IFB-7506 Asbestos Abatement Yonkers City Hall Outside of Room 109.pdf

CITY OF YONKERS

BUREAU OF PURCHASING

3RD FLOOR

ONE LARKIN CENTER

YONKERS, NEW YORK 10701-3888

Telephone (914) 377-6030; Fax (914) 377-6032 / 33

COVER SHEET

SOLICITATION & CONTRACT DOCUMENTS FOR

Asbestos Abatement at Yonkers City Hall Outside of Room 109

BID NUMBER: IFB-7506

OPENING DATE: SEPTEMBER 5, 2025

AND TIME: 2:00 PM PREVAILING TIME

CONTRACT NO.: __________________

Assigned by Purchasing

BIDDER TO FILL OUT (PRINT):

LEGAL NAME OF BIDDER:______________________________________________________

ADDRESS: ___________________________________________________________________

(P. O. Boxes are not acceptable)

CONTACT: ________________________________TITLE: ____________________________

PHONE NO.: __________________________FAX:______________________________

E-MAIL: ____________________________________________________________

DATE: _________________________________

DO NOT RETURN ENTIRE BID PACKAGE –

ONLY RETURN WHAT IS LISTED IN THE “INFORMATION FOR BIDDERS”, PAGE 6

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IMPORTANT INFORMATION FOR BIDDERS

Public Work Contractor and Subcontractor Registry

Starting December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New

York State Department of Labor (NYSDOL) under Labor Law Section 220-i.

https://dol.ny.gov/contractor-and-subcontractor-landing

The law defines a “contractor” as any entity entering into a contract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication. The law defines “subcontractor” as any entity subcontracting with a contractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication, which is subject to Article 8 of the Labor Law. Contractors are responsible for verifying that any subcontractors they work with are registered.

Contractors need to be registered before submitting any new bids or commencing new work on a covered project on or after December 30, 2024. Failure to submit the Certificate of Registration with your bid may result in the disqualification of your bid.

Subcontractors need to be registered before commencing new work on a covered project on or after December

30, 2024. NYSDOL encourages all contractors and subcontractors to register as soon as possible to obtain a

Certificate of Registration to avoid negatively impacting a bidding period or project schedule.

The Bureau of Public Work & Prevailing Wage Enforcement at the New York State Department of Labor is responsible for enforcing prevailing wage laws in New York State.

The Bureau of Public Work & Prevailing Wage Enforcement publishes the annual prevailing wage schedule every year on July 1. To find information about the prevailing wage rate for your area, or to find contact information for your local Public Works and Prevailing Wage Enforcement District Office, please visit Bureau of Public Work and

Prevailing Wage Enforcement website or send an email to labor.sm.pwask@labor.ny.gov.

Electronic Certified Payroll Submissions in 2025

There is a new subsection 220-j in Article 8, which will require the Department of Labor to develop a publicly accessible online database of electronic certified payroll records, which will be available no later than December 31, 2025.

All submissions of certified payroll records will be collected electronically through this forthcoming database, starting when the system is completed in 2025.

Please watch the NYS Department of Labor website for additional information.

Prevailing Wage

A New York State Department of Labor (NYSDOL) Prevailing Wage Rate Case Number has been assigned to this project. The PRC case number is #2025009930

To access the prevailing wage rate schedule for this project, enter the PRC number at the following New York State

Dept. of Labor webpage: https://apps.labor.ny.gov/wpp/showFindProject.do?method=showIt

Complete NYSDOL requirements can be viewed at https://dol.ny.gov/public-work-and-prevailing-wage https://www.nysenate.gov/legislation/laws/LAB/A8 https://www.nysenate.gov/legislation/laws/LAB/220-I https://dol.ny.gov/contractor-and-subcontractor-landing mailto:labor.sm.pwask@labor.ny.gov https://apps.labor.ny.gov/wpp/showFindProject.do?method=showIt https://dol.ny.gov/public-work-and-prevailing-wage

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Upon issuance of the Notice of Acceptance/Contract Award, the Purchasing Department will notify the NYSDOL with the following information:

• Contractor name, address, and federal employer identification number;

• Contract amount;

• Approximate start and completion dates.

NYSDOL Requirements for OSHA 10 Compliance

If the resultant contract is $250,000 or more, the Contractor must certify that every worker employed for this project has completed an OSHA 10 safety training course prior to performing any work on the project. Valid proof of completion of the OSHA 10 training course includes copies of bona fide course completion card and training roster, attendance record, or other documentation from the certified trainer. Simply attesting that all employees have completed the course is not sufficient proof of completion.

All Bid Documents and Addenda Published Online

All Contractors are encouraged to register online with the Empire State Purchasing Group at http://www.empirestatebidsystem.com/ to receive additional notifications of bid opportunities from the City of

Yonkers and over 200 other New York State municipalities. This is a regional bid notification system that provides instant access to all participating agencies’, Bids, Request for Proposals, Request for Quotes, and Amendments online from one website.

