RFB-OC177-26 Application of Pickleball Court Surface Coating System.pdf

ORANGE COUNTY, NEW YORK

Department of General Services PO Box 218, 255-275 Main St.

Goshen, New York 10924

RFB TITLE: Application of Pickleball Court Surface Coating System RFB-OC177-26

RFB Shell 7/2024

APPLICATION OF PICKLEBALL COURT SURFACE COATING SYSTEM

PO Box 218, 255-275 Main St.

Goshen, New York 10924

TABLE OF CONTENTS

Notice to Bidders

Instructions to Bidders

Insurance Requirements

Bonding Requirements

Purchases by Other Political Subdivisions and Districts

Scope

Specifications

Term

Pricing

Payment

Submission of Bids

Additional Information (Interview & Site Visits)

Basis Of Award

Anticipated RFB Timeline

Bid Forms

Certification of Experience (References)

Questions

Non-Collusive Bidding Certification

Disclosure of Prior Non-Responsibility Determinations

Iran Divestment Act Certification

Information Sheet

Non-Bidder’s Response

The following attachments are applicable to this RFB only if checked:

Attachment Attachment A - Court Layout Attachment 2026 County Holiday Schedule Attachment Minimum Requirements Table Attachment Prior Award Information Attachment Form Agreement for Vendor Services

Attachment Form Labor Law Addendum to Agreement

Attachment Supplier Forms

Attachment ACH Form

Attachment Article 8 Prevailing Wage rates apply to this Request for Bids and are specified in PRC# 2026025387 which is attached and incorporated and can be obtained through the New York State Department of Labor website at:

http://wpp.labor.state.ny.us/wpp/showFindProject.do?method=showIt.

http://wpp.labor.state.ny.us/wpp/showFindProject.do?method=showIt

PO Box 218, 255-275 Main St.

Goshen, New York 10924

NOTICE TO BIDDERS

Bids for the County of Orange RFB-OC177-26, Application of Pickleball Court Surface Coating System will be received by the undersigned Commissioner of the Department of General Services, in her office at 255-275 Main St., Goshen, NY 10924, up to and including Wednesday, September 30, 2026 at 2:30 P.M., prevailing time, when they shall be opened and read aloud.

Copies of the Request for Bids may be obtained beginning Wednesday, September 2, 2026 at the above address between the hours of 9:00 A.M. and 4:45 P.M., Monday through Friday (with the exception of County observed holidays), as well as through https://www.bidnetdirect.com/new-york/county-of-orange.

September 2, 2026 Renee Arnold-O’Regan, Commissioner

(Remainder of Page Intentionally Left Blank) https://www.bidnetdirect.com/new-york/county-of-orange

PO Box 218, 255-275 Main St.

Goshen, New York 10924

INSTRUCTIONS TO BIDDERS

1. RFB SOURCE: Unless solicited directly by another County Department, the only official distribution source for this Request for Bid (“RFB”) is through the County of Orange (“County”) Department of General Services (“General Services”). Additionally, most RFB documents issued by General Services are distributed through BidNet which can be accessed through https://www.bidnetdirect.com/new-york/county-of-orange. If you have obtained this RFB from a different source, you are encouraged to contact General Services to receive an official copy. You may not receive addenda or important information regarding this RFB if you are not registered with General Services as having obtained a copy of this RFB through General Services or through BidNet.

2. TERMS AND CONDITIONS: By submitting a bid, asking the County to accept your offer for the sale of goods and/or services subject to the terms of the RFB. It is important that you READ and UNDERSTAND all terms and conditions contained in this RFB as well as understand the laws that govern public contracts in New York State. If you do not agree with the terms and conditions contained in this RFB you should not submit a bid. Your bid will be considered by the County if the following conditions are met:

(a) Restricted Communications. To the same extent provided in State Finance Law §139-j, there are certain restrictions on communications between the County and a prospective bidder during the procurement process. A prospective bidder is restricted from contacting other than County-designated staff commencing on the earliest notice of intent to solicit bids through final contract award and approval by the County Executive ("Restricted Period"), unless it is one of the permissible contacts specified in State Finance Law §139-j(a)(1) – (11). To the same extent provided in State Finance Law §139-k(5), the County will obtain certain information when contacted during the Restricted Period. The County-designated staff contact for this RFB is the Commissioner of General Services or her representative, telephone number (845) 291-2792.

Each bidder responding to this RFB must affirm that they understand and agree to comply with these requirements on the Bid Form provided in this RFB.

(b) Pre-bid Conference and Site Visit(s). This RFB does not require a pre-bid conference or site visit.

(c) Question Procedure. Prospective bidders are responsible for reporting in writing any errors, omissions, and/or ambiguities found in this RFB. All such reports, requests for information, questions, etc.

must be on the Questions Form provided in this RFB and either faxed to General Services at (845) 378-2365 or emailed to GeneralServices@orangecountygov.com. No questions will be entertained by any other means. All questions must be submitted by Wednesday, September 16, 2026 at 3:00 P.M., prevailing time. Questions received after that time will not be addressed. All questions presented in accordance with this Section 2(c) will be answered in addendum/addenda to be shared with all interested bidders.

Questions will not be responded to individually.

