Rec Center HVAC Upgrades Electrical Construction RFP 2026-15.pdf

City of Saratoga Springs, NY

Request for Proposal

PREPARED BY:

LABELLA ASSOCIATES, D.P.C.

July 22, 2026

ALL BIDS SHALL BE ENCLOSED IN A SEALED ENVELOPE MARKED:

RFP #: 2026-15 – Rec Center HVAC Upgrades Electrical Construction

Name of Bidder: ________________________________________

RFP Opening: Tuesday, August 18, 2026 at 2 PM

AND RETURN TO:

City of Saratoga Springs Department of Accounts 474 Broadway, Suite 14

Saratoga Springs, NY 12866

Rec Center HVAC Upgrades

Electrical Construction

JOHN SAFFORD

MAYOR

JOANNE KIERNAN

COMMISSIONER OF FINANCE

BAHRAM “BK” KERAMATI

COMMISSIONER OF PUBLIC WORKS

TIMOTHY COLL

COMMISSIONER OF PUBLIC SAFETY

JESSICA TROISI

COMMISSIONER OF ACCOUNTS

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM Rec Center HVAC Upgrades Electrical Construction: RFP 2026-15

Notice to Bidders

The City of Saratoga Springs, New York, will receive sealed bids for Upgrades to the HVAC system at the City’s Rec Center at 15 Vanderbilt Ave, Saratoga Spring, NY . The sealed bid must be received in its’ entirety by the City of Saratoga Springs, Office of the Commissioner of Accounts, 474 Broadway, Suite 14, Saratoga Springs, New York, 12866, by Tuesday, August 18, 2026 at 2 pm at which time they will be publicly opened and read.

A pre-bid meeting will be held at the Rec Center on Thursday July 30 at 10 am.

Interested bidders should meet at 15 Vanderbilt Ave, Saratoga Springs NY.

The project work site is located at 15 Vanderbilt Ave, Saratoga Springs, New York. The project includes all labor, materials, machinery, tools, scaffolding, equipment and other appurtenances, and all means and methods necessary to complete the work as described: HVAC unit removal and replacement; electrical, ductwork removal and reconfiguration; and controls removal and replacement.

Copies of the request for proposal (RFP) may be obtained on the City’s web page at www.saratoga-springs.org, under current bids. There is no fee for these documents.

This is a lump sum bid. Each bid must be accompanied by a Bid Security in the amount of ten (10) percent of the base bid in accordance with the Instructions to Bidders. The successful bidder will be required to furnish a Performance Bond and a Labor and Materials Bond, each in the full amount of the contract price.

Addenda, if any, will be issued only to those persons whose name and address are on record with the City as having obtained a bid packet. Addenda to the bid, when issued, will be on file in the City Clerk’s Office at least five days before the bid opening date. If you have obtained a bid packet through the City’s web site and would like to be on record for any Addenda please email stefanie.richards@saratoga–springs.org with your name, bid packet obtained and email address.

Questions regarding the bid should be directed to Stefanie Richards in writing at stefanie.richards@saratoga-springs.org. All bids must be made on the official bid form or an exact copy by reproduction thereof and enclosed is a sealed envelope.

No bidder may withdraw his/her bid within sixty (60) calendar days after the actual date of the opening thereof.

Subsequent to sixty days an offer may be withdrawn in writing. State Finance Law §163(9)(e). The City of Saratoga Springs 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 bid documents. State Finance Law §163(9)(d)

Saratoga County, New York http://www.saratoga-springs.org/

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM

TABLE OF CONTENTS

BIDDING AND CONTRACT DOCUMENTS

BIDDING FORMS

Notice to Bidders

Instructions to Bidders

Bidder Submittal Instructions

Non-Collusive Bidding Certification

Vendor/Supplier Code of Conduct

Risk & Safety Agreement

Bid Bond

Statement of Bidder's Qualifications

Bid Proposal

CONTRACT FORMS

City of Saratoga Springs: NY Contract

Appendix A

Performance Bond

Labor and Materials Bond

Waiver of Lien (with final payment requisition)

Prevailing Wage Rate Information Page

Standard General Conditions ......................................................... ........... SGC1-SGC62

Supplementary Conditions ............................................................. ................. SC1-SC11

Addenda

TECHNICAL SPECIFICATIONS (SEE COVER PAGE AT FRONT OF TECH SPECS)

DRAWINGS

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM

Instructions to Bidders

INSTRUCTIONS TO BIDDERS

1. RFP DOCUMENTS

This document includes a complete set of the RFP specifications and required documents, which are for the convenience of Bidders and are not to be detached from the bid. Failure to submit the required forms at the time of bid submission may disqualify the bid submission.

