TOWN OF NEWBURGH, NEW YORK
NOTICE TO BIDDERS
COLD MILLING FOR THE YEAR 2008
The Town Board of the Town of Newburgh, County of Orange, New York, hereby
invites the submission of sealed bids for Cold Milling (Cold Milling machine, all materials,
supplies and labor) for town roads in the Town of Newburgh, New York during the period
commencing upon the notice of award of the contract by the Town and ending December 31,
Bids must be in writing on the forms furnished and shall be subject to the
conditions contained in the Instruction to Bidders and Specifications as well as the following: (1)
the Town Board reserves the right to reject all bids and re-advertise for new bids; (2) all bidders
shall be prepared to submit proof of responsibility as required by the Town Board; (3) each bid
must contain the certificates set forth and required by Sections 103-a, 103-b and 103d of the
General Municipal Law relating to non-collusion and grounds for cancellation; (4) no bidder
may withdraw his bid within 45 days after the actual date of the opening of the same; and (5) no
minimum or maximum quantities being specified, amounts to be ordered shall be at the option of
the Superintendent of Highways.
Detailed specifications for the above item(s) may be secured at the Town Clerk's Office,
1496 Route 300, Newburgh, New York 12550. A bid bond of $5,000.00 is required.
All bids are to be submitted on bid forms obtainable at the Town Clerk's Office, 1496
Route 300, Newburgh, New York 12550 and shall be contained in sealed envelopes marked
“Cold Milling Bid”.
Sealed bids will be received by the undersigned on behalf of the Town Board up until
10:00 a.m. on April 11, 2008 at the Town Clerk's Office, 1496 Route 300, Newburgh, New York
12550 when the same will be publicly opened and read aloud. The Town Board reserves the
right to reject any or all bids and to waive any irregularity in a bid as the interests of the Town
BY ORDER OF THE TOWN BOARD OF THE
TOWN OF NEWBURGH
ANDREW J. ZARUTSKIE, TOWN CLERK
March 12, 2008
BID PROPOSAL TO FURNISH
IN RESPONSE TO THE NOTICE TO BIDDERS
SPECIFICATIONS AND INSTRUCTIONS TO BIDDERS
FOR PROVIDING COLD MILLING FOR THE YEAR 2008
TO THE TOWN OF NEWBURGH HIGHWAY DEPARTMENT
The undersigned, having a principal place of business at the address given below and
having familiarized himself/herself with the terms and conditions of the Bid Invitation,
Information for Bidders and Specifications and being experienced and responsible for the
performance of the same, proposes to provide a Cold Milling machine and all materials, supplies
and labor necessary to complete the work to the Town of Newburgh Highway Department in
accordance with the Bid documents and all applicable N.Y.S. Department of Transportation
specifications as follows:
For the period commencing on the contract award to December 31, 2008,as specified
in the “Specifications and Instructions to Bidders for Providing Cold Milling to the
Highway Department of the Town of Newburgh, New York” for the following prices of:
A. Cold Milling Service Unit Price
$_____________________________(price in figures) per 8-hour day
______________________________DOLLARS(price in words) per 8 hour day;
B. Mobilization Unit Price to Newburgh, New York (A maximum of one (1)
mobilization may be charged.
$___________________________ (price in figures) per mobilization ( 1 mobilization
____________________________ DOLLARS (price in words) per mobilization (1
C. Low-bed equipment move within Newburgh, New York Unit Price (An estimated
minimum three (3) moves will be used in calculating the low bid. The Town
reserves the right, however, to authorize and direct additional lowbed equipment
moves within Newburgh, which will be paid for at the quoted unit price.)
$___________________________ (price in figures) per move
____________________________ DOLLARS (price in words) per move.
By signing this Bid Proposal, the undersigned expressly acknowledges that he/she has
reviewed and understands the material contained in the information to bidders and the
specifications provided. Further, the undersigned understands that the contract with the Town of
Newburgh will contain the material set forth in the Information to Bidders, the Bid
Specifications and such additional material as the Town Board may deem appropriate.
DATED: This _____ day of ______, 2008.
NO BID WILL BE ACCEPTED UNLESS THE SAME IS SIGNED.
SEALED BIDS TO BE CLEARLY MARKED “COLD MILLING BID”
STATEMENT OF EXPERIENCE
AND GENERAL INFORMATION
Please complete the following qualification questions as provided for herein. Bidders are
responsible for submission of accurate and clear descriptions of the information requested.
Omissions, vagueness or inaccurate descriptions or responses shall not be interpreted in favor of
the bidder and shall be grounds for bid rejection.
