Bid Document.pdf

TOWN OF QUEENSBURY

PURCHASE OF A RESTROOM SKID TRAILER FOR USE BY

THE QUEENSBURY RECREATION DEPARTMENT

BID DOCUMENTS

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

AFFIDAVIT OF NON-COLLUSION

CERTIFICATION OF COMPLIANCE WITH

THE IRAN DIVESTMENT ACT

BID PROPOSAL

BID SPECIFICATIONS

March 15, 2024

DEPARTMENT: Recreation Department

Steve Lovering, Director

742 Bay Road

Queensbury, New York 12804

(518) 761-8215

PURCHASING AGENT: Joanne Watkins

Town of Queensbury

742 Bay Road

Queensbury, New York 12804

Telephone: (518) 761-8239

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that the Town of Queensbury Recreation Department is accepting bids for a Restroom Skid Trailer in accordance with the specifications on file with the

Town of Queensbury Purchasing Agent at the address listed below. This is a purchase bid only.

The sealed proposals (no proposal shall be sent via facsimile) will be received by the

Purchasing Agent at the Accounting Office, Town of Queensbury, 742 Bay Road, Queensbury, New York until 2:00 PM on Tuesday March 26, 2024 and will be then publicly opened and read aloud. The Purchasing Agent will then submit the Bids and the recommendation to the

Town Board for consideration and approval, if any, at its next regularly scheduled meeting.

The right is reserved to reject any or all Bids or to waive any informalities and any bids and to accept any considered advantageous to the Town of Queensbury.

Warranties, if any, may be considered by the Town Board in making a final determination as to whom to award the bid to.

No proposal may be withdrawn without the consent of the Town Board for a period of 45 days after the time for opening bids has passed.

Specifications for the Restroom Skid Trailer may be examined and obtained at the

Purchasing Agent’s Office, 742 Bay Road, Queensbury, New York 12804 during normal business hours any weekday until 2:00 PM, Tuesday, March 26, 2024 or on the Town’s website www.queensbury.net.

Bidders may request further information by contacting Steve Lovering, Director of Parks and Recreation at (518)761-8215.

Proposals must be made upon and in accordance with the form of proposal prepared and obtainable from the Purchasing Agent, which formal proposal will contain accompanying

Instructions to Bidders and Specifications. All statements and requirements of the form proposal, this advertisement, the Instruction to Bidders, Certification of Compliance with the Iran

Divestment Act and the Affidavit of Non-Collusion shall be deemed a part of the contract to purchase entered into by the Town with the successful bidder.

BY ORDER OF THE QUEENSBURY TOWN BOARD.

Publication Date: March 19, 2024

Joanne Watkins

Purchasing Agent

Town of Queensbury

INSTRUCTIONS TO BIDDERS

1. Receipt of Bids.

Sealed proposals will be received by the Queensbury Town Board at the Office of the

Purchasing Agent, Town Office Building, 742 Bay Road, Queensbury, Warren County, New York, until 2:00 PM, Tuesday March 26, 2024. The Bids received will be opened and publicly read aloud in the Supervisor’s Conference Room. The Purchasing Agent will submit the bid proposals to the

Town Board at its next regularly or specially scheduled Town Board Meeting, for its consideration and approval, if any.

2. Payment Procedures.

Full payment for the Restroom Skid Trailer, shall be made within 30 days of receipt. The

Town of Queensbury shall not be obligated to pay for the item until it is received and approved by the Department Head.

3. Procurement of Bidding Documents.

Specifications and bidding documents can be examined and obtained at the Purchasing

Agent’s Office, Town Office Building, 742 Bay Road, Queensbury, NY during normal business hours, commencing immediately.

4. Explanation to Bidders.

Any explanation regarding intent and meaning of bidding specifications or other bidding documents shall be requested in writing to Steve Lovering, Director of Parks and Recreation, with sufficient allowance of time for receipt and reply before the time of Bid opening. Any such explanations or interpretations shall be made in the form of addenda to the documents and shall be furnished to all Bidders who shall submit all addenda with their bids. Oral explanations and interpretations made prior to the Bid openings shall not be binding.