2. INTERPRETATION OR ADDENDA

No oral interpretation will be made to any Bidder as to the meaning of the bid or any part thereof. Every request for such an interpretation shall be made in writing to the City. Any inquiry received seven (7) or more days prior to the date fixed for opening of bids shall be given consideration. Every interpretation made to a Bidder shall be in the form of Addenda to the bid, and when issued, shall be on file in the City Clerk’s Office at least five (5) days before bids are opened. All Addenda shall be emailed to each person whose name and address are on record with the City as having obtained a bid packet or has attended a pre-bid meeting. All such Addenda shall become part of the bid and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

3. BIDS

All bids shall be submitted on documents supplied by the City and shall be subject to all requirements of the bid, including any plans, and these Instructions to Bidders. All bids shall be regular in every respect and no interlineations, excisions or special conditions shall be made or included in the bid documents by the Bidder.

The City may consider as irregular any bid on which there is an alteration of or departure from the bid forms hereto attached and at its’ option may reject the same. Purchases by the City of Saratoga Springs are not subject to any sales or federal excise taxes.

4. NON-COLLUSIVE BIDDING AND VENDOR CERTIFICATIONS:

Each Bidder submitting a bid to the City for the work contemplated by the documents on which bidding is based shall execute and attach thereto, the Non-Collusion and Vendor Code of Conduct Affidavit on the form herein provided, to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid submitted.

5. RISK AND SAFETY AGREEMENT AND CERTIFICATE OF INSURANCE:

Bidder must execute the Risk and Safety Agreement and include the agreement with the bid response submission. A Certificate of Insurance providing proof of the required insurance as outlined in the Risk and Safety Agreement with the bid response submission

6. APPRENTICESHIP PROGRAM:

The City of Saratoga Springs hereby requires any contractor on a project in excess of Two Hundred Thousand Dollar ($200,000.00) aggregate, at the time of bid date, or submission of quote, and prior to entering into a construction contract with the City of Saratoga Springs, or any sub-contractor on such a project with a sub-contract in excess of Fifty Thousand Dollar ($50,000.00) aggregate, at the time of bid date, or submission of

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM quote, and prior to entering into a sub-contract with a contractor who has a construction contract with the city of Saratoga Springs on a project in excess of Two Hundred Thousand Dollar ($200,000.00)aggregate, to have apprenticeship agreements traditionally and historically appropriate for the type and scope of work to be performed, which have been registered with, and approved by, the New York State Commissioner of Labor, and which have a graduation rate of at least thirty percent (30%).

7. CORRECTIONS:

The Bidder must initial erasures or other changes in the bid.

8. RECEIVING BIDS:

Bids received prior to the advertised time of opening shall be securely kept, sealed. The City Clerk’s office, whose duty it is to open them shall decide when the specified time has arrived to open bids, and no bid received thereafter will be considered. LATE BIDS shall be rejected. E-mail or faxed bid submissions are not acceptable and shall not be considered.

9. OPENING OF BIDS:

At the time and place fixed for the opening of bids, the City shall cause to be opened and publicly read aloud every bid that was received within the time set for receiving bids. Bidders and other persons properly interested may be present, in person or by representative.

10. WITHDRAWAL OF BIDS:

Bids may be withdrawn on written request dispatched by the Bidder in time for delivery in the normal course of business prior to the time fixed for opening; provided that written confirmation of withdrawal over the signature of the Bidder is placed in the mail and postmarked prior to the time set for bid opening.

11. EVALUATION PROCESS:

After the bid opening, each Bidder’s proposal will be screened for completeness and conformance with the requirements for this bid submission as set forth under the Bidders Submittal Instructions. Written bid amounts are the legally binding bid amount. Numeric bid amounts are viewed as a convenience. Proposals that do not meet the City’s requirements, as outlined in the RFP, may be deemed nonresponsive and given no further consideration. Proposals meeting the City’s requirements shall be evaluated first on technical information (i.e. operational plan, company background, staffing and personnel biographies, relevant experience, references) and then on the cost proposal.

