RFB 25-06 Brush Grinding.pdf

TOWN OF EAST GREENBUSH

Brush Grinding and Removal at the Transfer Station

RFB 25-06

Mary Hendrick

10/27/2025

FINANCE DEPARTMENT

225 COLUMBIA TURNPIKE, RENSSELAER, NY 12144

TELEPHONE: 518-477-7788 FAX: 518-477-2386

TITLE: Brush Grinding and Removal at the Transfer Station

RFB NUMBER: 25-06

RECEIPT CONFIRMATION FORM

Please complete and return this confirmation form as soon as possible:

Mary Hendrick Purchasing Clerk

Town of East Greenbush 225 Columbia Turnpike Rensselaer, NY 12144 mhendrick@eastgreenbush.org

Company Name:

Address:

City: State: Zip:

Contact Person:

Title:

Phone Number: Fax Number:

E-Mail:

If a Bidders Meeting has been arranged for this Bid, please indicate if you plan to attend:

Yes No

I authorize the Town of East Greenbush to send further correspondence that the Town deems to be of an urgent nature by the following method:

Currier Collect:

Mail:

E-Mail:

Fax:

IF YOU PLAN TO SUBMIT A BID, YOU MUST RETURN

THIS FORM TO ENSURE THAT YOU WILL RECEIVE ALL

FURTHER COMMUNICATION REGARDING THIS RFB.

mailto:mhendrick@eastgreenbush.org

FINANCE DEPARTMENT

225 COLUMBIA TURNPIKE, RENSSELAER, NY 12144

TELEPHONE: 518-477-7788 FAX: 518-477-2386

NON-BIDDER RESPONSE

RFB: 25-06

The Town of East Greenbush Finance Department is interested in the reasons why bidders fail to submit bids.

Please indicate your reason(s) by checking all appropriate item(s) below and returning this form to the above address.

Could not meet specifications or Scope of Services.

Items or materials requested not manufactured by us or not available to our company.

Insurance requirements are too restricting.

Bond requirements are too restricting.

Specifications or Scope of Services not clearly understood or applicable (too vague, too rigid, etc.).

Project not suited to firm.

Quantities too small.

Insufficient time allowed for preparation of bid.

Other reasons; please state and define:

Vendor Name:

Contact Person:

Vendor Address:

Vendor Telephone:

NOTICE TO BIDDERS – TOWN OF EAST GREENBUSH

REQUEST FOR BIDS #25-06

Sealed Bids for Various Projects: Brush Grinding and Removal at the Transfer Station (RFB 25-06) as requested by the Town of East Greenbush will be received by Mary Hendrick, Purchasing Clerk, East Greenbush Town Hall, 225 Columbia Turnpike, Rensselaer, New York 12144 until 2:00 PM EST, Friday, November 7, 2025.

A site visit is recommended for a full understanding of the project. Please contact the Transfer Station attendants for access to the site. Town of East Greenbush Transfer Station, 246 Ridge Road, Rensselaer, NY. The Transfer Station can be reached at (518) 477-7012 and is open Tuesday through Saturday.

Request for Bid (RFB) documents may be obtained from Mary Hendrick, Purchasing Clerk by email at mhendrick@eastgreenbush.org or by calling 518-477-7788. RFB documents may be available for download from the Empire State Bid System website at http://empirestatebidsystem.com starting by the close of business 4:30 pm on Monday, October 27, 2025.

Mary Hendrick Purchasing Clerk

Dated: East Greenbush, NY

October 27, 2025

PUBLISH ONE DAY – Monday, October 27, 2025 -- TROY RECORD http://empirestatebidsystem.com/

REQUEST FOR BIDS

GENERAL INSTRUCTIONS TO BIDDERS

BID DISTRIBUTION – IMPORTANT NOTICE

The Town of East Greenbush officially distributes bidding documents through the Finance Office or through Empire State Bid System website at http://www.empirestatebidsystem.com. Copies of bid documents obtained from any other source are not considered official documents. Only those vendors who obtain bid documents from either the Finance Office or the Empire State Bid System are guaranteed to receive addendum information, if such information is issued.

