Bid Notice.pdf

NELSON AVE

PARKING GARAGE REHABILITATION

Bid No. 2026-05

City of Peekskill Westchester County, New York

CONSTRUCTION DOCUMENTS

Bid Opening:

City Clerk’s Office, City Hall 840 Main Street Peekskill, NY 10566

TABLE OF CONTENTS

NELSON AVE PARKING GARAGE REHABILITATION

CITY OF PEEKSKILL

BID NO. 2026-05

Section Name Page Number A Notice to Bid A1 – A2 B Instructions to Bidders B1 – B4 C Bid Submission Sheet C1 – C3

Acknowledgement of Receipt of Addenda C3 Bid Proposal Sheets C4 (1 of 16) Bid Proposal Form C5 – C6 Statement of Non-Collusion C7 Resolution C8 Certification of Bidder Regarding Equal Employment Opportunity

C9

Certification of Proposed Subcontractor Regarding Equal Employment Opportunity (Not Required with Bid)

C10

Offer of Surety C11 Statement of Bidder’s Qualifications C12 – C14 Bid Bond C15 – C16 Certificate as to Corporate Principal C17

D Agreement – Form of Contract D1 – D3 E Labor and Material Payment Bond and E1 – E4

Performance Bond F Form of Maintenance Bond F1 G General Release G1 H Insurance H1 – H5

Section ‘I’ Intentionally Left Blank J General Conditions J1 – J33 K Special Conditions K1 – K15 L Technical Specifications

Contract Drawings included as separate entity.

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SECTION A

NOTICE TO BID

NELSON AVE PARKING GARAGE REHABILITATION

CITY OF PEEKSKILL

BID NO. 2026-05

Sealed bids for the following construction work:

The work for Bid No. 2026-05 consists of the rehabilitation of: Nelson Avenue Parking Garage at the intersection of Nelson Avenue and Central Avenue in Peekskill, New York. The work includes concrete deck repairs, structural steel repairs, masonry and façade repairs, staircase repairs, drainage repairs, expansion joint repairs, steel canopy and railing repairs, fireproofing restoration, fence installation, maintenance and protection of traffic, and associated work. The Project consists of a single Lump Sum Bid as described in detail in Section K, the Technical Specifications, and on the Contract Drawings.

Current prevailing wage rates shall apply to all work, and the project will be subject to audit(s) by the agencies of the State of New York.

Sealed Bids will be received at the Office of the City Clerk of the City of Peekskill, New York, until Wednesday, September 9, 2026 at 11:00am at City Hall, 840 Main Street, Peekskill, New York 10566, and immediatelythereafter the bids will be publicly opened and read aloud in said office. No bids will be accepted after saidtime and date.

Section C must be filled out and submitted in paper form. Executed bid forms must also be scanned onto the provided USB flash drive and submitted as part of thebid. As bid security, each bid must be accompanied by a certified check or a bid bond acceptable to the Cityin the amount of not less than 5% of the total amount of the Bid. Certified Checks shall be made payable tothe City of Peekskill, New York and are to be held by the City as a guarantee for the proper execution anddelivery of the Contract and bonds to secure the faithful performance thereof. In default of such executionand delivery of Contract and Bonds, the amount of the deposit represented by the check shall be forfeitedand retained by the City of Peekskill as liquidated damages.

The executed Bid forms and the certified check or bid bond must be enclosed in a sealedenvelope bearing the name and address of the Bidder, addressed to the City Clerk, City of Peekskill, NYand endorsed "NELSON AVE PARKING GARAGE REHABILITATION, City of Peekskill, NY, BidNumber 2026-05”. All questions must be emailed to Peter Erwin, Planner at perwin@cityofpeekskillny.govby Monday, August 24. All questions, answers, and addendums, if any, will be posted on the City’s ‘Bid/RFP’ webpage with a link emailed to all who provided a legible email address when purchasing the USB flash drive of the Bid documents.

A Pre-Bid meeting will be held on Wednesday, August 19th, at 9:00am in the first-floor conference room in City Hall.The meeting is not mandatory, but prospective bidders are strongly urged to attend. A site visit will followthe Pre-Bid meeting. The meeting specifics will be posted to the City’s ‘Bid/RFP’ webpage.

The City of Peekskill reserves the right to accept or reject any or all Bids, or portions of a Bid, in accordance with the General Municipal Law, and to waive any informality in any Bid if deemed in the best interest of the City of Peekskill to do so.

