106348 Frear Park Ice Rink Playgroun Bid Submittal Manual.pdf

The City of Troy, New York

Request for Bid

Frear Park Development

Ice Rink Playground

RFB # 26-0011 Bid Due Date: October 15, 2026, at 11:00 AM

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CITY OF TROY, NEW YORK

OFFICE OF THE CITY COMPTROLLER

BUREAU OF CONTRACTS & PROCUREMENT

CITY HALL

433 River Street, Suite 5001

TROY, NEW YORK 12180

(518) 279-7104

(518) 268-1682 FAX

RFB NAME: FREAR PARK DEVELOPMENT– ICE RINK PLAYGROUND

RFB NUMBER: 26-0011

BID OPEN DATE: October 15, 2026 TIME: 11:00 AM EDT

NOTICE

LEGAL PUBLICATIONS FOR BIDS OR PROPOSALS – 2026

PLEASE BE ADVISED THAT FOR THE YEAR 2026 THE CITY OF TROY, NEW YORK,

BUREAU OF CONTRACTS & PROCUREMENT WILL PUBLISH ALL PUBLIC BIDS

AND PROPOSALS IN THE FOLLOWING:

THE RECORD

Empire State Purchasing Group (www.bidnetdirect.com/new-york)

IT IS THE RESPONSIBILITY OF THE PROSPECTIVE PROPOSERS TO READ THESE

PUBLICATIONS AND CONTACT THE CITY OF TROY, NEW YORK, BUREAU OF

CONTRACTS & PROCUREMENT IF THEY WISH TO RECEIVE A BID DOCUMENT.

*******THIS IS A REQUEST FOR BIDS*******

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REQUEST FOR BIDS AND NOTICE TO BIDDERS

DATE: September 23, 2026

FROM: Michael McNeff, City Comptroller

NOTICE IS HEREBY GIVEN THAT SEALED BIDS ARE SOUGHT FOR THE

FOLLOWING:

RFB NAME: FREAR PARK DEVELOPMENT– ICE RINK PLAYGROUND

RFB NUMBER: 26-0011

ENGINEER’S PROJECT NUMBER: 106348.000

TIME OF OPENING:11:00 AM EDTDATE OF OPENING: OCTOBER 15, 2026

CONTACT PERSONS:

Bureau of Contracts & Procurement, Maria DeBonis (518) 279-7104 purchasing@troyny.gov

FIRMS MUST SUBMIT THREE (3) COPIES AND ONE (1) DIGITAL VERSION OF THE BID

IN A SEALED ENVELOPE.

PLEASE PRINT ON THE OUTSIDE ENVELOPE: 1) NAME & ADDRESS OF BIDDER

2) BID NAME

It is the bidder’s responsibility to read the attached BID SPECIFICATIONS and GENERAL CONDITIONS which outlines bidding rules of the City of Troy.

Upon submission of bid, it is understood that the bidder has read, fully understands, and will comply with said SPECIFICATIONS and GENERAL CONDITIONS.

A certified check, payable to the City of Troy, for five (5%) percent of the amount of the bid, or a bid bond in the same amount, must accompany each bid.

Subject to the right of the City of Troy to reject any and all bids.

The Successful Bidder must furnish 100 percent Performance Bond and a 100 percent Payment Bond with a surety company acceptable to the Owner.

Fax or Email Submissions will not be accepted.

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GENERAL CONDITIONS

Bid Number # 26-0011

Name of Bid: FREAR PARK DEVELOPMENT– ICE RINK PLAYGROUND

1.0 INTRODUCTION

The City of Troy, New York, invites interested parties to submit a sealed bid to provide construction services for the Ice Rink Playground, a renovated playground in Frear Park located within the City of Troy.

2.0 SCOPE OF WORK

The City of Troy is soliciting bids from qualified contractors capable of performing construction services for the Frear Park – Ice Rink Playground.

The contract documents for this Project are available beginning September 23, 2026, via e-mail only. Copies of the documents may be obtained from Maria DeBonis via the e-mail address listed above at no charge. Contractor to provide Business Name, Address, Point of Contact, Phone and Email Address to receive an electronic copy of the Contract Documents. Only full sets of bid documents will be provided to bidders; no partial sets will be provided.

Note that only bidders who obtain sets from and are registered with the City of Troy will receive notification of Addenda.

Project Description:

The project includes the demolition of the existing playground and construction of sitework related to the new playground areas at Frear Park Road in the City of Troy, NY, south of Frear Park Road and north of Frear Park Ice Rink.

The project will include all sitework that supports the installation of the “playground areas.”

Playground areas refer to: playground equipment, site seating, safety surfaces, and splashpad surfaces and equipment. Playground areas are thus excluded from this project but are referenced throughout the documentation for coordination purposes. The City of Troy will be executing a contract for the playground areas scope.

The Work associated with the collective “project” will be awarded in one (1) General Construction contract.

