Court Resurfacing for City Parks Bid Specs - Dept of Rec_.pdf

CITY OF ALBANY

BY AND THROUGH THE

BOARD OF CONTRACT AND SUPPLY

REQUESTS BIDS FOR

COURT RESURFACING AT CITY PARKS

HON. KATHY M. SHEEHAN, CITY OF ALBANY, MAYOR

JESSICA MORGAN, DEPUTY COMMISSIONER

DEPARTMENT OF RECREATION

Bid Packet Contents

1. Submission Procedure Page: 3

2. Standard Conditions Page: 6

3. Technical Specifications Page: 12

3. Required Forms Page: 14

4. Project Manual Page: 17

I, , have received a complete Bid Packet.

Printed Name of Signatory

______________________________ Signature

Official Title

Address

City, State, Zip Code

Telephone

______________________________ Email

The City of Albany is soliciting sealed bids for the goods and/or services described in this Bid Packet.

GENERAL DESCRIPTION: COURT RESURFACING AT CITY PARKS

ADVERTISEMENT DATE: Tuesday, October 7, 2025 at 1:30PM

BID SUBMISSION DEADLINE: Tuesday, November 4, 2025 at 12:00PM

BID OPENING: Tuesday, November 4, 2025 at 1:30PM

SUBMIT SEALED BIDS TO: Board of Contract and Supply

Room 202, City Hall

Albany, New York 12207

The face of the sealed envelope shall contain the name of the bidder, the bidder’s return address, and the Contract Number and

Title.

BID DOCUMENTS: May be examined in-person in Room 202, City Hall, 8:30 – 5:00 pm.

BID DEPOSIT: A bid deposit is not required.

BOND REQUIREMENT: The City does not require a performance bond.

PREVAILING WAGE RATE The successful bidder shall comply with Sections 220-

AND LIVING WAGE RATE: 223 of the New York State Labor Law and/or section 42-161 of the Code of the City of Albany pertaining to the Albany Living

Wage Ordinance.

FOR PROCEDURAL INFORMATION: Shaniqua Jackson, City Clerk

Board of Contract and Supply

(518) 434-5092

SUBMISSION PROCEDURE

Pursuant to the provisions of Section 103 of General Municipal Law, sealed proposals will be received by the City of Albany, New York (the “City”) at the aforesaid address for furnishing the

Item(s) listed in this proposal.

When submitting a bid, each bidder shall:

1. Prepare the bid submission on this form using black ink. Write the name of the bidder’s company on each page of the bid submission, in the space provided.

2. If the bid deviates from the specifications, indicate such fact by marking “X” alongside the amount bid for each item in the price column. Explain such deviations or qualifications; if necessary, attach a separate sheet setting forth such explanation. The

City reserves the right to determine if a bid is unresponsive.

3. The City shall not make any determinations of item equivalency prior to the bid submission date. During the period between the bid solicitation advertisement and the bid submission deadline, there exists a prohibition on communication between proposers and City officials, except for questions submitted in a writing to the following City official:

Jessica Morgan, Deputy Commissioner

Department of Recreation

7 Hoffman Avenue

Albany, New York 12209 jmorgan@albanyny.gov

4. Sign the bid. By signing, the bidder indicates full knowledge and acceptance of the terms and pro visions found within this Bid Packet. The bid shall be completed in the name of the bidder, corporate, or other, and shall be fully and properly executed by an authorized person. Bids shall remain valid for sixty (60) days from the date of the bid opening.

5. Bids shall be submitted physically (by mail or hand delivery to Board of Contract and

Supply, Room 202, City Hall, Albany, New York 12207), The bid shall be enclosed in a sealed envelope with the following writing on the outside of the sealed envelope:

“Sealed Bid Enclosed – CITY OF ALBANY COURT RESURFACING AT CITY

PARKS.”

6. Mail the bid promptly in order for it to be received before the time of the bid opening or submit the bid electronically via BidNetDirect.com. Late bids will be rejected.

SEALED BIDS WILL BE RECEIVED BY THE

CITY OF ALBANY UNTIL 90 MINUTES PRIOR TO

THE TIME DESIGNATED FOR THE OPENING OF

BIDS. PLEASE ATTACH PROPER POSTAGE.

It is strongly advised for interested bidders to submit their documentation through FedEx, UPS or by hand submission to ensure receipt for consideration.

7. A bid bond or certified check in the amount of 5% of the total bid amount may be required with each bid. If either of these are required, the certified check or bid bond will be returned upon the awarding of the bid.