Vendors are also encouraged to visit the Yonkers Purchasing Department website at http://www.yonkersny.gov/government/departments/purchasing to learn more about doing business with the City of

Yonkers.

http://www.empirestatebidsystem.com/ http://www.yonkersny.gov/government/departments/purchasing

Engineering Bid Template Rev 04.16.2025 Page 4 of 85

Table of Contents

INFORMATION FOR BIDDERS

BID SCHEDULE OF PRICES - ITEMIZED

BID SCHEDULE OF PRICES - LUMP SUM BID

BID AND BIDDER’S AFFIDAVIT ............................................................................................. 13-17

FORM OF BID BOND .................................................................................................................. 18-22

PERFORMANCE BOND .............................................................................................................. 23-27

LABOR AND MATERIAL PAYMENT BOND .......................................................................... 28-32

VENDOR BACKGROUND QUESTIONNAIRE ........................................................................ 34-40

SCHEDULE “A” to the GENERAL AGREEMENT .................................................................... 41-42

GENERAL AGREEMENT ........................................................................................................... 47-74

SCHEDULE "B" M/WBE QUESTIONNAIRE……………………………………………….…….76

SCHEDULE "C" MACBRIDE PRINCIPALS

CERTIFICATION…………………..….………...........................................................................77-78

SCHEDULE "D" IRAN DIVESTMENT ACT CERTIFICATION………………………….……...79

SCHEDULE "E" NON-COLLUSIVE BIDDING CERTIFICATION……………………….….…..80

SUPPLEMENTARY CONDITIONS Applicable N/A Page 81-83

ATTACHMENT A – BID SCHEDULE OF PRICES Applicable N/A Page 84-85

SEPARATE DOCUMENTS UPLOADED TO THE BIDNET EMPIRE STATE PURCHASING GROUP WEBSITE AT:

TECHNICAL SPECIFICATIONS: City of Yonkers -City Hall 1st Floor Hallway - Asbestos Removal Specifications - 28 pages PDF.

LiRo Engineers Inc - Asbestos Analysis Template Report - 6 pages PDF.

DRAWINGS: City of Yonkers City Hall 1st floor hallway layout – 2 pages PDF.

PREVAILING WAGE To access the prevailing wage rate schedule for this project, enter the

RATE SCHEDULE project’s Prevailing Rate Case Number, PRC # 2025009930 at the following New York State Dept. of Labor webpage:

Deadline for receipt of written questions (submitted to Purchasing Contact on page 5 via email):

August 27, 2025 - 2 PM EST

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CITY OF YONKERS - INFORMATION FOR BIDDERS - COVER SHEET

1. Bid No.: IFB-7506

2. Description: Asbestos Abatement at Yonkers City Hall Outside of Room 109

3. Place of City of Yonkers, City Hall

Performance: 40 S Broadway

Yonkers , NY 10701

4. Date, Time, and Date: SEPTEMBER 5, 2025

Place Bids Time: 2:00 PM PREVAILING TIME are Due: Place: YONKERS BUREAU OF PURCHASING

ONE LARKIN CENTER, 3RD FLOOR

YONKERS, N.Y. 10701

Located in the Yonkers Riverfront Library Building across from the Metro North train station.

Bidders are reminded that bids received after 2:00 are late and will not be accepted – If delivering bid in person, allow sufficient time to find parking and get through security.

The building is open from 8:30 AM to 4:00 PM for receiving packages via courier services and in person. If delivering bids in person, individuals must see the Public Safety Officer in the library atrium, who will contact

Purchasing to meet the individual at the 3rd floor elevator.

Sealed Bids will be publicly opened and read at the address above in the 3rd Floor Finance Conference Room. Please advise the buyer if you plan on attending the bid opening.

Those interested in listening to the bid opening and the reading of bids can dial Conference Call number 1-701-802-

5221 and enter Access Code 1354203 when prompted. The bid opening will start promptly at 2:00 pm. It is recommended that vendors are dialed in by 1:55 pm to hear the bid results. No questions will be answered while the bid opening is in progress.

5. Pre-Bid / Site

Inspection: Date: AUGUST 22, 2025 Time: 10:30 AM

Location: City of Yonkers, City Hall

40 S Broadway

Yonkers, NY 10701

Meet at Inside Main entrance at Security Desk

***Please Contact Buyer via email Tulumba.Ntumba@yonkersny.gov If You Plan on Attending****

6. Purchasing

Contact Name: Tulumba Ntumba

Phone: 914-376-8056

E-mail: Tulumba.Ntumba@yonkersny.gov

All questions regarding the contents of this bid must be submitted in writing to the Purchasing Contact listed above. Questions should be submitted by email. Answers to all inquiries will be given to all prospective vendors in the form of a formal addendum to the solicitation and shall be annexed to and become part of the ensuing contract.