The City of Peekskill reserves the right to accept or reject any or all Bids, or portions of a Bid, in accordance with the General Municipal Law, and to waive any informality in any Bid if deemed in the best interest of the City of Peekskill to do so.

The City of Peekskill reserves the right to accept or reject any or all Bids, or portions of a Bid, in accordance with the General Municipal Law, and to waive any informality in any Bid if deemed in the best interest of the City of Peekskill to do so.

Peter Erwin, AICPAssistant Director of Planning & Development

Peter Erwin, AICPAssistant Director of Planning & Development

B-1

SECTION B

INSTRUCTIONS TO BIDDERS

NELSON AVE PARKING GARAGE REHABILITATION

CITY OF PEEKSKILL

BID NO. 2026-05

1. LOCATION OF THE WORK

The project limits consist of the Nelson Avenue Parking Garage, located at the intersection of Nelson Avenue and Central Avenue in the City of Peekskill, New York.

2. DESCRIPTION OF THE WORK

The work includes rehabilitation of the Nelson Avenue Parking Garage, including maintenance and protection of traffic, concrete deck and wall repairs, metal deck form repairs, structural steel repairs, staircase repairs, masonry and façade repairs, drainage repairs, expansion joint replacement, steel canopy and railing repairs, fireproofing restoration, fence installation, and associated work. The Project consists of a single Lump Sum Bid as described in detail in Section K, the Technical Specifications, and on the Contract Drawings. Bidders shall provide one Lump Sum Bid for all labor, materials, equipment, and incidentals necessary to complete the Work. In any event, only one contractor will be selected for this project.

3. COMMENCEMENT AND COMPLETION OF THE WORK

Upon execution of the Contract including delivery of the Performance Bond, Labor and Materials Payment Bond, and insurance policies and certificates by the Contractor to the Owner and the approval therefor by the Owner’s attorney, the Contractor will be notified by letter from the Owner (City) to proceed with the work.

4. DOCUMENTS

A complete set of Bidding Documents will be issued on USB flash drive for bidding purposes as stated in the "Notice to Bidders." A complete set of Documents consists of the following:

a. Sections A – H, J – K and Appendices A and B as identified in the Table of Contents herein.

b. Addenda (if any)

c. Contract Drawings

d. Technical Specifications (Section L)

5. PROPOSALS

To be considered, Proposals must be in accordance with these Instructions to Bidders. All bids must be submitted on the prescribed forms which are included in Section C herein. All blank spaces for bid prices must be filled in, in both words and figures, either typed or in ink. All signatures must be in ink.

Proposals that contain any omissions, erasures, alterations, additions, or items not called for in the itemized Proposal, or that contain irregularities of any kind, may constitute sufficient cause for rejection of the bid. In case of any discrepancy between words and figures in the price bid in the Proposal, the price as expressed in words shall govern.

The Bidder must submit one (1) bound paper copy of the Bid forms in Section C of the Bid documents, one (1) new USB flash drive containing the signed forms from Section C, and a certified check made payable to the City of Peekskill or a bid bond not less than 5% of the total amount of the bid.

All submissions must be in a sealed envelope and addressed to the City Clerk, City of Peekskill, 840 Main Street, Peekskill, NY 10566 and be clearly identified with: (1) Project Name and (2) Name of Bidder and Bidder's address.

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Proposals shall be signed with name typed below signature. The Bidder's seal, if a corporation, shall be affixed under the Bidder's signature. Telephone, facsimile or electronic Bids will not be accepted.

If a separate set of proposal sheets or addenda are issued, they may be used with the understanding that all instructions and conditions of the contract documents are the same as if these pages were included with the bidding documents on the USB flash drive.

6. QUALIFICATIONS OF BIDDERS

The City may make such investigations as it deems necessary to determine the qualifications of the Bidder to perform the work, and the Bidder shall furnish information and data for this purpose as may be required. The City reserves the right to reject any bid if the evidence submitted by a Bidder, or the investigation of such Bidder, fails to satisfy the City, that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein within the time designated. Fraudulent statements shall cause rejection of Proposal and forfeiture of the related bid security.

7. CONDITIONS OF WORK

Each Bidder must inform himself fully of all conditions under which the work will be performed. Failure to do so will not relieve a successful Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract and to complete the work for the consideration set forth in his bid. Bid shall include the complete costs of furnishing all materials, labor and equipment necessary to complete the work in accordance with the Contract Plans and Specifications and all other expenses incidental thereto. Local and State sales taxes shall not be included in the bid. Insofar as possible, the Contractor, in the carrying out of his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor, or of the proper functioning of the existing facilities of adjacent or contingent properties, and shall be maintained insofar as possible.