If you have obtained this document from a source other than the Town of East Greenbush Finance Office or the Empire State Bid System, it is strongly recommended that you obtain an official copy.

SECTION 1: BID IDENTIFICATION

1.1 Title: Brush Grinding and Removal at the Transfer Station

1.2 Requesting Department: Department of Public Works

1.3 Bid Number: 25-06

SECTION 2: PURPOSE

2.1 The intent of these specifications is to furnish information to responsible bidders for the purpose of obtaining bids for Brush Grinding and Removal at the Transfer Station as requested by Various Town Facilities.

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

SECTION 3: BIDDING DOCUMENTS

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

Bidders.

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

SECTION 4: SUBMISSION OF BIDS

4.1 Bids and any other required documents must be submitted, sealed in an envelope, plainly marked with the name and number of the bid and the name and address of the bidder and accompanied with the required documents. Bids must be received no later than 2:00 PM on Friday, November 7, 2025, at the following address:

Mary Hendrick, Purchasing Clerk East Greenbush Town Hall 225 Columbia Turnpike Rensselaer, NY 12144

General Instructions 1 http://www.empirestatebidsystem.com/

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 13 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 Town Hall.

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 Town of East Greenbush 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 PLEASE NOTE: ALL TONNAGE ESTIMATES NEED TO BE SITE VERIFIED.

SECTION 5: TERM OF THE BID

5.1 The bid shall be in effect from the date of the contract execution until completion of all work under the contract. Prices shall remain firm for the entire bid period. Work must be completed by Wednesday, December 31, 2025.

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 (Attachment “F”) as part of their bid. Each bid must contain evidence of the bidder’s qualifications to do business in New York State or a 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 Town of East Greenbush may make such investigations, as it deems necessary, to determine the ability of the Bidder to perform the work. The bidder shall furnish to the Town, within five (5) days of a request, all such information and data for this purpose as may be requested. The Town reserves the right to reject any bid if the information submitted by, or investigation of a bidder, fails to satisfy the Town 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.

SECTION 8: DISQUALIFICATION

8.1 The Town reserves the right to refuse to issue Bid 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 the Town, if such regulations are cited, or otherwise included, in the Bid Documents as a requirement for bidding.

(b) The 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 the Town issues the Bid Documents to a prospective bidder.

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

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

General Instructions 2

8.2 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.

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

8.4 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 the Town of East Greenbush, or if the Town’s form is altered, or if any part of the bid 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.

(c) If the bid is not accompanied by the bid security specified by the Town of East

Greenbush.

SECTION 9: PREVAILING WAGE

9.1 All laborers providing services under this contract, whether employed by the Contractor or by the Subcontractor(s), shall be paid no less than the current prevailing rate of wages and shall be provided supplements not less than the prevailing supplements as established by the New York State Department of Labor, per the New York State Prevailing Schedule of Wages.

9.2 All vendors submitting bids agree to conform to all current NYS Department of Labor and prevailing wage laws. The Town has applied for and has received a PRC number for this project. PRC#2025013093. The successful vendor(s) is/are responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this document. For policy or rate questions call the NYS Department of Labor at

(888) 469- 7365. Actual rates are available via the internet at: NYSDOL - Prevailing Wage or from the Town of East Greenbush Finance Office at the address listed on the Notice to Bidders.

9.3 Payrolls and Payroll Records: Every contractor and subcontractor MUST keep original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. Payrolls must be maintained for at least five (5) years from the project’s date of completion. At a minimum, payrolls must show the following information for each person employed on a public work project: Name, Social Security Number, Classification(s) in which the worker was employed, hourly wage rate(s) paid, supplements paid or provided, and daily and weekly number of hours worked in each classification.