12. AWARD OF CONTRACT: REJECTION OF BIDS

If the contract is awarded, it shall be awarded to the responsive and responsible Bidder submitting the best value bid complying with the conditions and qualifications of the Notice to Bidders and Instructions to Bidders.

The Bidder to whom the award is made will receive a "Notice of Award" at the earliest possible date.

The City, however, reserves the right to:

a. reject any and all bids and to waive any informality in bids received whenever bid packages are submitted incomplete without the required attachments and/or such rejections or waivers are in the City’s best interest;

b. consider as not responsible any Bidder who does not habitually perform with their own forces at least fifty percent (50%) of the dollar value of the work involved in the contract;

c. award the bid, in part, on the Bidder’s ability to provide timely technical assistance, part(s) replacement and service for repairs;

d. give preference to Minority Women Business Enterprise (MWBE) businesses; and/or

e. extend the contract for one (1) year from expiration under the same terms and conditions as long as the extension is agreeable to both the City and the Contractor.

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM

13. EQUAL EMPLOYMENT OPPORTUNITY:

The City, state and federal government have stringent requirements for ensuring that all Bidders comply with regulations requiring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Bidders will be required to abide by those requirements.

14. AMERICANS WITH DISABILITIES ACT:

The Bidder agrees to comply with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. The Bidder agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by the Bidder. The Bidder agrees that accommodations will be provided upon request to allow individuals with disabilities to participate in all services, programs and activities provided by the Bidder.

15. CIVIL RIGHTS:

The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §2000d to 2000d-4) and its regulations, hereby notifies all Bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement will provide the opportunity for disadvantaged business enterprises to be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

16. SEXUAL HARRASSMENT:

Every employer in the New York State is required to adopt a sexual harassment prevention policy giving all employees a legal right to a workplace free from sexual harassment. The City is committed to maintaining a workplace free from sexual harassment. Per New York State law, the City has a sexual harassment prevention policy in place. This policy applies to all employees, paid or unpaid interns and non-employees in our workplace, regardless of immigration status.

17. COMPLIANCE

Failure to comply with any of the above terms or any evidence of poor quality or service will be considered cause of discontinuing business with the successful Bidder.

18. CONSTRUCTION SCHEDULE

The Contractor shall submit their construction schedule with their bid submission showing how they will complete the work within the specified schedule.

The work the contractor is required to perform under this contract, shall be commenced as stipulated in the Notice to Proceed to Contractor. All work must be completed by June 1, 2027.

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM

BIDDING SUBMITTAL INSTRUCTIONS

Failure to submit RFP documents as required may lead to an immediate disqualification.

In order to guard against premature opening of the bid documents, your bids must be returned and enclosed in a sealed and clearly labeled envelope as follows:

Step One: You MUST execute and include the following documents, one original and one THUMB DRIVE, with your response:

• Your response to the RFP in question

• Non-Collusive Bidding and Vendor Code of Conduct Certification

• Risk & Safety Agreement and Certificate of Insurance

• Certificates of Insurance for all subcontractors

Step Two: Enclose your bid in a sealed envelope marked:

RFP #: 2026-15 – Rec Center HVAC Upgrades Electrical Construction

Name of Bidder: ____________________________________

Step Three: Please return your response to this RFP to the following address:

474 Broadway Suite 14

Saratoga Springs, NY 12866

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM

City Saratoga Springs’ NON-COLLUSIVE BIDDING CERTIFICATION: Section §139(d) State Finance Law

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 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.”

A bid shall not be considered for award nor shall any award be made where (1), (2), (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.

City Saratoga Springs’ VENDOR CODE OF CONDUCT

The City is committed to conduct business in a lawful, ethical and moral manner and expects the same standards from Vendors that the City conducts business with. The City requires that all Vendors abide by this Code of Conduct. Failure to comply with this Code may be sufficient cause for the City to exercise its rights to terminate its business relationship with the Vendor. Vendors agree to provide all information requested when necessary to demonstrate compliance with this Code. To promote a working relationship with the City based on ethical business practices, contractors, consultants, vendors and suppliers are expected to:

• Not seek, solicit, demand or accept any information, verbal or written, from the City or its representatives that provides an unfair advantage over a competitor.

• Not engage in any activity or course of conduct that restricts open and fair competition on City related projects and transactions.

• Not engage in any course of conduct with City employees or its representatives that constitutes a conflict of interest, in fact or appearance.

• Not offer any unlawful gifts or gratuities, or engage in bribery or other criminal activity.