8. It is expected that each bidder will visit the site of the proposed work to become fully acquainted with the existing conditions of the site, relating to construction and labor, and to become fully informed as to the facilities involved, the difficulties and restrictions attending the performance of the contract. It is expected that the bidder has fully examined and has become familiar with the equipment and all terms and provisions within this Bid Packet. If awarded the contract, the bidder by execution of contract, shall in no way be relieved of any obligation under the contract, due to the bidder’s failure to receive or examine any form or legal instrument, or to visit the project site and become fully acquainted with the conditions there existing. The City will be justified in rejecting any claim based on facts regarding which the bidder should have been on notice as a result thereof.

9. Award to contract will be made only to the lowest responsible bidder, whose proposal shall comply with all the terms and provisions of this Bid Packet required to make it responsive.

10. The City reserves the right to reject any or all bid submissions, and may advertise for new bid submissions for the same contract or project, if in so doing the best interests of the City will be promoted. The bidder shall be prepared if requested by the City to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and equipment.

BID SUBMISSION

CITY OF ALBANY

CITY HALL

ALBANY, NEW YORK 12207

DATED: ___________________________________

GENERAL DESCRIPTION: COURT RESURFACING AT CITY PARKS

CONTRACT PERIOD: Execution of Contract through December 31, 2026

Eligible for one (1) one-year contract extension.

BID OPENING:

DATE: Tuesday, November 4, 2025

LOCATION: City Hall, Room 103

TIME: 1:30 pm

INQUIRE WITH: City Clerk’s Office

City Hall - Room 202

Albany, New York 12207

BIDDERS NAME: __________________________________________________________________

EMPLOYER’S FEDERAL IDENTIFICATION NUMBER: _________________________________

ADDRESS:

Street________________________________________________

City ________________________________________________

County ______________________________________________

State _______________________________________________

Zip Code_____________________________________________

% Cash Discount for payment within 15 days of delivery or receipt of voucher.

% Cash Discount for payment within 30 days of delivery or receipt of voucher.

Cash Discounts will not be considered in determining the low bidder but will be considered in awarding the bids.

Cash Discounts of less than 1% will not be considered.

Does any state officer or any officer or employee of the City of Albany or County of Albany have any affiliation or interest in this bid submission? If so, set forth the name, address, nature and extent of the affiliation or interest of an officer/employee.

We are not submitting a bid .

We request removal of our name from the mailing list for this commodity group .

Bidders Signature

Official Title

Printed or Typed Copy of Signature

Telephone Number Email Address

STANDARD CONDITIONS

SECTION 1. QUALIFICATIONS OF BIDDERS

A. The City reserves the right to reject any bids where qualifications, financial standing, equipment, personnel, or facilities of the bidder or any subcontractor are deemed unsatisfactory.

B. Subcontracting requirements.

1. Any bidder proposing to subcontract any operation shall submit a listing of their own facilities, including number of personnel and equipment, as well as a letter from any proposed subcontractor(s). Said subcontractor letter(s) shall contain the following information:

(a) Certification that the subcontractor is aware that the subcontractor has been named by the bidder as a proposed subcontractor.

(b) Statement that the subcontractor is capable of fulfilling the operations for which the subcontractor has been named as a proposed subcontractor in complete accordance with the specification.

(c) Complete listing of subcontractor’s facilities, equipment, and number of personnel. The City reserves the right to inspect the bidder’s and the proposed subcontractor’s facilities and perform such investigations as may be deemed necessary.

(d) Failure of bidder to submit the required letter(s) may be cause for rejection of bid.

2. After an award has been made, there shall be no sub-contracting allowed without written consent of the City other than the operations that have been approved and specified in the award.

C. No contract will be awarded except to responsible bidders capable of performing the class of work contemplated by this Bid Packet. Before the award of contract, the City may require any bidder to show that the bidder has the necessary facilities, experience, ability, and financial resources to perform the work in a satisfactory manner and within the time stipulated. If the contract contains items for material or work the character of which will depend upon the bidder’s skill or experience, the bidder is required to show proof that the bidder has a satisfactory record of similar work performed of materials furnished. Bidders shall be required to furnish the City with sworn statements as to their experience.

SECTION 2. EQUIVALENCE

This Bid Packet and the provisions as set forth are intended to be descriptive. The City will consider bids from any vendor who can meet or exceed the specifications listed in the Bid Packet as they relate to quality durability and performance. Deviations will not disqualify a bid where deviations are minor and do not affect quality, durability, or performance. Any such deviation from bid specifications shall be explained within the bid submission. The City’s decision will be final in any case where a product is to be considered as equal to the specifications.

SECTION 3. ADHERENCE TO SPECIFICATIONS

The bidder agrees and understands that its entire bid submission is contemplated in accordance with the provisions of the Bid Packet, unless the bidder explains its deviations in detail for the City’s consideration. The City reserves the right to request clarification and additional information where deemed necessary.