The project work includes: playground demolition, selective parking and landscape demolition, site work, paving, landscaping, electrical power, lighting, as well as other miscellaneous work as described in the contract documents.

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Project Location:

Frear Park & Golf Course, south of Frear Park Road, west of Lavin Court, north of Park Boulevard and north of the Frear Park Ice Rink.

3.0 BID SUBMISSION DEADLINE

Bids must be submitted by OCTOBER 15, 2026, at 11:00 AM EDT to City Hall, 433 River Street Suite 5001, Troy, New York 12180.

You are urged to mail your bid in early. Late bids will not be accepted and will be returned unopened to the vendor. Do not rely on overnight delivery services since they may not make your delivery in time. In addition to the (3) copies also include one (1) digital version (USB, thumb drive, etc.) in the mailed/delivered bid packet.

4.0 METHOD OF AWARD

Contract shall be awarded in one (1) General Construction contract based on the lowest responsible bid received. Bids shall be made lump sum.

The City will award the contract based on the apparent low bidder on total cost.

5.0 UNBALANCED BIDS

The City of Troy reserves the right to reject any and all bids not deemed in the best interest of the City and to reject as informal such bids that, in its opinion, are incomplete, conditional, obscure, or which contain irregularities of any kind including unbalanced bids. An unbalanced bid occurs when the amount bid for one or more separate items is substantially out of line with current market prices for the materials and/or work covered thereby.

6.0 RESCINDING OF AWARD

If the successful bidder exhibits a history of delay in completing projects and/or regulatory penalties, the City reserves the right to rescind their award and to disqualify the bidder from future bidding.

7.0 AWARDED BID

The award resulting from this bid shall be final and shall be for the complete term of the contract.

No rescinding of the award will be made because of bidder error or inability to supply an item.

8.0 CONTRACT PERIOD

The project is scheduled to be awarded within two weeks of bid opening, with an anticipated construction start on/around November 2, 2026. All work shall be substantially complete by

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December 31, 2026. Substantial completion excludes the installation of paving, planting, and grass seeding. Project close out and final completion shall be by May 14, 2027.

All bidding/Proposal documents issued by the City of Troy shall be considered parts of the executed contract that is issued.

Liquidated Damages:

Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer loss, financial and otherwise, if the Work is not completed within the times specified by this agreement, plus any allowed extensions. Owner and Contractor also recognize the delays, expenses, and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Therefore, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner One Thousand Five Hundred Dollars ($1,500.00) for each day that expires after the time specified in paragraph 8.0 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in paragraph 8.0 for completion and readiness for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner One Thousand Five Hundred Dollars ($1,500.00) for each day that expires after the time specified in paragraph 8.0 for completion and readiness for final payment. These amounts are not assessed as a penalty, but as liquidated damages for prolonged inconvenience accruing to the Owner and its constituents.

9.0 BID RESERVATIONS

Bids submitted shall remain in effect for Forty-Five (45) days past the date of bid opening.

10.0 CANCELLATION CLAUSE

The City reserves the right to cancel the contract at any time during the contract term by written thirty (30) day notice mailed to the address of the vendor.

11.0 INSURANCE

Contractor shall procure and maintain insurance for protection from all claims arising out of Contractor’s services, work, operations, and activities. Contractor must have adequate insurance coverage for all claims arising out of or in consequence of the acts and omissions of the Contractor, or any subcontractor of the Contractor, including but not limited to claims for damages for death, bodily injury, or property damage, of any kind or nature. The City of Troy (including its officers, agents, and employees) shall be named Additional Insured on Contractor’s policies of insurance.

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There shall be no material undisclosed policy exclusions or exceptions on the required insurance coverages.

Contractor will procure and maintain at its own expense:

1. Commercial general liability and contractual liability on an occurrence basis for all personal and bodily injuries and property damage, with minimum coverage limits of One Million Dollars ($1,000,000) for each occurrence/Two Million Dollars ($2,000,000) general aggregate per project/location.

a. Liability insurance policies will not be accepted that:

i. Remove or restrict blanket contractual liability located in the “insured contract” definition (as stated in Section V, Number 9, Item f in the ISO CGL policy or equivalent) so as to limit coverage against claims that arise out of work; or

ii. Remove or modify the “insured contract” exception to the employers liability exclusion; or

iii. Do not cover the Additional Insured for claims involving injury to employees of the named insured or its subcontractors or their employees.

b. Contractor shall require that its subcontractors carry insurance with the same limits and provisions as provided herein. Contractor will maintain certificates of insurance for all subcontractors as part of the Contractor’s records.

2. Professional Liability/Errors & Omissions coverage of at least One Million Dollars ($1,000,000) for each occurrence/Two Million Dollars ($2,000,000) aggregate per project/location or claim.( If applicable)

3. Workers compensation insurance as required by law, employer's liability insurance, and statutory disability benefits insurance as required by law.