• Report to the City any activity by a City employee or contractor, consultant or vendor of the City that is inconsistent with the City of Saratoga Springs’ Code of Ethics.

At a minimum, the City requires that all vendors, suppliers and their subcontractors will meet the following standards:

• Agree to comply with all applicable local, state and federal laws, regulations, statutes, rules and procedures.

• Set working hours, wages, and NYS statutory benefits and overtime pay in compliance with applicable labor laws.

• Provide and treat workers with a safe and healthy work environment that complies with local, state and federal laws.

• No person shall be subject to any discrimination in employment, including hiring, salary, benefits, advancement, discipline, termination or retirement on the basis of gender, race, religion, age, disability, sexual orientation, nationality, political opinion, party affiliation or social ethnic origin.

• Provide a working environment for employees to have the right to decide whether they want collective bargaining.

• Ensure that subcontractors shall operate in a manner consistent with this Code.

• Comply with all applicable environmental laws and regulations. Vendors, suppliers and subcontractors shall ensure that the resources and material they use are sustainable, are capable of being recycled and are used effectively and a minimum of waste.

Where practicable, vendors, suppliers and subcontractors are to utilize technologies that do not adversely affect the environment and when such impact is unavoidable, to ensure that it is minimized.

The undersigned Vendor hereby acknowledges that it has received the City Non-collusive Bidding Certification and Vendor Code of Conduct and agrees that any and all of its facilities and subcontractors doing business with the City will receive the Code and will abide by each and every term therein. You the Vendor acknowledge that your failure to comply with any condition, requirement, policy or procedure may result in the termination of your business relationship with the City. You the Vendor may reserve the right to terminate this agreement to abide by the Code of Conduct at any time for any reason upon ninety (90) days prior written notice to the City.

Signature: ______________________________________Printed name: ________________________________

Title: __________________________________________________ Date: _______________________________

Company Name: _______________________________________________________________________________

Company Address: ______________________________________________________________________________

Subscribed to under penalty of perjury under the laws of the State of New York, this __________ day of __________, 2026 as the act and deed of said corporation of partnership.

Company Address: ______________________________________________________________________________

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM

City of Saratoga Springs, NY: Risk and Safety Agreement for Professional Services

City Project Number: City Project Name: Prevailing Wage Project No.:

City Department: Department Contact Person: City Ext.

Company Name:

Company Address:

Company Telephone No.: Company Fax No.:

Consultant Primary Contact for This Project: Title:

Any and all professional services performed under this Agreement shall be completed by an individual licensed by the NYS Office of

Professions - Education Department as applicable to the service provided including, but not limited to accounting, actuarial, engineering and architectural services. The Consultant represents that it has all necessary governmental licenses to perform the services described herein.

The Consultant shall procure and maintain during the term of this contract, at the Consultant’s expense, the insurance policies listed with limits equal to or greater than the enumerated limits. The Consultant shall be solely responsible for any self-insured retention or deductible losses under each of the required policies. Every required policy, including any required endorsements and any umbrella or excess policy, shall be primary insurance. Insurance carried by the City of Saratoga Springs (the “City”), its officers, or its employees, if any, shall be excess and not contributory insurance to that provided by the Consultant. Every required coverage type shall be “occurrence basis” with the exception of Professional Errors and Omissions Coverage which may be “claims made” coverage. The Consultant may utilize umbrella/excess liability coverage to achieve the limits required hereunder; such coverage must be at least as broad as the primary coverage

(follow form). The Office of Risk and Safety must approve all insurance certificates. The City reserves its right to request certified copies of any policy or endorsement thereto. All insurance shall be provided by insurance carriers licensed & admitted to do business in the State of

New York and must be rated “A−:VII” or better by A.M. Best (Current Rate Guide). If the Consultant fails to procure and maintain the required coverage(s) and minimum limits such failure shall constitute a material breach of contract, whereupon the City may exercise any rights it has in law or equity, including but not limited to the following: (1) immediate termination of the contract; (2) withholding any/all payment(s) due under this contract or any other contract it has with the vendor (common law set-off); OR (3) procuring or renewing any required coverage(s) or any extended reporting period thereto and paying any premiums in connection therewith. All monies so paid by the

City shall be repaid upon demand, or at the City’s option, may be offset against any monies due to the Consultant.