9.4 Every contractor and subcontractor shall submit to the Finance Department, within thirty

(30) days after issuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Finance Department shall receive and maintain such payrolls.

General Instructions 3 https://apps.labor.ny.gov/wpp/publicViewPWChanges.do?method=showIt

SECTION 10: NON-COLLUSIVE BIDDING CERTIFICATE

10.1 All bidders bidding under the provisions of the specifications are subject to the provisions of Section 103 of the General Municipal Law of the State of New York. A signed Non-Collusive Bidding Certificate (Attachment “A”) is required to be submitted with each bid on the form provided by the Town.

SECTION 11: BID FORM

11.1 The Bid Form is attached hereto; additional copies may be obtained from the Town. Bids must be made on the Bid Form provided by the Town. 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.

11.2 Bids by corporations 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 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.

11.3 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.

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

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

SECTION 12: DOES NOT APPLY

SECTION 13: SPECIFICATION CLARIFICATION

13.1 All inquiries/questions with respect to this Request for Bid must be directed to the Town of East Greenbush Purchasing Clerk as follows:

Mary Hendrick, Purchasing Clerk Town of East Greenbush 225 Columbia Turnpike Rensselaer, NY 12144 Telephone: 518-477-7788 Fax: 518-477-2386 Email: mhendrick@eastgreenbush.org

SECTION 14: BID EVALUATION

14.1 Bids shall remain valid until:

(a) the execution of a contract by the Town of East Greenbush; or

(b) the award of a purchase order by the Town of East Greenbush; or

(c) as otherwise rejected by the Town of East Greenbush.

14.2 Bids received will be evaluated by the Town of East Greenbush 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;

General Instructions 4

(b) Completeness of the bid; and

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

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

14.4 The Town reserves the right to purchase items pursuant to General Municipal Law 103 from New York State Contracts, other County, political subdivision or district contracts, or other Governmental Agency or New York State Preferred Sources within its discretion.

SECTION 15: MODIFICATION AND WITHDRAWAL OF BIDS

15.1 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.

15.2 If, prior to awarding of the contract or within three (3) days after opening, whichever period is shorter, any 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 in the preparation of its bid, than the bidder may withdraw its bid and the bid security will be returned.

SECTION 16: AWARD OF BID

16.1 After the award has been approved by the Town Board, the successful bidder will be issued a Notice of Award. A notice of contract award shall not be binding upon the Town until the contract has been fully executed by both parties.

The following documents shall be incorporated, to the extent deemed appropriate in the sole discretion of the Town, with the contract between the Town and the apparent successful Bidder: the successful Bidder’s Bid, this Request for Bids and any written Addenda issued by the Town of East Greenbush in response to inquiries of prospective bidders as set forth in Section 11.2 hereof.

16.2 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 Town of East Greenbush Director of Finance.

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 Town of East Greenbush of an attachment against the Successful Bidder, the Town of East Greenbush shall be relieved and discharged from any and all liability and obligation growing out of 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.

General Instructions 5

SECTION 17: PERFORMANCE BOND

17.1 No Performance bond is requested for this bid.

SECTION 18: INSURANCE REQUIREMENTS

18.1 The successful Bidder will be required to procure and maintain at its own expense the following insurance coverage:

(a) Workers’ Compensation and Employers Liability Insurance: A policy or policies providing protection for employees in the event of job-related injuries.

(b) Automobile Liability Insurance: A policy or policies with the limits of not less than

$500,000 combined for each accident because of bodily injury, sickness or disease, sustained by any person, caused by accident, and arising out of the ownership, maintenance or use of any automobile for damage because of injury to or destruction of property, including the loss of use thereof.

(c) General Liability Insurance:

with limits of not less than:

Liability For:

A policy or policies of comprehensive all-risk insurance

Combined Single Limit

Property Damage $1,000,000 Bodily Injury $1,000,000 Personal Injury $1,000,000

(d) Disability Insurance: A policy or policies providing appropriate disability benefits in accordance with Section 220 Subdivision 8 of the Disability Benefits Law (DBL).

