SNOWPLOWING BID- Cleats final.doc

STATEMENT OF NEED

The Capital District Regional Off-Track Betting Corporation (“CDROTBC”) with Administrative Offices located at 1629 State Street, Schenectady, New York 12304, pursuant to section 507 of the Racing, Pari-Mutuel Wagering and Breeding Law of New York, hereby invites the submission of sealed bid proposals for:

SNOWPLOWING SERVICES AT CLEATS BRANCH LOCATION

located at 16 Main Street, Whitesboro New York 13492 Sealed bid proposals will be received at the office of the Purchasing Agent and must be time stamped and dated before 11:00 A.M. on the 1st day of October 2026, at which time and place all bids will be publicly opened. Proposals that are incomplete or received after this date will not be accepted at any time.

Any bid may be withdrawn without prejudice prior to official bid opening time or publicized postponement thereof.

All bids should be enclosed in a sealed envelope and marked “CONFIDENTAL SNOWPLOWING SERVICE” and sent to:

Capital District Regional Off-Track Betting Corporation 1629 State Street Schenectady, New York 12304 Attn: John Parker, Purchasing If the vendor chooses to mail their bid proposals, it must be done so by certified or registered mail. Bids will also be accepted via email.

CDROTBC hereby requests interested contractors to submit proposals for each CDROTBC location attached with this bid. Such locations are also attached for the purposes of inspections. Services shall be individually awarded on each location.

Interested bidders are requested to submit proposals for individual locations. Bidders’ proposals shall outline the price per plow, price per application for sanding/salting and price per hour for removal/taking back snowbanks.

CDROTBC reserves the right to reject any and all bids without liability.

CONTRACTORS MUST BE READY TO START WORK ON OR ABOUT OCTOBER 15, 2026 AND END SEPTEMBER 30, 2028.

THE FOLLOWING ITEMS MUST BE SUBMITTED WITH BID SUBMISSIONS

All items listed below must be submitted with bid even if you have previous bids with CDROTBC on file. If all items are not submitted your bid will be rejected.

1.

Proof of required insurance ‑ an insurance certificate from an insurance holder showing required coverage limitations of public liability and workers' compensation.

2.

Reference lists. Bidders are required to submit a list of 3 references with their bid submission. If you have been a vendor for CDROTBC and wish to use your previous performance as a reference, please indicate this in writing.

3.

Any and all exceptions to the specifications contained herein.

4.

Signed non‑collusive bidding certification and general conditions specifications form.

5.

Performance bonds. Upon request by CDROTBC bidders must submit a letter of certification from his or her bonding company or agent showing bonding limitations.

6.

All required guarantees of work and materials 7.

Bid pricing sheet

COMPETITIVE BIDDING POINT OF CONTRACT

All questions regarding this document should be directed to the CDROTBC Purchasing Department to the attention of John Parker at 518-344-5284. The Purchasing Department is available Monday - Friday, 8:00 am - 4:00 pm (except holidays).

INSPECTION SCHEDULE

You must make an appointment and inspect all parking lots listed.

Please call Glenn Bermas, CDROTBC Facilities Department, at (518) 857-3741 to make an appointment.

SCOPE OF WORK

1. A minimum of two (2) inches will necessitate snowplowing.

2. Snow shall be plowed no later than 10:30 A.M.

Please include in the proposal the per application cost for the following on request items:

1.

To apply additional sand and/or salt

2.

Removal/taking back snowbanks of excessive snow. (Hourly Rate) Note: Bidders should note if there is no charge for any items requested by CDROTBC

PRICING SCHEDULE

Bidders are required to submit a price schedule to perform the work specified in this bid. Contractors are encouraged to submit proposals based on their independent evaluation of the premises.

PAYMENT SCHEDULE

CDROTBC will pay for the snowplowing services on a monthly schedule. The term of this bid is for two (2) years with (2) two-year extension at the sole discretion of CDROTBC. Price must remain firm for the entire bid period plus any extension period.

SERVICE GUARANTEE

CDROTBC reserves the right to stop the work covered by this proposal and contract at any time the successful bidder is deemed unable or incapable of performing the work to the satisfaction of CDROTBC and in the event of such cancellation, CDROTBC shall have the right to arrange for the completion of the work in such manner as it may deem advisable and if the cost thereof exceeds the amount of the bid, the successful bidder and its surety shall be liable to CDROTBC for any excess cost on account thereof. CDROTBC reserves the right to stop the work covered by this proposal and terminate this agreement at any time the successful bidder is deemed unable or incapable of performing the work to the satisfaction of CDROTBC.

CAPITAL DISTRICT REGIONAL OFF‑TRACK BETTING CORPORATION

A.