8. ADDENDA AND INTERPRETATION

Every request for information or interpretation of Bidding Documents or Drawings must be addressed in writing to Peter Erwin, City Planner, at perwin@cityofpeekskillny.gov, and to be given any consideration must be received at least five (5) business days prior to the date fixed for the opening of Bids. Any and all such interpretations, and any supplemental instructions, will be in the form of written Addenda and the link to the addenda on the City of Peekskill website will be emailed to all prospective Bidders who provided a legible email address when purchasing the USB flash drive containing the Bid documents. The failure of any Bidder to receive any such Addenda will not relieve the Bidder of any obligation under his Bid as submitted. Any Addenda so issued shall become part of the Bidding Documents. Receipt of Addenda shall be noted where indicated in “Section C”.

9. BID SECURITY

Each Bidder is required to deposit at the time of submission of his bid, a Bid Bond or certified check in an amount representing five (5%) percent of his bid payable to City of Peekskill, NY, which amount the bidder agrees is to be forfeited as liquidated damages and not as a penalty if he is awarded the contract and he shall thereafter fail to execute a Contract with the City under the conditions of this Proposal or to furnish the bonds required for the faithful performance of this contract. Bidders who submit certified checks must accompany them with a Consent of Surety from a recognized Bonding Company agreeing to supply a Performance Bond and Labor and Materials Bond if the Contract is awarded to the Bidder. All Bid Bonds must be securely attached to the outside of the Bid Package or included in the envelope with the Bid Package.

Such bid security will be returned to all except the three lowest formal Bidders within ten (10) days after the formal opening of bids, and the remaining bid security will be returned to the other bidders after the City and the accepted Bidder have executed a Contract. In the event no Contract has been so executed within forty five (45) calendar days after the date of the opening of bids, upon the demand of the Bidder, so long as he has not been notified of the acceptance of his bid, his bid security will be returned. The Bid Security of the successful Bidder will be retained until the signing of the Agreement and the filing and approval of the bonds and insurance certificates.

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10. INSURANCE REQUIRED

The successful Bidder will be required to procure and pay for the following types of insurance, in accordance with the provisions listed in Section H.

a. Commercial General Liability Insurance;

b. Automotive Liability Insurance;

c. Umbrella Liability Insurance;

d. Workers’ Compensation Insurance;

e. Employer’s Liability Insurance;

11. SECURITY FOR FAITHFUL PERFORMANCE

The Contractor shall, prior to execution of the Contract, submit two separately executed bonds: (1) a Performance Bond in amount equal to one hundred percent (100%) of the accepted bid as security for the faithful performance of the terms, covenants and conditions of the Contract; and (2) a Labor and Material Payment Bond for the full amount of the Contract price guaranteeing the full payment of all persons performing labor or furnishing material or rentals, under the contract.

The Bonds shall be prepared as specified in Section E, Labor and Material Bond Form and Section F, Performance Bond Form, and shall have as Surety thereon such Surety Company or companies as are acceptable to the City and are authorized to transact business in the State of New York.

12. GUARANTEE

The Contractor shall guarantee all materials and workmanship for one (1) year in accordance with all conditions set forth in these Specifications. The guarantee shall be provided in the form of a Maintenance Bond in the amount equal to one hundred percent (100%) of the contract. The bond shall be prepared as specified in SECTION F and shall be posted at the time of final payment.

13. FORM OF AGREEMENT

The form of agreement is included in these documents in Section D.

14. AWARD

The contract will, at the discretion of the City of Peekskill, be awarded on the basis of competitive bids to the lowest responsible eligible bidder based on the following criteria:

If any Lump Sum Bid comes in under the budget figure, the award will be made on the submitted Lump Sum Bid; however, If all Lump Sum Bids exceed the budget figure, the award will be based on the submitted Lump Sum Bid, at the discretion of the City of Peekskill.

15. OWNER

The City of Peekskill (Westchester County) 840 Main Street Peekskill, NY 10566

16. SALES TAX EXEMPTION

Under Chapter 513 of the Laws of New York 1974, all materials and supplies sold to a Contractor and which are to become an integral, component part of a structure, building or real property owned by an exempt organization such as the City of Peekskill are exempt from the payment of New York State Sales or compensatory use taxes. Therefore, the Contractor should not include any amount in his bid price to cover sales taxes for the above items.

