RFQ 535 - Vehicle Equipment Dealer Services for the provision of NYSERDA and NYTVIP approved Class 3 Electric Vehicles for the City of Yonkers.pdf

CITY OF YONKERS, / YONKERS PUBLIC SCHOOLS

BUREAU OF PURCHASING

REQUEST FOR QUALIFICATIONS (RFQ) NO. 535

SOLICITATION DOCUMENTS FOR

Vehicle Equipment Dealer Services for the provision of NYSERDA and NYTVIP approved Class 3 Electric

Vehicles for the City of Yonkers

Deadline for Qualifications Submissions: 2:00 PM on Monday, September 29, 2025

One (1) electronic PDF file with the entire contents of the proposal shall be uploaded to the corresponding solicitation event in BidNet at www.empirestatebidsystem.com.

Mr. Miguel A. Martinez, MBA, NIGP-CPP City of Yonkers / Yonkers Public Schools Purchasing Department One Larkin Center – 3rd floor Yonkers, NY 10701 (Located in the Yonkers Riverfront Library Building across from the Metro-North train station)

914.377.6163 email: Miguel.Martinez@yonkersny.gov

RFQ No. 453 Page 2 of 25

TABLE OF CONTENTS

I. Objective

II. Purpose and Background

2.1 RESPONSE EVALUATION CRITERIA

SCHEDULE “D”

SCHEDULE “E”

SCHEDULE “G”

SCHEDULE “H”

RFQ No. 453 Page 3 of 25

I. Objective

The objective of this solicitation is for the eventual purchase of up to twelve (12) Class 3 Electric Cab & Chassis Trucks on behalf of the City. The City seeks to maximize cost savings and leverage available funding opportunities through the New York State Energy Research and Development Authority (NYSERDA) New York Truck Voucher Incentive Program (NYTVIP). Vendors must ensure that all vehicles, warranties, and documentation satisfy NYSERDA NYTVIP requirements, including program eligibility, dealer participation, and compliance with scrappage and reporting obligations. The vehicles will support the City of Yonkers’ commitment to sustainable fleet management and greenhouse gas reduction initiatives by integrating zero-emission vehicles into municipal operations.

II. Purpose and Background

The City of Yonkers is committed to modernizing its municipal fleet while advancing New York State and local sustainability initiatives. Transitioning to electric vehicles reduces greenhouse gas emissions, lowers operating costs, and improves air quality for residents. The procurement of Class 3 Electric Cab & Chassis Trucks will enable the City to replace aging fossil-fuel-powered vehicles with zero-emission alternatives that can be customized to meet various departmental needs through body upfitting.

This procurement aligns with New York State’s Climate Leadership and Community Protection Act (CLCPA) targets for transportation electrification, as well as the City’s internal sustainability goals. By utilizing the NYSERDA New York Truck Voucher Incentive Program (NYTVIP), it will allow the City to take advantage of significant financial incentives, reducing upfront vehicle costs and enabling a more rapid transition to a clean, reliable, and cost-efficient municipal fleet.

NYSERDA NYTVIP Program Compliance

Vehicle must be NYSERDA-approved and listed as an eligible vehicle under the NYTVIP program either at the time of quote submittal prior to the submittal of a voucher to NYSERDA.

Selected dealer must be a NYSERDA-approved Vendor in the NYTVIP program prior to the submittal of a voucher to NYSERDA

Vendor must complete and submit NYTVIP voucher documentation on behalf of the City of

Yonkers.

Vehicle must meet CARB Certification Requirements for zero-emission trucks.

Vendor must provide proof of Buy America Compliance (if required for grant eligibility).

Vendor must provide training, manuals, and technical support in accordance with NYSERDA requirements.

The City of Yonkers are not responsible for any internal or external delivery delays which may cause a vendor’s proposal in response to this RFQ to arrive beyond the deadline. No materials will be accepted after the deadline.

An evaluation committee will review the qualifications and may conduct interviews with one or more of the submitting firms as part of the final selection process. Proposers may be asked to make a presentation to the evaluation committee.

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While the City of Yonkers reserves the right to negotiate with any and all proposers regarding the information which is requested in this RFQ, each proposer must provide all information as requested to be considered and may be disqualified for failure to submit any required attachment/ exhibit, or for submitting incomplete or non-responsive information, exhibits or attachments. Any such negotiations will occur subsequent to review and certification of proposals as fully complete and responsive.

NO RIGHTS SHALL ACCRUE TO ANY PROPOSER OR ANY “QUALIFIED” FIRM BY THE FACT

THAT A PROPOSAL HAS BEEN SELECTED FOR SUBMISSION TO THE BOARD OF CONTRACT &

SUPPLY FOR CONTRACT APPROVAL. SAID BOARD HAS THE RIGHT TO REJECT ANY

RECOMMENDATION AND THE APPROVAL OF SAID BOARD IS NECESSARY BEFORE A VALID

AND BINDING CONTRACT MAY BE EXECUTED BY THE CITY OF YONKERS..

NO COMMUNICATIONS OF ANY KIND WILL BE BINDING, EXCEPT FOR THE FORMAL WRITTEN

RESPONSES TO ANY WRITTEN REQUEST FOR CLARIFICATION.