Only written addenda issued by the Bureau of Purchasing shall be binding. No officer, employee, or agent of the

City is authorized to clarify or amend the Solicitation Documents by any other method, and any such clarification or amendment, if given, is not binding on the City. Prospective Bidders are reminded that it is their responsibility to ensure that they receive all addenda.

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INFORMATION FOR BIDDERS

I. Description and Location of Work; and Time and Place for Receipt of Bids:

The description and location of the work for which bids are requested and the time and place for receipt of bids are set forth on the Cover Sheet of the Information for Bidders.

II. Bid Submission Requirements:

The following items are to be completed AND RETURNED as part of the bid:

A. Bid Cover Sheet, Page 1

B. Bid Schedule of Prices – Itemized, Page 11 & Attachment A, Page(s) 83-84

C. Bid and Bidder’s Affidavit – Pages 13-17 - SIGNED AND NOTARIZED.

D. Form of Bid Bond – Pages 18 – 22 – SIGNED AND NOTARIZED.

E. Vendor Background Questionnaire – Pages 34-40 - SIGNED AND NOTARIZED.

F. Contract Signature Page – Page 73 and Pages 74 or 75 (whichever applies)

G. Schedules B through E – Pages 76-80 – SIGNED AND NOTARIZED (where required)

H. Certificate of Contractor Registration for prime contractor with the NYSDOL Public Work

Contractor and Subcontractor Registry – failure to submit this Certificate with your bid may result in the disqualification of your bid.

Non-compliance with any of the above bid submission requirements may result in the disqualification of the bid. DO NOT RETURN ENTIRE BID PACKAGE - ONLY RETURN

THE PAGES LISTED ABOVE. KEEP A COPY OF THE ENTIRE BID PACKAGE FOR

YOUR RECORDS.

III. Examination of the Contract Documents and Site:

A. Prospective Bidders shall examine the Contract Documents carefully and, before bidding, shall make a written request to the Purchasing Director or designee for clarification of any ambiguity, or correction of any inconsistency or error in the documents. All inquiries must cite the page, section, paragraph number, and be submitted by email to the Purchasing

Contact listed on page 5. Every request for such clarification must be received at least five (5) calendar days prior to the date fixed for the opening of the bid or as specified on page 4. Such clarification or correction, as well as any additional Contract provisions the

City shall decide to include shall be issued in writing by the City as an addendum and will be available for downloading from the Empire State Purchasing Group website

(http://www.empirestatebidsystem.com/ ). Upon issuance, such addenda shall be binding on all

Bidders. The requirements contained in all Solicitation Documents shall apply to all addenda.

B. Only interpretations, corrections or additional Contract provisions made in writing by the

City as addenda shall be binding. No officer, agent or employee of the City is authorized to clarify or correct the Contract Documents by any other method, and any such clarification or correction, if given, is not binding on the City.

C. At the time of the opening of bids, each Bidder shall be presumed to have inspected the site and to be thoroughly familiar with all the Contract Documents. The failure of any Bidder to obtain, to examine all Contract Documents, or to request a clarification or correction, shall in no way relieve any Bidder from any obligation in respect to the bid of such Bidder.

D. Any subsequently alleged ambiguity, not raised by the successful bidder prior to the submission of his or her bid, shall be conclusively and unilaterally resolved by the

Purchasing Director.

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IV. Site Inspection / Pre-Bid Conference: Applicable Not Applicable

A pre-bid conference for all prospective Bidders may be held at a time and place to be announced by the City for the purpose of discussing the Contract Documents and requirements in an informal setting. Persons or firms who obtain copies of the Bidding Documents prior to the date of the pre-bid conference will be notified of the exact time that the pre-bid conference will be held.

Prospective Bidders are encouraged to attend this pre-bid conference. Nothing stated at the pre-bid conference shall change the terms and/or conditions of the Contract unless memorialized in writing as required herein.

V Preparation and Submission of Bids:

A. Bids must be submitted on the forms supplied by the City. Bids shall be enclosed in a sealed envelope, addressed to the City and marked with the name and address of the Bidder, the Bid

Number, the Bid Opening date and time, and the description of the Project. All blank spaces for bid prices must be filled in, using both words and figures. If there is no charge for a line item, do not enter “N/A”, enter “$0.0”. In the event of a discrepancy between the Bid

Amount in words and the Bid Amount in figures, the Bid Amount in words shall govern.

Conditional bids shall be rejected. Bids shall not contain any recapitulation of the Work to be done. No oral, telegraphic, telephonic or faxed bids or modifications shall be considered.