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17. REQUIRED SUBMISSIONS

Prior to award, the successful bidder will be required to meet the following requirements.

a. The successful bidder, if his business is not registered in New York State, must provide the City with a certificate issued by the Secretary of State of New York stating that the Corporation is authorized to do business within the State and is presently in good standing. If the entity to whom the bid is awarded is not a corporation, it would be required that the entity's certificate of doing business, which should be on file in the County Clerk's Office, be provided. (This would also hold true in the case of joint ventures which would be required to disclose the underlying entities which make up the joint venture and the supplying of the requisite certificate of doing business of each such entity.)

b. All bidders are required to submit a statement of non-investment in the Iranian energy sector in accordance with the provisions of Section 103-g of the NYS General Municipal Law.

c. A Statement by the successful bidder that no officer, director or stockholder (if less than 10 stockholders) of the successful bidder is an officer or employee of the City or is a relative of any such City officer or employee. If such officer, director or stockholder does exist, their names and relationship should be disclosed to the City.

18. SPECIAL CONDITIONS

Refer to Section K Appendices for further detail regarding special conditions.

THE CITY STRONGLY ENCOURAGES BIDDERS TO ATTEND THE PRE-BID MEETING AND SITE VISIT.

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SECTION C

NELSON AVE PARKING GARAGE REHABILITATION

CITY OF PEEKSKILL

BID NO. 2026-05

To: City Clerk Bid Submitted by:

City of Peekskill 840 Main Street Peekskill, NY 10566

(Name)

(Address)

(Telephone No.)

(Email Address)

(Federal I.D. Number)

1. I/We do hereby declare that I/We have carefully examined the Notice to Bidders, the Plans, and the Specifications relating to the above entitled matter and the work, and have also examined the site.

2. I/We do hereby offer and agree to furnish all materials, to fully and faithfully construct, perform and execute all work in the above titled matter in accordance with the Plans, Drawings, and Specifications relating thereto, and to furnish all labor, tools, implements, models, forms, transportation and materials necessary and proper for the purpose for the price/prices as given on the bid forms.

3. I/We do hereby declare that the prices so stated cover all expenses of every kind incidental to the completion of said work, and the contract, therefore, including all claims that may arise through damages or any other cause whatsoever.

4. I/We do hereby agree that I/We will execute a contract therefore, containing all the terms, conditions, provisions and covenants necessary to complete the work according to the Drawings and Specifications, therefore, within 10 business days after the award of the contract and if I/We fail to execute said contract within said period of time, that the City Clerk shall have the power to rescind said award and also that the said City Clerk shall retain the proceeds of the certified check, or require the payment of the sum of the bid bond.

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5. I/We do also declare and agree I/We will commence the work within thirty days after the Contract execution and will complete the work fully and in every respect on or before the time specified in said Contract and do authorize the said Board, in case of failure to complete the work within such specified time, to employ such men, equipment and materials as may be necessary for the proper completion of said work and to deduct the cost thereof from the amount due under the Contract.

6. I/We agree that the City of Peekskill reserves the right to select any one, combination of, or all the Bid items in this proposal for the Contractor to complete without affecting any of the Bid prices.

7. I/We hereby affirm that 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 the penalty of perjury, that to the best of knowledge and belief:

a. 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;

b. 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

c. no attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not submit a Bid for the purpose of restricting competition.

d. no member of the City Clerk or any officer or employee of the City of Peekskill, New York, or person whose salary is payable in whole or in part from the said Treasury is, shall be or become interested, directly, as a contracting party, partner, stockholder, surety or otherwise, in this Bid, or in the performance of the Contract, or in the supplies, materials or equipment and work or labor to which it relates, or in any portion of the profits thereof.

8. I/We hereby further agree that this proposal is a firm Bid and shall remain in effect for a period of at least forty five (45) calendar days from the date of the opening of Bids, and that within said period of forty five (45) days, the City of Peekskill will accept or reject this proposal, or this period may be extended by mutual agreement.

9. I/We do hereby declare that, if this is a Corporate Bid, I have been duly authorized to act at the Signator on this proposal in behalf of this Corporation.

10. I/We hereby affirm, under penalty of perjury, the truth of all statements in this proposal.

11. I/We hereby agree that I/We accept the unit prices on the following pages, for the various items of work.

12. I/We hereby agree that I/We shall make no claim on account of any variation of the approximate estimate in the quantities of work to be done, whether the actual quantities are greater, smaller or completely deleted. A change in the quantity of any item shall not be regarded as sufficient grounds for a change in the price of that item. All quantities must be verified by each bidder and revised as required for the bid proposal submittal.

