TRANSPORTATION SERVICES FOR QUEENSBURY SENIOR CITIZENS

TOWN OF QUEENSBURY TRANSPORTATION SERVICES FOR QUEENSBURY SENIOR CITIZENS 2016 BID DOCUMENTS Notice to Bidders Instructions to Bidders Bid Proposal Affidavit of Non-Collusion Certification of Compliance with the Iran Divestment Act November 19, 2015 PURCHASING AGENT: Joanne Watkins Town of Queensbury 742 Bay Road Queensbury, New York 12804 Telephone: (518) 761-8239 Facsimile: (518) 745-4445

NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that the Town of Queensbury will receive bids for the transportation services of the Queensbury Senior Citizens in 2016. The Queensbury Town Board will receive sealed proposals at the Office of the Purchasing Agent, Town of Queensbury, 742 Bay Road, Queensbury, New York, until 2:00 PM on Tuesday, December 1, 2015, and will be then be publicly opened and read aloud. The Town will not accept any bid proposal sent via facsimile to the Town Offices. All written proposals submitted in response to this notice shall be marked: SEALED BID PROPOSAL TRANSPORTATION SERVICES FOR QUEENSBURY SENIOR CITIZENS and the name of the Bidder on the outside of the envelope. The Purchasing Agent will then submit the bids to the Town Board 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 informality and accept any bids considered advantageous to the Town of Queensbury. No proposal may be withdrawn without the consent of the Town Board for a period of 45 days after the time for opening bids has passed. Bidders may obtain and examine bid documents at the Town Purchasing Agent s Office, 742 Bay Road, Queensbury, during normal business hours any weekday until 2:00 PM, Tuesday, December 1, 2015. Proposals must be made upon and in accordance with the form of bid proposal and bid documents obtainable from the Purchasing Agent, which formal Bid Proposal will contain accompanying Instructions to Bidders, Affidavit of Non-Collusion, and the Certification of Compliance with the Iran Divestment Act. BY ORDER OF THE QUEENSBURY TOWN BOARD. Publication Date: November 19, 2015 Joanne Watkins Purchasing Agent Town of Queensbury

INSTRUCTIONS TO BIDDERS 1. Scope of Services. A. The days for busing will be Tuesdays and Thursdays. Services shall be provided to any senior citizen residing in the Town of Queensbury requesting services. A Senior Citizen must be 60 or over and be registered with the Senior Citizen Transportation Coordinator. Seniors that require assistance, per a medical certificate, can be accompanied by an aide that is less than 60 years old. Services shall include transportation to and from any place or point in Queensbury, Glens Falls, Lake George, South Glens Falls, Hudson Falls, and Fort Edward designated by the Senior Citizens using the service. Please give our Seniors priority on those days. The wait time for a pick-up should not be more than 45 minutes. B. Scheduling. C. Hours. i. Each week Senior Citizens wishing to use the bus service must make a reservation with the Senior Citizen Transportation Coordinator. Calls are taken on Fridays for Tuesday busing and calls on Monday are for Thursday busing. Scheduling of bus services, home pick-up and a central place of pickup will be designated by the Senior Citizen Transportation Coordinator. Priority will be given in the following order: (1) Medical appointments; (2) Dental appointments; (3) Social security business; (4) Municipal Center business; (5) General shopping. ii. The Coordinator will furnish information concerning scheduling of times and places only. It will be the responsibility of the successful Bidder to contact the Transportation Coordinator whenever necessary or appropriate to determine how many people will need transportation, the time of pick-up, point of origination and destination. The Coordinator will not be required to furnish any other information. i. Hours of busing will be from 9:00 a.m. to 3:00 p.m. each Tuesday and Thursday. 2

ii. Bus service shall not be required on the following holidays if such days should fall on a Tuesday or Thursday: (1) Memorial Day. (2) Independence Day. (3) Labor Day. (4) Veteran s Day. (5) Thanksgiving Day. (6) Christmas Day. (7) New Year s Day. D. The successful Bidder shall be required to furnish as many buses and drivers necessary to accomplish the purposes of this contract. At least one bus, which is handicapped accessible, shall be made available when needed or requested. Although this shall not be deemed as conclusive as to what is required to satisfactorily perform this contract, use or scheduling records maintained by the Town of Queensbury for the past three (3) years shall be made available for inspection by Bidders. By submission of a bid, it shall be presumed that Bidder is familiar with the nature or extent of usage of the service during the past three years. 2. Vehicle Specifications. A. Vehicles used in connection with this Bid must: i. Be inspected and maintained in accordance with any applicable federal and state laws, rules, and regulations and the insurance required herein must be in effect at all times. ii. Meet DOT regulations for adult transportation. iii. Have adequate air conditioning and heating systems available to suitably cool the entire vehicle during warm months and heat the entire vehicle during cool months. iv. On bus-type vehicles, have handrails along the ceiling which comply with ADA, state and federal laws, rules and regulations. v. Have wheelchair lifts, which comply with ADA and all other applicable federal and state laws, rules and regulations. 3