Answers to all inquiries will be in writing and made available to all prospective vendors in the form of a formal addendum to the RFQ. Said addendum shall be annexed to and become part of the ensuing contract. Formal addenda will be published on The Empire State Purchasing Group website at www.empirestatebidsystem.com.

Only written addenda issued by the Bureau of Purchasing shall be binding. No officer, employee, or agent of the City of Yonkers is authorized to clarify or amend these Solicitation Documents by any other method, and any such clarification or amendment, if given, is not binding.

Prospective proposers are reminded that it is their responsibility to ensure that they receive all addenda.

1. No proposal will be accepted from nor any agreement awarded to any proposer that is in arrears for any debt or in default of any obligation owed to the City of Yonkers. Additionally, no agreement will be awarded to any proposer that has failed to satisfactorily perform pursuant to any prior agreement with the City of Yonkers or the Yonkers Public Schools.

2. Modified Qualifications Packages. A Proposer may submit a modified Proposal to replace all or any portions of a previously submitted Proposal up until the Proposal Due Date and Time. The Evaluation Committee shall consider only the latest timely version of the Proposal.

3. Proposals MUST be signed. Unsigned proposals will be rejected.

4. Late proposals will not be accepted.

5. Requests for clarification of this RFQ MUST be written and submitted via email to Mr. Miguel Martinez, City of Yonkers/Yonkers Public Schools at Miguel.Martinez@YonkersNY.Gov.

RFQ No. 453 Page 5 of 25

PART I. GENERAL INFORMATION FOR PROPOSERS

SUBMISSION REQUIREMENTS

One (1) electronic PDF file with the entire contents of the proposal shall be uploaded to the corresponding solicitation event in BidNet at www.empirestatebidsystem.com.

RFQ CONTACT PERSON

Prospective Proposers shall examine the Solicitation Documents carefully and before submitting a proposal, shall submit to the individual listed below, in writing, any questions, or requests for clarification of any ambiguity or correction of any inconsistency or error in the documents. The City’s response to such a written request shall be issued in a written addendum to the RFQ and shall be binding on all Proposers. Only written addenda issued by the YPS shall be binding. No officer, employee, or agent of the YPS 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 Yonkers Public Schools.

All inquiries regarding this solicitation must be submitted in writing via e-mail:

City of Yonkers/Yonkers Public Schools Purchasing Department

Attn: Mr. Miguel A, Martinez, MBA, NIGP-CPP One Larkin Center

Yonkers, New York 10701 Miguel.Martinez@YonkersNY.gov (e-mail)

PART 2 – SELECTION PROCESS

2.1 RESPONSE EVALUATION CRITERIA

A qualified Vehicle Equipment Dealer Service Firm will be chosen by City of Yonkers Department of Public Works personnel based on the merits of the response to this RFQ. The selected firm for final consideration will be derived by the evaluation of the following criteria. Such criteria are not necessarily listed in order of importance. The City of Yonkers reserves the right to weigh its evaluation criteria in any manner it deems appropriate.

A. Compliance with NYSERDA NYTVIP Requirements (25 points) Vendor must be a NYSERDA-approved dealer under the New York Truck Voucher Incentive Program

(NYTVIP).

Vehicle(s) proposed must be NYSERDA-approved and listed as eligible under the NYTVIP program.

Demonstrated ability to complete voucher documentation and scrappage requirements on behalf of the

City.

RFQ No. 453 Page 6 of 25

B. Vehicle Technical Specifications (25 points) Ability of proposed vehicles to meet or exceed minimum specifications, including GVWR, payload, range, motor power, battery capacity, charging compatibility, braking, and safety technology.

Compliance with CARB Certification requirements.

C. Experience and Qualifications of Vendor (20 points) Demonstrated experience supplying Class 3 or similar zero-emission trucks to municipalities or fleet operators.

Availability of qualified service technicians and authorized service centers.

Vendor’s familiarity with municipal procurement processes and fleet electrification.

D. Warranty, Training, and Support (15 points) Quality and comprehensiveness of warranties (bumper-to-bumper, corrosion protection, high-voltage battery).

Provision of training, manuals, and ongoing technical support.

Ability to provide timely maintenance and repair services.

E. Cost Competitiveness and Funding Leverage (10 points) Overall cost proposal including delivery, destination, documentation, and any other fees.

Ability to maximize cost savings through incentive programs and Buy America compliance where applicable.

2.1.1 Proposal Responsiveness/Completeness: A determination that the proposer has submitted a complete and responsive proposal as required by all sections, terms, and conditions of the RFQ.

2.1.2 Oral Presentations: In addition to interviews, the Proposers may be requested to make an oral presentation. Proposers unable or unwilling to make presentations may be removed from consideration.

RFQ No. 453 Page 7 of 25

PART 3 -- PROPOSAL SUBMISSION REQUIREMENTS/FORMAT:

OUTSIDE OF SUBMISSION PACKAGE MUST BE MARKED: “RFQ NO. 535: Vehicle Equipment Dealer Services”

All proposals submitted must be organized in the following format and contain the following information:

3.1 A letter of transmittal/introduction introducing the firm by describing its origin, current ownership and management, and include an executive summary of the firm’s qualifications. The letter shall also include the following:

Legal organizational name and address of the prime Consultant;

Legal organizational name and address of sub-consultant(s), if any;

Name, title, telephone & fax numbers, and e-mail address of the person to be contacted regarding the content of the Proposal.