SECTION 4. SILENCE OF SPECIFICATION

The apparent silence of any of the provisions within this Bid Packet as to the details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement.

SECTION 5. PRIOR PERFORMANCE

The City shall reject any bid and shall not enter into any contract with any bidder who is in arrears to the City, upon debt or contract, or who is in default as surety or otherwise upon any obligation to the said City. The City shall reject any bid and shall not enter into any contract with any bidder whose performance of any previous contract was unsatisfactory.

SECTION 6. DECISION OF THE CITY

In any event, the decision of the City regarding the qualifications of bidders or subcontractors to accomplish the contract or project shall be final.

SECTION 7. AWARDING THE CONTRACT

The City reserves the right not to award the contract contemplated by this Bid Packet.

SECTION 8. INCORPORATION OF TERMS

All provisions of this Bid Packet shall be incorporated into a contract which shall be executed by the contractor to whom the bid was awarded and the City.

SECTION 9. CONTRACT TERM

The ensuing contract will commence at the execution of a formal written contract and terminate December 31, 2026.

SECTION 10. PERFORMANCE BOND REQUIREMENT

The City does NOT require a Performance Bond for this project.

SECTION 11. NON-PERFORMANCE

If the contactor fails at any time performing work required by this contract within the time limits specified, the City shall have the right to terminate the contract upon ten (10) business days’ written notice to the contractor.

SECTION 12. TERMINATION

Notwithstanding any provisions of this Bid, the City shall have the right at any time, with or without cause, to terminate the contract and the services contemplated by this Bid Packet on thirty (30) days written notice to the contractor of such termination. In the event of such termination of the resulting contract, the contract term shall be changed accordingly and the contractor shall be entitled to compensation for all services theretofore authorized and performed pursuant to the contract in accordance with the contract.

SECTION 13. INVOICE PROCEDURES

Upon acceptance and delivery of products to the designated location, an itemized invoice and City voucher shall be sent to the CITY OF ALBANY DEPARTMENT OF RECREATION.

Said invoice shall be accompanied by properly executed claim forms and such other necessary information or supporting documentation as may be required by the City in order to process payment.

SECTION 14. MATERIALS PURCHASED BY CONTRACTOR, TAX PROVISIONS

A. Purchases made by the City are not subject to state or local taxes or federal excise taxes.

1. There is no exemption from paying the New York State truck mileage, unemployment insurance, or Federal Social Security taxes. The official City of

Albany purchase order or voucher for materials, equipment and supplies is sufficient evidence to qualify the transaction exempt from sales tax under Section

116(a)(1) of the Tax Law.

2. For tax free transactions, the City of Albany registration number is: Federal Tax

Exemption #14-70046-K and Federal Employer #14-600-2058-W.

B. For materials and supplies separately sold to the City for incorporation into work under the ensuing contract the City is exempt from all sales tax and compensating use tax of the State of New York. The purchase by the contractor or by subcontractors of materials for incorporation into the work under this contract will be a purchase or procurement for resale to the City and therefore not subject to the aforementioned sales compensating use tax. All bids priced by the contractor, as well as all subcontract agreements made by the contractor, shall require that the costs of materials from all other costs involved in the incorporation of such materials into the work under this Contract are itemized separately to ensure compliance with this provision.

1. The contractor shall, upon request by the City, furnish a bill of sale or other instrument indicating the quantities and types of materials purchased directly by the contractor or subcontractors for incorporation into the work under this contract.

Upon delivery of all materials to the site, the contractor shall mark or otherwise identify all materials to be incorporated into the work under this contract. Only those materials so identified will be considered a part of this contract for which the contractor may be eligible for reimbursement. Only those materials so identified will be exempt from sales or compensating use tax under this provision.

2. This exemption does not apply to machinery, equipment, tools or other items purchased, leased, rented, or otherwise acquired for use of the contractor, even though said equipment is used either entirely or in part on this contract. This tax exemption shall apply only to materials fully incorporated into the work under this contract as accepted and approved by the Commissioner of the Department overseeing the contract or project.

SECTION 15. INDEMNIFICATION AND INSURANCE REQUIREMENTS

A. Indemnification.

1. For the purpose of this section, the terms contractor and City shall include the officers, employees, subcontractors, boards, respective agents or anyone else acting in their behalf. The contractor agrees to assume the risk of all damage, loss, costs or expense, and agrees to indemnify and hold harmless the City from and against any liability, damage, loss or expense which may accrue to be sustained by the City on account of any claim, suit, or action brought against the City for the death of or injury to persons or destruction of property involving the contractor sustained in connection with performance of the contract arising from any cause whatsoever

(including without limitation, falls from scaffolding, ladders, catwalk, beams or other high places; mishaps involving cranes, booms, elevators, trucks or other equipment; all liability imposed upon the City by Section 240 of the New York

State Labor Law; injuries resulting from electrical shock; and failure of or defect in any equipment, instrument or device supplied by the City to the contractor) except negligence or willful misconduct of the City or its employees acting within the scope of employment.

