NOTICE IS HEREBY GIVEN that the Town Board of the Town of Austerlitz (the “Owner”) invites sealed bids for the installation of a 22-kW roof mounted south facing solar panel system. The system shall be placed on the roof of the town highway garage which is located near 714 State Route 203 in Spencertown, NY.
All bids must be received by 10:00am, Tuesday, May 19, 2020 to be considered. Any bid received after the deadline cannot be considered. Sealed bids are to be marked on the envelope as “BID FOR Town of Austerlitz Highway Garage Solar Panel Project”.
Bids are to be delivered by mail to – Sue Haag/Town Clerk, PO Box 238, Spencertown, NY 12165.
The bids will be opened by the Town Clerk at 10:00 am on Tuesday, May 19, 2020 and will be considered by the Town Board at the Town Board meeting on May 21, 2020.
Acceptance of bids hereunder and the awarding of contracts by the Town of Austerlitz shall be contingent upon the bids being in an amount acceptable to the Town Board as authorized and required by law. Proof of insurance is required.
The Town of Austerlitz reserves the right to reject any and all bids, to waive any and all informalities and the right to disregard all non-conforming, non-responsive conditional bids. All proposals become the property of the Town of Austerlitz.
Bid documents can be obtained on the Town’s website at

The proposer must install up to a 22kW roof mounted south facing solar panel system. The system shall be placed on the roof of the town highway garage which is located near 714 State Route 203 in Spencertown, NY.
The 22-kW array is expected to produce up to 27,000 kWh/year, equivalent to an annual greenhouse gas (GHG) reduction of around 12 MTCO2e. The project is sized to support the electrical usage of both the garage and town hall and should make use of net metering.
The proposer must be an approved NYSERDA Quality Solar Installer, i.e. a participating NY Sun Contractor. For residential and small commercial systems, visit For large commercial and industrial systems, visit
The proposer must demonstrate that the roof of the town highway garage can sustain the weight of the solar panels, and the weight of any individuals or equipment necessary for the subsequent repairs, replacement or removal of the solar panels.
According to our engineer, the building roof structure consists of a pre-engineered metal building with rigid main frame steel superstructure and steel purlins. The building frame consists of four (4) main beams that are placed at twenty-five (25’) foot spacing running north to south, the secondary roof framing runs east-west between the main frame members. The spacing of the secondary purlins framing varies. The size and spacing of the existing roof purlins limit the allowable loading of the roof structure. Therefore, the size and configuration of the array must be limited in order to avoid over stressing the purlin members. The engineer recommends that the array be limited to placing two (2) solar panels placed horizontally over each of the interior main frame members.
The proposer must demonstrate that the solar panels are accessible for subsequent repairs, replacement or removal.
The proposer must comply with all applicable building codes.
Proposers must have prior experience successfully installing at least 5 commercial solar panel arrays and be able to provide at least 3 (three) references. Please include a statement of qualifications that demonstrates experience with similar projects.
The successful bidder will provide at least one hour of training with Town staff and other interested members of the public.
The proposal should include a line item price for the job including the hardware, any annual software or other maintenance costs for the first two years of operation, warranty costs, site preparation, and electrical installations.
The project is dependent on grant funding from NYSERDA and funding from the Town of Austerlitz. A grant has been awarded, but NYSERDA must approve the specific project from the winning bidder before construction can commence.
We encourage a site visit by appointment to further your understanding of where the solar panels will be located and related requirements.

1.1. Visit the Site of the Work prior to submitting bid to further your understanding of where the charging station will be located, site conditions and related requirements. Visits may be scheduled by appointment.
1.2. Assume the risk of encountering any subsurface or other latent physical condition that can be reasonably anticipated inspection and examination of the Site.
1.3. Interpretations of Contract Documents by any person other than the Owner’s designated agent or personnel are not binding.
2.1. Direct all questions regarding the intent or meaning of the drawings or specifications to Deputy Supervisor, Greg Vogler, 816 Route 203, Spencertown, New York 12165, telephone (518) 392-3260, fax (518) 392-9350. EMAIL This email address is being protected from spambots. You need JavaScript enabled to view it. Such an inquiry may be telephoned or submitted in writing.
2.2. The reply to such an inquiry, when deemed necessary will be communicated by Addendum to all persons who have obtained drawings and specifications.
2.3. Pre-bid inquiries answered by means other than Addenda will not be binding.