18.2 Each policy of insurance required shall be of form and content satisfactory to the Town Attorney.

(a) The Town of East Greenbush shall be named as an additional named insured on all liability policies. The bid number must appear on policy.

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

18.3 No work shall be commenced under the contract or purchase order until the successful Bidder has delivered to the Director of Finance for the Town or their 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 should expire or become unsatisfactory to the Town, the successful Bidder shall promptly obtain a new policy and submit proof of issuance of the same to the Town for approval. Upon failure of the successful Bidder to furnish, deliver and maintain such insurance as provided above, the contract or purchase order may, at the election of the Town, 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.

General Instructions 6

SECTION 19: INDEMNIFICATION

19.1 The successful Bidder shall defend, indemnify and save harmless the Town, its employees and agents, from and against all claims, damages, losses and expenses (including, without limitation, reasonable attorneys’ fees) arising out of, or in consequence of, any negligent or intentional act or omission of the successful Bidder, its employees or agents, to the extent of its or their responsibility for such claims, damages, losses and expenses.

SECTION 20: REMEDY FOR BREACH

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

SECTION 21: DELIVERY AND PAYMENT

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

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

Director of Finance or their designee to determine their conformity to specifications. No payment will be made for items or work not meeting specifications.

21.3 Payment will be made upon the submission of a completed Town Voucher Form.

21.4 THE TOWN OF EAST GREENBUSH IS NOT SUBJECT TO FEDERAL,

STATE OR LOCAL TAXES.

SECTION 22: CASH DISCOUNT

22.1 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.

22.2 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 23: EXTENSION OF BIDS TO ALL POLITICAL SUBDIVISIONS AND

AUTHORIZED DISTRICTS LOCATED IN THE STATE OF NEW YORK

23.1 It is the intent of this Request for Bid that all political subdivisions and districts located in the State of New York be entitled to make purchases of materials, equipment or supplies from the resulting bid award.

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

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

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

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

23.6 The sole responsibility in regard to performance of the bid, or any obligation, covenant, General Instructions 7 condition or term thereunder by the successful Bidder and the participating entities will be borne and is expressly assumed by the successful Bidder and the participating entities and not by the Town of East Greenbush. In the event of a failure or breach in performance of any such bid by a participating entity or the successful Bidder, East Greenbush, specifically and expressly disclaims any and all liability for such defective performance or breach, or failure of either party to perform in accordance with its obligations, covenants and the terms and conditions of this Town of East Greenbush centralized bid.

SECTION 24: ANTI-DISCRIMINTATION CLAUSE

24.1 Pursuant to Section 220-E of the NYS Labor Law, regarding provisions in contracts prohibiting discrimination on account of race, creed, color or national origin in employment of citizens upon public works, the Contractor agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color, disability, gender, marital status, military status, sexual orientation or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color, disability, gender, marital status, military status, sexual orientation or national origin;

(c) That there may be deducted from the amount payable to the contractor by the state or municipality under this contract a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; (d) That this contract may be cancelled or terminated by the state or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract; and (e) The aforesaid provisions of this section covering every contract for or on behalf of the state or a municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York.

SECTION 25: SUBCONTRACTORS

25.1 When the preparation of separate specifications is not required, each bidder must submit with its bid a separate sealed list that names each subcontractor that the bidder will use to perform the work on the contract, and the agreed upon amount to be paid for each, for (1) plumbing and gas fitting, (2) steam heating, hot water heating, ventilating and air conditioning apparatus, and (3) electric wiring and standard illuminating fixtures. After the low bid is announced, the sealed list submitted with the low bid must be opened and the names of the subcontractors announced. The sealed lists submitted by all other bidders must be returned unopened after the award of the contract.

Any subsequent change of subcontractor or agreed upon amount to be paid to each subcontractor must be approved by the political subdivision, upon a showing of “legitimate construction need” for the change, which must be open to public inspection. The term “legitimate construction need” is defined to include, but not limited to (1) a change in project specification”, (2) a change in construction material costs, (3) a change in subcontractor status as determined pursuant to Labor Law §222(2)(e), relative to project labor agreements, or (4) a situation in which the subcontractor has become otherwise unwilling, unable or unavailable to perform the subcontract.

General Instructions 8

SECTION 26: INTERPRETATION

26.1 In the event of any discrepancy, disagreement or ambiguity among the documents which comprise this RFB, and/or, the Agreement (between the Town and the successful bidder) 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 27: NON-APPROPRIATIONS CLAUSE

27.1 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 Town for payment under this Agreement. The Town 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 Town of any kind whatsoever, except as to those portions herein agreed upon for which funds shall have been appropriated and budgeted.

SECTION 28: IRANIAN ENERGY SECTOR DIVESTMENT

28.1 Contractor hereby represents that said Contractor is in compliance with New York State

General Municipal Law Section 103-G entitled “Iranian Energy Sector Divestment”, in that said Contract Proposer has not:

(a) Provided goods or services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or

(b) Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five (45) days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

28.2 Any Contractor who has undertaken any of the above and is identified on a list created pursuant to Section 165-A (3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

28.3 Except as otherwise specifically provided herein, every Contractor submitting a bid in response to this Request for Bids must certify and affirm the following under penalties of perjury:

(a) “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 NYS Finance Law Section 165-A (3)(b).”

The Town of East Greenbush will accept this statement in accordance with the provisions of Section 103 of the General Municipal Law.

28.4 Except as otherwise specifically provided therein, any Bid that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Bidder cannot make the certification as set forth in subdivision (a) above, the Bidder shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons therefor. The Town reserves its rights, in accordance with General Municipal Law Section 103-G to award the Bid to any Bidder who cannot make the certification, on a

General Instructions 9 case-by-case basis under the following circumstances:

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

(2) The Town of East Greenbush has made a determination that the goods or services are necessary for the Town to perform its functions and that, absent such an exemption, the Town of East Greenbush would be unable to obtain the goods or services for which the Bid is offered. Such determination shall be made by the Town in writing and shall be a public document.

SECTION 29: STORMWATER MANAGEMENT PROGRAM

29.1 Bidder understands that the Town of East Greenbush is a regulated entity subject to the

SPDES General Permit for Stormwater Discharges from Municipal Separate Store Sewer Systems 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. Bidder agrees to comply with the terms and conditions of the SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems. Bidder also agrees to implement any corrective actions identified by the Town of East Greenbush or a representative pursuant to the above regulations, and further understand that any non-compliance by the Town will not diminish, eliminate, or lessen Bidder’s own liability. The awarded bidder shall execute and deliver to the Town a certification statement acknowledging the above provisions prior to commencing any work (see Sheet MS4-1/Attachment “E”).

SECTION 30: ETHICS

30.1 The bidder shall not accept or offer any gifts of anything of value nor enter into any business arrangement with any employee, official or agent of the Town of East Greenbush. Any contract between a bidder and Town employees, board members, other than with the Director of Finance or Department Head responsible for the bid, shall be grounds for disqualification.

SECTION 31: NEW YORK STATE SEXUAL HARASSMENT LAWS

31.1 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 the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of Section 201G of the NYS Labor Law. A model policy and training has been created by the NYS Department of Labor and can be found here:

https://www.ny.gov/programs/combating-sexual- harassment-workplace

General Instructions 10 https://www.ny.gov/programs/combating-sexual-harassment-workplace https://www.ny.gov/programs/combating-sexual-harassment-workplace

SECTION 32: RUSSIAN SECTOR DIVESTMENT

32.1 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 Executive Order of the State of New York, to divest their money and assets from any investment, to terminate any contract with an institution or company, that is determined to be a Russian or supporting entity and to refrain from entering new contracts or making any investments in such entities in the future.

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

(1) The investment activities in Russia were made before February 27, 2022, the investment activities in Russia have not been expanded or renewed after February 27, 2022, and the Bidder has adopted, publicized and is implementing a formal plan to cease the investment activities in Russia and to refrain from engaging in any new investments in Russia; or

The political subdivision makes a determination that the goods or services are necessary for the political subdivision to perform its function and that, absent such an exemption, the political subdivision would be unable to obtain the goods or services for which the contract is offered.

Such determination shall be made in writing and shall be a public document.

General Instructions 11

RFB 25-06

Brush Grinding and Removal at the Transfer Station

GENERAL SPECIFICATIONS

The Town of East Greenbush is currently accepting bids for Brush Grinding and Removal at the Transfer Station located at 246 Ridge Road, Rensselaer, New York 12144. This bid should include a price for the entire pile.

SITE VISIT:

A site visit is recommended for a full understanding of the project. Please see the Transfer Station attendants for access to the site. Town of East Greenbush Transfer Station, 246 Ridge Road, Rensselaer, NY. The Transfer Station can be reached at (518) 477-7012. Transfer Station is open Tuesday through Saturday.

Please note that all tonnage estimates need to be site verified.

MINIMUM SCOPE OF WORK:

To process and remove the entire pile of green waste materials, inclusive of branches, logs, and stumps. It is the responsibility of the processor to provide adequate equipment necessary to feed materials to the processing equipment from the stockpile of raw materials. Processed materials shall be removed from Town property by the awarded vendor.

The Town will provide assistance with a payloader if equipment is available.

Work hours are to be Monday-Friday: 7:00 AM – 3:00 PM. No work will be done during regular scheduled holidays and unforeseen closures.

THIS PROJECT MUST BE COMPLETED BY THE C.O.B. ON WEDNESDAY, DECEMBER 31, 2025, OR

BEFORE.

All vendors shall be required to carry insurance in accordance with this bid at all times for the duration of this contract.

All vendors are required to comply with all aspects of the NYS Prevailing Wage Laws at all times.

NOTE: No work is to proceed, or materials ordered until such time as a purchase order is received by the vendor for each specific project.

Specifications

Bid Form 1

BID FORM

225 COLUMBIA TURNPIKE

RENSSELAER, NEW YORK 12144

(518)477-7788

BID IDENTIFICATION:

Title: Brush Grinding and Removal at the Transfer Station

Bid Number: 25-06

COMPANY NAME:______________________________

THIS BID IS SUBMITTED TO:

Mary Hendrick Purchasing Clerk Town of East Greenbush 225 Columbia Turnpike Rensselaer, NY 12144

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Contract with the owner 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 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 (15) after the date of Owner’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 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;

Bid Form 2

(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 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 price(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. The 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 the Bid:

(a) Non-Collusive Bidding Certificate (Attachment “A”)

(b) Acknowledgement by Bidder (Attachment “B”)

(c) Vendor Responsibility Questionnaire (Attachment “C”)

(d) Iranian Energy Divestment Certification (Attachment “D”)

(e) MS-4-1 Certification Statement RE: Stormwater Discharges (Attachment “E”)

(f) Bidder Qualification Questionnaire (Attachment “F”)

(g) New York State Sexual Harassment Law Acknowledgement (Attachment “G”)

(h) Russian Divestment Certification (Attachment “H”)

7. Communication concerning this Bid shall be addressed to:

PHONE:

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

Bid Form

BID FORM

225 COLUMBIA TURNPIKE

RENSSELAER, NEW YORK 12144

(518)477-7788

BID IDENTIFICATION:

Title: Brush Grinding and Removal at the Transfer Station

Bid Number: 25-06

COMPANY NAME: ______________________________

TOTAL BID PRICE: $_____________________________

COMPANY:

