agree to the certification and provide it to the procuring

Government Entity. This certification is provided below and must be completed and returned to the ACPHLA when submitting a bid.

4. New York State Law §139-k(5) provides that every procurement contract award subject to the provisions of State Finance Law §§139-k and 139-j shall contain a provision authorizing the

ACPHLA to terminate the contract in the event that the certification is found to be

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intentionally false or intentionally incomplete. An example of such language is provided below:

The ACPHLA reserves the right to terminate this contract in the event it is found that the certification filed by the Offeror/bidder in accordance with New York State Law §139-k was intentionally false or intentionally incomplete. Upon such finding, the ACPHLA may exercise its termination right by providing written notification to the Offeror/bidder in accordance with the written notification terms of this contract.

Compliance with NYS Finance Law §139-j

Offeror/bidder affirms that it understands and agrees to comply with the procedures of the

ACPHLA relative to permissible Contacts as required by State Finance Law §139-j.

By: Date:

Name:

Title:

Contractor Name:

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ALBANY COUNTY PINE HILLS LAND AUTHORITY

SNOW REMOVAL SERVICES

RFB-2601

SPECIFICATIONS

The ALBANY COUNTY PINE HILLS LAND AUTHORITY (the ACPHLA) is seeking to contract for snow removal services for the plowing of the Saint Rose Campus parking lots, surrounding sidewalks, walkways and building egresses. Layout of parking areas and walkways is attached.

Areas noted on the attached drawing are P1, P5, P6, P7, P15, and P19

• Contractor shall plow all parking areas during and/or after each snow event as needed and clear all sidewalks.

• Salting will be done immediately after each plowing. (Only pure salt will be used in parking lot areas, not sand)

• In the event of an evening/night snowfall, parking areas will be clear by 7:00 AM EST.

• All sidewalks, walkways and entrances, including the bus stop are to be cleared each time the area is plowed and de-iced as needed. (Only calcium chloride should be used on cement walkways)

• For icing events the Contractor shall provide de-icing of the parking areas and sidewalks of the entire property during and/or after each icing event as needed. (Only pure salt will be used in parking lot areas, not sand)

• Plowed snow will be stored in the area noted on the attached parking area layout.

• Stacking will be performed as needed to ensure stored snow does not impact parking capacity.

• Contractor will contact the designated property manager to confirm they are on site each time contracted services are performed.

• Removal of excessive stacked snow will be as needed at the ACPHLA’s discretion and invoiced separately from the seasonal service.

• Snow will be disposed of in accordance with all applicable state and local regulations, ordinances, and anti-pollution laws, including OSHA.

• Contractor shall provide all labor and materials for described scope of services.

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BID FORM

BID IDENTIFICATION:

Title: Snow Removal for St Rose

Bid Number: RFB2601

THIS BID IS SUBMITTED TO:

Dylan Turek, Sr. VP of Development

ACPHLA

399 Western Ave.

Albany, NY 12203

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into a

Contract with ACPHLA in the form included in the Contract Documents to complete all

Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract

Documents.

2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the Disposition of Bid Security. This Bid may remain open for ninety (90) days after the day of Bid opening. BIDDER will sign the Contract and submit the Contract Security and other documents required by the Contract Documents within fifteen days after the date of ACPHLA’s Notice of Award.

3. In submitting this Bid, BIDDER represents, as more fully set forth in this Contract, that:

(a) BIDDER has examined copies of all the Contract Documents and of the following addenda: (If none, so state)

Date Number

(receipt of all of which is hereby acknowledged) and also copies of the Notice to

Bidders and the Instructions to Bidders;

(b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the

Work and has made such independent investigations as BIDDER deems necessary;

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(c) 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 himself any advantage over any other Bidder or over the owner.

4. BIDDER will complete the Work for the following prices(s): (Attach Bid Proposal)

5. BIDDER agrees to commence the Work within the number of calendar days or by the specific date indicated in the Contract. BIDDER agrees that the Work will be completed within the number of Calendar days or by the specific date indicated in the contract.

6. The following documents are attached to and made a condition of this Bid:

(a) Offeror Disclosure of Prior Non-Responsibility Determinations (Attachment “A”)

(b) Bidder Certification (Attachment “B”)

(c) Non-collusion Statement (Attachment “C”)

(d) MS-4-1 Certification Statement RE: Stormwater Discharges (Attachment “D”)

(e) Bidder Qualification Questionnaire (Attachment “E”)

7. Communication concerning this Bid shall be addressed to:

Phone: _________________________________________________________

8. Terms used in this Bid have the meanings assigned to them in the Contract and General

Provisions.

RFB2601 18

BID FORM

Bid Number: RFB2601

***Pricing Option Number One: Per Storm***

PLOWING & SALTING PRICE PER STORM:

Under 2” $

2” to 6” $

7” to 10” $

11” to 14” $

15” to 20” $

21” to 24” $

Over 24” $

Ice event salting per storm $

STACKING AND REMOVAL:

Stacking price per hour $

Removal price per hour $

***Pricing Option Number Two: Seasonal***

Seasonal (all inclusive) price for all services $

REMOVAL OF EXCESSIVE STACKED SNOW:

Removal Price per Hour $

RFB2601 19

BID FORM (pg.3)

BID Number: RFB2601

Company

Address:

City, State, Zip

Phone #

Federal Tax ID #

Point of Contact

Email

Signature:

Date:

RFB2601 20

Attachment A: Offeror Disclosure of Prior Non-Responsibility Determinations

Name of Individual or Entity Seeking to Enter into the Procurement Contract:

Address: _______________________________________________________________

Name and Title of Person Submitting this Form: ________________________________

Date: _______________________

A. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years? (Please circle):