3.1. Prepare each bid on the attached bid form. Enter all amounts in numerals in whole dollar amounts. Make no erasures, cross-outs, whiteouts, write-overs, obliterations, or changes of any kind in the Bid Form phraseology, in the entry of unit prices, or anywhere on the Bid form. Fill in all blank spaces legibly. An illegible entry may disqualify the bid in its entirety. If a mistake is made, use a new Bid form. No post bid meetings will be afforded to any bidder to explain or clarify illegible or changed entries.
3.2. If the Scope of Work contains Alternates, indicate the amounts to be added to or deducted from the base bid in the spaces provided on the Bid Form. If the Work is to be performed at no change in cost, indicate the word ‘NONE.” Any bid which fails to indicate an amount with the words “ADD” or “DEDUCT” or the word “NONE”, for each alternate, will be held to be informal and may be rejected.
3.3. Sign the Bid Form in the space provided. An officer or a principal of a corporation or a partnership signing for the bidder shall print or type the legal name of the person, partnership, or corporation on the line provided and place his/her signature after “SIGN BID HERE”. The same procedure shall apply to the bid of joint venture by two or more firms, except that the signature and title of an officer or a principal of each member firm of the joint venture shall be required. All signatures must be original. Mechanically reproduced signatures or copies are not acceptable.
3.4. Mailing Address: Include street address. Addenda sent by other than US Postal Service cannot be delivered to Post Office Boxes.
3.5. Note in the space designated on the Bid Form the Addenda, by numbers and dates, which have been received. If no Addenda have been received, insert the word “NONE”.


4.1. Bid security is required with the bids, in the amount of five percent (5%) of each bid amount and in the form of a certified check or bank check payable to the Town of Austerlitz or a Bid Bond on a form to be issued by a surety licensed in the State of New York.
4.2. Bid security is required as a guarantee that the bidder will enter into the Contract. Submit bid security in the amount of five (5) percent of the bid price in one of the following forms:
Certified check or bank check drawn upon a legally incorporated bank or trust company (payable to Town of Austerlitz).
4.3. Upon submission of a certified check or bank check, the bid security of the successful bidder will be returned pending the execution of Contract. The second low bidder’s bid security will be returned after the low bidder executes the Contract. The bid security of all other bidders with checks will be returned as soon as possible after the low bidder has been determined.
4.4. Bid Bonds submitted as bid security will not be automatically returned to the Contractor. Firms requesting to have bonds returned may do so in writing provided they are not the first or second low bidder prior to award. Only those requests made in writing, directed to the Owner, shall be considered for return.
5.1. Submit Bid Form, Non-Collusive Bidding Certification, and the bid security in a sealed envelope labeled “Bid for Town of Austerlitz Highway Garage Solar Panel Project”. Telephone, telegraph or fax bids will not be accepted.
5.2. All bids must be received before the time specified, and at the place designated for the receipt of bids.
5.3. A late bid will be considered if: (1) its arrival at the place designated after the time specified can be shown by documentary or other proofs to be due to mishandling by the Town of Austerlitz and (2) that absent such mishandling, the bid would have arrived on time. Delays in the mail or any other means of transmittal will not suffice to excuse late arrival.
5.4. A late bid not eligible for consideration will be returned unopened with notification of the reason for its refusal.
6.1. Bid modifications by amendment will only be considered on condition that: (1) the amendment arrives before the time specified, and at the place designated for receipt of bids, (2) the amendment is in writing and executed by a principal of the bidder firm, (3) a newly executed Non-Collusive Bidding Certification and bid security is included, and (4) the bid, as amended, conforms in all respects with the Contract Documents.
7.1. A bid may be withdrawn at any time prior to the time specified for receipt of bids.
7.2. Not more than five business days after the bid opening, a low bidder may request the withdrawal of its bid without penalty based on a mistake. The request must be submitted via certified or registered mail to the address to which the bid was directed. The Owner may conduct or have conducted on his/her behalf a fact-finding proceeding to develop information concerning the request for withdrawal. A request for withdrawal of a bid made after five business days shall result in automatic forfeiture of the bid security.
7.3. Following a timely request for withdrawal of a bid, the bid security will be returned if the bidder establishes by credible evidence, including original documents when requested, the following:
7.3.1. An error, clerical as opposed to judgmental in nature and verifiable by written evidence, occurred in the computation of the bid,
7.3.2. The error constitutes either an unintentional and substantial computational error or an unintentional omission of a substantial quantity of labor and/or material from the final bid computation,
7.3.3. The absence of gross negligence in the preparation of the bid. For the Purposes of this subparagraph, gross negligence may include,
i) the apparent failure of a bidder to account for two or more categories (divisions) of work.
ii) the use of multiple erroneous quotations from subcontractors or suppliers,
7.4. If the bidder fails to meet its burden of proof, the request to withdraw without penalty shall be denied and its bid security will be forfeited and become the property of the Town of Austerlitz. The decision of the Owner shall be final and conclusive.
7.5. Once a request to withdraw is made, the Owner shall continue the award process considering only the remaining bids.
10.1. The Owner reserves the right to disqualify bids, before or after opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the bidder.
11.1. Sales Taxes: The Town is exempt from paying NYS Sales Tax. The Town will provide a sales tax exempt certificate for the purchasing of any materials pertaining to the Work. For information regarding sales and use taxes contact the New York State Sales Tax Bureau, Department of Taxation and Finance.
11.2. While all applicable laws, rules and regulations of the State of New York are incorporated by reference in this Request for Proposals, take special note of the provisions of the Labor Law, OSHA rule 10, and Industrial Code Rule 23 relative to the safety of workers and of persons lawfully occupying or using the premises. Address inquiries regarding labor law provisions to the New York State Labor Department. It is the contractor’s responsibility to conform to all of the laws that pertain to the project.
11.3 This project is subject to all New York State Department of Labor regulations pertaining to prevailing rates and wages and the proposal shall take into consideration compliance with such regulations. Compliance with prevailing wages rate schedule is required, NYS Department of Labor Prevailing Rate Case (PRC) # 2020003466. To access the PDF file of the schedule, go to:
11.3. Anti-Discrimination: Discrimination against any employee or applicant for employment because of race, creed, sex, sexual orientation, gender identity, color or national origin is prohibited.
12.1 Bids will be opened as indicated above.
13.1. The law requires that contracts for public work in the State of New York be awarded to the “lowest responsible and reliable bidders as will best promote the public interest.”
13.2. In order to assist the Owner in determining the responsibility and reliability of the apparent low bidder for any competitively bid contract and any proposed subcontract work, each apparent low bidder and all proposed subcontractors may be required to supplement the bid with further information about their qualifications within 5 business days upon the Owner’s request prior to contract award or subcontractor approval.
14.1. The Contract may be awarded to the lowest responsible and reliable bidder as will best promote the public interest.
14.2. If alternates are included in the bidding documents, the Owner reserves the right to accept or reject any or all alternates. The lowest bid will be determined by the total of the base bid and the accepted alternates.
14.3. If alternate base bids are indicated in the bidding documents, the low bid will be determined by the lowest amount bid for any of the alternate base bids.
14.4. The Owner reserves the right to reject any or all bids and to advertise for new bids if, in its opinion, the best interest of the municipality will thereby be promoted. In the event that all bids are rejected, each bidder will be so notified.
14.5. A bidder may withdraw its bid if no award of the contract is made within forty-five (45) days after the receipt of bids, provided written notice of such withdrawal is received at the Owner’s address prior endorsement of the contract with Owner’s signature.
Acceptance of bids hereunder and the awarding of contracts by the Town of Austerlitz shall be contingent upon the Town obtaining satisfactory financing for the Austerlitz Town Hall project on terms and conditions and in an amount acceptable to the Town Board as authorized and required by law.