Reserves the right to reject and bar from the facility any employee hired by the contractor.

B.

Reserves the right to request/require that any and all of the contractor's employees working or scheduled to work at facility be bonded at the contractor's expense.

C.

Reserves the right to require proof of contractor's employees’ beginning and ending shift times.

D.

Reserves the right to reject any and all bids submitted.

TERM OF CONTRACT

Term of this contract will commence at the time the contract is awarded and shall continue for a period of time expiring on September 30, 2028. CDROTBC retains the right to cancel this contract in whole or in part at any time, without reason provided the contractor is given at least ten days’ notice by CDROTBC. CDROTBC reserves the right to terminate the contract or stop work immediately for unsatisfactory work.

Any contract entered into pursuant to this bid to supply CDROTBC’s requirements of products and services until expiring on September 30, 2028 as stated in these specifications, may be extended for not more than two (2) successive periods of twenty-four (24) months each

(October 1, 2026 through September 30, 2028 and October 1, 2028 through September 30, 2030), and identical pricing/rates upon the mutual agreement of the successful bidder and CDROTBC’s Facilities Director.

EXTENSION OF PRICE PROTECTION

Any contract entered into pursuant to this bid to supply CDROTBC’s requirements of products and services for a definite period of time as stated in these specifications may be extended for not more than two separate successive periods of equal length, and identical pricing/rates upon mutual agreement of the successful bidder and the CDROTBC’s Facilities Director.

DUTIES AND RIGHTS OF CONTRACTORS

THE CONTRACTOR'S DUTIES AND RIGHTS IN CONNECTION WITH THE PROJECT HEREIN ARE AS FOLLOWS:

DISCIPLINE AND EMPLOYMENT: The contractor shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed.

FURNISHING OF LABOR, MATERIALS, ETC.: The contractor shall provide and pay for all labor, all materials and equipment and all services necessary for the proper completion of work on the project in accordance with the contract documents.

PAYMENT OF TAXES PROCUREMENT OF LICENSES AND PERMITS: The contractor shall pay all taxes required by law in connection with work on the project in accordance with this contract including sales, use and similar taxes, and shall secure all licenses and permits necessary for proper completion of the work, paying the fees therefore.

COMPLIANCE WITH ALL LAWS AND REGULATIONS: The contractor shall comply with all laws and ordinances, and the rules, regulations, or orders of all public authorities relating to the performance of the work herein. If any of the contract documents are at variance therewith, he shall notify CDROTBC’s Facilities Director promptly on discovery of such variance.

RESPONSIBILITY FOR NEGLIGENCE OF EMPLOYEES AND SUBCONTRACTOR: The contractor agrees to assume full responsibility for acts, negligence or omissions of all his employees, and for those of all other persons doing work under a contract with him.

SUBCONTRACTING: The successful bidder may not subcontract the work herein without the express written consent of CDROTBC.

INDEMNITY AND HOLD HARMLESS AGREEMENT: Contractor agrees to indemnity and hold harmless CDROTBC, it’s directors, officers, employees and any duly authorized agents from and against all claims, damages, losses, and expenses, including reasonable attorney's fees in case it shall be necessary to file an action, arising out of performance of the work herein that are:

1.

For bodily injury, illness, or death, or for property damage, including loss of use and

2.

Caused in whole or in part by the contractor's negligent act or omission or that of a subcontractor, or that of anyone employed by them or for whose acts the contractor or subcontractor, or that for anyone employed by them or for whose acts the contractor or subcontractor may be liable.

CHECKING PRECEDING WORK: Before starting work, each contractor shall examine work previously installed and must immediately report to CDROTBC in writing, as to any visible defects which would adversely affect his own work. Should the contractor fail to make such a report, he shall bear any expense entailed in rectifying his own work regardless of work previously installed.

GLASS BREAKAGE AND WALL, FLOOR AND CEILING DAMAGE: Each contractor shall pay for all corrective measures required on account of damage(s) caused by himself, his subcontractor having done the original work.

SEXUAL HARASSMENT: A copy of CDROTBC’s Sexual Harassment policy statement is attached as part of this bid/request for proposal. The winning Bidder is required to abide by such policy.

INSURANCE

The contractor agrees to obtain and keep in force the insurances set forth below. CDROTBC shall be named as an additional insured and a Certificate of Insurance providing evidence of insurance with thirty (30) days prior notice of cancellation shall be provided to CDROTBC. CDROTBC reserves the right to approve the insurance provided by the contractor.