4. Comprehensive motor vehicle liability coverage on owned, hired, leased, or non-owned motor vehicles with coverage limits of not less than One Million Dollars ($1,000,000) combined for each accident, for bodily injury, sickness, or disease sustained by any person, caused by accident, and arising out of the ownership, maintenance, or use of any motor vehicle, as well as for damage because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance, or use of any motor vehicle.

5. Commercial umbrella insurance coverage at maximum policy limits with minimum coverage of Five Million Dollars ($5,000,000).

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6. All Risk Property Coverage – Contractor shall secure, pay for at its sole cost and maintain whatever All Risk Property Coverage Insurance Contractor may deem necessary to protect Contractor against loss of owned or rental capital equipment and tools. The requirement to secure and maintain such insurance is solely for the benefit of the Contractor. Contractor’s failure to secure such insurance and/or to maintain adequate levels of coverage shall not obligate the City of Troy, its agents or employees, for any losses. Any such insurance policy shall include a waiver of subrogation clause as follows: “It is agreed that in no event shall this insurance company have any right to recover against the City of Troy and the City of Troy is to be held harmless by the Insured and this Insurance carrier.

7. Pollution/Environmental Coverages as required by Corporation Counsel. (If Applicable)

Each and every policy of insurance required by this Agreement shall be in form and content satisfactory to the City of Troy Corporation Counsel, and shall provide:

1. Additional Insured. The City of Troy (including its officers, agents, and employees).

CHA Consulting, Inc and Parkitects, Inc. shall be named Additional Insured on all coverage including premises operations and completed operations on a primary and non-contributing basis for all policies and coverages, including but not limited to the umbrella insurance coverage. The Additional Insured shall be held harmless and indemnified from any and all claims arising out of or in consequence of the Contractor’s services, work, operations, or activities under this Agreement or in any way arising out of or in consequence of the Contractor’s acts or omissions.

2. Per Project Aggregate. The insurance policies shall cover premises operations and completed operations on a per project basis.

3. Waiver of Subrogation. As to every type and form of insurance coverage required from the Contractor, there shall be no right of subrogation against the City of Troy, its officers, agents, or employees. If any of Contractor’s policies of insurance prohibit such a waiver of subrogation, Contractor shall secure the necessary authorization from its insurance carrier to make this waiver effective.

4. Waiver of Indemnities. The Contractor waives any right of action it and/or its insurance carrier might have against the City of Troy (including its officers, agents, or employees) to be indemnified for any type of loss that is required by this Agreement to be covered by a policy of insurance, whether or not such loss is insured.

5. The Certificate of Insurance shall be in form and content satisfactory to the City of Troy Corporation Counsel. All referenced forms shall be provided with the Certificate. Additional information, including without limitation complete policies, shall be provided to the Corporation Counsel upon request.

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6. The insurance policies shall not be changed or cancelled until the expiration of thirty

(30) days after written notice to the City of Troy Corporation Counsel’s Office.

7. The insurance policies shall be renewed upon expiration and continued in force unless the City of Troy Corporation Counsel's Office is given thirty (30) days written notice to the contrary.

No services, work, operations, or activities shall be commenced under this Agreement until the Contractor has delivered to the City proof of issuance of all policies of insurance required by the Agreement to be procured. If at any time, any of the insurance policies shall be or become unsatisfactory to the City, Contractor shall promptly obtain a satisfactory policy and submit proof of the same to the City for approval. Upon failure of Contractor to furnish, deliver, and maintain satisfactory insurance as provided above, this Agreement may, at the election of the City, be suspended, discontinued, or terminated. Failure of Contractor to procure and maintain any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning defense and indemnification.

In the event any part of the services, work, operations, or activities described in this Agreement is performed by an approved subcontractor of the Contractor, all insurance requirements of this Agreement shall be incorporated into the subcontract agreement with no additional exclusions or exceptions from coverage whatsoever. Subcontractor insurance requirements shall include but not be limited to the requirements for Workers’ Compensation, Commercial General Liability, Umbrella Liability, and as applicable, Commercial Auto and/or Professional Liability. Contractor shall require each and every subcontractor to produce a Certificate of Insurance meeting all of the requirements of the City and documenting the required insurance coverages. A subcontractor’s Certificate of Insurance in form acceptable to the City shall be provided to the City before that subcontractor may commence performance.

The carrying of insurance as required by this Agreement shall in no way relieve the Contractor, or its subcontractors, of any other responsibility or liability under this Agreement.

The City of Troy Corporation Counsel, in his or her sole discretion, may approve in writing a variance from the insurance requirements herein for good and sufficient reason.

The City of Troy reserves the right to reject any bid/proposal from any bidder/proposer if their General Liability and/or Auto Liability Insurance has a deductible or Self-Insured retention greater than $10,000.00.