The City requires the Consultant name the City of Saratoga Springs as a Certificate Holder for the following coverage for the work covered by this Agreement:

• Commercial General Liability Including Completed Products and Operations and Personal Liability Insurance: One Million Dollars per Occurrence with Two Million Dollars Aggregate;

• Commercial Automobile Insurance: One Million Dollars Combined Single Limit for Owned, Hired and Non-owned Vehicles;

• Excess Insurance: Three Million Dollars per Occurrence Aggregate;

• Professional Errors and Omissions Insurance: Two Million per Claim Aggregate; AND

• NYS Statutory Workers Compensation, Employer’s Liability and Disability Insurance: Failure to secure compensation for the benefit of, and keep insured during the life of this agreement, employees required in compliance with the provisions of Workers’

Compensation Law shall make this Agreement void and of no effect.

It shall be an affirmative obligation of the Consultant to advise City's Office of Risk and Safety via mail to Office of Risk and Safety, City of Saratoga Springs, 474 Broadway, Suite 21, Saratoga Springs, NY 12866, within two (2) days of the cancellation or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The Consultant acknowledges that failure to obtain such insurance on behalf of the municipality constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the City. The Consultant is to provide the City with a Certificate of Insurance naming the City as Additional Insured on a primary and non-contributory basis prior to the commencement of any work or use of City facilities. The failure to object to the contents of the Certificate of Insurance or the absence of same shall not be deemed a waiver of any and all rights held by the municipality. In the event the Consultant utilizes a Sub-Consultant for any portion of the services outlined within the scope of its activities, the Sub-Consultant shall provide insurance of the same type or types and to the same extent of coverage as that provided by the Consultant. All insurance required of the Sub-Consultant shall name the City as an Additional Insured on a primary and non-contributory basis for the same coverage all those activities performed within its contracted activities for the contact as executed.

The Consultant, to the fullest extent provided by law, shall defend, indemnify and save harmless the City, its Agents and Employees from and against all claims, damages, losses and expense (including, but not limited to, attorneys’ fees), arising out of or resulting from the performance of the work or purchase of the services, sustained by any person or persons, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of property caused by the tortious act or negligent act or omission of Consultant or its employees or anyone for whom the Consultant is legally liable or Sub-Consultants. Without limiting the generality of the preceding paragraphs, the following shall be included in the indemnity hereunder: any and all such claims, etc., relating to personal injury, death, damage to property, or any

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM actual or alleged violation of any applicable statute, ordinance, administrative order, executive order, rule or regulation, or decree of any court of competent jurisdiction in connection with, or arising directly or indirectly from, errors and/or negligent acts by the Consultant, as aforesaid.

The Consultant agrees to comply with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. The

Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by the Consultant. Upon request accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities.

The Consultant will provide his or her own equipment and materials as necessary to perform the work except as identified within the

RFP/RFQ/BID Documents. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Consultant's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Consultant and its staff are to be and shall remain an independent

Consultant with respect to all services performed under this Agreement. The Consultant represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the Consultant or other persons, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Laws of the State of New York on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Consultant, its officers, agents, Consultants or employees shall in no way be the responsibility of the City; and the Consultant shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers'

Compensation, Unemployment Compensation, disability, and severance pay.

The City specifically reserves the right to suspend or terminate all work under this contract whenever Consultant and/or Consultant’s employees or sub-consultants are proceeding in a manner that threatens the life, health or safety of any of Consultant’s employees, sub-consultant’s employees, City employees or member(s) of the general public on City property. This reservation of rights by the City in no way obligates the City to inspect the safety practices of the Consultant. If the City exercises its rights pursuant to this part, the Consultant shall be given three (3) days to cure the defect, unless the City, in its sole and absolute discretion, determines that the service cannot be suspended for three (3) days due to the City’s legal obligation to continuously provide Consultant’s service to the public or the City’s immediate need for completion of the Consultant’s work. In such case, Consultant shall immediately cure the defect. If the Consultant fails to cure the identified defect(s), the City shall have the right to immediately terminate this contract. In the event that the City terminates this contract, any payments for work completed by the Consultant shall be reduced by the costs incurred by the City in re-bidding the work and/or by the increase in cost that results from using a different vendor.

Consultant, having agreed to the terms and the recitals set forth herein, and in relying thereon, herein signs this Agreement.

Consultant Signature: Date:

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM

Bid Bond

KNOW ALL MEN BY THESE PRESENT: That we the undersigned,_____________________________________ as Principal and _____________________________________ as SURETY are held and firmly bound unto Owner hereinafter called CITY OF SARATOGA SPRINGS in the sum of ($ i.e.; 10%) of the Amount Bid Dollars for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated, __________________________, 2026.