It is to be signed by the person authorized to bind the Proposer contractually.

3.2 Demonstration that the firm has been approved by NYSERDA either as an Original Equipment Manufacturer (OEM) or an authorized dealer or reseller of an OEM whose product has already been approved by NYSERDA. All pages must be numbered.

3.3 Include at least 2 references of other municipalities or other political sub-divisions in the United States, two of which are to be 1 to 3 three years old and provide the following information:

Agency/Owner

Contract # Name & Location of Project Sub or Prime Contractor Goods/Services Provided Start and Completion Dates Contract Amount Contact Name & Telephone No.

3.4 RFQ Schedule “B” -- Cost Proposal. Provide unit costs for your proposed vehicle.

3.5 RFQ Schedules “D” through “H”. Include completed, signed, and notarized (as applicable) versions.

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PART 4 SCHEDULE “A” -- SCOPE OF WORK

4.1 The successful firm will be required to provide Vehicle Equipment Dealer Services on a requirements basis to the City of Yonkers. This will include but not be limited to the following tasks:

1. Submit a Voucher Application on the City’s behalf:

Step 1: Contractor (Dealer) Application Prospective Dealer requests approval by completing NYTVIP Contractor Application, including an executed Contractor Participation Agreement and Vehicle Manufacturer Authorization form.

Step 2: Application Review Contractor Application is reviewed by NYSERDA for approval or to identify missing information.

Step 3: Contractor Eligibility Determination NYSERDA informs applicant on Contractor eligibility. If approved, NYSERDA will post the Contractor on the Eligible Contractors (Dealers) list. If not approved, the VHC will contact applicant to clarify what is needed.

Step 4: Contractor Vehicle/Equipment Sale The approved Contractor may sell or lease vehicles/equipment from the Eligible Vehicles/Equipment List that the Contractor has been authorized to sell. Contractor will be sent a login to the Salesforce Portal following approval of Contractor Application to initiate Voucher Applications.

Step 5: Voucher Application The approved Contractor and Fleet agree on a Purchase Order (can be provisional at time of application). The Contractor ensures that the Fleet supplies all necessary information and documents to successfully submit a Voucher Application. The Contractor carries the cost throughout the voucher process and will be reimbursed at Voucher Redemption once the new vehicle/equipment is delivered.

2. Please review the attached NYTVIP Implementation Guide for additional guidance.

RFQ No. 453 Page 9 of 25

PART 5 SCHEDULE “B” - COST PROPROSAL

Voucher redemptions for all vehicles (base model only) shall be issued by the New York State Energy Research and Development Authority (NYSERDA) once submittal of a voucher application is accepted in accordance to the NYTVIP Implementation Manual. The pricing submitted under this RFQ shall be for evaluation purposes and may not be representative of the final vehicle price after all discounts, incentives or credits have been applied by the awardee. ALL PROPOSERS SHALL SUBMIT THE BASE MODEL PRICE OF THE

VEHICLE THEY ARE SUBMITTING ONLY.

RETURN THIS BSP WITH YOUR RFQ. DO NOT ALTER THIS BSP – ANY ALTERATIONS MADE WILL

RENDER YOUR BID NON-RESPONSIVE AND INELIGIBLE FOR AWARD

ITEM

ESTIMATED

QUANTITIES

DESCRIPTION - ITEMS WITH UNIT BID PRICES

WRITTEN IN WORDS

UNIT BID PRICES

DOLLARS CENTS

TOTAL AMT. BID

DOLLARS CENTS

Class 3 Electric Vehicle - 10,001 – 14,000 pounds (4,536 – 6,350kg)

As Specified: Yes____, No ____ Or Equal______

MFR Name: ___________________ Model No. ___________

Colors Available:

WRITTEN IN WORDS:

___________________________________________________EA

RFQ No. 453 Page 10 of 25

PART 6 -- CONTRACT AWARD AND LEGAL UNDERSTANDINGS

1. All Proposers must comply with any and all federal, state, and local laws, rules and regulations, and executive orders applicable to the subject matter of this contract, including Equal Employment Opportunities (EEO), Civil Rights, MacBride Fair Employment Principles, the Iran Divestment Act, and the New York State Labor Law.

3 The City of Yonkers reserves the right to cancel this RFQ at any time, if it is deemed to be in its best interest. In no event shall the City of Yonkers have any liability whatsoever for cancellation of any award before execution of a contract. Proposers assume sole risk and responsibility for its expenses before execution of a contract and shall not commence work until receipt of a contract.

4 A Proposer shall not have any rights against the City of Yonkers arising from an invitation to enter negotiations or to submit a Best and Final Offer.

