192.95B
TOWN OF QUEENSBURY
PURCHASE OF
TRACK TYPE TRACTOR WITH BULLDOZER
BID DOCUMENTS, SPECIFICATIONS
March 20, 1995
OWNER - THE TOWN OF QUEENSBURY
DEPARTMENT: HIGHWAY
PAUL H. NAYLOR
HIGHWAY SUPERINTENDENT
742 Bay Road
Queensbury, New York 12804
(518) 745-4464
PURCHASING AGENT: Darleen M. Dougher
Town Clerk
Town of Queensbury
742 Bay Road
Queensbury, New York 12804
Telephone: (518) 745-4420
NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN
that the Town of Queensbury, on behalf
of the Town of Queensbury Highway Department, is interested in
purchasing a Track Type Tractor with Bulldozer, in accordance with
the specifications on file with the Town Clerk of the Town of
Queensbury, at the address listed below. The Town does want to
trade certain machinery and bidders are required to provide a lump
sum bid that provides credit for the machinery identified in the
specifications as that to be traded in.
The sealed proposals will be received by the Town Board of the
Town of Queensbury at the Office of the Town Clerk in the Town of
Queensbury, 742 Bay Road, Queensbury, New York, until 2:00 p.m., on
April 3, 1995, and will be, at 2:05 p.m., publicly opened and read
aloud. The Town Clerk will then submit the Bids to the Town Board
of the Town of Queensbury at its next regularly or specially
scheduled meeting for consideration and approval, if any.
The right is reserved to reject any or all Bids or to waive
any informalities and any bids and to accept any considered
advantage 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No proposal may be withdrawn without the consent of the Town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 of the Town of Queensbury for a period of 45 days after the
time for opening bids has passed.
Specifications for the said Track Type Tractor with Bulldozer
may be examined and obtained at the Office of the Town Clerk of the
Town of Queensbury, 742 Bay Road, Queensbury, New York 12804,
between the hours of 8:00 a.m. and 5:00 p.m., any weekday from
March 21, 1995 to April 3, 1995.
Bidders may request further information and inspect machinery
to be traded, if necessary, by contacting the Town Highway
Superintendent, Paul H. Naylor. The Highway Department is located
at 742 Bay Road, Queensbury, Warren County, New York 12804 - (518)
745-4463.
Proposals must be made upon and in accordance with the form of
proposal prepared and obtainable from the aforesaid Town Clerk,
which formal proposal will contain accompanying instructions to
Bidders and a copy of the specifications for said Track Type
Tractor with Bulldozer, which specifications also identify the
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machinery to be traded. All statements and requirements of the
form proposal, this advertisement, the Instructions to Bidders, and
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 TOWN BOARD OF THE TOWN OF QUEENSBURY.
Dated: _______________, 1995
Signed: ________________________
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY
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INSTRUCTIONS TO BIDDERS
Receipt of Bids
1. - Sealed proposals will be received by the
Town Board of the Town of Queensbury at the Office of the Town
Clerk of the Town of Queensbury, Queensbury Town Office Building,
742 Bay Road, Queensbury, Warren County, New York, until 2:00 p.m.,
April 3, 1995. The bids received will be opened at 2:05 p.m., and
publicly read aloud in the Office of the Town Clerk of the Town of
Queensbury. The bid proposals will be submitted to the Town Board
of the Town of Queensbury at its next regularly or specially
scheduled Town Board Meeting, for its consideration and approval,
if any.
Payment Procedures
2. -
A. Full payment for said Track Type Tractor with
Bulldozer shall be made within 30 days of receipt. The Town of
Queensbury shall not be obligated to pay for the Track Type Tractor
with Bulldozer until it is received and satisfactorily operating.
B. If the Track Type Tractor with Bulldozer is not
received within 45 days from the date of award of the bid, the Town
will not be obligated to purchase the Track Type Tractor with
Bulldozer, and will not be responsible for payment, if said is not
purchased.
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Procurement of Bidding Documents
3. - Specifications and
bidding documents can be examined and obtained at the Office of the
Town Clerk of the Town of Queensbury, Queensbury Town Office
Building, 742 Bay Road, Queensbury, Warren County, New York,
between the hours of 8:00 a.m. and 5:00 p.m., commencing March 21,
1995.
Explanation to Bidders
4. - Any explanation regarding intent
and meaning of bidding specifications or other bidding documents
shall be requested in writing to Paul H. Naylor, Highway
Superintendent, 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.
Bidders Understanding
5. -
A. Inspection of Specifications - Bidders shall inform
themselves of the Track Type Tractor with Bulldozer and machinery
to be traded.