5. Bidders Understanding.

A. Inspection of Specifications - Bidders shall inform themselves of the specifications.

B. Documents - Before submitting a proposal, each contractor shall familiarize him/herself with the Bidding documents which include the Notice to

Bidders, Instructions to Bidders, Bid Proposal, Affidavit of Non-Collusion, Certification of Compliance with the Iran Divestment Act and

Specifications.

C. The failure or omission of any Bidder to receive or examine the Bidding documents shall in no way relieve any Bidder from any obligation with respect to his Bid. By submitting a Bid, the Bidder agrees and warrants that he/she has examined the Bidding documents, that the specifications are adequate for bidding purposes, and the required items can be provided under the specifications.

D. No claim for extra charges will be allowed because of alleged impossibilities or because of inadequate or improper specifications.

E. Bid Requirements.

1. Each Bidder shall submit one (1) properly completed and signed copy of the following: Bid Proposal, Non-Collusive Affidavit, and

Certification of Compliance with the Iran Divestment Act.

2. Each bidder shall satisfy to the Queensbury Town Board his/her ability, financial and otherwise, to so provide the items requested, if requested by the Town Board.

F. Preparation of Bids.

1. The Bidder shall base his Bid on items complying fully with the

Bidding documents and in the event he names or includes in his/her

Bid materials which do not conform, if awarded the contract he/she shall be responsible for furnishing items which fully conform, at no change in his/her contract price.

2. Only lump sum, firm bids for the item to be furnished will be accepted.

6. Submission of Bids.

A. Bids shall be submitted as directed in the invitation for bids. All Bids shall be submitted on the form provided and all appropriate spaces shall be fully filled. Proposals shall be submitted in an opaque, sealed envelope marked proposal bearing the title of the work and the name of the Bidder. Bids may not be faxed to the Town Offices.

B. A Bidder shall not include any retailer, occupation, or use taxes in his Bid.

Exemption certificates for these taxes will be furnished by the Town of

Queensbury.

C. Bids shall be submitted prior to the time fixed in the invitation for bids. Bids received after the time so indicated shall be returned unopened.

D. Upon written request to the Bidder, Bids may be withdrawn at any time prior to the expiration of the time for submitting Bids. Negligence on the part of the Bidder in preparing his/her Bid shall not constitute a right to withdraw his/her Bid subsequent to the Bid opening.

E. No proposal may be withdrawn without the consent of the Town for a period of 45 days after the time for opening Bids has passed.

F. At the time and place fixed for opening Bids, the contents of all Bids will be made public for the information of all Bidders and other interested parties who may be present in person or by representative.

7. Rejection of Bids.

The right is reserved to reject any and all Bids or to waive any informality in any Bid and to accept any considered advantageous to the Town of Queensbury.

8. Warranties.

Bidders shall supply any and all warranties that apply to the purchase and such may be considered by the Town in determining whether to accept any particular Bid, including a Bid which is higher than another Bid in total sum.

9. Collusive Agreements.

Each person submitting a Bid to the Town of Queensbury for the item contemplated by the

Bidding documents shall execute an affidavit in the form herein provided, to the effect that he/she has not colluded with any other person, firm, or corporation in regard to any Bid submitted. Such affidavit shall be attached to the Bid. Failure on the part of the Bidder to observe these conditions shall be cause for rejection of his/her Bid.

10. Certification of Compliance with the Iran Divestment Act

Each person submitting a Bid to the Town of Queensbury for the item contemplated by the

Bidding documents shall execute a certification in the form herein provided. Such Certification shall be attached to the Bid. Failure on the part of the Bidder to observe these conditions shall be cause for rejection of his/her Bid.

11. Statement of Bidder's Qualifications.

The Queensbury Town Board hereby reserves the right to request such qualifications of any

Bidder submitting a Bid as it deems appropriate concerning the Bidder's financial resources and his/her organization and resources available for the delivery of the items contemplated. This documentation however, need not be submitted with the Bid unless and until such time as required by the Town of Queensbury.

AFFIDAVIT OF NON-COLLUSION

I, _________________________, being duly sworn, do depose and state:

1. That in connection with this procurement,

(A) The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and

(B) The prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening directly or indirectly to any other bidder or to any competitor; and

(C) No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

2. The undersigned further states:

(A) Affiant is the person in the bidder's organization responsible within that organization for the decision as to the prices being bid herein and that Affiant has not participated, and will not participate, in any action contrary to (1) (A) through (1) (C) above; or

(B) (1) Affiant is not the person in the bidder's organization responsible within that organization for the decision as to the prices being bid herein but that Affiant has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (1) (A) through (1) (C) above, and as their agent does hereby so certify; and

(2) Affiant has not participated and will not participate, in any action contrary to (1) (A) through (1) (C) above.