12.0 INSURANCE REQUIRED FOR SUBCONTRACTORS

In the event that any portion of the Work described in this contract is performed by an approved subcontractor, all of the insurance requirements of this agreement shall be incorporated into the subcontract agreement with no additional exclusions from coverage whatsoever. Subcontractor insurance requirements shall include the requirements for Workers’ Compensation, Commercial General Liability, and if applicable, Commercial Auto and/or Professional Liability. Excess or umbrella insurance is not required for subcontractors. Contractor shall require that each and every

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subcontractor employed to do work under this contract shall produce a Certificate of Insurance meeting all of the requirements of the City and documenting the required insurance coverages. A subcontractor’s Certificate of Insurance in form acceptable to the City must be provided to the City before that subcontractor may commence work.

13.0 EXTENSION OF PRICES

It is the intent of this Request for Bid that all political subdivisions and districts located in the State of New York be entitled to make purchases of materials, equipment, or supplies from the resulting bid award.

No officer, board or agency of a county, town, village, or school district shall make any purchase through the City of Troy when bids have been received for such purchase by such officer, board or agency, unless such purchase may be made upon the same terms, conditions and specifications at a lower price through the County.

All purchases shall be subject to audit and inspection by the other political subdivisions for which the purchase was made.

All orders will be placed by the participating entities. Each participating entity shall be billed by and make payment directly to the Awarded Vendor.

Upon request, participating entities must furnish the Awarded Vendor with the proper tax exemption certificates or documentation of tax-exempt status.

The sole responsibility in regard to performance of the bid, or any obligation, covenant, condition or term thereunder by the Awarded Vendor and the participating entities will be borne and is expressly assumed by the Awarded Vendor and the participating entities and not by the City of Troy. In the event of a failure or breach in performance of any such bid by a participating entity or the Awarded Vendor, the City of Troy, specifically and expressly disclaims any and all liability for such defective performance or breach, or failure of either party to perform in accordance with its obligations, covenants and the terms and conditions of this City of Troy bid.

14.0 ADDITION TO THE SIGNATURE PAGE

The submission of this bid certifies that the bidder has read, is familiar with, and will comply with any and all segments of these specifications, to include but not limited to: Cover Letter, General Conditions, Insurance Requirements, Product Specifications and Conditions, Delivery and Backorder Requirements (as applicable.)

Each bidder is hereby advised, and by submission of its bid, certifies and agrees that, if successful, the bidder shall enter into a written Agreement with the City of Troy as drafted and approved by the City of Troy Corporation Counsel. Acceptance of the bid by the City of Troy and execution of the written Agreement drafted and approved by the City of Troy Corporation Counsel are conditions to the formation of a contract between the City of Troy and the successful bidder.

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15.0 NYS CONTRACTS

The City reserves the right to purchase items included in this bid from New York State Contracts when available.

16.0 APPRENTICESHIP

Resolution #72 dated October 3, 2019, requires any Contractor or Sub-Contractor of the City entering into a construction contract with a total dollar amount of $100,000 or more to have a NYS Commissioner of Labor approved Apprenticeship Program in place. This resolution shall apply to construction contracts advertised for bid on or after November 1, 2019.

17.0 EXCEPTIONS

When a vendor qualifies their bid by stating that we must purchase a specific amount of product, or in any other way qualifies the bid, it may be rejected by the City.

18.0 RIGHT TO ADDITIONAL PURCHASE

The Bureau reserves the right to purchase additional materials if required. In that event the unit prices will prevail.

19.0 QUANTITIES

The quantities are indefinite, but estimates given in this bid reflect anticipated requirements. The contract, however, shall be for the quantities actually ordered during the contract period.

20.0 INFORMATION TO BE FURNISHED WITH BID/SUBSTITUTIONS

It is the responsibility of the bidder to offer a product that meets the specifications of the manufacturer model as listed.

The bidder must submit with their bid, detailed specifications, circulars and all necessary data on the commodity to be furnished. If the commodity differs from the provisions listed, such differences must be explained in detail. Failure to submit any of the above data may result in rejection of the bid. The City, however, reserves the right to request any additional information deemed necessary for the proper evaluation of bids.

No substitution of products will be accepted unless pre-approved by the City’s Engineering department, and/or their designation consultants whose determination as to “or Equal” shall be

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final. Failure to notify the City in writing about substitutes may result in rejecting of the bid or canceling of the awarded contract.

The bidder must submit with their bid, Bid Form (including signature page) Bid Bond or Certified Bank Check Non-Collusive Certification Certification of Registration from the Public Work Contractor and

Subcontractor Registry Any Additional forms required in the bid documents

Failure to submit any of the above data may result in rejection of the bid. The City, however, reserves the right to request any additional information deemed necessary for the proper evaluation of bids.

21.0 GUARANTEED TIME FOR DELIVERY

Successful bidder must acknowledge, in writing, receipt of order.