No Yes

B. If yes, please answer the following questions: Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j? (Please circle):

C. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity? (Please circle):

D. If you answered yes to questions A thru C, please provide details regarding the finding of non-responsibility below.

Governmental Entity: ___________________________________________________________

Date of Finding of Non-responsibility: ______________________________________________

Basis of Finding of Non-Responsibility: _____________________________________________

(Add additional pages as necessary)

E. Has any Governmental Entity or other governmental agency terminated or withheld a

Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information? (Please circle):

F. If yes, please provide details below.

Governmental Entity: ______________________________________________

Date of Termination or Withholding of Contract: _____________________________________

Basis of Termination or Withholding: ____________________________________________

(Add additional pages as necessary)

RFB2601 21

Attachment B: Bidder Certification

I certify that all information provided to the ACPHLA with respect to State Finance Law §139-k is complete, true and accurate.

By: ___________________________________ Date: ____________________

Signature

Name: _________________________________

Title: __________________________________

Contractor Name: _______________________________________________________________

RFB2601 22

Attachment C: Non-collusion Statement

Pursuant to Public Authority Law §2878, each Bidder must complete the below “NON

COLLUSION PROPOSAL CERTIFICATE PURSUANT TO NEW YORK STATE PUBLIC

AUTHORITY LAW § 2878” and submitted with the bidder’s response to this RFB.

NON-COLLUSION PROPOSAL CERTIFICATE

PURSUANT TO NEW YORK STATE PUBLIC AUTHORITY LAW § 2878

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 the 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 proposer 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 proposer and will not knowingly be disclosed by the proposer prior to the opening, directly or indirectly, to any other proposer or to any competitor; and

(3) No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

(date) (signature)

(printed name and title)

(name of firm)

RFB2601 23

STATE OF ________________ )

COUNTY OF ______________ ) SS:

On the __ day of _________________, 2026, before me, the undersigned, a notary public in and for said state, personally appeared ________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to this document and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature, the individual or the person/entity upon behalf of which the individual acted, executed this document.

Notary Public

RFB2601 24

ATTACHMENT “D”

Sheet MS4-1: Bidder/Proposer Certification Statement (to be used with Section 34 Part A –

General Contracts)

As a bidder seeking to provide services on behalf of Albany County, I certify under penalty of law that I understand and agree to comply with the terms and conditions of the New York

State Pollutant Discharge Elimination System (“SPDES”) General Permit for Stormwater

Discharges from Municipal Separate Storm Sewer Systems (MS4 Permit) and Albany County

Local Law 7 of 2007, and agree to implement any Best Management Practices or corrective actions identified by Albany County or an authorized representative thereof as necessary to maintain compliance. I understand that Albany County must comply with the terms and conditions of the aforementioned MS4 Permit, and that it is unlawful for any person to directly or indirectly cause or contribute to a violation of water quality standards. I am also aware that

County Local Law 7 of 2007 prohibits any activities that cause or contribute to a violation of the County’s SPDES permit. Further, I understand that any non-compliance by ACPHLA, Albany County or its tenants will not diminish, eliminate or lessen my own liability.

Name of Third Party Entity: ___________________________________________________

Address:________________________________________________________________________

Phone Number(s): _______________________________________________________

Description of activities to be performed by your firm or organization within Albany County are related to the Albany County Storm Water Management Program (SWMP) (include any activities that have the potential to generate or prevent pollution and/or affect water quality):

Description of where the work is to be performed within Albany County facilities

Printed Name

Title

RFB2601 25

ATTACHMENT “E”

Bidder Qualification Questionnaire

The undersigned guarantees the accuracy of all statements and answers herein contained.

(Please print in ink or type in the spaces provided). Attach additional sheets if necessary. This statement of Bidder's qualifications is required of all Bidders. Additional data on Bidder's qualifications may be requested from selected Bidders after the Bid opening.

1. How many years has your firm been in business? ________________________________ years

2. List up to three (3) projects of this nature that you have completed in the last three (3) years, and give the name, address and telephone number of a reference from each. Also give the completion date, the original contract bid price and the completed cost of each project listed.

a._______________________________________________________________________________ b.___________________________________________________________________________ c._______________________________________________________________________________

3. List projects presently under contract by your firm, the dollar volume of the contract and the percentage completion of the contract.

4. Has your firm ever failed to complete work awarded to it? If so, state where and why.

5. Is your firm presently or has your firm ever been a party defendant in a lawsuit commenced against your firm alleging failure to properly complete work in accordance with the contract for same; if so, give details.

RFB2601 26

6. Has your firm received two (2) final determinations within any consecutive six-year period, the second final determination occurring within the past five (5) years, that your firm willfully failed to pay the prevailing rate of wages or to provide supplements with Article 8 of the Labor Law, if so, give details.

7. Do you plan to subcontract any part of this work? If so, give details.

8. Give the name, address and telephone number of an individual who represents each of the following and whom the Owner may contact to investigate your financial responsibility: a surety, and a bank.

9. Give a summary of your financial statement. (List assets and liabilities, use an insert sheet, if needed).

RFB2601 27

10. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. (If a corporation, state the name and title of all officers. If a partnership, state the name of all partners. If a trade name, state the names of the individuals who do business under the trade name.) It is absolutely necessary that information be furnished.

Legal Name of Bidder:

The business is a:

The address of principal place of business is:

The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows:

11. Is your firm qualified to do business in the State of New York? Yes No .

If No, signing this qualification statement constitutes agreement to obtain such qualification prior to award of contract immediately upon owner's request.

By: Date:

Name:

Firm: