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4.08 4.8 BIDS\AWARD-Water Chemical—Sodium Hypochlorite—1-23-2023 RESOLUTION AWARDING BID FOR SODIUM HYPOCHLORITE RESOLUTION NO.: 12023 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Town of Queensbury duly advertised for bids for Sodium Hypochlorite in accordance with Town Water Department Bid Specifications, and WHEREAS, the Town's Purchasing Agent and Water Superintendent have reviewed the bids and recommended that the Town award the bids to the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid to the lowest responsible Bidder for the Sodium Hypochlorite to Surpass Chemical Co. for the amount of$2.36 per gallon to be paid from the appropriate Town Water Department Account(s), and BE IT FURTHER, RESOLVED, that such bid award shall be effective through May 31', 2023 with an option at such time to extend such bid award for up to two (2) additional six (6) month periods or through November 30th, 2023 or May 31', 2024, with any extended bid award to be subject to the same terms and conditions of the original bid, with no surcharges, add-ons or tariffs to be added, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January, 2022,by the following vote: AYES NOES ABSENT: Bid Opening Results Queensbury Consolidated Water District. For: Sodium Hypochlorite January 12, 2023 2:00 PM Town of Queensbury Purchasing Agent: Joanne Watkins, Witnessed by: Barbara Tierey COMPANY NAME/ BID AMOUNT Aim DAVIT oF NOSY- IRAN ADDRESS COLLUSION DIVESTMENT ACT Univar Solutions USA Inc 2.55 Gallon Yes Yes Morrisville, PA Slack {Chemical Co Inc 2.448 Galion Yes Yes Carthage, NY Surpass Chemical Co 2.36 Gallon Yes Yes Albany, NY 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 Cully paid within 30 days of receipt by the Town. 3. BUD ITEM. PRICE: Sodium Hypochlorite s a I -;'z ('Q 1 & 'L 4. The successful bidder will be required to provide unit pricing for each of the items within his bid. 5. 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 ifno other agreement is entered into, between the Bidder and the Town of Queensbury. x ` 1 G� � x DATE *SIGNA COMPANY OFFICIAL - PRINT NAME NEXT TO SIGNATURE �} ice. -Y`res da;4-- TITLE OF AUTHORIZED COMPANY OFFICIAL "' COM ANY NAME x l 5'q k'oaAy=� a COMPANY ADDRE IBC 4 > A - D I 3� d COMPANY TELEPHONE NUMBER 17. AFFIDAVIT OF NUN-COLLUSION L aklvk Y Q , 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) Afant 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 Witt 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 8 (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 payrnent under any award made hereunder_ Signed Subscribed and sworn to before me this (d""day of )At\Vicin4�, 2llt Notary Public JESSICA A BRUNDAGE NOTARY PUBLIC-STATE OF NEW YORK No- GISRS417808 O"alif fed in Albany Cpunty MY Commission Expires 05-74-2025 9 x " 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, bein duly swam deposes n says #hat he/she o f t h e tiy1 Y .� 5 41e1 ►�iC0a t� , Corporation. By submission of this bid, each bidder and each persons . � on�ehalf 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. J 4W AdpWt =044 07 SIGNED SWORN to before me this "V71 day of Grk Air, . 11 204 Notary Public: JESS{CA A RUNDAGE NOTARY PUBLIC-STATE OF NEW YORK No. 01 B#it3417808 10 r]"s- " :rl in Aihr+nv County