5 By submission of a proposal in response to this RFQ, proposing entity agrees to and understands:

5.6.1 That any proposal, attachments, additional information, etc. submitted pursuant to this RFQ constitute merely a suggestion to negotiate with the City of Yonkers and is not a bid under Section 103 of the New York State General Municipal Law;

5.6.2 Submission of a proposal, attachments, and additional information shall not entitle the proposing entity to enter into a service agreement with the City of Yonkers for the required services

5.6.3 By submitting a proposal, the proposing entity agrees and understands that the City of Yonkers is not obligated to respond to the proposal, nor is it legally bound in any manner whatsoever by submission of same;

5.6.4 That any and all counter-proposals, negotiations or any communications received by a proposing entity, its officers, employees or agents from the the City, its elected officials, officers, employees or agents, shall not be binding against the City, its elected officials, officers, employees or agents unless and until a formal written agreement for services, subject to all oversight approvals, is duly executed by both parties.

6 The City of Yonkers reserves the right, and may at its sole discretion exercise, the following rights and options with respect to this RFQ, except to the extent restricted by applicable law, including, but not limited to, the City of Yonkers’ Procurement Policy, as amended:

6.1 To reject proposals that do not conform in all material respects to the RFQ or meet the minimum evaluation criteria;

6.2 To reject all proposals;

6.3 To issue additional solicitations for proposals and/or amendments to this RFQ;

6.4 To waive any irregularities in proposals received after notification to all proposers;

6.5 To negotiate for amendments or other modifications to proposals;

6.6 To conduct investigations with respect to the qualifications of each proposer;

6.7 To exercise its discretion and apply its judgment with respect to any aspect of this RFQ, the evaluation of proposals, and the negotiations and award of any contract;

6.8 To enter into an agreement for only portions (or not to enter into an agreement for any) of the services contemplated by the proposals with one or more of the proposers;

6.9 To select the proposal that best satisfies the interests of the City and not necessarily on the basis of price or any other single factor in the evaluation criteria.

RFQ No. 453 Page 11 of 25

7 While this is an RFQ and not a bid, the City reserves the right to apply the case law under General Municipal Law § 103 regarding bidder responsibility in determining whether a proposer is a responsible vendor for the purpose of this RFQ process;

8 The City of Yonkers assumes no responsibility or liability of any kind for costs incurred in the preparation or submission of any proposal;

9 The City of Yonkers is not responsible for any internal or external delivery delays which may cause any proposal to arrive beyond the stated deadline.

10 Delinquent proposer(s)/contractor(s) shall not be deemed responsible for purposes of awarding a contract.

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

A. PROPOSALS SUBJECT TO FREEDOM OF INFORMATION LAW

The New York State Freedom of Information Law as set forth in Public Officers Law, Article 6, Sections 84- 90, mandates public access to government records. However, proposals submitted in response to this RFQ may contain technical, financial background or other data, public disclosure of which could cause substantial injury to the proposer's competitive position or constitute a trade secret. Proposers who have a good faith belief that information submitted in their proposals is protected from disclosure under the New York Freedom of Information Law shall and provide justification why such material, upon request, should not be disclosed by the City, and insert the following notice in the front of its proposal:

1) “NOTICE

The data on pages ___ of this proposal identified by an asterisk (*) contains technical or financial information constituting trade secrets or information the disclosure of which would result in substantial injury to the proposer’s competitive position.

The proposer requests that such information be used only for the evaluation of the proposal, but understands that any disclosure will be limited to the extent that the City considers proper under the law. If the City enters into an agreement with this proposer, the City shall have the right to use or disclose such information as provided in the agreement, unless otherwise obligated by law.”

and;

2) clearly identify the pages of the proposals containing such information by typing in bold face on the top of each page "* THE PROPOSER BELIEVES THAT THIS INFORMATION IS PROTECTED

FROM DISCLOSURE UNDER THE STATE FREEDOM OF INFORMATION LAW."

The City assumes no liability for disclosure of information so identified, provided that the City has made a good faith legal determination that the information is not protected from disclosure under applicable law or where disclosure is required to comply with an order or judgment of a court of competent jurisdiction. The contents of the proposal which is accepted by the City, except portions "Protected from Disclosure", may become part of any agreement resulting from this RFQ.

B. INDEMNIFICATION AND INSURANCE

RFQ No. 453 Page 12 of 25

The proposer, by signing the proposal, does hereby agree to indemnify and hold free and harmless the City of Yonkers and the Yonkers Public Schools, its officials, employees, and agents from or on account of any and all suits, actions, or claims for injuries, losses, damages, liabilities, costs, or expenses, of any kind whatsoever, arising from this RFQ. Successful proposers for specific A/E projects will likewise be required to execute a contract containing similar requirements.

The indemnification provided herein shall obligate the proposer to defend at the proposer’s own expense or to provide for any defense (as determined by the City of Yonkers), for any and all claims of liability and all suits, actions, or claims that may be incurred by the City of Yonkers and/or the Yonkers Public Schools, in consequence of actions or inaction’s relating to its proposal or any ensuing contract. By submitting a proposal, the proposer agrees to comply with the foregoing provisions of indemnity.

If awarded a contract by the Yonkers Public Schools, the proposer acknowledges and agrees that it will need to provide insurance naming the City and the District as additional insured as more fully set forth in Schedule “C” which is annexed hereto.

C. INDEPENDENT CONTRACTOR

The successful proposer and its employees will operate as an independent contractor and are not considered to be City employees.