All products ordered must be received by the City not later than the approximate delivery date stated in the attached detailed specifications.

In case that materials are not delivered on a timely basis, liquidated damages will be incurred.

Damages will be calculated based on direct costs incurred by the City due to the material delivery.

22.0 PRICE

Prices shall be quoted lump sum for each item indicated on the Bid Form, inclusive of all work required under the scope of each item.

23.0 PAYMENT

Payments cannot be processed by the city until work items have been completed in a satisfactory manner with a payment request referring to the Project Name and Number and mailed to the following address:

City of Troy Attn: Engineering Department 433 River Street Suite 5001 Troy, New York 12180

24.0 REGULATIONS

All work must follow applicable Local, State and Federal laws and regulations. In accordance with Finance Law, as amended, all permanently incorporated steel and/or iron materials shall be

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domestically produced regardless of the percentage they comprise in a manufactured product or form they take.

25.0 COMPLETION OF REQUIRED INFORMATION

Bidder must fill in all spaces on the bid form. All lines must have an indication of the bidder’s response whether it be “0”, “NA”, “-“ or a dollar figure. All lines must be filled in to indicate bidder’s acknowledgement.

Bids that do not have all applicable lines filled in on the bid sheet may be disqualified as a non-responsive bid. The city cannot assume that there is “no charge” when lines are left blank.

26.0 ALTERNATE BIDS

In the event that satisfactory bids are not received, the City reserves the right to consider alternative bids containing deviations from the City specifications. Bidders shall explain in detail where such alternatives deviate from or qualify the terms of the bid and specifications as issue.

27.0 PREVAILING WAGE RATES

The successful bidder is required to pay the Prevailing Wage Rates and the Prevailing Hourly Supplements pursuant to Section 220-A of the NYS Labor Law. PRC #2026027336

28.0 RIGHT TO REJECT

The City reserves the right to reject any and all bids, to waive any informalities and technical irregularities in the bids received, or to accept any bid deemed to be for the best interest of the City of Troy.

29.0 RIGHT TO SUSPEND OR TERMINATE

The City reserves the right to suspend or terminate the contract should Contractor deviate from the approved plan and/or a mandate from a regulatory agency.

30.0 RIGHT TO EXTEND

The City reserves the right to extend the contract under the same terms and conditions for two (2) one (1) year periods from the date of expiration provided such an extension is mutually agreeable to both the City and the Contractor.

31.0 CONFLICT OF INTEREST

No director, officer, employee, agent, Contractor, or subcontractor of the Contractor shall be an agent, servant and/or employee of the City of Troy. The Contractor shall not employ as a director, officer, employee, agent, contractor, or subcontractor, directly or indirectly in any capacity, any

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elected or appointed official of the City of Troy, and the two school districts, or any member of their immediate family.

The Contractor agrees that it will require all its directors, officers, employees, agents, contractors, or subcontractors, to be bound and adhere to the Code of Ethics of the City. The Contractor further agrees that it will require all of its employees to comply with all applicable laws relating to this agreement, or the performance thereof, and that the refusal to supply such evidence and/or testimony shall be the cause for immediate termination of this agreement by the City.

32.0 IRAN DIVESTMENT ACT

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Proposer/Contractor (or any assignee) certifies that it is not on the "Entities Determined To Be Non-Responsive Bidders/Offerors Pursuant to The New York State Iran Divestment Act of 2013" list ("Prohibited Entities List") posted on the OGS website at:

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on such Contract any subcontractor that is identified on the Prohibited Entities List. Additionally, Bidder/Contractor is advised that should it seek to renew or extend a Contract awarded in response to this solicitation, it must provide the same certification at the time the Contract is renewed or extended.

During the term of any subsequent Contract, should the City of Troy receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above-referenced certifications, the City of Troy will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the City of Troy shall take such action as may be appropriate and provided for by law, vile, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the Contractor in default.

The City of Troy reserves the right to reject any proposal, bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

33.0 INDEMNIFICATION

The promises in this section are separate from the insurance requirements required of any subsequent Agreement and shall apply whether the insurance requirements are fulfilled.

Each and every Contractor (as used in this paragraph the term “Contractor” shall include any and all of Contractor’s subcontractors), who shall agree to perform services, work, operations, or activities under subsequent Agreement, or any part of it, shall defend, indemnify, and save harmless the City of Troy, its officers, agents, and employees, from and against any and all liability, loss, or other

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claims for damages for death, bodily injury, or property damage, or of any other kind or nature, arising out of or in consequence of the services, work, operations, or activities performed by the Contractor or any agent, servant, employee, subcontractor, consultant, or supplier of the Contractor, or of any failure to perform under subsequent Agreement, or in any way arising out of or in consequence of the Contractor’s acts or omissions, all to the fullest extent allowed by law.