(d) Bid Submission. Unless otherwise specified, all bids must be made upon forms provided in this RFB, if any, as may be modified by addendum/addenda, contained in sealed envelopes clearly marked on the outside packaging with RFB-OC177-26, Application of Pickleball Court Surface Coating System addressed to Renee Arnold-O’Regan, Commissioner, General Services, PO Box 218, 255-275 Main St., Goshen, NY 10924 and received up to and including Wednesday, September 30, 2026 at 2:30 P.M., prevailing time. If NOT sending a bid via U.S. Mail (i.e., using FedEx, UPS, hand delivery, etc.) please use the following address:

Orange County Department of General Services, 255-275 Main St., Goshen, New York 10924. It is the bidder’s responsibility to clearly mark the outside of their mailing package with the RFB title and number.

Faxed and/or e-mailed bids are NOT permitted. NO LATE BIDS WILL BE ACCEPTED – NO EXCEPTIONS!

https://www.bidnetdirect.com/new-york/county-of-orange mailto:GeneralServices@orangecountygov.com

PO Box 218, 255-275 Main St.

Goshen, New York 10924

(e) Alterations. ANY ALTERATION OF THE BID FORM AND/OR THE SPECIFICATIONS PORTION OF THIS RFB WILL RENDER THE BID NON-RESPONSIVE. IF CLARIFICATION IS NEEDED ON ANY PORTION OF THE BID FORM AND/OR THE SPECIFICATIONS PORTION OF THIS RFB, SUCH CLARIFICATION MUST BE REQUESTED

USING THE PROCEDURE PROVIDED IN SECTION 2(C) OF THESE INSTRUCTIONS TO BIDDERS.

(f) Copies. TWO (2) sets of all bids must be submitted, ONE (1) SET OF WHICH MUST CONTAIN ORIGINAL SIGNATURES, including completed copies of any forms or certifications required in this RFB.

Forms, if any, provided in/with this RFB must be completely filled in, in ink or by typing, on the form provided in/with this RFB. Failure to respond to this RFB on any form(s) provided in/with this RFB may result in disqualification of a bid as non-responsive. The Bid Form must be properly executed and signed by the bidder. Any Bid Form that contains modifications, omissions, and/or erasures, is illegible, conditional, and/or unsigned will be rejected as non-responsive.

(g) Bid Modification; Withdrawal. Permission will not be given to modify or explain any bid after it has been opened, unless clearly specified in this document (e.g., interviews). Permission to withdraw a bid prior to bid opening will be at the discretion of the County and no replacement bid may be submitted without authorization from the Commissioner of General Services.

(h) MWBE, DBE. The County encourages submission of bids by Minority- and/or Women-Owned Business Enterprises (MWBE) and/or Disadvantaged Business Enterprises (DBE).

(i) Contractor Registration. Each bidder responding to this RFB must include proof of its registration with the New York State Department of Labor as required by Labor Law §220-i in its bid. Failure to include such proof in its bid automatically disqualifies a bidder from consideration for a contract award under this

RFB.

(j) [Reserved.]

(k) Subcontractor Registration. Any bidder that identifies one or more subcontractors in its bid must include proof of each such subcontractor’s registration with the New York State Department of Labor as required by Labor Law §220-i in its bid. Failure to include such proof in its bid automatically disqualifies a bidder from consideration for a contract award under this RFB.

(l) Workers’ Compensation Board Debarment. Pursuant to Workers’ Compensation Law §141-b, an entity that is debarred by the New York State Workers’ Compensation Board, or is the substantially owned affiliate of an entity so debarred, is ineligible for a contract award under this RFB. A contract awarded under this RFB may be terminated effective immediately if it is later determined by the County that the successful bidder was debarred under Workers’ Compensation Law §141-b, or was the substantially owned affiliate of an entity debarred under that section, either when such bidder submitted its bid in response to this RFB or at the time the contract was awarded.

(m) New York State Department of Labor Debarment. Pursuant to Labor Law §220-b, an entity that is debarred by the New York State Department of Labor, or is the substantially owned affiliate or successor of an entity so debarred, is ineligible for a contract award under this RFB. A contract awarded under this RFB may be terminated effective immediately if it is later determined by the County that the successful bidder was debarred under Labor Law §220-b, or was the substantially owned affiliate or successor of an entity

PO Box 218, 255-275 Main St.

Goshen, New York 10924 debarred under that section, either when such bidder submitted its bid in response to this RFB or at the time the contract was awarded.

(n) Prohibition on Tropical Hardwood. Pursuant to State Finance Law §165(2)(c)(ii), any bid submitted in response to this RFB which proposes or calls for the use of any tropical hardwood (as defined in State Finance Law §165(b)) or tropical wood product (as defined in State Finance Law §165(1)(d)) in performance of a contract resulting from this RFB will be deemed non-responsive.

(o) Bid Security. If bid security is required by this RFB it must be included in the bid. If performance and/or payment bonds are required by this RFB, bids must include a letter from bidder's bank or surety stating that the required letter of credit or bond(s) will be provided in the event of a contract award. The letter of credit or bond(s) shall be provided for each year or relevant portion of a contract, as may be applicable.

(p) References. A Certificate of Experience (References) is provided in this RFB. If indicated as required in this RFB, each bidder must complete and include a signed original and the applicable number of copies with its bid submitted in response to this RFB.