D. ANTIDISCRIMINATION/COMPLIANCE WITH LAW

Neither the successful proposer, nor any person acting on behalf of the successful proposer, shall discriminate against any individual on the basis of race, color, creed, gender, marital status, country of origin, physical disability, genetic predisposition or carrier status in connection with the operation of the agreement or the use of any City facilities. The successful proposer shall, at its sole cost and expense, procure and maintain in full force and effect for the term of the resulting contract, all permits, licenses and approvals from all applicable governmental authorities.

The successful proposer shall comply, at its sole cost, with all applicable federal, state and local laws, rules, regulations and orders including, but not limited to the NYS ED, Labor Law, Workers' Compensation Law, State Unemployment Insurance Law, State and Municipal health and sanitation regulations, Federal Social Security Law and all rules and regulations promulgated by the United States Department of Labor and/or the Industrial Commissioner of the State of New York, the Occupational Health and Safety Administration (OSHA), the Public Health Law, the Westchester County Sanitary Code, and all amendments and additions thereto.

E. NON-COLLUSION

The proposer, by signing the proposal, does hereby warrant and represent that any ensuing agreement has not been solicited, secured or prepared directly or indirectly, in a manner contrary to the laws of the State of New York and the City of Yonkers, and that said laws have not been violated and shall not be violated as they relate to the procurement or the performance of the agreement by any conduct, including the paying or the giving of any fee, commission, compensation, gift, gratuity or consideration of any kind, directly or indirectly, to any City employee, officer or official.

F. CONFLICT OF INTEREST

RFQ No. 453 Page 13 of 25

All firms must disclose with their proposals the name of any officer, director or agent who is also an employee of the City of Yonkers. Further, all firms must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent or more in the firm or any of its subsidiaries or affiliates.

G. MBE/WBE

Pursuant to Article VIII of Chapter 13 of the Yonkers City Code, it is the goal of the City of Yonkers and Yonkers Public Schools to use its best efforts to encourage and promote an increased participation of business enterprises owned and controlled by persons of color or women in contracts and projects funded by all departments of the City. Therefore, the City asks Proposers to complete the questionnaire attached hereto as Schedule “D.”

H. MACBRIDE PRINCIPLES

Pursuant to Article VI of Chapter 13 of the Yonkers City Code, no procuring officer may award or recommend for award any contract not subject to competitive bidding to a proposer that does not execute a certification substantially in the form attached hereto. Therefore, the City asks Proposers to complete the certification attached hereto as Schedule “E.”

I. RELATIONSHIPS TO CITY

Proposers are required to complete the questionnaire entitled “Contractor Disclosure Form” attached hereto as Schedule “F.” In the event that any information provided in the completed questionnaire changes, Proposer agrees to provide a revised “Contractor Disclosure Form” form to the City within ten (10) business days of such event.

J. IRAN DIVESTMENT

As a result of the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, a new provision has been added to State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g, both effective April 12, 2012. By submitting a response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, the Consultant shall complete Schedule “G”, an executed certificate of compliance with the Iran Divestment Act signed by the bidder or one of its officers as required by the General Municipal Law Sec. 103g.

RFQ No. 453 Page 14 of 25

SCHEDULE “D”

Questionnaire Regarding Business Enterprises Owned and Controlled by Persons of Color or Women

As part of the City's desire to encourage the meaningful and significant participation of business enterprises owned and controlled by persons of color or women in City contracts, and in furtherance of Article VIII of Chapter 13 of the City Code, completion of this form is required.

The term persons of color means a United States citizen or permanent resident alien who is and can demonstrate membership of one of the following groups: (a) Black persons having origins in any of the Black African racial groups; (b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin regardless of race; (c) Native American or Alaskan native persons having origins in any of the original peoples of North America; or (d) Asian or Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian sub-continent or the Pacific Islands.

An enterprise owned and controlled by persons of color or women means a business enterprise including a sole proprietorship, limited liability partnership, partnership, limited liability corporation or corporation that is (a) at least 51% owned by one or more persons of color or women; (b) an enterprise in which such ownership by persons of color or women is real, substantial and continuing; (c) an enterprise in which such ownership interest by persons of color or women has and exercises the authority to control and operate, independently, the day-to-day business decisions of the enterprise; and (d) an enterprise authorized to do business in this state which is independently owned and operated.

In addition, a business enterprise owned and controlled by persons of color or women shall be deemed to include any business enterprise certified as an MBE or WBE pursuant to article 15-a of the New York State Executive Law and implementing regulations, 9 NYCRR subtitle N Part 540 et seq., or as a small disadvantaged business concern pursuant to the Small Business Act, 15 U.S.C. 631 et seq., and the relevant provisions of the Code of Federal Regulations as amended.

1. Are you a business enterprise which is owned and controlled by persons of color or women in accordance with the standards listed above?

No

Yes (as a business owned and controlled by persons of color)

Yes (as a business owned and controlled by women)

2. Are you certified with the State of New York as a minority business enterprise ("MBE") or a women business enterprise ("WBE")?

No

Yes (as a MBE)

Yes (as a WBE)

If yes, official documentation of such certification must be attached hereto.