A) Experience: The bidder should be able demonstrate that the bidder has had
acceptable prior experience in providing Cold Milling services. This may be satisfied by listing
municipal clients to which your company has provided Cold Milling services to, contact person,
and telephone number for each year from 2005 to 2007.
Contact Person: ___________________________
Phone # ___________________________
Contact Person: ___________________________
Phone # ___________________________
Contact Person: ___________________________
Phone #: ___________________________
B. General Background Information:
Bidder’s Main Office: ___________________________________
Manager’s Name (Contact):_________________________________
Firm’s Legal Name:________________________________________
Street Address (Box Numbers):______________________________
Name of assigned site supervisor:____________________________
NON-COLLUSIVE BIDDING CERTIFICATION
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 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, partnership or corporation to submit or not to submit a bid for the purpose of restricting
The bidder further certifies that this bid is made without any connection with any other person
making a bid for the same purpose, and is in all respects fair and without collusion or fraud, and
that no elected official or other officer or employee or person whose salary is payable in whole
or in part from the Town treasury is directly or indirectly interested therein, or in supplies
materials and equipment to which it relates, or in any portion of the profits thereof.
Bidder Name and Address:___________________________
Signature (Authorized): BY:___________________________
CERTIFICATE OF COMPLIANCE
WITH GENERAL MUNICIPAL LAW
SECTIONS 103-a AND 103-b
GROUND FOR CANCELLATION OF CONTRACT BY MUNICIPAL
Upon the refusal of a person, when called before a grand jury to testify concerning any
transaction or contract had with the State, and political subdivision thereof, a public authority or
with any public department, agency or official of the State or of any political subdivision thereof
or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or
to answer any relevant question concerning such transaction or contract, a. such person, and any
firm, partnership or corporation, of which he is a member, partner, director or officer shall be
disqualified from thereafter selling to or submitting bids to or receiving awards from or entering
into any contracts with any municipal corporation or any public department, agency or official
thereof for goods, work, or services, for a period of five years after such refusal, and b. any and
all contracts made with any municipal corporation or any public department, agency or official
thereof, since the effective date of this law, by such person, and by any firm, partnership or
corporation of which he is a member, partner, director or officer may be canceled or terminated
by the municipal corporation without incurring any penalty or damages on account of such
cancellation or termination, but any monies owing by the municipal corporation for goods
delivered or work done prior to the cancellation or termination shall be paid. This condition shall
be further subject to any other provisions or subsequent amendments to Section 103a and 103b
of the General Municipal Law.
In acknowledgment of the above:
Bidder's Business Name
BID BOND TO BE INSERTED/ATTACHED
INSTRUCTIONS TO BIDDERS
FOR THE TOWN OF NEWBURGH, NEW YORK
1. Cold Milling will be provided for road projects and maintenance on an “as needed” basis
during the period ending December 31, 2008.
2. Bidder will furnish: one (1) Cold Milling machine with a minimum milling width of 6’3”.
3. Bid will be submitted on per day basis, with each day consisting of a minimum of eight (8)
hours, in consideration of supplying all equipment, labor materials and supplies necessary to
complete the work in compliance with New York State specifications. The Bidder will be
compensated for each of those eight (8) hour days on which services are actually performed.
4. Work hours are to be Monday through Friday; 7:00 A.M. – 3:00 P.M. and are to be considered
"regular" work hours. No work will be done during regular scheduled holidays, weekends, and
5. A maximum of One (1) mobilization charge to Newburgh, New York is permitted to be
6. A minimum of three (3) moves by lowbed equipment within Newburgh, New York are
anticipated and the bid will include a unit price per lowbed equipment move. (The Town
reserves the right to authorize and direct additional lowbed equipment moves within Newburgh,
New York, which will be paid for at the quoted unit price.)
7. A bid bond of $5,000.00 is required to be submitted with the bid to secure completion of the
8. All vendors must provide proof of insurance for all vehicles and employees while working on
Town property. A certificate of insurance must be submitted by the awarded vendor to the Town
Clerk before the start of work. This certificate of insurance must name the Town of Newburgh as
an additional insured.
9. The Town of Newburgh expects all vendors to be familiar with all OSHA Safety Rules,
Regulations, and Guidelines and adhere to all of these.