(q) Required Forms. A Non-Collusive Bidding Certification, Disclosure of Prior Non-Responsibility Determinations, Iran Divestment Act Certification, and Disclosure of Contractor-Subcontractor and Substantially Owned-Affiliated Entity Relationships are all provided in this RFB. Each bidder must complete and include a signed original of each document and the applicable number of copies of each in its bid submitted in response to this RFB.

(r) Basis of Award Provisions. Basis of Award provisions vary with each RFB, please read that portion of this RFB carefully. Under some RFBs, contracts may be awarded to more than one (1) entity. The Commissioner of General Services reserves the right to waive any informality, reject any and all bids, or, if noted in the Basis of Award portion of this RFB, accept any bid in whole or in part, if deemed to be in the best interest of the County.

(s) Award and Contract. Any award under this RFB is subject to the successful bidder’s execution of a contract with the County. The County's contract obligation is contingent upon successful bidder's provision of any required insurance and bonds, successful bidder's execution of a contract (substantively in the form provided with this RFB), and all required addenda, if any (substantively in the form provided with this RFB), and the availability of appropriated funds for the contract. No legal liability on the part of the County for payment of any money will arise unless and until a contract, together with all required addenda if any, is executed by both parties, funds are appropriated and made available in each year of the term of such contract, and all performance requirements for each payment are met. The County will have no responsibility or liability for any bidder's costs related to preparation of bids, attendance at interviews, etc.;

all such costs are solely at bidder's risk and expense. The County maintains a unilateral right to cancel or extend the contract in accordance with the terms of any contract resulting from this RFB. If a Vendor fails to perform or otherwise breaches the contract, in addition to any other rights and remedies the County may have, Vendor may be listed as non-responsible and may be ineligible for future contract awards.

(t) Proposed Exceptions to Contract. A successful bidder awarded a contract under this RFB agrees to execute a contract document substantively in the form provided with this RFB (i.e., Agreement for Vendor Services) in the timeframe, if any, indicated in this RFB. If a bidder wishes to propose an exception to any

PO Box 218, 255-275 Main St.

Goshen, New York 10924 provision of the form contract provided with this RFB, it must specifically state each exception in a letter addressed to the County Attorney on the letterhead of bidder’s legal counsel and include same in its bid submitted in response to this RFB. A bidder’s failure to state any exception(s) as provided herein shall be deemed an acceptance by said bidder of all terms and conditions of the form contract. Any and all stated exceptions to the form contract are subject to negotiation by and final approval of the County Attorney.

Exceptions not raised in the bid as provided herein, but later raised during contract negotiations, will not be considered by the County, unless consideration of same is determined by the County Attorney, in his sole discretion, to be in the best interests of the County. Failure to reach agreement on contract terms and conditions may result in rejection of a bid, rescission of an award, and/or retention of bid security by the County. The County reserves the right to cancel negotiations with the lowest responsible and responsive bidder if deemed to be in the best interests of the County and start negotiations with the lowest responsible and responsive bidder without advertising for new bids.

(u) Bidder Standard Agreements. If a bidder has its own standard licensing, maintenance and support, or similar type of agreement, said bidder must submit a copy of same with its bid submitted in response to this RFB if bidder wants the terms and conditions thereof to be considered by the County. To the extent that any terms and conditions set forth in a bidder’s standard agreement conflict with the terms and conditions set forth in the form contract provided with this RFB, the bidder must specifically state each such conflict by proposing an exception to the form contract as discussed in Section 2(t) of these Instructions to Bidders. The terms and conditions of any such standard agreement are subject to negotiation by and final approval of the County Attorney. The County will not accept a bidder’s standard agreement in lieu of the County’s form contract; however, those terms and conditions negotiated and approved as set forth herein may be incorporated and made a part of the form contract at the County’s discretion. Any standard agreement not included in the bid as provided herein, but presented later during contract negotiations, will not be considered by the County, unless consideration of same is determined by the County Attorney to be in the best interests of the County. Failure to reach agreement on contract terms and conditions may result in rejection of a bid, rescission of an award, and/or retention of bid security by the County. The County reserves the right to cancel negotiations with the lowest responsible and responsive bidder if deemed to be in the best interests of the County and start negotiations with the next lowest responsible and responsive bidder without advertising for new bids.

(v) Applicable Law. If awarded a contract under this RFB, bidder specifically agrees to abide by all applicable provisions of federal and state laws and regulations, as applicable to its agents, employees, subcontractors, and assigns. In hiring and employment practices, bidder shall not in any manner discriminate on the basis of race, creed, religion, color, sex, national origin, citizenship status, age, marital status, disability, genetic information or predisposing genetic characteristics, sexual orientation, military status, or domestic violence victim status.

(w) Supplier Forms. Supplier Forms are provided with this RFB. A successful bidder that has not received a purchase order in the last twelve (12) months from the County must submit completed and signed Supplier Forms prior to execution of a contract by the County.

(x) FOIL. Pursuant to New York’s Freedom of Information Law (“FOIL”) (Public Officers Law, Article 6, Sections 84-90) all government records are presumptively open for public inspection unless specifically exempted from disclosure under FOIL. Any bidder that has a good faith belief that information contained in its bid is exempt from disclosure under FOIL must, at the time of its submission, request the exemption in writing, setting forth the basis for the claimed exemption. In addition, said bidder must mark each page

PO Box 218, 255-275 Main St.