2. The contractor agrees to defend, indemnify, and hold harmless the City, its officers, agents, boards, and/or representatives from any and all loss, cost, payment, judgment, and/or attorney’s fees arising from any and all claim or claims for personal injury and/or property damage allegedly caused by, or resulting from the work or performance of the work, including but not limited to, any and all claims for personal injury and/or property damage allegedly caused, in whole or in part, by the negligence or intentional act or omission of the contractor, its officers, agents, and/or representatives.

B. Insurance.

1. This contract shall be void and of no effect unless the contractor secures and delivers a certification of insurance dated within ten (10) days of the date of the signing of the contract, and contractor shall maintain such insurance policies as will protect himself/herself, his/her subcontractors and, unless specified otherwise, the City of

Albany, New York (the Owner), including its agents, servants, boards, and employees and the Engineer, where applicable, as additional named insured, on a primary and non-contributing basis, from any and all claims for bodily injuries, death or property damage which may arise from operations under this contract whether such operations be by the contractor or by any subcontractor or anyone employed by the contractor directly or indirectly, or any other party who may be injured, claim injuries, or die.

2. The following insurance policies are required:

a. Statutory Worker’s Compensation

b. Public Liability and

Property Damage Automotive Liability

Bodily injury Bodily Injury

Each occurrence $1,000,000 Each person $1,000,000

Aggregate $1,000,000 Each accident $1,000,000

Property Damage Property Damage

Each occurrence $1,000,000 Each accident $500,000

Aggregate $1,000,000

c. Such policies to insure:

i. Contractor’s Public Liability & Property Damage, including explosion, collapse and underground hazards.

ii. Contractor’s Protective Liability & Property Damage.

iii. Completed Operations Liability & Property Damage.

iv. Contractual Public Liability & Property Damage.

v. Automobile Public Liability & Property Damage insuring all owned and non-owned automotive vehicles and equipment.

3. Owner’s Protective Liability & Property Damage. The contractor shall take out and furnish to the City and maintain and pay for during the life of this contract, complete

Owner’s Protective Liability Insurance and shall provide certificates of insurance dated within ten (10) days of the signing of the contract, protecting the City, its agents, boards, servants, and employees and the Commissioner as additional named insured, on a primary and non-contributing basis, from any and all claims for personal injury, death, or property damage arising out of the operations of the contractor and the subcontractor(s) on this job. The limits of liability shall be the same as specified under

(2) above for the Contractor’s Public Liability and Property Damage Insurance.

4. The original Owner’s Protective Liability insurance policy and certificates and/or copies of policies of such insurance specified above shall be furnished to the City prior to commencement of the work. All policies shall be secured from a company or companies, which are satisfactory to the City and licensed to issue such policies in the

State of New York. All policies and certificates shall contain an unequivocal statement that not less than thirty (30) days written Notice of Cancellation of any insurance shall be given to the City.

SECTION 16. LABOR COMPLIANCE

A. New York State Labor Law Compliance.

1. Pursuant to Article 8 of the New York State Labor Law, no laborer, worker, or mechanic in the employ of the contractor, subcontractor, or other person doing or contracting to do the whole or part of the work contemplated by the contractor shall be permitted or required to work more than eight (8) hours in any one (1) calendar day or more than five (5) days in any week, except in cases of extraordinary emergency including fire, flood, or danger to life or property. No such person shall be so employed more than eight (8) hours in any day or more than five (5) days in any one week except in such emergency. The wages to be paid for a legal day’s work to laborers, workers, or mechanics performing work upon the contract shall not be less than the prevailing rate of wages as defined in Article 8 of the Labor Law.

2. Additionally, each laborer, workman or mechanic employed by the contractor, subcontractor or other person performing the contract shall be provided the supplements required by that Article.

B. City of Albany Living Wage Compliance. All Contractors who enter a service contract with the City shall comply with the Living Wage Ordinance codified in Albany City code in § 42-161. A copy of the living wage compliance form is annexed to this Bid Packet in the Required Forms Section.

SECTION 17. STATEMENT OF NON-INVESTMENT IN THE IRANIAN ENERGY

SECTOR

A. Pursuant to General Municipal law § 103-g, by submitting 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 its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law.

B. The list in question is maintained by the New York State Office of General Services. For further information and to view this list please go to: Iran Divestment Act List of Entities

C. If in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. A political subdivision may award a bid to a bidder who cannot make the certification pursuant to Paragraph “A” of N.Y. General Municipal Law § 103-g on a case-by-case basis.