13. All work shall be completed within one-hundred-eighty (180) calendar days from the commencement of the work.

14. I/We do hereby declare that I/we will perform at least 51% of the work.

15. I/We acknowledge that I/we will be required to meet the following requirements:

a. Provide the City with a certification issued by the Secretary of State of New York stating that the

Corporation is authorized to do business within New York State and is presently in good standing. If the entity for whom the bid is awarded is not a corporation, it would be required that the entity’s certificate of doing business, which should be on file in the County Clerk’s Office, be provided. (This would also hold true in the case of joint ventures which would be required to disclose the underlying entities which make up the joint venture and the supplying of the requisite certificate of doing business of each such entity.)

b. Submit a statement of non-investment in the Iranian energy sector in accordance with the provisions of Section 103-g of the NYS General Municipal Law.

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c. A Statement by the successful bidder that no officer, director or stockholder (if less than 10 stockholders) of the successful bidder is an officer or employee of the City of Peekskill or is a relative of any such City officer or employee. If such officer, director or stockholder does exist, their names and relationship should be disclosed to the City.

d. In the event the successful bidder enters into a contract with the City in the amount of $1,500,000 or greater, the successful bidder will be required to document compliance with Chapter 165 of the Peekskill City Code, which requires the contractor who enters into any construction contract in the amount of $1,500,000 or more with the City, or enters into a subcontract for $500,000 or more to have (and/or the subcontractor(s) to have) an apprenticeship agreement appropriate for the type and scope of work to be performed that has been registered with, and approved by, the Commissioner of Labor pursuant to the requirements of Article 23 of the Labor Law.

e. Submit a statement of non-collusion in accordance with Section 103-d of the General Municipal Law.

(Legal Name of Bidder, Partner or Corporate Officer)

By: Date:

(Authorized Signature) Corporate Seal (if incorporated)

ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA

(If applicable)

Bidder Acknowledges receipt of Addenda as follows:

Signature

Signature

Signature

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SECTION C

BID 2026-05

LUMP SUM BID

NELSON AVE PARKING GARAGE REHABILITATION

CITY OF PEEKSKILL

LUMP SUM BID: NELSON AVE PARKING GARAGE REHABILITATION

Total Lump Sum Bid for all labor, equipment, materials and installation:

Total $_________________

Total (Price in words) ______________________________________________

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BID PROPOSAL FORM

BID PRICE: NELSON AVE PARKING GARAGE REHABILITATION

Total Lump Sum Bid for all labor, equipment, materials and installation:

Total $_________________

Total (Price in words) ______________________________________________

(Signature of partner or corporate officer)

ATTEST:

(Corporate Seal)

(Secretary of Corporate Bidder)

Note: In case of any discrepancy between the price in words and that in figures, the price in words will be considered the price bid.

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STATEMENT OF NON-COLLUSION

(To be Completed by Each Bidder)

In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State or any public department, agency, or official thereof or to a fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; [non-collusive bidding certification].

a. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of 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 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.

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

b. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the Bidder, as well as the person signing in its behalf.

c. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder.

Date Signature of Bidder

Name and Title of Person Signing

Sworn to before me this _____ day of ___________, 20____

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RESOLUTION

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

(Describe Project) and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three d (103-

d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of perjury.

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

______________________________________________________________ corporation at a meeting of the Board of Directors held on the __________day of _____________________20__.

(SEAL OF THE CORPORATION) ______________________________________

(Secretary)

Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965.

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CERTIFICATION OF BIDDER REGARDING

EQUAL EMPLOYMENT OPPORTUNITY

INSTRUCTIONS

This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the bidder has not filed a compliance report due under applicable instruction, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted.

CERTIFICATION BY BIDDER

BIDDER NAME: ________________________________________________________________

ADDRESS AND ZIP CODE: ________________________________________________________________

1. Bidder has participated in a previous contract or subcontract to the Equal Opportunity Clause.

YES _____ NO _____ (if answer is yes, identify the most recent contract).

2. Compliance reports were required to be filed in connection with such contract or subcontract.

YES _____ NO _____ (if answer is yes, identify the most recent contract).

3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.

YES _____ NO _____

4. If answer to item 3 is "NO", please explain in detail on reverse side of this certification.

CERTIFICATION - THE INFORMATION ABOVE IS TRUE AND COMPLETE TO THE BEST OF MY

KNOWLEDGE AND BELIEF.

(Name and Title of Signer)

Signature Date

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(Not Required with Bid)

CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING

EQUAL EMPLOYMENT OPPORTUNITY

NAME OF PRIME CONTRACTOR PROJECT NO.