ADDRESS:

CITY, STATE, ZIP:

TELEPHONE NO.:

FAX NO.:

FEDERAL TAX ID #:

REPRESENTATIVE:

E-MAIL:

SIGNATURE & TITLE:

DATE:

Attachment “A” 1

ATTACHMENT “A”

NON-COLLUSIVE BIDDING CERTIFICATION PURSUANT TO SECTION 103-D OF

THE NEW YORK STATE GENERAL MUNICIPAL LAW

A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

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

2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

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

A bid shall not be considered for award nor shall any award be made where (1), (2), and (3) above have not been complied with; provided, however, that in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reason thereof. Where (1), (2), and (3) above have not been complied with, the bid shall not be considered for any award nor shall any award be made unless the Director of Finance to the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customer of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of paragraph “A” above.

B. Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, local law, and where such bid contains the certification referred to in paragraph “A” of this section, shall be deemed to have been authorized by the Board of Directors of the bidder, and such authorization shall be deemed to include the submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

Signature

Title

Company Name

Date

Attachment “B” 1

If Individual or Individuals:

ATTACHMENT “B” ACKNOWLEDGEMENT BY BIDDER

STATE OF

COUNTY OF

) SS.:

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.

If Corporation:

STATE OF

COUNTY OF

) SS.:

Notary Public, State of

Qualified in

Commission Expires

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, and 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.

If Partnership:

STATE OF

COUNTY OF )

) SS.:

Notary Public, State of

Qualified in

Commission Expires

On this day of , 20 , before me personally appeared to me known to be the individual who executed the foregoing, and who, being duly sworn, did depose and say that he/she is a partner of the firm of and that he/she has the authority to sign the same, and acknowledged that he/she executed the same as the act and deed of said partnership.

Notary Public, State of

Qualified in

Commission Expires

Attachment “C” 1

ATTACHMENT “C”

TOWN OF EAST GREENBUSH

VENDOR RESPONSIBILITY QUESTIONNAIRE

1. VENDOR IS:

PRIME CONTRACTOR

2. VENDOR’S LEGAL BUSINESS NAME: 3. IDENTIFICATION NUMBERS:

a) FEIN #

b) DUNS #

4. D/B/A – Doing Business As (if applicable) & COUNTY FIELD: 5. WEBSITE ADRESS (if applicable)

6. ADDRESS OF PRIMARY PLACE OF BUSINESS/EXECUTIVE OFFICE 7. TELEPHONE NO.: 8. FAX NO.

9. ADDRESS OF PRIMARY PLACE OF BUSINESS/EXECUTIVE OFFICE IN

NEW YORK STATE, if different from above

10. TELEPHONE NO.: 11. FAX NO.

12. AUTHORIZED CONTACT FOR THE QUESTIONNAIRE

NAME:

TITLE:

TELEPHONE NUMBER:

FAX NUMBER:

EMAIL:

13. LIST ALL OF THE VENDOR’S PRINCIPAL OWNERS:

a) NAME TITLE b) NAME TITLE

c) NAME TITLE d) NAME TITLE

A DETAILED EXPLANATION IS REQUIRED FOR EACH QUESTION ANSWERED WITH A “YES,” AND MUST BE PROVIDED AS AN ATTACHMENT TO THE COMPLETED QUESTIONNAIRE. YOU MUST PROVIDE ADEQUATE DETAILS OR DOCUMENTS TO AID THE TOWN IN MAKING A DETERMINATION OF VENDOR RESPONSIBILITY. PLEASE NUMBER EACH RESPONSE TO MATCH THE

QUESTION NUMBER.

14. DOES THE VENDOR USE, OR HAS IT USED IN THE PAST FIVE (5) YEARS, ANY OTHER BUSINESS NAME, FEIN, OR D/B/A OTHER THAN THOSE LISTED IN ITEMS 2-4 ABOVE? List all other business name(s), Federal Employer Identification Number(s) or any D/B/A names and the dates that these names or numbers were/are in use. Explain relationship to the vendor.