B. Bids that are illegible or that contain omissions, alterations, additions or items not called for in the bidding documents may be rejected as non-responsive. Any bid which modifies, limits, or restricts all or any part of such bid, other than as expressly provided for in the

Contract Documents, will be rejected as non-responsive.

C. The City may reject as non-responsive any bid not prepared and submitted in accordance with the provisions of the Contract Documents.

D. Any bid may be withdrawn prior to the scheduled time for the opening of bids or the postponed date, if any.

E. Any bid received after the date and time that the bids are due will not be accepted.

F. A Bidder may not withdraw its bid during the forty-five (45) calendar day period following the actual date of the opening without prior approval of the City.

G. Unbalanced bids may be rejected at the discretion of the City. Unbalanced bids shall be deemed to include any bid on any item which is not, in the opinion of the City based on a bona fide price for which the bidder can furnish the articles or perform the work covered by said item at cost or with substantially the same percentage of profit as he estimates to receive on the Contract as a whole.

VI. Determination of Bidder Responsibility; Vendor Background Questionnaire:

A. Bidders are obligated to submit complete and accurate Vendor Background Questionnaire

(“VBQ”) with this bid as set forth in this paragraph. Failure to submit a complete and accurate VBQ may render your bid non-responsive and ineligible for award.

B. In addition, prior to the award of a contract, the City will conduct such investigations as the

City deems necessary to determine the responsibility of any Bidder and/or to determine the ability of any Bidder to perform the Work. All apparent low bidders are subject at the time of bid to a financial analysis.

The City may require the Bidder to submit one or more of the following:

1. Further detailed breakdown of its Bid Amount in a format and level of detail acceptable to the City.

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2. The names and resumes of key personnel (down to level of superintendent) the bidder intends to assign to the work if awarded a contract.

3. The portions of the Work that the bidder intends to subcontract by trade and estimated dollar amount of each.

4. A list of contracts, award dates, award amounts and Owner contact persons for projects the Bidder has recently been awarded or is currently working on.

The Bidder shall furnish the above information within three (3) business days of its receipt of the City’s written request.

C. Delinquent contractors shall not be deemed responsible for purposes of awarding a contract.

It is the policy of the City of Yonkers to disqualify persons or business entities which are delinquent in financial obligations to the City or its affiliated agencies, boards, or commissions from participating in City contracts and business opportunities.

D. The City reserves the right to reject any bid if the information required by the City is not submitted as required or if the information submitted fails to satisfy the City that the Bidder is responsible, or is able or qualified to carry out the obligations of the Contract, or to complete the Work as contemplated.

VII. Required Bonds: Applicable Not Applicable

A. BID SECURITY. The bidder is required to submit bid security in an amount and type specified in the Schedule “A” to the General Agreement. All Bid Bonds received in connection with this bid will be returned to the Bidders, except the three lowest Bidders, within five days after the formal opening of bids; and the remaining Bid Bonds, except for the lowest responsible bidder, will be returned to the other bidders, after the Board of

Contract and Supply has awarded the Contract.

B. PERFORMANCE SECURITY. The bidder is required to submit performance security in the amount specified in Schedule “A” to the General Agreement. The performance security shall be delivered by the Contractor to the City within ten (10) business days after the receipt of a

Notice of Award. If a Contractor fails to deliver the required performance security, the award shall be rescinded, its bid security shall be enforced and award of the Contract may be made to the next lowest responsible bidder or the Contract may be rebid.

C. PAYMENT SECURITY. Payment security is required for all construction contracts in accordance with State law in the amount specified in Schedule “A” of the General

Agreement. The payment security shall be delivered by the Contractor to the City within ten

(10) business days after the receipt of a Notice of Award. If a Contractor fails to deliver the required payment security, the award shall be rescinded, its bid security shall be enforced and award of the Contract may be made to the next lowest responsible bidder or the Contract may be re-bid.

D. ACCEPTABLE SECURITY. Acceptable security for bids, performance and payment shall be limited to:

1. A bond in a form satisfactory to the City – Note: AIA bond forms are NOT

ACCEPTABLE.

2. A bank certified check or money order.

E. Attorneys in fact who sign said bonds on behalf of a surety must affix to each bond a certified copy of their power of appointment, indicating the effective period.

F. All bonds must be submitted on the exact form provided in the bid and contract documents.

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VIII. Award of Contract, Rejection of Bids:

A. SUBJECT TO THE CITY’S RIGHT TO REJECT ANY AND ALL BIDS, THE AWARD

OF THE CONTRACT SHALL BE MADE TO THE LOWEST RESPONSIVE AND

RESPONSIBLE BIDDER.

B. The City may reject all bids and may elect to re-solicit bids if in its sole opinion it shall deem it in its best interest to do so.