INSTRUCTIONS

This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the bidder has not filed a compliance report due under applicable instruction, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted.

SUBCONTRACTOR’S CERTIFICATION

BIDDER NAME: ________________________________________________________________

ADDRESS AND ZIP CODE: ________________________________________________________________

1. Bidder has participated in a previous contract or subcontract to the Equal Opportunity Clause.

YES _____ NO _____ (if answer is yes, identify the most recent contract).

2. Compliance reports were required to be filed in connection with such contract or subcontract.

YES _____ NO _____ (if answer is yes, identify the most recent contract).

3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.

YES _____ NO _____

4. If answer to item 3 is "NO", please explain in detail on reverse side of this certification.

CERTIFICATION - THE INFORMATION ABOVE IS TRUE AND COMPLETE TO THE BEST OF MY

KNOWLEDGE AND BELIEF.

(Name and Title of Signer)

Signature Date

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OFFER OF SURETY

(To be Completed by Each Bidder)

In the event the above Proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety:

SURETY COMPANY

Signed ______________________________________ (Bidder)

CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company.

In the event that the above Proposal is accepted and the contract for the work is awarded to ___________________, (Bidder's Name) the ___________________ will execute the Surety Bonds as herein-before provided.

(Surety Company)

Signed: ______________________________________ Authorized Official, Agent, or Attorney

Date: ____________________________

IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED

IN LIEU OF BID BOND, OR BID MAY BE REJECTED.

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STATEMENT OF BIDDER'S QUALIFICATIONS

(To be submitted by the Bidder with this bid)

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized.

Questions may be answered on separate sheets, attached to this bid.

1. Name of Bidder

2. Permanent main office address

3. Date organized

4. If a corporation, place of incorporation

5. How many years have you been engaged in the contracting business under your present firm or trade name?

6. Current contracts on hand: Name and location of each project, dollar amount awarded for each, start date, and anticipated date of completion.

7. General character of work performed by your company

8. Have you ever failed to complete any work awarded to you?

9. Have you ever defaulted or been defaulted on a contract? If yes, provide details such as, but not limited to, a description of the project, entity contracting for work, and reasons for default.

10. Provide a list of all federal, state and local violations or enforcement actions related to all commercial activity, the name of the project, total project cost, and contact person. The City reserves the right to ask for additional information based upon this response.

11. Provide a list of the names and locations of all projects (with aggregate costs at or exceeding $1.5 million) that were completed by your company within five years prior to the date of this submission, a brief description, your fee, the month and year completed, and a client contact name and telephone number.

12. List your major equipment available for this Contract.

13. List your experience in work similar to this project.

14. Do you have an OSHA Awareness certification?

15. Provide a major milestones schedule.

16. List the background and experience of the principal members of your organization, including officers.

17. List the work to be performed by Subcontracts and summarize the dollar value of each Subcontract.

18. List the subcontractors, if applicable, who will be used as a qualified M/WBE firm using the tables below.

C-12

Subcontractor Name Type of M/WBE Certification of

Subcontractor □ M/BE Certification □ W/BE Certification Total Budget Amount $

Percentage of Budget to M/WBE Certified firm

□ M/BE $ _____________ □ W/BE $_____________

Subcontractor Name Type of M/WBE Certification of

Subcontractor □ M/BE Certification □ W/BE Certification Total Budget Amount $

Percentage of Budget to M/WBE Certified firm

□ M/BE $ _____________ □ W/BE $_____________

Subcontractor Name Type of M/WBE Certification of

Subcontractor □ M/BE Certification □ W/BE Certification Total Budget Amount $

Percentage of Budget to M/WBE Certified firm

□ M/BE $ _____________ □ W/BE $_____________

19. Credit available ($)

20. Provide Bank Reference

21. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner?

22. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recitals comprising this Statement of Bidder's Qualifications.

C-13

Dated: This ______________ day of _______________ , 20____.

(Name of Bidder)

By ____________________________

Title ___________________________

State of __________________________) )ss.

City of ________________________)

________________________________________________________ being duly sworn deposes and says that he is ________________________________________ of ____________________

(Name of Organization) and that the answers to the foregoing questions and all statement therein contained are true and correct.

Subscribed and worn to before me this __________ day of _______________ , 20____.