Goshen, New York 10924 of its submission claimed to be exempt from disclosure under FOIL with the following legend: “THE BIDDER BELIEVES THAT THIS INFORMATION IS PROTECTED FROM DISCLOSURE UNDER THE NEW YORK STATE FREEDOM OF INFORMATION LAW.” Neither a bidder’s classification of materials as exempt under FOIL nor the County’s acceptance of a bidder’s bid with the claimed exemption(s) should be considered a final determination as to whether the designated materials are exempt from disclosure under FOIL. Any and all determinations as to the propriety of claimed exemptions will be made by the County and/or a court of law in accordance with applicable law.

(y) Refunds. If a deposit was required to obtain this RFB and related documents, the price of one full set of documents returned in good condition within thirty (30) days after Notice of Award shall be refunded.

Refunds for all other copies in good condition shall be less the actual cost of reproduction per set.

3. DEFINED TERMS. In addition to any defined terms provided elsewhere in this RFB, the following terms are used hereafter in this RFB, the definitions of which are set forth below.

(a) The term “Contract” refers to the contract awarded under this RFB.

(b) The term “Contract Term” refers to the initial term of the Contract and any renewals and/or extensions thereof as more particularly discussed in the Term portion of this RFB.

(c) The term “NYS” refers to New York State.

(d) The term “Vendor” refers to the successful bidder awarded the Contract.

INSURANCE REQUIREMENTS

During the term of a contract resulting from this RFB, or longer if required, the successful bidder shall maintain, at its expense, workers’ compensation, disability, and liability insurance policies of the types and minimum coverages specified in the form contract attached to this RFB (i.e., Agreement for Vendor Services). Certificates of insurance evidencing bidder's compliance with these requirements shall be required prior to execution of a contract by the County. A contract award is conditional upon submission of insurance documents within the time specified in the Notice of Award. Failure to do so may result in disqualification of the bidder as non-responsive and/or the County's retention of any bid security.

BONDING REQUIREMENTS

No Bond is required for this contract.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

PURCHASES BY OTHER LOCAL GOVERNMENTS AND SCHOOL DISTRICTS

New York State General Municipal Law §§103(3) and (16), County Law §408-a, and County Procurement Policy allow New York State political subdivisions and districts to make purchases through County contracts open to such procurements by the County. THE AWARD OF ANY CONTRACT UNDER THIS RFB SHALL BE OPEN TO SUCH PROCUREMENTS. BIDDERS WHO DO NOT WISH TO ACCEPT THIS AS A CONDITION OF CONTRACT SHOULD NOT

SUBMIT A BID.

1. General Services shall make award information on any contract resulting from this RFB available to other political subdivisions.

2. Other political subdivisions or districts will issue purchase orders directly to the successful bidder within the specified contract period, referencing the County’s contract, and be solely liable and responsible for all payments due under the contract for that political subdivisions or district’s use of the contract. The County will not be liable or responsible for any debts incurred by other users of any contract resulting from this RFB.

3. All purchases shall be subject to audit and inspection by the County.

4. Necessary deviations from the County’s specifications in the terms of the contract, for example quantities or delivery points, shall be resolved between the successful bidder and the other political subdivision or district. However, at no time shall any change to price and product specifications be permitted, except where an item has been replaced by another item due to obsolescence or pricing is contingent on an outside factor (e.g., fuel at market rates) pursuant to the terms of the contract, and/or the successful bidder offers reduced pricing to any participant, which then must be made immediately available to all participants. If a product specification requires modification due to obsolescence, the County must approve a change of product in writing in order for it to be valid. In the event a product substitution is approved, no change in price will be permitted except when the price will be lower than the originally awarded price. Any reduced pricing shall be applicable to all other participants’ quantities ordered on or after the date such reduced pricing became effective for the initial participant receiving such pricing.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

SCOPE

The County of Orange (“County”) seeks a qualified Vendor(s) to perform the following work for the Orange County Department of Parks and Recreation (“Parks Department”). This project involves the application of pickleball court color surface system and lines for six pickleball courts on an asphalt surface at Thomas Bull Memorial Park in Montgomery, New York (“Site”) in accordance with the following Specifications. The pickleball courts are newly constructed and asphalt was installed in fall of 2025. Orange County Parks Department will be installing posts and nets.

SPECIFICATIONS

The County reserves the right to reject any Bid as non-responsive if such Bid is not in compliance with the Specifications.

1. WORK.

a. Vendor shall procure, transport to the Site, and apply a pickleball court color surface system (“Color Surface System”) and line markings to the six (6) pickleball courts at the Site (the “Courts”) in conformance with these Specifications (“Work”). A diagram depicting the Site and the Courts is annexed to this RFB at Attachment A. Vendor shall limit use of Site to Work in areas indicated on Attachment A and shall not disturb portions of Site beyond areas in which the Work is indicated.

b. Materials Delivery, Storage, and Handling. Vendor shall deliver all materials for use in connection with the Work (“Materials”) to the Site in the manufacturer’s original, unopened containers and packaging, with labels clearly identifying product name and manufacturer. Vendor shall:

i. store and handle Materials in accordance with manufacturer’s instructions;

ii. keep Materials in manufacturer’s original, unopened containers and packaging until application;

iii. store Materials in clean, dry area indoors;

iv. store Materials out of direct sunlight;

v. keep Materials from freezing;

vi. protect Materials during storage, handling, and application to prevent contamination or damage;

vii. close containers when not in use; and

viii. retain manufacturer batch codes on each container and application dates, for warranty purposes.

c. Court Surface Color Coating Application.

i. Ambient Conditions. Vendor shall not apply the Color Surface System to the Courts when air or surface temperatures are below 50°F (10°C) during application or within 24-hours after application, or when rain is expected during application or within 24-hours after application.

ii. Examination. Vendor shall examine the Courts’ surface(s) for its suitability to receive the

Color Surface System and to verify the Courts meet American Sports Builders Association

PO Box 218, 255-275 Main St.