Contractor shall defend, indemnify, and save harmless the City of Troy, its officers, agents, and employees, from and against, without limitation, all losses, litigations, claims, actions, causes of action, proceedings, demands, damages, indemnities, suits, judgments, orders, rulings, appeals, costs, expenses, and all other elements of litigation (including without limitation reasonable attorney’s fees and other costs of defense), arising out of or in consequence of the Contractor’s services, work, operations, or activities under any subsequent Agreement, or any failure to perform under any subsequent Agreement, or in any way arising out of or in consequence of the Contractor’s acts or omissions, all to the fullest extent allowed by law. Contractor shall defend, indemnify, and save harmless the City of Troy, its officers, agents, and employees, from and against any and all claims for injuries to the Contractor’s employees or the employees of any agent, servant, consultant, or subcontractor of Contractor, and any and all claims made by any person or entity (including without limitation all officers, employees, agents, contractors, subcontractors, consultants, suppliers, guests, invitees, uninvited persons, survivors, representatives, and distributees), arising out of or in consequence of Contractor’s services, work, operations, or activities or omissions on property owned by the City of Troy, all to the fullest extent allowed by law.

The parties intend that the promises in this section shall be consistent with New York General Obligations Law Section 5-322.1. Therefore, for any contracts to which Section 5-322.1 applies, the promises herein shall not be construed as purporting to indemnify or hold harmless the City of Troy against liability for damage arising out of bodily injury to persons or damage to property contributed to, caused by or resulting from the negligence of the City of Troy, its agents or employees, whether such negligence be in whole or in part.

34.0 TERMINATION WITH CAUSE

The City of Troy reserves the right to terminate this contract at any time for cause. The violation of any provision or condition contained in this contract, or the refusal, failure, or inability to carry out any provisions of this contract shall constitute sufficient grounds to terminate this contract for cause. Should the City of Troy elect to terminate this contract for cause, the City of Troy will notify the Contractor ten (10) days prior to the termination date and shall specify the cause for termination as well as the date the termination shall be effective. This termination notice will be issued via a written letter sent by certified U.S. mail. Immediate dismissals may be executed if deemed necessary by the City of Troy.

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35.0 TERMINATION WITHOUT CAUSE

The City of Troy may terminate this contract without cause. Written notice of termination must be sent via certified U.S. mail no later than thirty (30) days prior to the termination date.

36.0 MWBE PROMOTION

It is the policy of the City of Troy that Minority-Owned Business Enterprises (MBE) and Women- Owned Business Enterprises (WBE) are afforded the maximum opportunity to participate in the performance of contracts. It is also the City’s goal to award Procurement Contracts to those procurement contractors who have evidenced compliance with the laws of the State of New York prohibiting discrimination in employment.

37.0 NON-DISCRIMINATION POLICY

In accordance with Article 15 of N.Y. Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor agrees that neither it nor any of its subcontractors shall, by reason of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics or marital status refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.

38.0 NOTICE OF DELIVERY

The City must be notified twenty-four (24) hours in advance of delivery. The City reserves the right to deny acceptance of delivery if this notice is not given at no cost to the City.

Notice of when shipments are desired will be issued several days in advance of requested delivery.

39.0 BACKORDERS

If product is not deliverable, the vendor must advise the city immediately. The City reserves the right to purchase from the next available source.

All items which are back ordered for more than sixty (60) business days may be purchased from the next available source.

40.0 NON-COLLUSIVE STATEMENT

The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, consultation, communication, or arrangement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer with any competitor.

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41.0 WARRANTY

Standard limited warranty will be required of the manufacturer that shall be one (1) year from the date of acceptance. Please refer to technical specifications for additional warranty requirements.

Seller shall guarantee equipment in accordance with the manufacturer's warranty applying to similar equipment sold to the general public. The warranty shall be written. The warranted items shall be listed with the time and/or mileage duration, valid and invalid conditions of the warranty.

42.0 GUARANTEE

The bidder guarantees that the item offered is standard new equipment. All items shall be guaranteed for a minimum period of one (1) year against defective parts and workmanship. If defects occur during this time, the defective equipment shall be replaced or corrected by the vendor without cost to the City except where it shall be clearly shown that the defect is due to misuse and not to faulty manufacture.

43.0 NO LOBBYING

All Proposers are hereby placed on notice that City Council, City employees/staff, members of the evaluation committee (with the exception of the Purchasing Agent for interpretations or corrections) are not to be lobbied, directly or indirectly either individually or collectively, regarding this Request for Bids. During the entire procurement process, all Proposers and their subcontractors, sub-consultants or agents are hereby placed on notice that they are not to contact any persons listed above for such purposes as holding meetings of introduction, lunches, dinners, etc., if they intend to submit or have submitted proposals for this project. Any Proposer contacting individuals mentioned herein in violation of this warning may automatically be disqualified from further consideration for this Request for Bids.

44. PUBLIC WORK CONTRACTOR AND SUBCONTRACTOR REGISTRY

Starting December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i.