(Notary Public)

My commission expires _________________, 20____

C-14

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned

________________________________________________________ as Principal, and

________________________________________________________ as Surety are held and firmly bound unto The City of Peekskill, NY, hereinafter called the "OWNER", in the penal sum of

_____________________________________ Dollars, ($ _ ) lawful money of the United States, for payment of which sum well 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:

__________________, 20___, for THE CITY OF PEEKSKILL, NEW YORK, NELSON AVE PARKING GARAGE REHABILITATION

NOW THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or within any extended time period agreed to by the Principal, Surety and Owner, or, if no period is specified, within forty-five (45) days after the said opening, and shall within the period specified therefor, or if no period is specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give a bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; then the above obligation shall be null and void and of not effect, otherwise to remain in full force or virtue.

Failure to comply with the aforementioned condition shall result in the forfeiture of this Bid Bond as liquidated damages.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this ______ day of ______________ of, 20___, 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.

No extension of time or other modification of this Bid Bond shall be valid unless agreed to on writing by the parties to this Bond.

C-15

In presence of:

____________________________________ ______________________________________ (SEAL) (Individual Principal)

(Business Address)

____________________________________ ______________________________________ (SEAL) (Corporate Principal)

(Business Address)

By: _______________________________

Attest:

____________________________________ ______________________________________ (SEAL) (Corporate Principal)

(Business Address)

By: _______________________________

Attest:

____________________________________ ______________________________________ (SEAL) (Corporate Principal)

(Business Address)

By: _______________________________

Countersigned

By: _________________________________

*Attorney-in-Fact, State of ____________________________

*Power-of-Attorney for person signing for Surety Company must be attached to Bond.

C-16

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, _________________________________________, certify that I am the

___________________________________________ of the Corporation named as Principal in the within bond; that

___________________________________________, who signed the said bond on behalf of the Principal was then

___________________________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of this governing body.

____________________________________ (Corporate Seal)

Title _______________________________

D-1

SECTION D

NELSON AVE PARKING GARAGE REHABILITATION

CITY OF PEEKSKILL

BID NO. 2026-05

AGREEMENT

D. Form of Contract

This agreement, made this day of , 20 by and between the City of Peekskill, Westchester County, New York, acting by and through the Common Council of the City of Peekskill under the laws of the State of New York, (hereinafter called the “Owner”, “City” or “City of Peekskill”) and __________________________________ hereinafter called the “Contractor”.

WITNESSETH:

WHEREAS, the City desires to engage the Contractor to render its services for NELSON AVENUE PARKING

GARAGE REHABILITATION, CITY OF PEEKSKILL, BID NO. 2026-05.

1. Scope of Work - The Contractor shall furnish all materials, equipment and labor necessary for the construction as shown on the Bid Drawings and/or described in the specifications entitled

NELSON AVENUE PARKING GARAGE REHABILITATION

City of Peekskill, Westchester County, New York

2. Time of Completion and Liquidated Damages - The time of completion of the Bid will be 180 calendar days from the time of notice to proceed to substantial completion. All work shall be completed within 180 calendar days from the time of Notice to proceed. The contractor agrees to pay as liquidated damages the sum of five-hundred dollars ($500.00), for each consecutive calendar day thereafter. General Conditions of the Contract, See Section 112.

3. Contract Sum - The Owner shall pay the Contractor for work done and labor, materials and equipment furnished, the prices set forth in the Proposal attached herewith. Extra work shall be paid for in accordance with and as stipulated in Bid No. 2026-05

4. Payments – As work under the contract is performed, the Contractor may submit a partial payment request to the City of Peekskill Department of Planning and Development for review. After approved by the City and the Project Engineer, a partial payment shall be made to the Contactor in an amount representing the work completed under the contract less retainage.

5. Contract Documents - The Advertisement and Notice To Bid (Section A), Instructions to Bidders (Section B), Bid Proposal Forms (Section C), Agreement (Section D), Labor and Material Payment Bond (Section E), Form of Maintenance Bond (Section F), General Release (Section G), Insurance (Section H), General Conditions (Section J), and Special Conditions (Section K) also including the Technical Specifications, Contract Drawings, Addenda, Appendices, Change Orders, and all Forms, Agreements and Documents included on the USB flash drive used by the Bidder for the Bid or Proposal, except as therein expressly excluded, from the Bid Documents, are deemed to be part of this Contract and binding upon the Contractor in all particulars.

6. Employment Practices: The City is an equal opportunity employer. The Contractor shall comply with all State, Local and Federal hiring practices with respects to the percent of minority engaged at the work site.

The Contractor is urged to hire local residents.

D-2

IN WITNESS WHEREOF the respective parties hereto have hereunto set their hands and seal the day and year first written above.