SECTION 18. NON-DISCRIMINATION AND DIVERSITY STATEMENT

A. Pursuant to Federal laws and regulations, the New York State Executive Law Article 15-

A and the City of Albany General Code Chapter 48, Article III Omnibus Human Rights

Law, the City recognizes its obligation under the law to prevent discrimination on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency and to promote opportunities for maximum feasible participation of certified minority-and women-owned business enterprises and the employment of minority group members and women in the performance of City contracts.

https://ogs.ny.gov/system/files/documents/2025/04/iran-divestment-act-list-of-entities-4.15.25.pdf

B. In furtherance of these rules and principles, the City highly encourages the participation of certified minority- and women–owned business enterprises (“MWBE”) at the City’s goal levels and the employment of minority groups’ members and women in the performance of its contracts. The City hereby notifies all bidders submitting a bid that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency in consideration for award.

C. Further, by submission of a bid in response to this Bid request, 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 its knowledge and belief that: “The respondent/contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The respondent/contractor will not participate directly or indirectly in the discrimination prohibited by the federal, state and local laws and regulations, including employment practices. In all solicitations, either by competitive bidding, or negotiation made by the respondent/contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the respondent/contractor of the respondent/contractor’s obligations under this Statement and the federal, state and local laws and regulations relative to Non-discrimination on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency.”

SECTION 19. 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 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 the statements within the NON-

COLLUSION AFFIDAVIT OF BIDDER, Form #1 annexed to this Bid Packet, are true and correct. Submission of Form #1 is required in order for the City consider the bid submission.

SECTION 20. INTERNATIONAL BOYCOTT

A. In accordance with Section 200-f of the Labor Law, the bidder agrees, as a material condition of the contract:

1. That neither the bidder nor any substantially owned or affiliated person, firm, partnership, or corporation has participated, is participating, or shall participate in any international boycott in violation of the provisions of the United States Export

Administration Act of 1969, as amended, or the Export Administration Act of 1979, as amended, or the regulations of the United States Department of Commerce promulgated thereunder.

2. That if the bidder of any substantial owner or affiliated person, firm, partnership, or corporation has been convicted or subjected to a final determination by the

United States Department of Commerce or any other appropriate agency of the

United States of a violation of the United States Export Administration Act of 1969, as amended, or the Export Administration Act of 1979, as amended, or the regulations of the United States Department of Commerce promulgated thereunder, the bidder shall notify the City and the New York State Comptroller of such conviction or determination in the manner prescribed by the Comptroller’s regulations.

TECHNICAL SPECIFICATIONS

The City of Albany is seeking bids for crack repair and resurfacing several basketball and tennis courts at eight park facilities in the city. It is anticipated that the project will be completed in one or two waves:

A. Start spring selected courts no later than June 1 and complete Spring series by June 1

B. Start Fall selected courts no earlier September 1st with a completion by October 31st

Bidders shall indicate which wave they intend to address on the bid sheet.

In sum, in the eight parks there are ten basketball courts and twelve tennis courts. The basketball courts total 56,315 sq. ft. total, and the tennis courts total 84,300 sq. ft. total. The square footage for all courts equate to 140,615 sq. ft. of resurfacing. The City of Albany Department of Recreation reserves the right to add additional court resurfacing using the same specs as included in this specification, a per-square-foot price shall be included on the bid sheet for additional work.

The project can generally be described as follows:

Providing all labor, materials, machinery, tools, equipment, and other means necessary and incidental to repairing and re-coating the Courts as described in these specifications. Work shall include, but not be limited to the following:

1. Providing all maintenance and protection of pedestrians.

2. Contacting UFPO to obtain all utility clearances.

3. Pressure wash surface area to remove mold and mildew using high pressure washing head capable of producing heated water as needed. Walk behind pressure washing system recommended.

4. Clean and fill cracks using Sports Master Acrylic Court Filler (or approved equal such as a

RiteWay Crack Repair System)

5. Apply one coat of Sports Master acrylic neutral re-surfacer (or approved equal) with 50 mesh rounded silica.

6. Apply two coats of Sports Master acrylic (or approved equal), fortified with 80 mesh rounded silica. (Inbound and outbound colors differ)

7. Mask and paint courts with Sport Master acrylic white line paint (or approved equal) 2” wide as per the proposed layout. (All markings will be hand rolled)

Before lines are reapplied, the contractor shall confirm layout and striping dimensions with the City Recreation Department

White textured Tennis lines shall be applied in accordance with USTA specifications

Pickle ball lines shall be applied per standards identified within the Official USA Pickle ball Rulebook, with a different color striping.

Basketball court lines shall be applied in accordance with NBA standards.

8. All colors shall be selected by the City Recreation Department; color charts shall be provided.

Shop drawings of coating and surface repair systems shall be submitted for approval.