(Include copy of certificate with bid documents.)

45.0 PRE-BID MEETING

A pre-bid conference will be held on site Wednesday, September 30, 2026, at 11:00 AM EDT at , Frear Park Road, Troy, NY to discuss the requirements of the Contract Documents. Contractors can visit the site on their own to see the existing site conditions at any time during the bidding process, although the interior of the existing buildings will be locked and inaccessible.

RFB#26-0011 18

46.0 QUESTIONS

All questions must be received no later than 2:00 PM EDT on October 6, 2026. All questions will be compiled and answered in the form of an Addendum. All agencies on record with the Purchasing Office will receive a copy of the Addendum. Questions received after the date noted above will not be answered. Only questions answered by formal written Addenda will be binding. Oral or other interpretations or clarifications will be without legal effect. Forward your questions to:

Maria DeBonis City of Troy, New York Office of the City Comptroller Bureau of Contracts & Procurement City Hall 433 River Street, Suite 5001 Troy, NY 12180 Or by email at: purchasing@troyny.gov

47.0 SUBMISSION

Provide Three (3) copies and one (1) digital version of your bid in a Sealed Envelope. All bids must be received in the Office of the City Comptroller, Bureau of Contracts & Procurement no later than 11:00 AM EDT October 15, 2026. All sealed envelopes should be clearly marked on the outside: “Frear Park Development – Ice Rink Playground”.

All bids shall be submitted to:

Maria DeBonis City of Troy, New York Office of the City Comptroller Bureau of Contracts & Procurement City Hall 433 River Street, Suite 5001 Troy, NY 12180

Responses received after the 11:00 AM EDT deadline will be returned, unopened, to the originator.

Those submitting bids do so entirely at their own expense. There is no express or implied obligation by the City to reimburse any firm or individual for any costs incurred in preparing or submitting bids, preparing or submitting additional information requested by the City, or participating in any selection interviews.

The City reserves the right to accept or reject any and all bids in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive or conditional bids.

RFB#26-0011 19

The City reserves the right to award the work, in whole or in part, to one or more firms and individuals.

Facsimile or electronic submissions WILL NOT be accepted.

RFB#26-0011 Non-Collusive Certification

NON-COLLUSIVE CERTIFICATION

1) Every bid herein made to the City of Troy, or official thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: Non-Collusive Certification.

a) 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 his/her knowledge and belief:

i) 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;

ii) 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

iii) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restricting competition.

b) A bid shall not be considered for award, nor shall any award be made, where 1.a. (ii) and 1.a.(iii) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall state and furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where 1.a.(i), 1.a.(ii), and 1.a.(iii) above have not been met, no award shall be made unless the head of the purchasing unit of the City of Troy, to which the bid is made, or their designee, determines that such disclosures were not made for the purpose of restricting competition.

c) The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers or proposed or pending publication of new or revised price lists of such items, or (c) has sold the same items to other customers at the same prices being bid does not constitute, without more, a disclosure within the meaning of subparagraph 1(a).

2) Any bid hereafter made to the City of Troy, or official thereof, by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule or regulation, and where such bid contains the certification referred to herein shall be deemed to have been authorized by the board of directors of the bidder and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

(Signature)

(Title)

RFB#26-0011 Non-Collusive Certification

To The City of Troy, NY Bureau of Contracts & Procurement For

Frear Park Development – Ice Rink Playground

By submission of this bid or proposal, the bidder or proposer certifies that; (a) This bid or proposal has been independently arrived at without collusion with any other bidder or proposer or with any competitor; (b) This bid or proposal has not been knowingly disclosed and will not be willingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, proposer, competitor; (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; (d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certificate, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder or proposer as well as to the person signing in its behalf; (e) That attached hereto (if a corporate bidder or proposer) is a certified copy of resolution authorizing the execution of the certificate by the signatory of this bid or proposal on behalf of the corporate bidder or proposer.

Resolved that be Name of Corporation authorized to sign and submit the bid or proposal of this corporation for the following project and to include.

Describe Project in such bid or proposal, the certificates as to non-collusion required by Section 103-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder or proposer shall be liable under the penalties of perjury.

The foregoing is a true and correct copy of the resolution adopted by

Corporation at a meeting of its board of directors held on the day of in the year .

(SEAL OF CORPORATION)

The above form must be completed if the bidder is a corporation

BID FORM

RFB#26-0011 Bid Form – Signature Page

SIGNATURE PAGE

City of Troy - Frear Park Development – Ice Rink Playground

THIS PAGE MUST BE COMPLETED AND SIGNED TO BE CONSIDERED FOR AWARD

Name / Address of Company Submitting Bid or Proposal

Authorized Representative Submitting Bid or Proposal (name printed)

Authorized Representative Submitting Bid or Proposal (signature)

Authorized Representative Submitting Bid or Proposal – Title

Contact Information:

Telephone: ________________________________________

Cellphone: ________________________________________

E-mail Address: __________________________________

Address: _________________________________________

Date: _________________________________________

BID FORM

RFB#26-0011 Bid Form

BID FORM MUST BE COMPLETED AND SIGNED TO BE CONSIDERED FOR AWARD

Frear Park Development – Ice Rink Playground

Bid Item No. 1 Construction (Base Bid):Under this bid item the Contractor shall perform all work as indicated on the contract drawings and specifications specific to the contract being bid, excluding playground areas.