C. Rejection of all bids and negotiations with responsible bidders

1. The City may determine that it is appropriate to cancel the selection process after bid opening and before award and to complete the acquisition by negotiation. This determination shall be based on one of the following reasons:

(a) All otherwise acceptable bids received are at unreasonable prices, or only one bid is received and the City cannot determine the reasonableness of the bid price, or no responsible bid has been received from a responsible bidder; or

(b) In the judgment of the City the bids were not independently arrived at in open competition, were collusive, or were submitted in bad faith.

2. When the City has determined that the Invitation for Bids is to be cancelled and that use of negotiation is appropriate to complete the acquisition, the City may negotiate and award the Contract without issuing a new solicitation subject to the following conditions:

(a) prior notice of the intention to negotiate and a reasonable opportunity to negotiate have been given by the City to each responsible bidder that submitted a timely bid;

(b) the negotiated price is the lowest negotiated price offered by any responsible bidder;

and

(c) the negotiated price is lower than the lowest rejected bid price of a responsible bidder that submitted a timely bid.

D. Tied Bids. When two or more low responsible bidders are identical in price, the City will break the tie by giving priority first to a City of Yonkers bidder, second to a County of

Westchester, New York bidder, and third to a State of New York bidder. If after such preferences are given a tie still remains, the award shall be made by a drawing by lot. The bidders involved shall be invited to attend the drawing.

IX Audit by the Inspector General:

A. Any Vendor who believes that there has been unfairness, favoritism or impropriety in the bid process should inform the Inspector General of the City of Yonkers, Yonkers City Hall, Yonkers, New York 10701, telephone number (914) 377-6107.

B. The Inspector General may, in his or her discretion, audit the bid process or otherwise investigate any allegations of wrongdoing and, if deemed necessary, issue a report on his or her findings to the Board of Contract and Supply.

X Authority to Do Business in New York

Any corporation not incorporated under the Laws of New York State must furnish a copy of its

Certificate of Authority from the New York State Secretary of State to do business in the State of

New York, in accordance with Article 13 of the New York State Business Corporation Law. You may get additional information at: Department of State, Division of Corporations, 41 State Street, Albany, NY 12231 (518-473-2492).

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XI To receive payments for Work completed, Contractor shall submit monthly, itemized invoices in a form acceptable to the City to the attention of the City Engineer, which will be paid within 30 to 90 days of receipt, subject to compliance with the terms hereof. If you wish to receive payment electronically, you can enroll in the City’s ACH payment program during the vendor enrollment process.

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COMPLETE THIS FORM IN INK BID NO.: IFB-7506

BID SCHEDULE OF PRICES - ITEMIZED

SEE ATTACHMENT A – PAGE 84

For furnishing and providing all the necessary material, machinery, plant, implements, tools, labor, services, skill and other items of whatever nature required, and to do and perform all the work necessary under the Contract, to complete the work in accordance with the Drawing and Specifications and any

Addenda thereto and to accept in full compensation therefore the amount of the total bid stated, the sum of:

TOTAL BID: ITEMS 1 TO 1 INCLUSIVE, THE SUM OF:

PLEASE PRINT:

Written in Words: _________________________________________________________

__________________________________Dollars ___________________________ Cents

Written in Figures: $________________________________________________________

Discount for Prompt Payment: _______ % _________ Days, Net 30.

The Bidder hereby acknowledges receipt of all Solicitation Documents and Addenda through and including

Addendum number ________ (Bidder to insert number of last Addendum received.)

Availability to Start Work: ___________________________________________________

Legal Name of

Bidder: _______________________________________________________

Address of Bidder: _______________________________________________________

Is this business a Certified Minority / Women Business Enterprise in New York State?

Yes No

Prepared By: _______________________________________________________

Title: _______________________________________________________

Signature: _______________________________________________________

Telephone No.: _______________________________________________________

Mobile No.: _______________________________________________________

E-Mail: _______________________________________________________

Date: _______________________________________________________

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THIS PAGE INTENTIONALLY LEFT BLANK

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BID AND BIDDER’S AFFIDAVIT

Bid No.: IFB-7506

By submission of this bid and the execution of the Bidder’s Affidavit, the Bidder hereby submits a binding offer to furnish all required work and meet all other obligations set forth in the Contract Documents, and all addenda thereto, whether received by the undersigned or not; for the total sum indicated below:

Bid Amount: _________________________________________________________

______________________________________________Dollars,______________Cents

(printed or typed in words)

(Total Bid in Figures)

By submission of this bid, the Bidder acknowledges that it has read all the contents of this document including the Important Information for Bidders, Information for Bidders, Schedule “A”, General

Agreement, General Conditions, Supplementary Conditions, Engineering Department Rules and

Regulations, Technical Construction Specifications, Drawings, the Prevailing Wage Schedule for Article 8

Public Work Project (PRC# 2025009930), all Schedules, and all addenda, if any.