INSTRUCTIONS TO BIDDERS AND GENERAL SPECIFICATIONS
1. Bidders interested in bidding on the referenced items should read the entire document. The
vendor must complete all sections of this document including Forms A, B, C and D and sign
where indicated and also submit a bid bond in the amount of $5,000.00. Your signature
identifies your acceptance of all terms and conditions herein. Bids must be signed by the
authorized representative/officer/agent of the bidder. The Town of Newburgh shall be the sole
judge as to whether any bid complies with these specifications, and such a decision shall be final
2. All bidders must fill in the prices being requested in the places and formats indicated. All
blank spaces in said bid shall be filled in and no changes shall be made in the phraseology, or in
the items, terms and conditions contained therein. Each bid must be submitted on the prescribed
form and all blank spaces for bid prices must be filled in ink or typewritten in both words and
figures. Bid prices shall include all labor, materials (other than gasoline) and equipment
necessary to complete the work in accordance with the contract documents or these
specifications and instructions. All prices must be NET, F.O.B. to the Town of Newburgh
Highway Department, 90 Gardnertown Road, Newburgh, unless otherwise indicated. Negligence
on the part of the bidder in preparing a bid confers no right of withdrawal or modification of a
bid after such bid has been opened. The Town of Newburgh is exempt from the New York sales
tax and Federal excise taxes.
3. Completed bids should be sent to the following address: Town Clerk, 1496 Route 300,
Newburgh, New York 12550. All bids must be properly signed and received by the time and
date specified in order to be valid. The Town will not be held responsible for those bids lost in
the mail or addressed to a Town facility other the Town Clerk’s Office, 1496 Route 300,
Newburgh, New York 12550.
4. Please indicate “Cold Milling Bid” on the outside of your submitted sealed bid. Bids
submitted in unmarked envelopes which are opened by the Town in its normal course of business
will not be accepted. If time permits, the proposals will be returned to the bidder informing them
that the proposal may be resubmitted in a sealed envelope properly marked as indicated above.
5. Awards will be made, if at all, to the "lowest responsible bidder" meeting the specifications.
The Town reserves the right to reject any and all bids or portion thereof, or any bids that are
vague, incomplete or indefinite. The Town may make such investigation as it deems necessary to
determine the ability of the bidder to perform the work. The bidder shall furnish to the Town all
such information for this purpose as the Town may request. The Town reserves the right to reject
any bid if the evidence submitted by or discovered by investigation of a bidder fails to satisfy the
Town that such bidder is qualified to carry out the obligations of the contract and to the work
6. The submission of the bid proposal shall constitute an irrevocable offer which shall remain in
full force and effect until the bid proposals received by the Town are either accepted or rejected.
7. Bidders are advised to become familiar with all conditions, instructions and specifications
governing this bid. Once the award has been made, failure to have read all the conditions,
instructions and specifications shall not be cause to alter the original bid. All bids must be priced
as specified in the bid specifications or on the bid form submitted, and must be signed and dated.
No exceptions will be allowed with regard to errors made in the computation of a bid. Purchases
by the Town of Newburgh are not subject to any federal, state or local taxes. Do not include any
of these taxes when bidding or invoicing. Exemption certificates will be furnished upon request.
8. Any deviation from specifications shall be clearly stated and fully explained by accompanying
specification sheets with submitted bid. Unless qualified by the provision NO SUBSTITUTE ,
the use of the name of a manufacturer, brand, make or catalog designation in specifying an item
does not restrict Bidders to the manufacturer, brand, make or catalog designation identification.
This is used simply to indicate the character, quality and/or performance equivalence of the
commodity desired, but the commodity on which bids are submitted must be of such character,
quality and/or performance equivalence that it will serve the purpose for which it is to be used
equally as well as that specified. In submitting bids on a commodity other than as specified,
Bidder shall furnish complete data and identification with respect to the alternate commodity
he/she proposes to furnish. The Town reserves the right to make final determination of
equivalency. Consideration will be given to bids submitted on alternate commodities to the
extent that such action is deemed to serve best the interests of the Town. If the Bidder does not
indicate that the commodity he proposed to furnish is other than specified, it will be construed to
mean that the Bidder proposes to furnish the exact commodity described.
9. The prices quoted herein, if accepted, will be considered guaranteed, unadjustable prices for
the terms stated herein, unless otherwise so identified in other sections of this bid request. Once
bids are opened the prices shall remain firm for forty five (45) days after the bid opening.
10. This bid agreement shall override any previous agreements for this item (s), except as
otherwise provided herein.