Goshen, New York 10924 requirements. Vendor shall promptly notify County of conditions that would adversely affect application of the Color Surface System, or use of the Courts following application, and shall not begin surface preparation or application until such conditions are corrected.

Vendor’s application of Materials on the Courts’ surface(s) shall constitute Vendor’s affirmance that no such adverse conditions then exist on the Courts’ surface(s).

iii. Surface Preparation; Surrounding Areas. Vendor shall:

1. prepare the Courts’ surface(s) for application of the Color Surface System in accordance with manufacturer’s instructions;

2. protect adjacent surfaces and landscaping from contact with Color Surface System during application;

3. remove dirt, dust, debris, oil, grease, vegetation, loose materials, and other surface contaminants which could adversely affect application of Color Surface System, including through a pressure wash of the entire Courts’ surface(s);

4. repair depressions and surface defects in accordance with manufacturer’s instructions before application of filler course and color coating;

5. level depressions 1/8 inch and deeper with patch binder in accordance with manufacturer’s instructions;

6. apply one (1) to two (2) coats of filler course as required by surface roughness and porosity to provide smooth underlayment for application of Color Surface System;

7. ensure surface repairs are flush and smooth to adjoining surfaces;

8. keep driveways and entrances serving Site clear and available to County, County’s employees, and emergency vehicles at all times, and keep such areas free from vehicles and Materials;

9. schedule deliveries to the Site to minimize use of access routes;

10. schedule deliveries to the Site to minimize space and time requirements for storage of materials and equipment on Site.

iv. Application of Color Surface System. Vendor shall:

1. apply asphalt pickleball court surface color coating system in accordance with manufacturer’s instructions at locations indicated on the Drawings;

2. mix materials in accordance with manufacturer’s instructions;

3. apply filler course and color coating with a 50-60 durometer, soft rubber squeegee;

4. for filler course:

a. apply two (2) coats on new asphalt or existing acrylic surfaces with extensive cracks or low spot repair; and

b. apply one (1) coat on existing acrylic surfaces with minimal repairs;

5. for color coating: apply a minimum of two (2) coats of color coating to prepared surfaces in accordance with manufacturer’s instructions;

6. allow material drying times in accordance with manufacturer’s instructions before applying other materials or opening completed surface to foot traffic;

7. protect applied Color Surface System to ensure that, except for normal weathering, Color Surface System will be without damage or deterioration at time of completion; and

PO Box 218, 255-275 Main St.

Goshen, New York 10924

8. allow for a minimum of 24-hours cure time of the Color Surface System before final inspection, and, upon Vendor’s confirmatory inspection, notify County that the Courts may be opened for play.

v. Application of Line Markings. Vendor shall:

1. lay out pickleball court line markings on the Courts in accordance with United

States of America Pickleball Association Rules of Pickleball;

2. apply line markings primer, after masking tape has been laid to seal voids between masking tape and pickleball court surface to prevent bleed-under when line paint is applied; and

3. apply a minimum of one (1) coat of line paint in accordance with manufacturer’s instructions.

d. Warranty.

i. In performing the Work, Vendor shall assign qualified personnel and perform such Work in accordance with the standards, skills, diligence and quality control/quality assurance measures expected of the industry when performing services of this nature. Vendor shall at all times comply with all applicable laws, ordinances, statutes, rules, and regulations in the performance of the Work.

ii. Vendor shall warrant its performance of the Work against defects owing to a failure to perform in accordance with Section 1(d)(i) for a period of one (1) year from the final date of services provided under the contract. In the event a defect in the Work arising under this warranty is discovered within that timeframe, County shall notice Vendor of the same and Vendor shall, within thirty (30) days of demand and at County’s sole discretion, either (i) undertake to promptly correct said defect, or (ii) reimburse County for all fees, costs and expenses incurred in correcting said defect, including, but not limited to, all equipment, labor, inspections, and testing.

2. MATERIALS; QUALITY STANDARDS.

a. Manufacturer Name and Model Number/Style. Unless otherwise stated in this RFB, the use of manufacturer name and model number/style in these Specifications is for establishing minimum acceptable standards for quality of construction, styling, design, material, performance, size, and color availability. It is not intended to be restrictive or meant to exclude other manufacturers.

Products of other manufacturers that are of the same quality level, performance, and design will be considered. Bids submitted in response to this RFB that are based on an alternate manufacturer must be clearly identified as such in the Bid Form (included in this RFB) and include full product descriptions, and complete warranty information, and clearly show that the product offered meets the requirements stated in these Specifications, including in the Minimum Requirements Table attached to this RFB. County reserves the right to reject any Bid as non-responsive if compliance with these Specifications is not clearly evident from the Bid submitted in response to this RFB, in County’s sole discretion.

b. Baseline Manufacturer, Materials. The suggested manufacturer of the products to be used in the Work is SportMaster Sport Surfaces. The suggested Materials (defined below) for the Work are as follows:

PO Box 218, 255-275 Main St.