14.6. The completion date for this project shall be on or before September 30, 2021 to be adjusted by change order if other trades not under the contractor’s control fail to perform to the schedule. The Owner intends to sign the contract within 45 days from the bid’s due date.
15.1. Any bid which fails to conform to the requirements of the Bidding and Contract Documents may be rejected.
15.2. The Owner may waive any informality or afford the bidder an opportunity to remedy any deficiency resulting from a minor informality or irregularity.



Town of Austerlitz Highway Garage Solar Panel Project

TO: Town of Austerlitz, New York (hereinafter called “Owner”)

1. The undersigned, having examined the proposed Contract Documents titled:

Town of Austerlitz Highway Garage Solar Panel Project
816 State Route 203
Spencertown, New York 12165
“REQUEST FOR PROPOSAL” AND “Town of Austerlitz Highway Garage Solar Panel Project” DATED 5/19/20

and having visited the site and examined the conditions affecting the Work, hereby proposes and agrees to furnish all labor, materials, equipment and appliances, and to perform operations necessary to complete the Work as required by said proposed Contract Documents, for that portion of the Work identified as “Town of Austerlitz Highway Garage Solar Panel Project, Base Bid,” for the stipulated sum of

($ _____________________ ).

2. Should the Owner decide to require the portion of the Work identified as “Alternate No 1” (electrical conduit capable of supporting two charging stations) ADD to the Base Bid amount stated above, the sum of

($ _____________________ ).

3. The undersigned understands and agrees to comply with and be bound by Instructions to Bidders issued for this Work.

4. The undersigned acknowledges receipt of Addenda numbers:


5. Enclosed with this bid is bid security as required.


6. Enclosed with this bid is an executed Non-Collusive Bidding Certification form.



(Corporate seal)
(Name of Company)

SIGN BID HERE by ____________________________________

(Print or type name and title)

Mailing Address _________________________


E-mail Address __________________________

Bid dated this ____ day of _____________ 20__









Town of Austerlitz Highway Garage Solar Panel Project
Spencertown, New York


The undersigned subscribes to and affirms, under penalty of perjury, that the following statement is true:

By submission of this accompanying bid, I certify, 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 process 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 competition.

(Corporate seal)
(Name of Company)

by ____________________________________

(Print or type name and title)

Address ________________________________


Dated this ____ day of ________________ 20__