9. Site Restoration

BID WORKBOOK

Please see and complete workbook after the Project Manual for reference.

REQUIRED FORMS

FORM #1

NON-COLLUSION AFFIDAVIT OF BIDDER

CITY OF ALBANY, NEW YORK

State of New York )

) ss.

County of )

________________________________________, being first duly sworn, deposes and says that:

1) He/she/they is/are__________________________________________________________________ of

(owner, partner, officer, representative, or agent)

______________________________________, the Bidder that has submitted the attached Bid;

2) He/she/they is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid:

3) Such Bid is genuine and is not a collusive or sham Bid:

4) 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 their 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 competition.

B. A Bid shall not be considered for award nor shall any award be made where clauses 4) A.1, 2, and

3 above have not been complied with; provided however, that if in any case the Bidder cannot make the foregoing certification, the Bidder shall so state and shall furnish with the Bid a signed statement which sets forth in detail the reasons therefore. Where 4) A.1, 2, and 3 above have not been complied with, the Bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the State, public department, or agency to which the Bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

C. The fact that a Bidder (i) has published price lists, rates or tariffs covering items being procured, (ii) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, (iii) 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 clause 4) A. 2.

D. Any Bid hereafter made to the municipality or any public department, agency, 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 in subparagraph 4.A. of this section, 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.

5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its owners, partners, officers, representatives, agents, employees, or parties in interest, including this Affidavit.

(Signature)

(Title)

Subscribed and sworn to before me this:

_______day of ____________________, 20__

LIVING WAGE CERTIFICATION/DECLARATION – SUBJECT TO AUDIT

The City of Albany has adopted a Living Wage Ordinance. All contractors who enter into a SERVICE contract must complete this form.

If the following definition of SERVICE contract applies, complete Sections I, III, IV, as well as the attached Living Wage Compliance Form. If the following definition of SERVICE contract DOES NOT apply, complete Sections II, III and IV.

SERVICE CONTRACT -- A contract awarded to a contractor by the City primarily for furnishing services to or for the City (excluding the purchase of goods or other property, the leasing of property or the development, redevelopment or rehabilitation of real property) and that involves an expenditure by the City to the contractor of at least $20,000, or the retention by the contractor of fees of at least $30,000, during a period of one year. "Service contract" shall include unit price contracts that are designated by the City, where, based on experience or expected level of work, the City anticipates an expenditure to the contractor of at least $30,000 during a period of one year. "Service contract" shall not include separate contracts in amounts of less than $30,000 with the same contractor for different services which may involve a total expenditure by the City to the contractor of more than $30,000 during a period of one year. However, contracts may not be segmented to fall under the threshold, and multiple contracts with the same contractor for the same services shall be aggregated to determine the total expenditure for purposes of application of this section. Where an amendatory agreement or additional agreement with the same contractor causes the total expenditure to exceed $30,000 during a period of one year, this section shall apply to the amendatory agreement or additional agreement.

Section I. C Check if applicable: The Living Wage Law APPLIES to this contract.

I/we hereby agree to comply with all the provisions of the Albany Living Wage Ordinance 50.61.05 - (the Law) and, as such, will provide a full and part-time covered employees who perform work or render services on a service contract or subcontract where this company has received compensation, from the City of Albany as defined in the law (Compensation) a wage rate of no less than $16.72 per hour worked with health benefits – (must pay at least 70% of premiums), as described in the Law, or otherwise $19.43 per hour or the rates adjusted annually in accordance with the Law. I/we further agree to permit access to work sites and relevant payroll records by authorized City compliance representatives for the purpose of monitoring compliance with regulations under the Law, investigating employee complaints of noncompliance and evaluating the operation and effects of the Law, including the production for inspection & copying of payroll records for employees for the term of the contract. All payroll and benefit records required by the City will be maintained for inspection for a similar period of time. The Albany City Compliance Committee reserves the right to review the records of any Covered Employer at least once every three years to verify compliance with the provisions of the law.

Section II. C Check if applicable: The Living Wage Law DOES NOT APPLY to this contract.

Reason for exemptions/exclusions in ordinance) i.e. Contract less than $20,000.00. Construction work subject to federal or state prevailing wage

Section III.

Contractor Name: Federal Employer ID#:

Contractor Address: Contract Amount $

Contractor Phone # Email #

Description of project or service:

Section IV.

I declare under penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and that the above is true and correct.

Authorized Signature & Date

Print Name and Title of Authorized Representative

COMPLIANCE OFFICE

24 EAGLE STREET, ROOM 307

ALBANY, NEW YORK 12207

TELEPHONE (518) 407-0255

Living Wage Compliance

City Code § 42-161 requires a living wage be paid to employees by any contractors awarded a contract by the City primarily for furnishing services to or for the City (excluding the purchase of goods or other property, the leasing of property or the development, redevelopment or rehabilitation of real property) and that involves an expenditure by the City to the contractor of at least $20,000, or the retention by the contractor of fees of at least $30,000, during a period of one year.