11. The Town of Newburgh reserves the right to reject any and all bids if deemed in the best
interest of the Town to do so. The Town shall have the authority to award orders, contracts, or
services to the bidder(s) best meeting the specifications and conditions as judged solely by the
12. All services shall be performed as described in this bid and shall comply in all respects with
applicable Federal, State, County, and Town Statues and Codes. Bidder warrants that all goods
and services furnished hereunder shall be designed, constructed and performed so as to comply
with the Occupational Safety and Health Act as amended from time to time, and the rules,
regulations and standards issued thereunder by any applicable governmental authority which as
of the date of performance will apply to the goods and services furnished hereunder
13. The Town Board shall determine whether bid exceptions are minor in nature or represent a
serious departure from the purpose and intent of the specifications and whether or not the best
interests of the Town will be promoted by waiving original requirements and accepting
14. The Town of Newburgh assumes no responsibility and no liability for costs incurred by
bidders prior to the issuance of an agreement, contract or purchase order.
15. Bidders who submit a Bid(s) in response to this bid may be required to give an oral
presentation of their Bid(s). The purpose of such presentation is to provide an opportunity for the
bidder to clarify or elaborate on their bid.
16. It is mutually understood and agreed that the successful bidder shall not assign, transfer,
convey, subcontract or otherwise dispose of its contract or its right, title or interest therein, or its
power to execute such contract, to any other person, firm or corporation, without the previous
written consent of The Town of Newburgh. Failure to comply with this requirement will result in
the cancellation of the contract
17. To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold
harmless the Town of Newburgh, its agents, representatives, officers, directors, officials, and
employees from and against all claims, damages, losses and expenses, including, but not limited
to, attorney fees, court costs, expert witness fees, and the cost of appellate proceedings, relating
to, arising out of, or alleged to have resulted from the acts, errors, omissions or mistakes relating
to the Bidder’s or its subcontractors performance of this Contract. Contractor’s duty to defend,
indemnify and hold harmless the Town, its agents, representatives, officers, directors, officials,
and employees shall arise in connection with any claim, damage, loss or expense that is
attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of
property, including loss of use resulting therefrom, caused by any acts, errors, omissions or
mistakes in the performance of the work hereunder including any person for whose acts, errors,
omissions or mistakes the Bidder may be legally liable or by reasons of the Bidder’s or
subcontractor’s use of faulty, defective or unsuitable materials, tools, or equipment of defective
design in constructing or performing under this bid. The amount and type of insurance coverage
requirements set forth herein will in no way be construed as limiting the scope of the indemnity
in this paragraph. The bidder shall reimburse the Town of Newburgh for damage to property of
the Town of Newburgh caused by the bidder, or his employees, agents, subcontractors or
material men or by faulty, defective or unsuitable material or equipment used by him or them.
Bidder agrees that he will indemnify and hold the Town harmless for all claims arising out of the
lawful demands of subcontractors, laborers, suppliers and assignees. Bidder further agrees to
assume and pay for the defense of all such claims, demands, suits, proceedings and litigation.
The provisions of this paragraph shall survive the expiration or early termination of the
18. The agreement arrived at from this solicitation shall be construed under the laws of the State
of New York. All claims, actions, proceedings, and lawsuits brought in connection with, arising
out of, related to, or seeking enforcement of this contract shall be brought in the Supreme Court
of the State of New York, Orange County. The Town requires contractors which are not
incorporated in the State of New York to produce a Certificate to Do Business in the State of
New York from the New York Secretary of State prior to executing their contract with the Town.
Awarded bidder shall provide said certificate of required.
19. Any violation of the terms, conditions, requirements and/or non-performance of the contract
shall result in immediate cancellation. The bid award may be immediately cancelled upon written
notice for cause, including, but not limited to, the following:
(A) failure to provide personnel or equipment to the Town’s satisfaction or failure in any other
way deliver to perform or provide service within the terms of contract;
(B) failure of the equipment or service to meet specifications;
(C) misrepresentation by the vendor;
(D) fraud, collusion, conspiracy, or other unlawful means of obtaining any contract with the
Town of Newburgh;
(E) conflict of contract provisions with constitutional or statutory provisions of the laws of the
State of New York or federal law; and
(F) any other breach of contract.
20. The Town of Newburgh reserves the right without cause or penalty, to terminate the contract
award at any time upon thirty (30) days written notice, when it has been determined to be in the
best interest of the Town. Cancellation does not release the Vendor from its obligation to
provide goods or services per the terms of the contract during the notification period.