Bid Made by:

(Firm Legal Name) _____________________________________________________________________

Address: _____________________________________________________________________

By: ___________________________ ____________________ _________________

(Signature-Authorized Officer) (Print Name) (Print Title)

Telephone:______________________________ Mobile:_________________________

Tax ID Number:_________________________ Date:________________________

Email: _________________________________________________________________

The Bidder’s authorized representative on this Project shall be:

Additionally, by submission of this bid and the execution of the Bidder’s Affidavit each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies on behalf of its own organization, under penalty of perjury, that to the best of his/her knowledge and belief:

A. The prices in the 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 the 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;

Engineering Bid Template Rev 04.16.2025 Page 14 of 85

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 to submit a bid for the purpose of restricting competition;

D. The bidder is not in arrears to the City of Yonkers upon debt, contract or taxes and is not a defaulter, as surety or otherwise, upon obligation to the City of Yonkers;

E. The bid prices are to cover all expenses of every kind incidental to the completion of the work and the

Contract therefore, including all claims that may arise through damage or any other cause whatever, and for those items for which the prices are established in the Specifications, hereby agree to perform such additional work and supply such additional material at the prices therein established;.

F. The Bidder shall make no claim on account of any variations between the quantities of the approximate estimate and the quantities of the work as done, nor on account of any misconception or misunderstanding of the nature and character of the work to be done, or of the ground or place where it is to be done;

G. The bidder is the only one interested in this bid; and it is made without any connection with any other person or persons making an estimate for the same work, and is in all respects fair, and without collusion or fraud;

H. No member of the municipal government of the City of Yonkers nor any officer or employee of the

City, is directly or indirectly interested in this bid, or in the supplies or the material for the work or in any portion of the profit thereof;

I. Fair and Ethical Business Practices will be strictly adhered to during the life of this Contract. During the term of this Contract, neither the Bidder nor any director, partner, principal, officer or employee shall:

1) File with a government office or employee, a written instrument which intentionally contains a false statement or false information;

2) Intentionally falsify business records;

3) Give, or offer to give, money or any other benefit to a labor official with intent to influence that labor official with respect to any of his or her acts, duties or decisions as a labor official;

4) Give, or offer to give, money or any other benefit to a public servant with intent to influence that public servant with respect to any of his or her acts, duties or decisions as a public servant; and

5) Knowingly participate in the criminal activities of any organized crime group, syndicate or family, nor shall any person employed by or associated with any such organized crime family, syndicate or group participate through criminal means in any of the business affairs of the

Bidder.

J. In addition, if it becomes known that any director, partner, officer, employee of the Bidder, or any shareholder owning 5% or more of the Bidder’s stock:

1) is the subject of investigation involving any violation of criminal law or other federal, state of local law or regulation by any governmental agency; or

2) is arrested, indicted or named as an unindicted co-conspirator in any indictment or other accusatory instrument; or

3) is convicted of any felony under state or federal law and/or any misdemeanor involving a business-related crime.

The Bidder shall immediately notify the City of any such event.

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AFFIDAVIT WHERE THE BIDDER IS A CORPORATION

STATE OF______________________, COUNTY OF __________________________

as:

________________________________________________________being duly sworn, says:

I am a member of ________________________________________________________, the above named corporation whose name is subscribed to and which executed the foregoing bid. I reside at

I have full knowledge of the matters pertaining thereto.

(Signature of the person who signed the Bid)

ACKNOWLEDGEMENT WHERE THE CONTRACTOR IS A CORPORATION

STATE OF _________________)

) ss:

COUNTY OF_______________ )

On the ________day of ___________________, in the year 20__, before me personally came

__________________________________________________, to me known, who, being by me duly sworn, did depose and say that he/she resides at ________________________________________________, that she is the ___________________________________of ______________________________, the corporation described in and which executed the above instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation.

Notary Public

If a Corporation, Bidder must complete both Affidavit and Acknowledgement sections and submit this page with its bid

(Bid and Bidder’s Affidavit – Bid # IFB-7506)

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AFFIDAVIT WHERE BIDDER IS A PARTNERSHIP

STATE OF__________________________, COUNTY OF_______________________

_________________________________________________________being duly sworn, I am a member of ________________________________________________________ the above named partnership whose name is subscribed to and which executed the foregoing bid. I reside at___________________________________________________

___________________________________________________________. I have full knowledge of the matters pertaining thereto.

ACKNOWLEDGEMENT OF CONTRACTOR, IF A PARTNERSHIP

STATE OF___________________)

COUNTY OF_________________)

On the ______day of_________________________, in the year 20___, before me personally came

___________________________________________, to me known and known to me to be a member of the firm ______________________________________; described in and who executed the foregoing instrument; and he/she duly acknowledged to me that he/she executed the same for and in behalf of said firm for the uses and purpose mentioned therein.