3. If you are a business owned and controlled by persons of color, please specify the minority classifications which apply:

4. If you are certified with the State of New York as an MBE, please specify the minority classifications which apply:

5. Are you certified with the Federal Government as a small disadvantaged business concern?

Yes

No

6. Name of Firm/Business Enterprise:

Address:

Completed By (Print Name/Title):

Signature: __________________________________________________________

RFQ No. 453 Page 15 of 25

SCHEDULE “E”

CERTIFICATION REGARDING BUSINESS DEALINGS WITH NORTHERN IRELAND

A. The Contractor and any individual or legal entity in which the Contractor holds a ten percent (10%) or greater ownership interest and any individual or legal entity that holds a ten percent (10%) or greater ownership interest in the Contractor (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Principles.

B. For purposes of this Certification, “MacBride Principles” shall mean those principles relating to nondiscrimination in employment and freedom of workplace opportunity which require employers doing business in Northern Ireland to:

(1) increase the representation of individuals from underrepresented religious groups in the work force, including managerial, supervisory, administrative, clerical and technical jobs;

(2) take steps to promote adequate security for the protection of employees from underrepresented religious groups both at the workplace and while traveling to and from work;

(3) ban provocative religious or political emblems from the workplace;

(4) publicly advertise all job openings and make special recruitment efforts to attract applicants from underrepresented religious groups;

(5) establish layoff, recall and termination procedures which do not in practice favor a particular religious group;

(6) abolish all job reservations, apprenticeship restrictions and differential employment criteria which discriminate on the basis of religion;

(7) develop training programs that will prepare substantial numbers of current employees from underrepresented religious groups for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade and improve the skills of workers from underrepresented religious groups;

(8) establish procedures to assess, identify and actively recruit employees from underrepresented religious groups with potential for further advancement; and

(9) appoint a senior management staff member to oversee affirmative action efforts and develop a timetable to ensure their full implementation.

C. For purposes of this Certification, “Northern Ireland” shall be understood to be the six counties partitioned from the Irish Province of Ulster, and administered from London and/or from Stormont.

D. The Contractor agrees that the warranties and representation in paragraph “A” are material conditions of this Agreement. If the City receives information that the Contractor is in violation of paragraph “A”, the City shall review such information and give the Contractor opportunity to respond. If the City finds that such a violation has occurred, the City may declare the Contractor in default, and/or terminate this Agreement. In the event of any such termination, the City may procure the supplies, services or work from another source in accordance with applicable law. The Contractor shall pay to the City the difference between the contract price for the uncompleted portion of this Agreement and the cost to the City of completing performance of this Agreement either by itself or by engaging another contractor. If this is a contract other than a construction contract, the Contractor shall be liable for the difference in price if the cost of procurement from another source is greater than what the City would have paid the Contractor plus any reasonable costs the City incurs in any new procurement and if this is a construction contract, the City shall also

RFQ No. 453 Page 16 of 25 have the right to hold the Contractor in partial or total default in accordance with the default provisions of this Agreement. In addition, the Contractor may be declared not to be a responsible bidder or proposer for up to three (3) years, following written notice to the Contractor, giving the Contractor the opportunity for a hearing at which the Contractor may be represented by counsel.

The rights and remedies of the City hereunder shall be in addition to, and not in lieu of, any rights and remedies the City has pursuant to this Agreement or by operation of law or in equity.

Agreed:

(Legal Name of Person, Firm or Corporation)

By:

(Signature of Authorized Representative)

(Title)

Dated:

RFQ No. 453 Page 17 of 25

SCHEDULE “F”

VENDOR BACKGROUND QUESTIONNAIRE

This questionnaire has been developed to collect information from vendors/contractors wishing to do business with the City of Yonkers.

Please complete the questionnaire carefully, answering all questions truthfully and accurately. Answers must be typewritten or printed in black or blue ink. If you need more space to answer a question, type or print the answer on company letterhead and attach it to the questionnaire. ANSWER ALL QUESTIONS - DO NOT LEAVE BLANKS. Failure to submit a complete and accurate questionnaire may result in your bid or proposal being rejected as non-responsive and, therefore, ineligible for award.

GENERAL INFORMATION Initial Application: YES NO Revision: YES NO

1. Submitting Business Name _____________________________

EIN/SSN _____________________________

Dun & Bradstreet # _____________________________ “Doing Business As” Name(s), if any _____________________________ Business Address and date business _____________________________ located at this address _____________________________ Other business addresses, if any (satellite _____________________________ offices, plants, warehouses, branch offices _____________________________ headquarters, etc.) _____________________________ Mailing address, if different from above _____________________________

Telephone Number _____________________________ Fax Number _____________________________ E-Mail _____________________________ Contact Person and Title _____________________________ Company website _____________________________

2. Does this business now, or has it in the past 10 years, used an EIN, SSN, Name, Trade Name or abbreviation other than those given in the above question? YES NO If YES, please provide details and explain:________________________________________________________________

3. Has this business changed addresses in the past five years? YES NO . If YES, please provide all complete former addresses:

4. a. Date business was formed ____________________________________________

b. Date business was incorporated _______________________________________

RFQ No. 453 Page 18 of 25

5. Type of Organization (Please circle one)

a. Business Corporation

State/County in which incorporated _______________________________________ Name of individuals/entities incorporating business _______________________

b. Sole Proprietorship

c. General Partnership/ Limited Partnership

State or County where partnership certificate/agreement is filed ______________

d. Joint Venture

e. Non Profit

f. Not for Profit

g. Other (Explain) _______________________________________________________

6. Type of Business (Please circle one)

a. Manufacturing

b. Distribution

c. Retail

d. Commercial Service

e. Professional Service, Non Construction, Non-Law

f. Bank

g. Construction Manager

h. Architect

i. Engineer

j. General Contractor

k. Consultant (Specify) ___________________________________________________

l. Laboratory Testing and Analysis

m. Law Firm

n. Other (Explain) _______________________________________________________

7. Has this business been certified by a government entity (SBA, NYC, etc.) as a Minority Business, Women-Owned Business, Disadvantaged Business or Small Business Enterprise?

YES , NO . If YES, please explain.________________________________________

a. Do you perform outreach to any of these Enterprises to perform subcontracting work?

YES , NO

b. Will you use one of these Enterprises as a subcontractor on work performed for the City of Yonkers? YES , NO If YES, explain.__________________________________

BUSINESS HISTORY

8. Was this business purchased as an existing business by its present owners? YES , NO .

If YES, please provide date of purchase and name(s) of previous owner(s).

9. Does this business own , rent , or lease its office facilities? (Please check one). If leased or rented, please provide name, address, and telephone number of building owner/ landlord.

RFQ No. 453 Page 19 of 25

10. Does this business share office space, staff, equipment, or expenses with any other business or not-for-profit organization? YES , NO If YES, please provide the name and address of the other entity and nature of relationship to this business.

11. Will this business use or occupy any real property, other than the addresses listed in response to Question 1., to carry out the terms of any contract you may receive from the City of Yonkers? YES , NO . If YES, please provide details and explain.

BUSINESS PRINCIPALS

12. For all proprietors, partners, directors, officers, shareholders of 5% or more of the businesses’ issued stock, any manager or individual who takes part in overall policy making or financial decisions for the business, and any person in a position to control or direct the businesses’ overall operations, please provide name, home address, date of birth, social security number, title, percentage of ownership, and business telephone number.

13. Number of Employees _____________

14. Is this business now or has it been in the last five years a subsidiary of another business?

YES , NO . In this period, has another business been a partner in this business, or has another business been affiliated with this business through common ownership, management or agreement, or has another business owned 5% or more of this business?

YES , NO . If YES, please provide details and explain.

15. Has this business or any other business listed in response to question 14 pledged or hypothecated 5% or more of its stock to another business or to an individual to guarantee payment for a debt or obligation? YES , NO . If YES, please provide details and explain.

16. Is this business or any business listed in response to question 14 now or has it been in the last five years:

a. The owner of 5% or more or in control of another business, an affiliate or a subsidiary?

YES , NO

b. A vendor of or contractor to the City of Yonkers? YES , NO

c. A subcontractor on any contract with the City of Yonkers? YES , NO .

If YES to any above, please provide details and explain. ____________________________

RFQ No. 453 Page 20 of 25

17. Are any of the persons listed in answer to question 12 now or have been in the past, elected or appointed officials or officers or employees of the City of Yonkers? YES , NO . If YES, please provide details and explain. __________________________________________

18. Has this business or any business listed in response to question 14 at present or has it ever been:

a. Debarred by any agency* from entering contracts? YES , NO .

b. Found not responsible by any government agency? YES , NO .

c. Declared in default and/or terminated for cause on any contract, and/or had any contract cancelled for cause? YES , NO .

d. Suspended by any government agency from entering any contract with it?

YES , NO .

e. Party to any action pending that could formally debar or otherwise effect this business' ability to bid or propose on contracts? YES , NO .

f. A respondent before the Grand Jury or any Federal, State or City Board? YES , NO

g. Unable to execute a contract with a government agency because it could not provide the required security or obtain a surety bond? YES , NO .

h. Required to pay liquidated damages on a contract? YES , NO .

i. In default on any obligation to, or subject to any unsatisfied judgment or lien obtained by a government agency, including judgments based on taxes owed? YES , NO .

j. Filed a bankruptcy petition or been subject to any involuntary bankruptcy proceedings? YES , NO .

k. Subject of termination for cause or revocation of permits, licenses, concessions, franchises, or leases? YES , NO .

l. Subject of a criminal investigation** or civil anti-trust investigation by any Federal, State or

Local prosecutorial or investigative agency? YES , NO .

m. Subject of an investigation by any government agency, including regulatory agencies (Security

Exchange Commissions, Federal Communications Commission, Department of Consumer Affairs, etc.) YES , NO .

If you answered YES TO ANY OF THE QUESTIONS IN ITEM 18, please provide details including dates, agency/entity names, and disposition on company letterhead.

* Government agency includes City, State and Federal Public Agencies, quasi-public agencies, authorities and corporations, public development corporations and local development corporations.

** An investigation includes an appearance before a grand jury by a person or representatives of a business entity, any oral or written inquiry, or review of documents by a public agency, temporary commission or other investigative body, or questioning concerning the general operation or a specific project or activities of business entity or the activities of a person.