21. Bidders are responsible for submission of accurate, adequate and clear descriptions of the
information requested. Omissions, vagueness or inaccurate descriptions or responses shall not be
interpreted in favor of the bidder and shall be grounds for bid rejection. (Bids must be provided
for all services; a blank space will denote a “zero” bid.) The Town reserves the right to delete
any part of the services quoted at its discretion. Should the bidder find any omissions,
discrepancies or errors in the specifications or other contract documents or should the bidder be
in doubt as to the meaning of the specifications or other contract documents, the bidder should
immediately notify the Town Clerk, who may correct, amend or clarify such documents by a
written interpretation or addendum. No oral interpretation shall be made to any bidder and no
oral statement of the Town or any agent or representative of the Town shall be effective to
modify any of the provisions of the contract documents. The Town of Newburgh shall have the
right to request clarifications of bids submitted and hold public meetings for the consideration of
the merits of any or all bidders.
22. Bids are solicited only from competent, experienced and financially qualified vendors who
meet all the qualifications and or specifications of this bid document as determined solely by the
Town of Newburgh. Please complete the qualification and requirement questions as provided for
herein. Bidders are responsible for submission of accurate and clear descriptions of the
information requested. Omissions, vagueness or inaccurate descriptions or responses shall not be
interpreted in favor of the bidder and shall be grounds for bid rejection.
23. Bidder certifies that the bidder does not discriminate on the basis of race, color, sex, national
origin, age, disability or other criteria prohibited by law. Bidder further certifies that it is in
compliance with the American with Disabilities Act
24. Each and every provision and clause required by law to be inserted in this agreement shall
be deemed to be inserted herein and the agreement shall be read and enforced as though such
provisions and clauses were included herein. If, through mistake or otherwise, any such
provision is not inserted or is not correctly inserted, then, upon the written consent of the parties,
this agreement shall forthwith be physically amended to make such insertion.
25. If any of the provisions hereunder conflict with the provisions of any specifications attached
hereto or issued in connection herewith, the contractual provisions of these instructions shall
control. Notwithstanding the foregoing, the Town of Newburgh reserves the right to issue written
clarification regarding resolution of any conflicting provisions, in which event such written
clarification shall control.
26. The bidder shall carry at its expense and provide evidence of insurance coverage listed
below to protect itself and the Town of Newburgh from and against liability, loss, damage,
expense, cost (including without limitation to litigation and court costs and attorneys’ fees) out
of or in connection with the performance of any work performed in accordance with the
specifications or any related documents, whether such work is performed by the bidder or any
subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable. Coverage must be written with insurance companies
licensed in the State of New York. The insurance company writing coverage must have at least
an A- rating by Best & Company. All policies shall provide a thirty (30) day advance notice of
cancellation to the Town of Newburgh.
Commercial General Liability
Limits of Liability:
$1,000,000 each occurrence
$2,000,000 general aggregate
Limits of Liability:
$1,000,000 each accident
Excess (Umbrella) Liability:
The requirement that an Umbrella Policy be provided will depend on a case-by-case evaluation.
Your exposure to catastrophic loss arising from the work or service being performed will
determine the limit required.
Note: Special policy endorsement or additional coverage's may also be required based on the
special nature of the work of service being required (Professional Liability, E&O, D&O, Sexual
Abuse and Molestation coverage and Bonds).
Certificates of insurance shall be presented to the Town Clerk for approval before the successful
bidder, its agents and/or employees commence any work whatsoever pursuant to the contract.
INSURANCE CERTIFICATES SHALL NAME THE TOWN OF NEWBURGH, NEW
YORK, 1496 ROUTE 300, NEWBURGH, NY 12550 AS AN ADDITIONAL INSURED
PARTY AND SHALL STATE THAT ALL COVERAGE SHALL BE PRIMARY TO ANY
OTHER INSURANCE COVERAGE HELD BY THE ADDITIONAL INSURED.
27. Vouchers in approved Town of Newburgh format together with invoices shall be furnished
to the Newburgh Highway Department for verification and approval of the amount due the
successful bidder on a monthly basis. Final payment shall not be made until final acceptance by
the Town of Newburgh of services. Payment shall generally be made within 30 days after
approval and acceptance by the Newburgh Town Board. If a successful bidder is in default
hereunder and/or the Town of Newburgh is of the opinion that a meritorious claim exists or will
exist against such bidder of the Town arising out of the negligence of such bidder, then the Town
may withhold payment of any amount otherwise due and payable hereunder. Any amount so
withheld may be retained by the Town for such period as it may deem advisable to protect the
Town against any loss and may, after written notice to such bidder, be applied in satisfaction of
any claim herein described. This provision is intended solely for the benefit of the Town and no
person shall have any right against the Town or claim against the Town by reason of the Town’s
failure or refusal to withhold monies. This provision is not intended to limit or in any way
prejudice any other right of the Town and no interest shall be payable by the Town on any
amounts withheld under this provision.