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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 No proposal may be withdrawn without the consent of the Town Board of the Town of Queensbury for a period of 45 days after the time for opening bids has passed.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 1 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 2 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. 3 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 4 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. 5 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 6 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, 7 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. 8 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 9 (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. 10 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 11 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 12 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: ________________________ 13