RFQ No. 453 Page 21 of 25

19. In the last five years, have any of the persons listed in response to question 12:

a. Been the subject of an investigation involving any alleged violation of criminal law?

YES , NO .

b. Been arrested, indicted or named as an unindicted co-conspirator in any indictment or other legal instrument? YES , NO .

c. Been convicted, after trial or by plea, of any felony under State or Federal Law?

YES , NO .

d. Been convicted of any misdemeanor involving business-related crimes?

YES , NO .

e. Entered a plea of nolo contendere in a legal proceeding? YES , NO .

f. Entered a consent decree? YES , NO .

g. Been granted immunity from prosecution for any business-related conduct constituting a crime under

State or Federal Law? YES , NO .

If you answered YES TO ANY OF THE QUESTIONS IN ITEM 19, please provide details

20. Has any person listed in response to question 12 been employed by or affiliated with any person or business that has:

a. Been the subject of an investigation involving any alleged violation of criminal law?

YES , NO .

b. Been arrested, indicted or named as an unindicted co-conspirator in any indictment or other legal instrument

YES , NO .

c. Been convicted, after trial or by plea, of any felony under State or Federal Law?

YES , NO .

d. Been convicted of any misdemeanor involving business–related crimes? YES , NO

e. Entered a plea of nolo contendere in a legal proceeding? YES , NO .

f. Entered a consent decree? YES , NO .

g. Been granted immunity from prosecution for any business – related conduct constituting a crime under State or Federal Law? YES , NO .

If you answered YES TO ANY OF THE QUESTIONS IN ITEM 20, please provide details

21. Has this or any business listed in response to question 14 or any person listed in response to question 12 failed to pay any applicable Federal, State or Local government taxes for the past five years? YES , NO . If YES, explain _________________________________

22. In the past five years, has this or any business listed in response to question 14 or any person listed in response to question 12 committed any act of collusion, bid rigging or price fixing in submitting a competitive bid? YES

, NO .

If YES, explain _____________________________________________________________

RFQ No. 453 Page 22 of 25

23. Licensing: List jurisdiction and trade categories in which your organization is legally qualified to do business (if applicable), and attach legible copies of registrations and/or licenses.

Jurisdiction Trade Category

24. Pursuant to Executive Order No 6-2013, “delinquent Contractors shall not be deemed responsible bidders for purposes of awarding 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.” Is the Contractor currently delinquent in its financial obligations to the City or its affiliated agencies, boards or commissioners? YES , NO .

If YES, explain _____________________________________________________________

25. Does the Contractor or Controlling Person(s) own any property within the City of Yonkers?

YES NO

If “Yes,” please list the address of each property.

RFQ No. 453 Page 23 of 25

CERTIFICATION

A materially false statement willfully or fraudulently made in connection with this questionnaire is sufficient cause for rendering the business entity not responsible with respect to the present bid or proposal and future bids or proposals, and in addition, may subject the person and/or entity making the false statement to criminal charges, including but not limited to New York State Penal Law sections 175.35 (Offering a false statement for filing) and

210.40 (Sworn false statement) and/or Title 18 U.S.C. sections 1001 (False or fraudulent statement) and 1341 (Mail fraud).

I, ______________________________________________, being duly sworn, state that I am the

Print or Type Name of Bidder/Proposer Authorized Representative

_______________________________________ of _______________________________, and Print or Type Title of Bidder/Proposer Authorized Representative Print or Type Name of Entity Submitting Bid/Proposal

I have read and understand the questions contained in the attached questionnaire and its appendices. I certify that to the best of my knowledge the information given in response to each question and appendices is full, complete, and truthful.

I will notify the City of Yonkers in writing of any change in circumstances occurring after the submission of this questionnaire and before the execution of any contract with the City.

I acknowledge that the City of Yonkers may, by means it deems appropriate, determine the accuracy and truth of the statements made in this questionnaire.

I recognize that all information submitted is for the express purpose of inducing the City to enter a contract with the submitting business entity.

I authorize the City to contact any entity or person named in this questionnaire, for purposes of verifying the information submitted.

Signature of Bidder/Proposer Authorized Representative

STATE OF______________)

) ss:

COUNTY OF____________)

On the ______day of ____________________, in the year ________, before me personally came _______________________________________, to me known and known to me to be the person Print or Type Name of Bidder/Proposer Authorized Representative described in and who executed the foregoing instrument, and he/she duly acknowledged that he/she executed the same.

Notary Public Place Notary Public Stamp Here:

RFQ No. 453 Page 24 of 25

SCHEDULE “G”

CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

As a result of the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, a new provision has been added to State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g, both effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law) (the “Prohibited Entities List”). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date at which time it will be posted on the OGS website.

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each Bidder/Contractor, any person signing on behalf of any Bidder/Contractor and any assignee or subcontractor and, in the case of a joint bid, each party thereto, certifies, under penalty of perjury, that once the Prohibited Entities List is posted on the OGS website, that to the best of its knowledge and belief, that each Bidder/Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL § 165-a(3)(b).

Additionally, Bidder/Contractor is advised that once the Prohibited Entities List is posted on the OGS Website, any Bidder/Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time the…