3. Other Requirements. A. Successful bidder must provide proof that he/she is a properly licensed public carrier with authority to execute the requirements of this contract from the New York State Department of Transportation, Division of Regulatory Affairs. 4. Standard Contract Insurance Requirements A. Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs and such insurance has been approved by the Town of Queensbury. WORKER S COMPENSATION INSURANCE Contractor/vendor shall take out and maintain during the life of this contract, worker s compensation insurance and employer s liability insurance for all of his employees employed at the site of the project. GENERAL LIABILITY INSURANCE Contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability insurance in amounts not less than $1,000,000 (one million dollars) for injuries, including wrongful death, to any one person(s). $2,000,000 (two million dollars) aggregate. Property damage liability insurance in an amount of not less than $1,000,000 (one million dollars) for damages on account of any one occurrence. Or combined single limit of liability in amounts of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) aggregate. OTHER CONDITIONS GENERAL LIABILITY INSURANCE 1. Coverage shall be written on comprehensive general liability form. 2. Coverage shall include: A. Contractual liability; 4

B. Independent contractors; C. Products and completed operations. 3. The Town of Queensbury, 742 Bay Road, Queensbury, New York shall be added to the Comprehensive General Liability Policy as Additional Insured. AUTOMOBILE LIABILITY INSURANCE Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit (CSL) of $1,000,000 (one million dollars). OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE 1. Coverage shall include: A. All owned vehicles; B. Hired car and non-ownership liability coverage; C. Statutory no-fault coverage. 2. If any of the contractors/vendor s policies of insurance are canceled or not renewed during the life of the contract, immediate written notice of cancellation or non-renewal shall be delivered to the Town no less than 30 days prior to the date and time of cancellation or non-renewal. UMBRELLA LIABILITY 1. Each Occurrence and Aggregate of $5,000,000 (five million dollars). CERTIFICATE OF INSURANCE The Contractor/vendor shall file with the Town of Queensbury prior to commencing work under this contract, a certificate of insurance to be delivered to the Town of Queensbury Town Clerk s Office. 1. Certificate of Insurance shall include: A. Name and address of insured B. Issue date of Certificate C. Insurance Company name 5

D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included on certificate G. Limits of liability for all policies included on certificate H. Certificate holder shall be the Town of Queensbury, 742 Bay Road, Queensbury, New York, 12804 and named as additional insured. 2. If the Contractors/Vendor s insurance policies should be non-renewed, canceled or expire during the life of the contract, the Town shall be provided with a new certificate indicating the replacement policy information as requested above. INDEMNIFICATION CLAUSE The Contractor/Vendor agrees to protect, indemnify and save harmless the Town of Queensbury against any and all claims, suits and demands which the Contractor/Vendor may suffer because of the operation or actions of the Contractor/Vendor, its agents or employees, including but not limited to its failure to properly perform the work under the purchase order, its failure to maintain any policy of insurance required by this purchase order, its failure or refusal to provide any forms, certificates or documentation required by this agreement or law 4. Term of Agreement. The term of the agreement shall be January 1, 2016 through December 31, 2016. 5. Price, Method of Billing/Payment. Bid Proposal shall be in the form of a lump sum for the agreement period. Payment will then be made proportionately on a monthly basis. 6. No Guarantee of Usage. The Town of Queensbury does not make or furnish any estimate of the extent of usage in connection with this agreement. Bidders are free to examine aforementioned records the Town of Queensbury may have in connection with this agreement. If such information is examined, it is understood that the Town is not making any representations as to the amount of transportation that will be required to fulfill this agreement. Such information is provided for whatever worth the Bidder wishes to assign to it in connection with this Bid. No claims for deviation from past performance will be allowed. 6