General Liability:

$1,000,000 for each occurrence

$2,000,000 aggregate

Automobile Liability:

Combined single limit of $1,000,000

Workers' Compensation:

Statutory limits

TAX EXEMPT STATUS

Whereas CDROTBC is a public benefit corporation organized pursuant to the Laws of the State of New York and said corporation is tax-exempt. This status should reflect a lower bid/request for proposal price. CDROTBC shall provide such notice of tax-exempt status to any Bidder upon request.

CORPORATE STATUS OF AWARDED VENDOR

The awarded vendor must notify CDROTBC within ten (10) days upon any change of corporate ownership/partnership, corporate takeover, corporate merger, and corporate name change or upon any change in the corporate status of the bidder.

BILLING

All billing must be directed to:

Capital District Regional Off-Track Betting Corporation 1629 State Street Schenectady, New York 12304 Accountspayable@capitalotb.com

Attn: Accounts Payable

PLEASE NOTE

All requirements for delivery, representative service, item availability, warehouse storage, individual location service and specific invoice requirements are material elements of this bid/request for proposal offering. Failure to meet these requirements as outlined herein shall result in bid/request for proposal rejection. In addition, such failure subsequent to the award of this bid/request for proposal shall be just cause for CDROTBC to cancel further vendor service and assessed damages according to the law of the State of New York.

THE FOLLOWING ITEMS MUST BE SUBMITTED WITH BID/REQUEST FOR PROPOSAL SUBMISSIONS

Failure to submit any of the following with a bid/request for proposal offering may be the basis to reject any bid/request for proposal.

Please use this list as a check list before submitting your bid/request for proposal.

1. Reference List – Bidders should list at least three (3) references that they currently do business with. References should include reference name, address, contact person and telephone number. Bidders must note if they currently do business with

CDROTBC or if they have done business with CDROTBC in the past.

2. Bid/request for proposal Pricing/Exceptions form

3. Signed non-collusive bid/request for proposal certification

4. General conditions specifications form

5. Bid/request for proposal bid/request for proposal submission provided by the Bidder

FAILURE TO SUBMIT ALL OF THE ABOVE MAY REJECT YOUR BID/REQUEST FOR PROPOSAL.

CAPITAL DISTRICT REGIONAL OFF-TRACK BETTING CORPORATION RESERVES THE RIGHT TO REJECT ANY AND ALL BID/REQUEST FOR PROPOSALS WITHOUT LIABILITY.

REFERENCE LIST

(must provide at minimum three (3) references)

1. Name:________________________________________________________________________ Address: ______________________________________________________________________

City, State: ____________________________________________________________________

Contact Person: _________________________________________________________________

Phone: ________________________________________________________________________

2. Name:________________________________________________________________________

Address: ______________________________________________________________________

City, State: ____________________________________________________________________

Contact Person: _________________________________________________________________

Phone: ________________________________________________________________________

3. Name:________________________________________________________________________

Address: ______________________________________________________________________

City, State: ____________________________________________________________________

Contact Person: _________________________________________________________________

Phone: ________________________________________________________________________

4. Name:________________________________________________________________________

Address: ______________________________________________________________________

City, State: ____________________________________________________________________

Contact Person: _________________________________________________________________

Phone: ________________________________________________________________________

Please provide additional sheets if necessary.

SNOWPLOWING SERVICES BID

EXCEPTIONS

VENDOR: ______________________________________________________________

ADDRESS: _____________________________________________________________

CITY, STATE, ZIP: ______________________________________________________

PHONE: ________________________________________________________________

CONTACT PERSON: ____________________________________________________

LIST ANY AND ALL EXCEPTIONS TO THE SPECIFICATIONS:

Please attach other sheets if needed

NON-COLLUSIVE RFP CERTIFICATION

By submission of this RFP each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid submitted involving multiples parties, each party hereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

1. The prices in this RFP have been arrived at independently without collusion, consultation, 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 RFP have 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 RFP for the purpose of restricting competition.

BUSINESS: ______________________________________________________

SIGNED: ________________________________________________________

TITLE: __________________________________________________________

DATE: __________________________________________________________

(Signed copy must be returned with RFP)

GENERAL CONDITIONS SPECIFICATION FORM

I hereby certify that I have read the Notice to Bid/Request for Proposal, Statement of Need, General Conditions, Specifications, Addendum (if any attached), RFP Sheet and any other information pertinent to this RFP. Failing to comply with the above shall cause the RFP to be rejected as informal and the Capital District Regional Off-Track Betting Corporation (“CDROTBC”) will not give consideration.

BUSINESS: ______________________________________________________

SIGNED: ________________________________________________________

TITLE: __________________________________________________________

DATE: __________________________________________________________

(Signed copy must be returned with RFP)

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