Living Wage rates effective 7.1.25, as defined by the ordinance are as follows:

If at least 70% of health care benefits are covered by employer:

$ 16.72 Other: $ 19.43

Pursuant to the law, every proposal shall include a written commitment by the applicant to pay all covered employees a living wage and shall include a list of job titles and wage levels of all covered employees. Please provide titles and wage levels below for each employee who directly expends his/her time on a contract with the City. Please add additional pages if necessary.

Contract / Agreement: _ Company Name: _ Job Title Wage Range

Are employee health care benefits covered at least 70% by employer?

By signing below you are agreeing to pay all covered employees a Living Wage as set forth above for the duration of the contract with the City.

Signature: date Title:

Email: Phone:

Court Resurfacing at City Parks

1. Cat Hoke Basketball Court (77 Philip Street)

2. Colby Street Basketball Court (19 Colby Street)

3. Hackett Park Basketball and Tennis Courts (41 N. First Street)

4. Krank Park Basketball and Tennis Court (65 First Ave)

5. Upper Lincoln Park Basketball and Tennis Courts (Delaware Ave.)

6. Madison VI Basketball Courts (843 Madison Ave)

7. Rosemont Park Basketball and Tennis Courts (Rosemont St.)

8. Washington Park Tennis Courts (Madison Ave.)

KATHERINE M. SHEEHAN - MAYOR

CITY OF ALBANY

24 EAGLE STREET

ALBANY, NEW YORK 12207

BID DUE DATE NOVEMBER 4, 2025

At 12:00PM

TABLE OF CONTENTS

PAGE NUMBER

NOTICE TO BIDDERS..........................................................................................................................NTB-1 TO NTB-2

INSTRUCTIONS TO BIDDERS ............................................................................................................ITB-1 TO ITB-12

BIDDERS CHECKLIST.........................................................................................................................BC-1 BID

DOCUMENTS

Bid Form......................................................................................................................... .,,,,,,,,,,BF-1 TO BF-4 Certified Copy of Resolution of Board of Directors .......................................................,,,,,,,,,,BF-5 Non-Collusion Form ........................................................................................................ ,,,,,,,,,,BF-6 to BF-7 Bid Bond ..........................................................................................................................,,,,,,,,, 2 Pages Bidder's Qualification Questionnaire............................................................................... ...........BQ-1 TO BQ-2

AFFIDAVIT - WORKERS COMPENSATION .......................................................................................WC-1

CONSTRUCTION PERFORMANCE BOND ........................................................................................2 PAGES

CONSTRUCTION PAYMENT BOND ....................................................................................................2 PAGES

IRAN DIVESTMENT ACT CERTIFICATION ......................................................................................2 PAGES

COVID–19 PROJECT INTERACTION PLAN .......................................................................................5 PAGES

CITY OF ALBANY MINORITY PARTICIPATION REQUIREMENTS...............................................3 PAGES

LIVING WAGE CERTIFICATION ............................................................................................................2 PAGES

MODEL AGREEMENT.............................................................................................................................. ..4 PAGES

CITY OF ALBANY GENERAL REQUIREMENTS ................................................................................. 12 PAGES

GENERAL CONDITIONS ......................................................................................................................... ...44 PAGES

TECHNICAL SPECIFICATIONS

PREVIALING WAGE SCHEDULE

i

NOTICE TO BIDDERS

Court Resurfacing at City Parks

City of Albany, New York

Sealed bids will be received by the Board of Contract and Supply, City Hall Room 202, Albany, New York

12207 until 12:00 p.m. on November 4 , 2025 The bids will be publicly opened and read at 1:30 p.m.

The work includes providing all labor, materials, machinery, tools, equipment and other means of construction necessary and incidental to the completion of the work shown on the plans and described in these specifications including, but not necessarily limited to the following:

• Court Resurfacing at Tennis, Basketball and Pickelball courts at up to eight (8)

City Parks: Cat Hoke Park, Colby Park, Hackett Park, Krank Park, Upper Lincoln

Park, Madison (VI) Park, Rosemont Park and Washington Park

It is anticipated the project will be completed in one or two waves:

A. Start select courts and complete by April 15, 2026

B. Start reamning selected courts and complete by October 31st

Complete sets of the specifications and bid forms may be examined after October 7 , 2025 at the

Offices of the Board of Contract and Supply, City Hall Room 202, Albany, New York 12207. Copies may be obtained upon a refundable deposit of $25.00 in the form of a check made payable to the City of Albany and a non-refundable handling charge of $5.00. Checks shall be made payable to the City of Albany. Copies of bid documents may also be obtained online by visiting the following website:

http://www.empirestatebidsystem.com https://albanyny.gov/Bids.aspx

Questions pertaining to the bid package should be directed Martin R. Daley, at (518) 407-0651 or email at mdaley@albanyny.gov.