7. Remedies on Breach. A. In the event of default in any of these provisions, the Town of Queensbury may terminate this agreement by giving two (2) weeks notice in writing. The Town shall not be liable for payment of the balance of payments in the event of termination. B. Disputes involving this agreement concerning breach, or alleged breach, may not be submitted to binding arbitration. Instead, such disputes must be heard in a Court of competent jurisdiction of the State of New York. C. In the event that the Town must take legal action to enforce its rights in accordance with this agreement, the successful bidder shall be liable for the Town s reasonable attorney s fees in the event that the Town is successful in the action. 8. Applicable Documents/Terms and Conditions. By execution of this Bid Proposal, Bidder agrees, in any event, that all understandings, conditions, provisions and specifications contained within these bid documents shall constitute the terms and conditions of an agreement. Furthermore, such documents shall actually be an agreement if no other agreement is entered into between the Town of Queensbury and successful bidder. 9. Assignment. Successful Bidder agrees that it will not assign the services to be rendered in accordance with this agreement to any other persons, businesses, entities of corporations without first obtaining the consent of the Queensbury Town Board. The Town Board reserves exclusive discretion in this matter. 10. Binding Effect. A. The covenants, terms and conditions contained within this agreement shall bind the Town, the Successful Bidder and its successors, heirs and assigns. B. It is hereby agreed that this agreement shall not be binding upon the Town of Queensbury until such time as it has been approved by Queensbury Town Board Resolution. 11. Illegal or Unenforceable Provisions. In the event that any term or provision of this agreement is declared illegal or unenforceable by a Court of law, the remainder of this agreement shall remain in full force and effect between the parties. 7

12. Provisions Required by Law. In the event that the laws of New York State require any other provisions to be part of this agreement, they are deemed incorporated herein and shall be binding upon both parties. 13. Independent Contractor. Successful Bidder agrees that it is an independent contractor and not an employee of the Town of Queensbury. As a result, Successful Bidder acknowledges and agrees that it has no authority and will not commit the Town to any particular agreement, commitment or any other course of action. Furthermore, Successful Bidder shall advise, when appropriate or necessary, any agency, person, business or organization that such matters must be agreed to or acted upon by the Queensbury Town Board. 14. Explanation to Bidders. Any explanation regarding intent and meaning of any bid documents shall be requested in writing to Joanne Watkins, Purchasing Agent, by November 25, 2015. 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 opening shall not be binding. 15. Bidders Understanding. A. Prior to submitting a bid, each Bidder shall familiarize him/herself with all bidding documents. The failure of omission of any bidder to receive or examine the bidding documents and/or historical usage records shall in no way relieve any Bidder from any obligation with respect to this bid. B. No claim for extra charges will be allowed because of alleged impossibilities or because of inadequate or improper specifications. 16. Bid Requirement. A. Each Bidder shall submit one (1) properly completed and signed copy of the following: i. Bid Proposal; ii. Affidavit of Non-Collusion. iii. CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT B. Each Bidder shall satisfy to the Queensbury Town Board his/her ability, financial and 8

17. Preparation of Bids. otherwise, to so provide the items and/or services required if so requested by the Town Board. Each Bidder shall base his/her bid on services complying fully with the bidding documents. In the event materials or equipment which do not conform are included in the bid by the Successful Bidder, it is agreed that he/she shall be responsible for furnishing items which fully conform, at no change in the bid price. 18. Contract Type/Bid Price. This agreement shall be a firm, fixed price agreement. 19. Submission of Bids. A. Bids shall be submitted as directed in the Notice to Bidders. All bids shall be submitted on the form provided and all appropriate spaces shall be filled. Proposals shall be submitted in an opaque, sealed enveloped marked as follows: SEALED BID PROPOSAL TRANSPORTATION SERVICES FOR QUEENSBURY SENIOR CITIZENS Name of Bidder B. Bidder shall not include any retailer, occupation or use taxes in his/her 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 Notice to Bidders. Bids received after the time so indicated shall be considered as non-responsive and will be returned unopened. D. Upon written request by the Bidder, bids may be withdrawn at any time prior to the bid opening. 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 Town s consent for a period of 45 days after the time for opening bids has passed. 20. Rejection of Bids. The Town of Queensbury reserves the right to reject any and all bids or to waive any and all informalities in any bid and accept any bid considered to be advantageous to the Town of Queensbury. 9