Goshen, New York 10924

i. Asphalt Pickleball Court Surface Color Surface System: SportMaster Color Surface System.

ii. Patch Binder: SportMaster “Acrylic Patch Binder”.

iii. Filler Course: SportMaster “Acrylic Resurfacer”.

iv. Color Coating: SportMaster “ColorPlus System”.

v. Line Markings Primer: SportMaster “Stripe-Rite”.

vi. Line Paint: SportMaster “Textured Line Paint”.

c. Minimum Requirements Table. Materials proposed for use in the Work in response to this RFB must meet each requirement listed in the Minimum Requirements Table attached to this RFB.

3. QUALIFICATIONS.

a. Vendor shall provide all labor, equipment, Materials and supplies necessary to perform the Work, in a professional and workmanlike manner and in full compliance with all applicable federal, state and local statutes, laws, ordinances, rules, regulations, policies and procedures and orders of “Authorities Having Jurisdiction” (as defined in New York State Uniform Fire Prevention and Building Code). Vendor and its employees charged with performing the Work must possess the requisite skills and qualifications to perform the Work as required in these Specifications and must hold all licenses required by all Authorities Having Jurisdiction over the Work.

b. Certificate of Contractor Registration. To be considered for a contract award under this RFB, a bidder must possess, at the time of submission of its bid, a Certificate of Contractor Registration as required by NYS Labor Law §220-i, as may be amended from time to time. Each bidder submitting a bid in response to this RFB must include a copy of its certificate for its bid to be considered responsive. The successful bidder awarded a contract under this RFB must maintain such certificate throughout the entire contract term and provide a copy of same to the County immediately upon request. Failure to maintain the required certificate will be cause for termination of the contract resulting from this RFB.

4. EXPERIENCE AND REFERENCES. Bidders must have a minimum of three (3) years of experience providing services similar in scope and nature to the Work. Bidders shall complete, and enclose with each Bid, the Certification of Experience (“References”) included in this RFB, providing six (6) references for projects in six (6) different locations. References should also include details regarding Bidder’s successfully completed asphalt pickleball court surface color coating system projects, including project name, location, type and quantity of color coating system applied, and date of application.

5. SUBMITTALS. Bidder shall include with its Bid, the following documentation pertaining to the Materials proposed for the Work:

a. manufacturer’s product data, including surface and application instructions;

b. manufacturer’s color samples of color coating;

c. independent test results for solar reflectance index;

d. independent test results for 2000 Hour ASTM G154, accelerated weathering UV test, to demonstrate long-term durability and fade resistance;

e. independent test results for 2000 Hour, accelerated weathering ASTM G155 Xenon Arc test, to demonstrate long-term fade resistance and quality of pigment;

PO Box 218, 255-275 Main St.

Goshen, New York 10924

f. manufacturer’s certification that materials comply with specified requirements and are suitable for intended application;

g. manufacturer’s list of successfully completed asphalt pickleball court surface color coating system projects, including project name, location, and date of application; and

h. manufacturer’s standard warranty and all batch numbers on manufacturer packaging for potential warranty claims.

6. TIME OF PERFORMANCE. Work shall commence within sixty (60) days of full contract execution, or the earliest consecutive dates thereafter in which weather and temperature is consistent to allow proper completion of Work as stated herein. All work should be completed in 2026.

TERM

The County anticipates that the initial term of Contract will be for a period of one (1) year (“Initial Term”). Upon expiration of the Initial Term, the Contract may be extended unilaterally by the County for an additional period of up to two (2) months on the same terms and conditions as the terms and conditions set forth in the Contract. With the concurrence of Vendor, such short-term extension may be for a period of up to three (3) months in lieu of the up to two (2)-month period. Any such short-term extension shall be referred to as an “Extended Term.” Vendor must execute a change order or amendment to its Contract memorializing such Extended Term. Vendor must return the executed change order or amendment to the County by the date provided in the correspondence accompanying such change order or amendment.

PRICING

1. NO CONDITIONAL BIDS. The County does not accept any conditional bids (i.e., minimum quantities, minimum dollar amount orders, etc.).

2. SUBMISSION OF PRICING. Pricing must be submitted on the Bid Form provided in this RFB for the Initial Term and each potential Renewal Term. The fixed percentage markup on OR discount off parts provided on the Bid Form will remain constant for the entire Contract Term. Any discrepancy between bidder’s subtotals or totals on the Bid Form and the correct sum of the line-item pricing will be resolved in favor of the correct sum.

3. EXTENDED TERM PRICING. In the event of an Extended Term (as discussed in the Term portion of this RFB), the rates from the immediately preceding Initial Term will apply throughout the duration of such Extended Term with no adjustment permitted.

4. NO TAXES. The prices submitted shall be exclusive of federal and state sales taxes (or other taxes inapplicable to government entities) and must not include any tax for which the bidder may claim exemption because of doing business with the County.