For RFP #: 2026-15 – Rec Center HVAC Upgrades Electrical Construction

NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of the same, or if no period specified, within sixty (60) calendar days. After the said period specified, within ten (10) calendar days after the prescribed forms with the City of Saratoga Springs in accordance with the bid as accepted and give bond with good faithful performance and proper of said bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if between the amount specified in said bid and the amount for which the City of Saratoga Springs the difference between the amount specified in said bid and the amount for which the City of Saratoga Springs may procure and the required work or supplies for both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and effort.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this _________ day of _____________________, the name and corporate seal of each corporate party being hereto affixed and these presents signed by its undersigned representative, pursuant to authority of its governing body.

In Presence of:

________________________________________________ INDIVIDUAL PRINCIPAL (seal)

__________________________________________________ BUSINESS ADDRESS

_____________________________________ PARTNERSHIP ______________________ (seal)

___________________________________________________BUSINESS ADDRESS

BY_____________________________________

ATTEST: ______________________________

CORPORATE PRINCIPAL

BUSINESS ADDRESS

BY__________________AFFIX CORPORATE SEAL

ATTEST: _________________________ ___________________________________

CORPORATE SURETY

BY___________________AFFIX CORPORATE

SEAL

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM

STATEMENT OF BIDDER’S QUALIFICATIONS

Each Bidder must demonstrate, to the satisfaction of the Owner, that their firm and the personnel to be employed in the execution of the work possess requisite experience in comparable work on other buildings.

The submission of this signed and notarized form is a requirement of the Bidding Documents. All items must be answered and the data given must be clear and comprehensive. Failure to answer these questions in a complete manner will result in rejection of the bid. The Owner reserves the right to reject any bidder who, in the judgment of the Owner and based on a review of the Qualification Forms, is not qualified to perform the work of the Contract as specified. The Owner's decisions regarding rejection of the bids based on bidder's qualifications shall be final.

All the following questions must be answered. Questions No. 1 through 14 refer to the Contractor's firm and shall be used to determine ability of the Contractor to manage and perform the quality of work required under this Contract. Data given must be clear and comprehensive. If needed, answers may be on separate attached sheets.

Photographic data may be furnished on jobs listed.

1. Name of Bidder: _________________________________________________________

2. Permanent main office address: ______________________________________________________

3. Year organized: _______________________

4. If a Corporation, where incorporated: __________________________

5. How many years has your organization been in business under its present name?

6. How many years under previous business names (if any)? __________________________________

List previous names: _________________________________________________________________

7. Will you subcontract any part of the work? ______________ If so, list subcontractors and their trade:

They also need to submit the required levels of insurance outlined in the Risk & Safety Attachment.

1. ___________________________________________________________________________

2. ___________________________________________________________________________

3. ___________________________________________________________________________

4. ___________________________________________________________________________

5. ___________________________________________________________________________

8. Have you ever defaulted on a contract? If so, where and why?

9. Have you ever failed to complete any work awarded to you? ________________

10. Credit available: $_________________

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM

11. Give bank reference: _________________________________________________

12. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the local public agency? ___________________

13. Does your business sponsor an active apprenticeship training program? _______________

14. Is the program currently registered with the NYS Department of Labor? _______________

THE UNDERSIGNED hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Local Public Agency in verification of Bidder's Qualifications.

Dated this day of: ______________________ 2026

Signature: _________________________________________________

Printed name: ______________________________________________

Title: _____________________________________________________

Company: _________________________________________________

Company Address: ______________________________________________________________________

Phone: _______________________Cellular: _________________________________________

Email: _____________________________________________________

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM

BID PROPOSAL

ALL BIDS SHALL BE ENCLOSED IN A SEALED ENVELOPE MARKED:

RFP #2026-15 – Rec Center HVAC Upgrades Electrical Construction

AND RETURN TO:

474 Broadway Suite 14

Saratoga Springs, NY 12866

BID PROPOSAL SUBMITTED BY

Bidder: ________________________________________________________________, (Contractor)

DEAR COMMISSIONER:

The undersigned has inspected the proposed work site, reviewed the Instructions to Bidders, Plans and

Specifications and hereby agrees to perform the restoration work, complete as indicated on the project documents including all labor, materials, machinery, scaffolding, lifts, bracing, tools, equipment and other means of construction necessary and incidental, complete and ready for use, as outlined in the project documents. The work which the contractor is required to perform under this contract, shall be commenced as stipulated in the Notice to Proceed to Contractor.