CITY OF PEEKSKILL

By _________________________________________ City Manager SEAL

Signed, Sealed and Delivered in the presence of:

CONTRACTOR

By _________________________________________

SEAL

(Address)

Signed, Sealed and Delivered in the presence of:

By _________________________________________

Approved by the Attorney for the City of Peekskill

By _________________________________________

D-3

STATE OF NEW YORK )

) SS.:

COUNTY OF WESTCHESTER )

On the ___________________day of ___________________________, 20__, before me personally came ____________________________________ to me known, who, being by me duly sworn, did depose and say that he resides at_____________________________________

__________________________________; that he is the _______________________________ of the City of PEEKSKILL, New York the corporation described in, and which executed the foregoing instrument:

that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was affixed by order of the Board of Directors of the said corporation; and that he signed his name thereto by like order.

NOTARY PUBLIC

STATE OF NEW YORK )

) SS.:

COUNTY OF WESTCHESTER )

On the ___________________day of ___________________________, 20__, before me personally came ____________________________________ to me known, who, being by me duly sworn, did depose and say that he resides at_____________________________________

__________________________________; that he is the _______________________________ the corporation described in and which executed the foregoing instrument that he knows the seal of said corporation;

that the seal affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order.

NOTARY PUBLIC

SECTION E

LABOR AND MATERIAL PAYMENT BOND

NELSON AVE PARKING GARAGE REHABILITATION

CITY OF PEEKSKILL

BID NO. 2026-05

BOND NO. ________

NOTE: This Bond is issued simultaneously with another Bond in favor of the Owner conditioned for the full and faithful performance of the Contract.

KNOW ALL MEN BY THESE PRESENTS:

That _________________________________________ as Principal (hereinafter called Principal) and _________________________________________ as Surety (hereinafter called Surety) are held and firmly bound unto the City of Peekskill, NY as Obligee (hereinafter called Owner) for the use and benefit of claimants as hereinbelow defined; in the amount of

_________________________________________ Dollars ($___________________), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement, dated ____________________________, entered into a Contract with the Owner for ____________________________________________ which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, the condition of this obligation is such that, if the said Principal shall promptly pay for all materials furnished and labor supplied or performed in the prosecution of the work included in and under the aforesaid Contract, whether or not the material or labor enters into and becomes a component part of the real asset, then this obligation shall be null and void; otherwise it shall remain and be in full force and effect.

PROVIDED, that any alterations which may be made in the terms of the Contract or in the work to be done under it, or the giving by the Obligee of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Obligee or the principal to the other shall not in any way release the Principal and the Surety of either or any of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety of any such alterations, extension or forbearance being hereby waived.

E-1

Any party, whether a subcontractor or otherwise, who furnished materials or supplies or performs labor or services in the prosecution of the work under said Contract, and who is not paid therefor, may bring a suit on this bond in the name of the person suing, prosecute the same to a final judgment, and have execution thereon for such sum as may be justly due.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this ____________ day of _______________________, 20___, the name and seal of each corporate party being hereto affixes and these presents signed by its undersigned representative, pursuant to authority of its governing body.

In presence of:

___________________________ ____________________________ (SEAL)

(Individual Principal)

(Business Address)

___________________________ ____________________________ (SEAL)

(Corporate Principal)

(Business Address)

By: ______________________

Attest:

_____________________________ ____________________________ (SEAL)

(Corporate Principal)

(Business Address)

By: ______________________

Countersigned

By: _________________________________

*Attorney-in-Fact, State of ____________________________

E-2

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That _________________________________________ as Principal (hereinafter called Principal) and _________________________________________ as Surety (hereinafter called Surety) are held and firmly bound unto the City of Peekskill, NY as Obligee (hereinafter called Owner) for the use and benefit of claimants as hereinbelow defined; in the amount of

_________________________________________ Dollars ($___________________), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement, dated ___________________________, entered into a Contract with the Owner for ___________________________________________ which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said Contract, including such remedial work as may be required under the guaranty during the period of guaranty and shall certify in writing that all wages paid under said Contract to any mechanic, laborer or workman were equal to the rates or wages customary or then prevailing for the same trade or occupation in the Project area, then this obligation shall be null and void, otherwise it shall remain in full force and effect.

The Surety hereby waives notice of any alteration or extension of time made by the Owner.

Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default or shall promptly:

1) Complete the Contract in accordance with its terms and conditions, by another Contractor acceptable to the Owner, said other Contractor to act as an agent for the Surety, or

2) Obtain a Bid or Bids for…