5. FREIGHT CHARGES; SURCHARGES. Any freight charges on parts will only be reimbursed at the actual cost upon proof of invoice from Vendor’s common carrier showing what the actual freight charges were. No additional markup will be allowed. No handling, fuel, inflation, or other surcharges will be accepted or reimbursed by the County.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

6. NO CHANGE TO PRODUCT. If the Contract involves provision of goods, equipment, or technology, at no time shall any change to price and product specification be permitted during the Contract Term, except where an item has been replaced by another item due to obsolescence. In this instance, the County must approve a change of product in a written change order or amendment to the Contract for it to be valid. In the event a product substitution is approved, no change in price will be permitted except when the price is lower than the original Contract price.

7. NO GUARANTEED VOLUME OR QUANTITIES. The proposed Scope and Specifications in this RFB are not a guarantee, were developed based on past or anticipated needs, and are as accurate as the County can ascertain at the time of issuance of this RFB. When an anticipated volume or other quantities or goods or services are listed, the County has listed these either based upon a history of usage over a previous period or anticipated need. The County in no way guarantees that the actual quantities listed will be ordered. When volume or quantities are listed, the bidder should understand that the actual volume or quantities may be more or less, depending on the actual needs of the County. The bidder shall hold the County harmless against any damages because of estimated volume or quantities. In the event quantities exceed the estimate, the County shall receive the price as listed in the Contract or, if a better price is available at that time, the better price shall be passed on to the County.

8. PREVAILING WAGE REQUIREMENTS.

(a) Prevailing wage rates apply to the services identified in this RFB and are specified in the Prevailing Wage Schedule PRC #2026025387 a copy of which is attached to, incorporated in, and made a part of this RFB. The Prevailing Wage Schedule and any supplements can also be found by entering the PRC# at:

https://apps.labor.ny.gov/wpp/showFindProject.do?method=showIt. Pursuant to NYS Labor Law, Vendor and its subcontractor(s), if any, are required to pay the prevailing wage rates and supplements, as applicable and as may be updated by the NYS Department of Labor during the Contract Term.

(b) The NYS Department of Labor may revise Prevailing Wage Schedules throughout the year. Bid pricing should account for any such increase in prevailing wage rates as change orders due to increased prevailing wage rates will not be permitted. Bidders are strongly encouraged to review archived Prevailing Wage Schedules at: https://dol.ny.gov/public-work-archived-wage-schedules prior to bid submission to ensure that their pricing will be competitive. Vendor will be responsible for all prevailing wage rates and supplement increases regardless of when or how often they are implemented while maintaining the prices provided in Vendor’s bid.

PAYMENT

1. PAYMENT TERMS; CERTIFIED PAYROLLS. Payments cannot be processed until Vendor has completed the repairs in a manner satisfactory to the County. Payment shall be made in accordance with the payment/compensation provisions of the form contract document provided with this RFB. Pursuant to NYS Labor Law, certified payrolls indicating payment of prevailing wage rates MUST be submitted with each invoice involving labor before the County may make any payment(s) to Vendor.

2. INVOICES. Vendor shall submit invoices for services performed under the Contract, which must include a report of all services performed and all labor and materials utilized during the services. Vendor must deliver all invoices to the following address:

Orange County Department of Parks, Recreation and Conservation 211 Route 416, Montgomery, New York 12549i

Courtesy copies of invoices may be sent via email to: Parks@orangecountygov.com https://apps.labor.ny.gov/wpp/showFindProject.do?method=showIt https://dol.ny.gov/public-work-archived-wage-schedules

PO Box 218, 255-275 Main St.

Goshen, New York 10924

3. NO TRAVEL TIME PERMITTED. No separate travel time will be paid to Vendor.

4. PAYMENT OPTIONS. The County offers the payment methods set forth below.

(a) Electronic Funds Transfer (EFT) via Automated Clearing House (“ACH”). To select this payment method, bidder must complete the ACH Form provided with this RFB and include it in the bid package submitted in response to this RFB.

(b) Check.

SUBMISSION OF BIDS

1. REQUIRED ITEMS. Unless otherwise noted below, one (1) unbound signed original (as applicable to the document type) and the number of copies specified in the Instructions to Bidders portion of this RFB of each of the items set forth in (a) – (d) of this section are to be submitted in the bid package. It is NOT necessary to include a copy of the entire RFB in the bid package; only the items set forth in (a) – (d) of this section are required.

(a) Bid Form; Annexed Documents. A completed and signed Bid Form containing bidder’s proposed pricing and annexing manufacturer’s warranties (bidder to retain all batch numbers on manufacturer packaging and record the same in its project files for potential warranty claims), and all information required in Section 5 of the Specifications portion of this RFB entitled “SUBMITTALS”.

(b) Qualifications and References.

(i) A copy of bidder’s Certificate of Contractor Registration as required by the Specifications portion of this RFB; and

(ii) At least six (6) references (not including Orange County) as required by the Specifications portion of this RFB using the Certificate of Experience (References) provided in this RFB (references for New York government entities are preferable, but not required).

(c) Forms.

(i) Signed Non-Collusive Bidding Certification.

(ii) Completed and signed Disclosure of Prior Non-Responsibility Determinations (copy of instruction page not required).

(iii) Signed Iran Divestment Act Certification.

(iv) Completed Disclosure of Contractor-Subcontractor and Substantially Owned-Affiliated

Entity Relationships.

(v) Completed and signed Supplier Forms (if bidder is not already a current County-awarded vendor).

(vi) Completed and signed ACH Form (if bidder wants this payment method).