Item Price: $___________________________ (numbers)

Item Price: $_________________________________ dollars and ____________ cents (words)

Bid Item No. 2 Contingency Allowance

Item Price: $ 50,000 (numbers)

Item Price: Fifty Thousand dollars and Zero cents (words)

Total Bid: Lump Sum Price (Bid Items No. 1 + No. 2)

Item Price: $___________________________ (numbers)

Item Price: $_________________________________ dollars and ____________ cents (words)

TABLE OF CONTENTS PAGE 1 OF 2

CHA PROJECT NO. 106348

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TABLE OF CONTENTS

The City of Troy, New York Request for Bid: Frear Park Development Ice Rink Playground

007300 Supplementary Conditions

Division 01 – General Requirements

011000 Summary 011400 Work Restrictions 012100 Allowances 012600 Contract Modification Procedures 012900 Payment Procedures 013000 Project Management and Coordination 013200 Construction Progress Documentation 013300 Submittal Procedures 014000 Quality Requirements 014200 References 016000 Product Requirements 017300 Execution Requirements 017329 Cutting and Patching 017700 Closeout Procedures

Division 26 – Electrical 260001 Electrical

Division 31 – Earthwork

310519.13 Geotextiles

311000 Site Clearing 312000 Earth Moving 312333 Trenching and Backfilling 312500 Erosion and Sediment Control

Division 32 – Exterior Improvements 321116 Subbase Courses 321216 Asphalt Paving

321613.16 Cast-In-Place Concrete Curbing

321630 Concrete Sidewalks 321723 Pavement Marking 323113 Chain Link Fence and Gates 329000 Planting 329113 Soil Preparation 329115 Biosoil Matrix 329200 Turf and Grasses

TABLE OF CONTENTS PAGE 2 OF 2

V:\ProjectSpecs\106348.000\Final\Frear Park Playgrounds Bid Submittal - Current\00 01 10 Table of Contents.docx SECTION 000110

Division 33 – Utilities 330500 Common Work Results for Utilities 330513 Manholes and Structures

334100.20 High Density Polyethylene Storm Utility Drainage Piping

334616.19 Underdrains

SUPPLEMENTARY CONDITIONS PAGE 1 OF 14

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SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as indicted below. All provisions which are not so amended or supplemented remain in full force and effect.

ARTICLE 1 – DEFINITIONS

SC-1

The term used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions.

SC-1.18

ENGINEER's Consultant - the following list of independent professional associates and consultants are considered the ENGINEER's consultant for this Construction Contract:

There are no Engineer’s consultants for this project.

ARTICLE 2 – PRELIMINARY MATTERS

SC-2.2 Copies of Documents:

Amend paragraph 2.2 of the General Conditions to read as follows:

OWNER shall furnish to CONTRACTOR one hard copy and an electronic version in pdf format of the Contract Documents.

And as so amended paragraph 2.2 remains in effect.

SC-2.3

Amend the third sentence of paragraph 2.3 of the General Conditions to read as follows:

In no event will the Contract Times commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.

And as so amended paragraph 2.3 remains in effect.

SC-2.7

Amend the first sentence of paragraph 2.7 of the General Conditions to read as follows:

Before any work at the site is started, CONTRACTOR shall deliver to OWNER with copies to each additional insured identified in the Supplementary Conditions, Certificates of Insurance (and other evidence of insurance which OWNER or any other additional insured may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5.

And as so amended paragraph 2.7 remains in effect.

SC-2.8

Amend the first segment of the first sentence of para-graph 2.8 of the General Conditions to read as follows:

Within 20 days after the Contract Times commence to run, but before any work at the site is started,...

And as so amended paragraph 2.8 remains in effect.

ARTICLE 3 – CONTRACT DOCUMENTS:

INTENT, AMENDING, REUSE

No changes.

ARTICLE 4 – AVAILABILITY OF LANDS;

SUBSURFACE AND PHYSICAL CONDITIONS;

REFERENCE POINTS

SC-4.2.1.

Amend the first sentence of paragraph 4.2.1 of the General Conditions to read as follows:

Reports and drawings: Reference is made to Section 00 31 00 for identification of:

And as so amended paragraph 4.2.1 remains in effect.

SC-4.2.2

Amend the second sentence of paragraph 4.2.2 of the General Conditions to read as follows:

Such "technical data" is identified in Section 00 31 00.

And…