If a Partnership, Bidder must complete both Affidavit and acknowledgement sections and submit this page with its bid.

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AFFIDAVIT WHERE BIDDER IS AN INDIVIDUAL

STATE OF____________________, COUNTY OF______________________________

_________________________________________________________being duly sworn, I am the person who submitted the foregoing bid. I have full knowledge of the matters pertaining thereto.

ACKNOWLEDGEMENT OF CONTRACTOR, IF AN INDIVIDUAL

STATE OF______________)

COUNTY OF____________)

On the ______day of _____________________, in the year 20__, before me personally same

____________________________________, to me known and known to me to be the person described in and who executed the foregoing instrument, and he/she duly acknowledged that the/she executed the same.

If an Individual, Bidder must complete both Affidavit and Acknowledgement sections and submit this page with its bid.

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FORM OF BID BOND

City of Yonkers Yonkers City Hall

Bureau of Purchasing Yonkers, New York 10701

BID NO.: IFB-7506

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned

(Bidder’s Legal Title) as principal and __________________________________________________________

(Surety’s Legal Title) as Surety, are hereby held and firmly bound unto the City of Yonkers, Yonkers City Hall, Yonkers, N.Y. in the penal sum of

_____________________________________________________________________Dollars or in the full and just sum of the difference between the total bid of the Principal and the total bid of the

Bidder submitting the next lowest bid, whichever sum shall be higher, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Executed this ______ day of ____________________________________, 20_____.

The condition of the above obligation is such that whereas the Principal has submitted to the City of

Yonkers, Yonkers City Hall, Yonkers, N. Y., a certain bid, attached hereto and made a part hereof to enter into a Contract in writing for the construction of_________________________________________________________________ located at __________________________________________________________.

NOW, THEREFORE,

(A) If said bid shall be rejected or in the alternate

(B) If said bid shall be accepted and the Principal shall furnish a bond for the faithful performance of said Contract by the Principal, and for the payment of said persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event exceed the penal amount of this obligation as herein stated.

(C) The Surety, for value received, hereby stipulates and agrees that the obligations of said

Surety and said Surety’s bond in no way shall be impaired or affected by any extension of

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(D) In the event that the Bid of the Principal shall be accepted and the Contract be awarded to him or her, the Surety hereunder agrees subject only to the payment by the Principal of the premium therefore, if requested by the City, to write the Performance and Payment Bonds in the form set forth in Contract Documents herein.

IN THE WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by the proper officers, the day and year first set forth above.

(SEAL) ___________________________________

Principal

Surety

(SEAL) By: ________________________________

(BID BOND – Bid # IFB-7506)

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ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION

STATE OF ____________ )

CITY OF ____________ ) ss:

On the___________, day of _______________ in the year 20____ before me personally came

____________________________to me known (or proved to me on the basis of satisfactory evidence), who, being by me duly sworn, did depose and say that he/she resides at

________________________________________________________, that he/she is the

_____________________________________of _________________________________, the corporation described in and which executed the above instrument, and that he/she signed his/her name thereto by order of the Board of

Directors of said corporation.

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STATE OF _________ )

CITY OF _________ ) ss:

On the _______ day of _______________ in the year 20___ , before me personally came

____________________________, to me known (or proved to me on the basis of satisfactory evidence), and known to me to be a member of firm _________________________; described in and who executed the foregoing instrument; and he/she duly acknowledged to me that he/she executed the same for and in behalf of said firm for the uses and purpose mentioned therein.

(BID BOND – Bid #)

STATE OF ___________ )

CITY OF ___________ ) ss:

On the _________ day of _______________________ in the year 20 ___ , before me personally came

____________________________________________, to me known (or proved to me on the basis of satisfactory evidence) and known to me to be the person described in and who executed the foregoing instrument and he/she duly acknowledged that he/she executed the same.

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ATTORNEY IN FACT ACKNOWLEDGEMENT

On the ___________day of ___________________in the year of 20___, before me personally came

________________________________________ the attorney in fact of

________________________________________________ the Company named in the foregoing contract, to me known to be the individual described in and who, as such attorney, executed the foregoing contract, and acknowledged that he/she executed the same as the Act and deed of the said party or parties; therein described as

Consultant, and for the purpose therein mentioned, by virtue of a power of attorney duly executed and acknowledged by the said party or parties, bearing date the ______________day of ______________ 20__; that said powers of attorney is still in full force.

ACKNOWLEDGEMENT OF SURETY

CITY ____________ ) ss:

On this _____ day of __________________ in the year 20___, before me personally came

______________________________________________ to me known, who, being by me duly sworn, did depose and say that he/she resides at

___________________________________________________________,that he/she is the

_______________________________________ of ___________________

__________________, the corporation described in and which executed the above instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation.