B. Bidders may contact Paul H. Naylor, Highway
Superintendent, for information on the Track Type Tractor with
Bulldozer and machinery to be traded.
C. Documents - Before submitting a proposal, each
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contractor shall familiarize himself with the bidding documents
which include the Notice to Bidders, Instructions to Bidders, Bid
Proposal, Affidavit of Non-Collusion and specifications.
D. 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 has examined the bidding
documents, and that the specifications are adequate and the
required item can be provided under the specifications.
E. No claim for extra charges will be allowed because
of alleged impossibilities or because of inadequate or improper
specifications.
F. Bid Requirements -
1. Each bidder shall submit one (1) properly
completed and signed copy of the following: Bid Proposal, Non-
Collusive Affidavit.
2. Each bidder shall satisfy to the Town Board of
the Town of Queensbury, his ability, financial and otherwise, to so
provide the item requested, if so requested by the Town Board of
the Town of Queensbury.
G. 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 bid materials which do not conform, if
awarded the contract he shall be responsible for furnishing items
which fully conform, at no change in his contract price.
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2. It is not the intention of these documents to
limit competition or restrict the use of items which may be equal
to those mentioned by name. If bidders wish to substitute other
items for those specified, they shall submit alternate proposals
stating the names and description of the alternate items and the
alternate prices.
3. Each bidder shall submit with his proposal,
special data, if any, in respect to alternates, or other items
which any section of the bid documents require to be submitted with
each proposal.
4. Lump sum, firm bids, only will be accepted.
Submission of Bids
6. -
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.
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
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withdrawn at any time prior to the expiration of the time for
submitting bids. Negligence on the part of the bidder in preparing
his bid shall not constitute a right to withdraw his 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.
Rejection of Bids
7. - The right is reserved to reject any
and all bids or to waive any informality in any bid, and to accept
any considered advantage to the Town of Queensbury.
Warranties
8. - Bidders shall supply any and all warranties
that apply to the purchase and the same 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.
Collusive Agreements
9. - Each person submitting a bid to the
Town of Queensbury for the items contemplated by the bidding
documents shall execute an affidavit in the form herein provided,
to the effect that he has not colluded with any other person, firm,
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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 bid.
Statement of Bidder's Qualifications
10. - The Town Board of
the Town of Queensbury 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
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.
Delivery Time
11. - Any bid which indicates a delivery time
greater than 45 days shall be rejected by the Town as not in
compliance with the required bid specifications.
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AFFIDAVIT OF NONCOLLUSION
_________________________, being first duly sworn on oath
deposes and states:
(a) That in connection with this procurement,
(1) 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;
(2) 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
(3) 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.
(b) The undersigned further states
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(1) he is the person in the bidder's organization
responsible within that organization for the decision as to the
prices being bid herein and that he has not participated, and will
not participate, in any action contrary to (a)(1) through (a)(3)
above; or
(2) (a) he 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 he 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 (a)(1) through
(a)(3) above, and as their agent does hereby so certify; and (b) he
has not participated and will not participate, in any action
contrary to (a)(1) through (a)(3) above.
(c) 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.
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For Corporations: ____________________________________
(Corporate Seal) (Name) Indicate if corporation,
partnership or sole proprietor
Attest:
_____________________ ____________________________________
(Office held in Bidder Organization)
Subscribed and sworn to before me this ____ day of _________,
1995.
____________________________________
Notary Public
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BID PROPOSAL
To: TOWN OF QUEENSBURY:
1. The undersigned hereby declares that he 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 has carefully
examined the annexed form of bid documents and specifications
therein referred to, and will provide the specified Track Type
Tractor with Bulldozer, for the lump sum stated herein, which lump
sum includes a credit for machinery to be traded.
3. The Track Type Tractor with Bulldozer shall be supplied in
accordance with the time period indicated. Bidder understands that
the time schedule must be adhered to, or owner will not be
obligated to purchase the Track Type Tractor with Bulldozer if not
received and the traded machinery is not removed within 45 days
from the date of award of the bid.
4. The undersigned will provide a warranty for said Track
Type Tractor with Bulldozer as follows:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________.
5. LUMP SUM PRICE (INCLUDING DELIVERY AND SET UP AND
INCLUDING CREDIT FOR MACHINERY TO BE TRADED IN):
A) Price for new machinery: $_______________
B) Allowance for used machinery: $_______________
C) Lump Sum Price (with credit
for trade-in and including
delivery and set up): $_______________
6. DELIVERY DATE: _________________________________________.
7. 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
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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.
Date: __________________ Signature: ________________________
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