PO Box 218, 255-275 Main St.

Goshen, New York 10924

(d) Business Documents. If bidder is a business entity (corporations, limited liability companies, and limited liability partnerships) it must include in its bid duly filed copies of its business documents evidencing its incorporation/organization. If bidder is a foreign business entity (an entity formed in any jurisdiction other than New York) and has filed for authority to do business in New York, it must include a copy of its Certificate of Authority in its bid. If bidder transacts business under an assumed name (commonly referred to as a d/b/a for “doing business as”), it must include a copy of its duly filed Certificate of Assumed Name in its bid.

2. MARKING OF SUBMISSION. THIS IS A SEALED BID PROCESS. ALL SUBMISSIONS MUST BE CLEARLY MARKED

ON THE OUTERMOST PACKAGING WITH THE BIDDER’S NAME, RFB TITLE, AND NUMBER.

3. CONTRACT. Vendor agrees to execute an Agreement for Vendor Services substantively in the form provided with this RFB in the timeframe, if any, indicated in this RFB. This RFB will be included as a material portion of the Contract. If bidder has any exceptions to the form contract provided with this RFB or desires its standard licensing, maintenance and support, or similar type of agreement considered for inclusion in the form contract, it must comply with the requirements set forth in the Instructions to Bidders portion of this RFB. Failure to reach agreement on any terms and conditions may result in rejection of a bid, rescission of an award, and/or retention of bid security by the County. Exceptions and agreements submitted after the date and time for receipt of bids will not be considered.

4. LABOR LAW ADDENDUM. In addition to the items specified in the Instructions to Bidders portion of this RFB, any Contract award under this RFB is subject to Vendor’s execution of a Labor Law Addendum to Agreement substantively in the form provided with this RFB. The terms and conditions of this document are not negotiable.

Vendor’s failure to execute this document will result in rescission of an award.

5. INSURANCE. While not required in the bid package, bidders are reminded that Certificates of Insurance evidencing compliance with the Insurance Requirements portion of this RFB must be provided prior to execution of a Contract by the County. The number of days for submission stated in the Notice of Award may vary but it may be less than one (1) business week, please be prepared. FAILURE TO SUBMIT INSURANCE MAY RESULT IN DISQUALIFICATION OF THE BIDDER AS NON-RESPONSIVE AND/OR THE COUNTY'S RETENTION OF BID SECURITY.

ADDITIONAL INFORMATION, INTERVIEWS & SITE VISITS

The County may require any or all bidders to present additional evidence of experience, ability and financial standing as well as a statement as to the materials, equipment or personnel which the bidder will have available for the performance of this contract. The County reserves the right to interview any or all bidders and/or visit any or all bidder's sites during the evaluation of bids. If applicable, the County shall contact bidders to arrange an interview (which County may require to be held at the Department of General Services) and/or a site visit of bidder's facilities at any time during the evaluation process. Bidders are reminded to include their best technical and price terms in their initial offer and not to automatically assume that they will have an opportunity to participate in interviews, site visits or be asked to submit a best and final offer. The County may award the contract without interviews and/or site visits for any or all bidders, if deemed to be within the best interests of the County.

PO Box 218, 255-275 Main St.

Goshen, New York 10924

BASIS OF AWARD

1. LOWEST BIDDER. A Contract award, if any, will be made to the lowest responsive and responsible bidder.

2. TIE PROCEDURE. In the event of a two (2)-way tie, bidders will be notified of a coin toss to be held in the office of the Commissioner of General Services, 255-275 Main St., Goshen, New York, 10924, the date and time to be determined as needed. The first alpha-order bidder, based on the first letter of business entity name, will be asked to call the coin. In the event of a multiple tie, names of tied bidders will be placed in a hat by the Commissioner of General Services. The first alpha-order bidder, based on the first letter of the bidder’s business entity name, will draw the name. In the event there are no attendees for the coin toss, or the draw, the coin toss or the draw will be conducted by the Commissioner of General Services and two (2) representatives of the County.

3. RESERVATION OF RIGHTS. The County reserves the right to waive any informality or reject any or all bids with or without advertising for new bids, if in the best interest of the County.

ANTICIPATED RFB TIMELINE

All dates except for the Bids Due date are approximate and subject to change, unless otherwise noted. Any change in the Bids Due date will be made by an Addendum to the RFB issued by the County.

Publication of RFB 9/2/26 Questions Due 9/16/26 Bids Due 9/30/26

PO Box 218, 255-275 Main St.

Goshen, New York 10924

BID FORM

BUSINESS NAME: ______________________________________________________________________________

BUSINESS ADDRESS: ____________________________________________________________________________

NAME, TITLE, PHONE & EMAIL OF CONTACT PERSON: _________________________________________

Does this business have a minority, women's, disadvantaged, or small business certification? Yes No

If yes, please list the designation(s) and certifying entity(ies): ___________________________________________

BIDDER MUST CHECK ONE OF THE FOLLOWING:

Bidder will supply the Baseline Materials by the suggested manufacturer listed at Section 2(b) in the Specifications. Bidder shall include with this Bid Form either (i) a hard copy of the most current dated manufacturer’s price list or (ii) the credentials/information necessary to access such manufacturer’s most current dated electronic (i.e. web-based) price list for said Materials.

Bidder will supply the following alternate Materials for consideration:

Manufacturer:…