It is anticipated all major work is to be completed by June 1, 2027.

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM

BASE BID:

Generally, the Work includes all labor, materials, machinery, tools, scaffolding, equipment and other appurtenances, and all means and methods necessary to complete the work as described: replacement;

HVAC unit removal and replacement; ductwork removal and reconfiguration.

BID BOND OR BID DEPOSIT:

A bid bond or bid deposit check for 10% of the total bid price, made payable to the Commissioner of Finance is attached in the amount of $_______________________ security as required by the Instructions to Bidders for the project.

ALLOWANCES:

Bid includes a 10% Allowance for additional work that the Owner may request from the Bidder for unforeseen conditions during the project. Allowance is to be in accordance with Paragraph 11.02 C Contingency Allowance of the Standard General Conditions of the Construction Contract.

ACKNOWLEDGEMENTS:

Acknowledgement is hereby made of the receipt of the following Addendum:

Addendum No.____________________________ dated ______________________

Addendum No.____________________________ dated ______________________

The foregoing proposal (s) include all labor, supervision, material, taxes (if any), overhead, bond costs, profit and other considerations normally included in construction contract costs.

DESCRIPTION

LUMP SUM PRICE

IN WRITING NUMBERS

Task 1

Demolition and removal of

Existing Electrical Equipment

Task 2 Installation of New Electrical

Equipment

Allowance 1 10% Allowance

Total

TOTAL LUMP SUM BID

(Task1 + Task 2 + Allowance 1)

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM

The Undersigned understands that the Owner reserves the right to accept or to reject any proposal(s), but that if notice of the acceptance of this proposal is mailed, telegraphed or delivered to the Undersigned within thirty (30) days after the opening of the bids, or any time before this proposal is withdrawn, the Undersigned will execute a contract with the City of Saratoga Springs for this work.

The Undersigned further agrees that if awarded the contract, he will: (1) Commence work upon receipt of the executed contract, (2) that he will provide bonds as required, (3) that he will commence active construction work at the site as outlined in the Notice to Proceed, (4) that he will substantially complete the work in its entirety, ready for use by the Owner as per the project documents.

Date: __________________________________, 2026

Signed: _____________________________________ (Principal of Company)

Printed Name: ______________________________________

Title: ______________________________________

Company: _____________________________________________________________

Address: _____________________________________________________________

Phone: _______________________Cellular: _________________________________________

Email: _________________________________________

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM

City of Saratoga Springs, NY Contract

City Project Number: City Project Name:

City Department: Department Contact Person: City Ext.

Company Name:

Company Address:

Company Telephone No.: Company Fax No.:

Vendor and/or Service Provider Primary Contact: Title:

Primary Contact Email:

Service to be Provided:

Remit Name (If different from above):

Remit Address:

1. Scope of Agreement: In response to a request for a pricing proposal requested by the City for ________________, the Vendor and/or Service Provider submitted proposals dated ____________ (the “Proposals/Statement of Work”), which are attached hereto as Exhibit A. The Vendor and/or Service Provider shall provide to the City the products and services set forth therein. The Vendor and/or Service Provider assumes full responsibility for the provision of the products and services made available in this Agreement. The Vendor and/or Service Provider shall be so liable even when the Vendor and/or Service Provider subcontract the provision of a portion of the products and services. Subcontracting shall be permitted only with the prior written approval of the City. The Vendor and/or Service Provider assumes all risks in the performance of all its activities authorized by this Agreement.

2. Term of Agreement: The term of this Agreement shall commence per the date of approval of this Agreement by the City Council of the City of Saratoga Springs. This Agreement shall continue in force from the effective date until the work provided as described herein is satisfactorily completed or by ____________. Any modification of the work performed by the Vendor and/or Service Provider shall be made in writing and shall not be undertaken until the City agrees to the modification. The Vendor and/or Service Provider assume full responsibility for the provision of the products and services contracted for in this Agreement. The Vendor and/or Service Provider shall be so liable even when the Vendor and/or Service Provider subcontract the provision of a portion of the products and services. Subcontracting shall be permitted only with prior written notice and written approval of the City. The Vendor and/or Service Provider will provide his or her own equipment and materials as necessary to perform the work except as identified within the RFP/RFQ/BID Documents. The Vendor and/or Service Provider assume all risks in the performance of all its activities authorized by this Agreement.

