No submission will be accepted unless it is accompanied by a bid bond or a certified check (the "submission
deposit") IF REQUIRED. See the "Specific Terms, Conditions and Specifications" section of this document.
If a certified check is submitted, said certified check shall be duly certified by an incorporated bank or trust
company. The amount thereof shall become the property of the City as liquidated damages if the vendor whose
submission is accepted shall fail to enter into a contract/agreement with the City or shall fail to give the security
for the performance of the contract/agreement as required upon notice to it as set forth herein.
The aforementioned submission deposit from each vendor except the successful vendor(s) shall be returned within
sixty (60) calendar days of the opening of the submissions. The remaining submission deposit(s) shall be returned
after the City has awarded the contract/agreement. No interpretation of the meaning of the specifications or other documents will be made to any vendor orally.
Every request for such interpretation should be in writing, addressed to the City of Niagara Falls, New York
Purchasing Division, 745 Main Street, Room 214, Niagara Falls, New York 14301, and to be given any
consideration, must be received seven (7) days prior to the date fixed for the opening on submissions. Any and all
such interpretations and supplemental instructions will be in the form of written addenda to the specifications,
which, if issued, will be mailed by certified mail, return receipt requested, to all prospective vendors (at the
respective addresses furnished for such proposals), not later than three (3) days prior to the date fixed for the
opening of submissions. Failure of any vendor to receive addendum or interpretation shall not relieve such vendor
from any obligation under his submission as submitted. All addenda so issued shall become part of the
specifications for this offering. No verbal statement made by a City employee, or anyone else, is binding, nor
shall such statement(s) be considered a part of this offering. Provision of any required performance bond is the responsibility of the vendor. The successful vendor shall,
within ten (10) business days after the date of notification of award, furnish the City with a performance bond in a
sum equal to the amount set forth herein. In the event a vendor fails to furnish the performance bond within the
specified time period, then the submission deposit of the vendor shall be retained by the City as liquidated
damages and not as a penalty. IT IS BEING NOW AGREED that said sum is a fair estimate of the amount of
damages that the City will sustain due to the vendor's failure to furnish said bond. See the "Special Conditions"
section of this document. Certain labor tasks/services require the payment of prevailing wage in accordance with state law. If this offering
includes such labor tasks/services, the requirements of same shall be set forth in the section entitled
"PREVAILING RATE SCHEDULE" herein. Certified payroll reports will be required before payments are made.
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