NOTARY PUBLIC

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PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS;

That ___________________________________________________________________

(Here insert the name and address or legal title of the contractor) as Principal, (hereinafter called “Principal”), and ______________________________

(Here insert the legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Yonkers, City Hall, Yonkers, New York 10701, as obligee, (hereinafter called the “City”), 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 entered into a contract with the City for the construction of

______________________________________________________________________ located at

______________________________________________________________ in accordance with drawings and specifications which are made a part hereof and which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, the conditions of this obligation are such that if the Principal, his/her or its representatives or assigns, shall well and faithfully perform the said contract and all modifications, amendments, additions and alterations thereto that may hereafter be made, according to its terms and its true intent and meaning, and shall fully defend, indemnify, and save harmless the City from all cost and damage which it may suffer by reason of failure so to do, and shall fully reimburse and repay the City for all outlay and expense which the City may incur in making good any such default, then this obligation shall be void, otherwise the same to remain in full force and effect.

The Surety, for value received, hereby stipulates and agrees, if requested to do so by the City, to fully perform and complete the work to be performed under the contract, pursuant to the terms, conditions, and covenants thereof, if for any cause, the Principal fails or neglects to successfully perform and complete such work. The Surety further agrees to commence such work of completion within twenty (20) days after written notice thereof from the City and to complete such work within such time as the City may fix.

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The Surety, for value received, for itself and it successors and assigns hereby stipulates and agrees that the obligation of said Surety and its bond shall in no way be impaired or affected by any extension of time, modification, omission, addition, or change in or to the said contract or the work to be performed thereunder or by any payment thereunder before the time required therein, or by any waiver of any provisions, thereof, or by any assignment, subletting or other transfer thereof or of any work to be performed or by any moneys due or to become due thereunder; and said Surety does hereby waive notice of any and all of such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontract and transfers, and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees subcontractors, and other transferee’s shall have the same effect as to said Surety as though done or omitted to be done by or in relation to said Principal.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which

Final Payment is made under the Contract.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein or the heirs, executors, administrators or successors of the City.

Signed as of this _______ day of _________________________________ 20_____

IN THE PRESENCE OF:

(Principal)

(Signature)

(Title)

(Surety)

(PERFORMANCE BOND – Bid # IFB-7506)

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On the ____ day of ____________________________ in the year 20___, before me personally came

____________________________to me known (or proved to me on the basis of satisfactory evidence), who, being by me duly sworn, did depose and say that he/she resides at

________________________________________________________, that he/she is the

_____________________________________of _________________________________, the corporation described in and which executed the above instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation.

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On the ___ day of _______________ in the year 20___ , before me personally came

____________________________, to me known and known (or proved to me on the basis of satisfactory evidence), to me to be a member of firm ___________________; described in and who executed the foregoing instrument; and he/she duly acknowledged to me that he/she executed the foregoing instrument; and that he/she duly acknowledged to me that he/she executed the same for and in behalf of said firm for the uses and purpose mentioned therein.

On the _________ day of _______________________ in the year 20____, before me personally came

____________________________________________, to me known (or proved to me on the basis of satisfactory evidence) and known to me to be the person described in and who executed the foregoing instrument and he/she duly

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On this ______day of __________________________ 20___, before me personally came

________________________________________________ the Company named in the foregoing contract, to me known to be the individual described in and who, as such attorney, executed the foregoing contract, and acknowledged that he/she executed the same as the Act and deed of the said party or parties; therein described as

Consultant, and for the purpose therein mentioned, by virtue of a power of attorney duly executed and acknowledged by the said party or parties, bearing date the ______________day of ______________ 20 ____; that said powers of attorney is still in full force.

On this _____ day of __________________ in the year 20____ , before me personally came

______________________________________________ to me known, who, being by me duly sworn, did depose and say that he/she resides at ___________________________________________________________,that he/she is the

_______________________________________ of ___________________

__________________, the corporation described in and which executed the above instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation.

NOTARY PUBLIC OR COMMISSIONER OF DEEDS

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LABOR AND MATERIAL PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS;

That ___________________________________________________________________

(Here insert the name and address of legal title of the Contractor) as Principal, (hereinafter called “Principal”) and _______________________________

(Here insert the legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Yonkers, Yonkers City Hall, Yonkers, Yew York 10701, as Obligee,(hereinafter called the City), in the amount of

_______________________________________________________________________ Dollars for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assign, jointly and severally, firmly by these presents.

WHEREAS, PRINCIPAL has by written agreement dated _________________ entered into a contract with the City for the construction of ______________________________

Located at _____________________________________________________________in accordance with drawings and specifications which are made a part hereof and which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION is such that if the…