All bids must be made on the official Bid Form or an exact copy by reproduction thereof and enclosed in a sealed envelope. This is a Lump Sum bid as described in the Instructions To Bidders. No Bidder may withdraw his/her/their bid within forty five calendar days after the actual date of the opening thereof.

Bidders are strongly encouraged to visit each of the prospective sites to develop the scope and costs for their bid responses.

NTB-1

Each bid must be accompanied by a bid security in the amount of five percent of the base bid in accordance with the Instructions To Bidders. If a bid deposit is not submitted with the bid, the bid may be deemed incomplete and may not be considered.

All bids must be accompanied by a City of Albany Minority Participation Plan and/or Minority Participation

Waiver. If the Minority Participation documents are not submitted with the bid, the bid may be deemed incomplete and may not be considered. All requests for waivers shall be accompanied by a plan which identifies what portion of the goals will be attained.

Bids may be submitted by mail or other delivery system, however, it shall be the responsibility of the Bidder to ensure the bid is delivered by the date and time as specified above. The Board of Contract and Supply reserves the right to reject any bid delivered after the date and time specified above.

The Owner is exempt of sales and compensation use taxes of the State of New York and of cities and counties on all materials to be incorporated into the Work. These taxes shall not be included in the Bid. The owner will furnish the required certificates of tax exemption to the Contractor for use in the purchase of supplies and materials to be incorporated into the Work. The Owner’s exemption does not apply to construction tools, machinery, equipment, or other property owner by or leased by the Contractor, or to supplies or materials not incorporated into the Work. The Contractor shall be responsible for and shall pay any and all applicable taxes, including sales and compensation use taxes, on such tools, machinery, equipment, or other property, or such supplies and materials not incorporated into the Work.

The successful Bidder will be required to furnish construction performance and payment bonds in the full amount of the contract price.

All Bidders are directed to review the COVID‐19 Project Interaction Plan which is included in this project manual. The successful bidder shall be required to comply with all provisions of the plan and submit the acknowledgement with their bid.

The successful bidder will be required to comply with all provisions of the Federal Government Equal

Employment Opportunity clauses issued by the Secretary of Labor on May 21, 1968 and published in the

Federal Register (41CFR Part 60-1, 33 F.2 7804. All bidders must also comply with General Municipal Law section 103 and Sections 220-223 of the New York State Labor Law.

Owner reserves the right to reject any and all Bids, to waive any and all informalities and the right to disregard all nonconforming, non-responsive or Conditional Bids.

OWNER'S CONTACT

City Clerk’s Office

City Hall Room 202

Albany, New York 12207

Phone: (518 434-5090 Fax:

(518 434-5081

Martin R. Daley 628

Delaware Ave.

Albany, NY 12207

518-407-0651 (Office 518-894-2195

(Cell) mdaley@albanyny.gov

NTB-2

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

ARTICLE 1 - DEFINED TERMS ............................................................................................................... ITB-1

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS ................................................................................ ITB-1

ARTICLE 3 - QUALIFICATIONS OF BIDDERS ....................................................................................... ITB-1

ARTICLE 4 - EXAMINATION OF BID DOCUMENTS, OTHER RELATED DATA, AND SITE .............. ITB-2

ARTICLE 5 - PRE-BID CONFERENCE .................................................................................................... ITB-4

ARTICLE 6 - SITE AND OTHER AREAS .............................................................................. ................... ITB-4

ARTICLE 7 - INTERPRETATIONS AND ADDENDA ............................................................................... ITB-5

ARTICLE 8 - BID SECURITY ................................................................................................................ .... ITB-5

ARTICLE 9 - CONTRACT TIMES............................................................................................................. ITB-5

ARTICLE 10 - LIQUIDATED DAMAGES ................................................................................................. ITB-6

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS ....................................................................... ITB-6

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS ...................................................... ITB-6

ARTICLE 13 - SUBLETTING OR ASSIGNING THE CONTRACT. ........................................................ ITB-7

ARTICLE 14 - PREPARATION OF BID ................................................................................................... ITB-7

ARTICLE 15 - SUBMITTAL OF BID ......................................................................................................... ITB-8

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID ............................................................... ITB-8

ARTICLE 17 - OPENING OF BIDS ........................................................................................................... ITB-9 i

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE .......................................................... ITB-9

ARTICLE 19 - AWARD OF CONTRACT ...