15. ARE THERE ANY INDIVIDUALS NOW SERVING IN A MANGERIAL OR CONSULTING CAPACITY TO THE VENDOR, INCLUDING PRINCIPAL OWNDERS AND OFFICERS, WHO NOW SERVE OR IN THE PAST ONE (1) YEAR HAVE SERVED AS:

a) An elected or appointed public official or officer? Yes No

List each individual’s name, business title, name of the organization and position elected or appointed to, and dates of service.

b) An officer of any political party organization in Rensselaer County, whether paid or unpaid? Yes No

List each individual’s name, business title or consulting capacity and the official political position held with applicable service dates.

Attachment “C” 2

16. WITHIN THE PAST FIVE (5) YEARS, HAS THE VENDOR, ANY INDIVIDUALS SERVING IN MANAGERIAL OR CONSULTING CAPACITY, PRINCIPAL OWNERS, OFFICERS, MAJOR STOCKHOLDER(S) (10% OR MORE OF THE VOTE SHARES FOR PUBLICLY TRADED COMPANIES, 25% OR MORE OF THE SHARES FOR ALL

OTHER COMPANIES), AFFILIATE OR ANY PERSON INVOLVED IN THE BIDDING OR CONTRACTING

PROCESS:

a) 1. Been suspended, debarred or terminated by a local, state or federal authority in connection with a contract or contracting process;

2. been disqualified for a cause as a bidder on any permit, license, concession franchise or lease;

3. entered into an agreement to a voluntary exclusion from bidding/contracting;

4. had a low bid rejected on a local, state or federal contract for failure to meet statutory affirmative action or M/WBE requirements on a previously held contract;

5. had status as a Women’s Business Enterprise, Minority Business Enterprise or Disadvantaged

Business Enterprise, de-certified, revoked or forfeited;

6. been subject to an administrative proceeding or civil action seeking specific performance or restitution in connection with any local, state or federal government contract;

7. been denied an award of a local, state or federal government contract, had a contract suspended or had a contract terminated for non-responsibility; or

8. had a local, state or federal government contract suspended or terminated for cause prior to the completion of the term of the contract.

b) Been indicted, convicted, received a judgement against them or a grant of immunity for any business-related conduct constituting a crime under local, state or federal law including but not limited to, fraud, extortion, bribery, racketeering, price-fixing, bid collusion or any crime related to truthfulness and/or business conduct?

c) Been issued a citation, notice, violation order, or are pending an administrative hearing or proceeding or determination of violation of:

1. Federal, state, or local health laws, rules or regulations

Yes No

Yes No

Yes No

17. IN THE PAST THREE (3) YEARS, HAS THE VENDOR OR ITS AFFILIATES1 HAD ANY CLAIMS, JUDGMENTS, INJUCTIONS, LEINS, FINES OR PENALTIES SECURED BY ANY GOVERNMENTAL

AGENCY?

Indicate if this is applicable to the submitting vendor or affiliate. State whether the situation(s) was a claim, judgment, injunction, lien or other with an explanation. Provide the name(s) and address(es) of the agency, the amount of the original obligation and outstanding balance. If any of these items are open, unsatisfied, indicate that status of each item as “open” or “unsatisfied.”

Yes No

18. DURING THE PAST THREE (3) YEARS, HAS THE VENDOR FAILED TO:

a) File returns or pay any applicable federal, state or city taxes?

Identify the taxing jurisdiction, type of tax, liability year(s), and tax liability amount the vendor failed to file/pay and the current status of the liability.

b) File returns or pay New York State unemployment insurance?

Indicate the years the vendor failed to file/pay the insurance and the current status of the liability.

c) Property Tax Indicate the years the vendor failed to file.

Yes No

Yes No

Yes No

19. HAVE ANY BANKRUPTCY…