3. Terms of Payment: Vendor and/or Service Provider will invoice the City on a monthly basis and the City will pay all invoices within thirty (30) days of receipt of the invoice or as practicable. The City shall pay the Vendor and/or Service Provider in accordance with the City Charter per the Purchasing Guidelines established by the City. All work performed under this agreement must be in accordance with the NYS Department of Labor Prevailing Wage Regulations. The Costs, fees, and disbursements associated with the provisions of the products and services shall be determined in accordance with the proposal submitted not to exceed __________________________________, a copy of which is annexed hereto and made a part hereof. Detailed original invoices not received within forty five (45) calendar days of the completed transaction could result in a delay of payment.

4. Notice: Any notices sent to the City under this Agreement will be effective five (5) business days after the postmarked date of mailing by certified mail, return receipt requested. The Mayor/Commissioner of _________ is the designated Project Manager for this Agreement, shall represent the City in all matters, and has the authority to affect the delivery of products and/or services. The Project Manager for the Vendor and/or Service Provider is ______________. Any notice, request, demand or other communication required or provided for in this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or mailed in a sealed envelope, postage prepaid, addressed as follows:

To the City: Mayor/Commissioner of ________, City Saratoga Springs, 474 Broadway, Saratoga Springs, NY 12866

With a copy to: City Attorney, City Saratoga Springs, 474 Broadway, Saratoga Springs, NY 12866

To Vendor and/or Service Provider: _____________________________

5. Conflicts of Interest: The Vendor and/or Service Provider represents and warrants that it has no conflict, actual or perceived, that would prevent it from performing its duties and responsibilities under the Agreement.

6. City Property: All information and materials received hereunder by the Vendor and/or Service Provider from the City are and shall remain the sole and exclusive property of the City and the Vendor and/or Service Provider shall have no right, title, or interest in or to any such information or materials by virtue of their use or possession hereunder by the Vendor and/or Service Provider. All intellectual property, created by the Vendor and/or Service Provider hereunder as a product or as a service to the City shall be the sole and exclusive property of the City. Effective upon their creation pursuant to the terms of this Agreement, the Vendor and/or Service Provider conveys, assigns and transfers to the City the sole and exclusive rights, title and interest in all documents, electronic databases, and custom programs, whether preliminary, final or otherwise, including all trademarks and copyrights. The Vendor and/or Service Provider hereby agrees to take all necessary and appropriate steps to ensure that the custom products are protected against unauthorized copying, reproduction and marketing by or through the Vendor and/or Service Provider, its agents, employees, or subcontractors. Nothing herein shall preclude the Vendor and/or Service Provider from otherwise using the related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under this Agreement in the course of the Vendor and/or Service Provider’s business.

The Contractor grants to the City a perpetual, nonexclusive, royalty-free, unlimited use license to use, execute, reproduce, display, modify and distribute any pre-existing software, tools or techniques delivered by the Vendor and/or Service Provider under this Agreement. Any

City of Saratoga Springs, NY RFP Opening: Tuesday, August 18, 2026 at 2 PM written reports, opinions and advice rendered by the Vendor and/or Service Provider shall become the sole and exclusive property of the City, and the Vendor and/or Service Provider shall have no right, title, or interest in or to any such information or materials by virtue of their use or possession hereunder by the Vendor and/or Service Provider.

7. Retention of Records: The Vendor and/or Service Provider shall make available to the City all information pertinent to the project, including reports, studies, drawings, and any other data. All original records generated as a result of the project shall be maintained by the Vendor and/or Service Provider for a period of six (6) years after expiration of the Agreement. Upon request, copies of those records shall be provided to the City at no cost.

8. Independent Vendor and/or Service Provider Status: It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Vendor and/or Service Provider's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Vendor and/or Service Provider and its staff are to be and shall remain an independent Vendor and/or Service Provider with respect to all services performed under this Agreement. The Vendor and/or Service Provider represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the Vendor and/or Service Provider or other persons, while engaged in the performance of any work or services required by the Vendor and/or Service Provider under this Agreement, shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Laws of the State of New York on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Vendor and/or Service Provider, its officers, agents, Vendor and/or Service Providers or employees shall in no way be the responsibility of the City; and the Vendor and/or Service Provider shall defend, indemnify and hold the City, its officers,…