3. It is expressly understood that the foregoing statements, representations, and promises are made as a condition to the right of the bidder to receive payment under any award made hereunder.

__________________________________Signed

Subscribed and sworn to before me this ____ day of _____________, 20____.

Notary Public

CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

As a result of the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, a new provision has been added to State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g, both effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law)

(the “Prohibited Entities List"). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than

120 days after the Act’s effective date at which time it will be posted on the OGS website.

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each Bidder/Contractor, any person signing on behalf of any Bidder/Contractor and any assignee or subcontractor and, in the case of a joint bid, each party thereto, certifies, under penalty of perjury, that once the

Prohibited Entities List is posted on the OGS website, that to the best of its knowledge and belief, that each

Bidder/Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL § 165-a(3)(b)

Additionally, Bidder/Contractor is advised that once the Prohibited Entities List is posted on the OGS Website, any

Bidder/Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time the Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List.

During the term of the Contract, should the Town receive information that a Bidder/Contractor is in violation of the above-referenced certification, the Town will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that he/she/it has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the Town shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the

Bidder/Contractor in default.

The Town reserves the right to reject any bid or request for assignment for a Bidder/Contractor that appears on the

Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any

Bidder/Contractor that is awarded a contract and subsequently appears on the Prohibited Entities List.

I, ___________________________________________, being duly sworn, deposes and says that he/she is the_____________________________________ o f t h e ________________________ Corporation. 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 its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of §165-a of the State Finance Law.

SIGNED

SWORN to before me this

_________ day of _______________20___

Notary Public: _________________________

BID PROPOSAL

To: TOWN OF QUEENSBURY:

1. The undersigned hereby declares that he/she is the only person interested in this Bid;

that it is made without any connection with any person making another Bid for the same contract;

that the Bid is in all respects fair and without collusion or fraud; and that no official of the Town, or any person in the employ of the state, is directly or indirectly interested in the Bid or in the supplies or work to which it relates, or in any portion of the profits thereof.

2. The undersigned also declares that he/she has carefully examined the annexed form of Bid documents and specifications and will provide the following item at the prices indicated, immediately upon request, to be fully paid within 30 days of receipt by the Town.

3.PRICE including delivery to Gurney Lane Park:

Restroom Skid Trailer - $__________________

4. CONTRACT - AGREEMENT: By execution of this Bid Proposal, Bidder agrees to execute a further agreement if requested by the Town of Queensbury and agrees, in any event, that all understandings, conditions, provisions and specifications referred to in and a part of this Bid

Proposal, the Notice to Bidders, the Instructions to Bidders, the Specifications and the Affidavit of

No Collusion, shall constitute the terms and conditions of an agreement and actually be an agreement, if no other agreement is entered into, between the Bidder and the Town of Queensbury.

x_______________________ x______________________________________________

DATE *SIGNATURE OF AUTHORIZED COMPANY

OFFICIAL - PRINT NAME NEXT TO SIGNATURE

x______________________________________________

COMPANY NAME

x_____________________________________________

COMPANY ADDRESS

x_____________________________________________

COMPANY PHONE NUMBER

Bid Specifications for the Bathroom Skid Trailer

Below please find some basic minimum specifications relative to a bathroom skid trailer.

This trailer will be installed onto a concrete pad at the Gurney Lane Recreation Park, 118

Gurney Lane, Queensbury, NY 12804

1. Two Station, four user skid trailer – not axle/wheels required(non-mobile)

2. Men’s Room including 1 stall(toilet) and 1 urinal, soap dispenser, hand wash station and hand dryer

3. Woman’s room including 2 stalls(toilets), soap dispenser, hand wash station and hand dryer

4. Self-contained connections to water and waste storage. Waste storage should be a minimum of 300 gallons

5. Electric hot water heater for hand wash- faucets should be single handle push button

6. Minimum 10,000 BTU rooftop ac unit w/heat strips. 1,000 watt wall heatersin each station