construction contract volume 1 renovation project labor agreement front cover

756 Pages·2016·10.82 MB·English

CONTRACT NO
The City of New York
Department of Sanitation
CONSTRUCTION CONTRACT
VOLUME 1
RENOVATION PROJECT LABOR AGREEMENT
FRONT COVER
THE CONTENTS LIST IS ON THE
FIRST PAGE OF VOLUME 1
CONTRACT FOR
Queens Central Repair. Shop Floor Slab Rehabilitation
AT 52-35 58th Street, Woodside, Queens, NY 11377
PIN #: 82716RR00026
EPIN# 82717E0002
CAPITAL PROJECT ftS136-251F
PIN #: 82716RR00026
EPIN# 82717B0002
VOLUME 1 OF 1
WITH SEPARATE BID BOOKLET
(as of 1-15-15)
ie
/
NEW YORK CITY DEPARTMENT OF SANITATION CONSTRUCTION CONTRACT
VOLUME 1 --MASTER DOCUMENT LIST FOR PROJECT LABOR AGREEMENT (PLA) CONTRACTS
[MAKE THIS THE FIRST DOCUMENT IN THE VOLUME 1 CONSTRUCTION CONTRACT BOOKLET]
VOLUME 1 - FOR PLA Construction Contracts Only
All Construction Bid Solicitations will have a separate Bid Booklet with the forms that must be
included in the bid, as well as forms that the apparent successful bidder must submit. Standard
contract information will be in Volume 1. For smaller contracts, the specifications may be included
in Volume 1. For larger contracts, the specifications may be kept in additional Volumes, numbered
sequentially (Volume 2, Volume 3, etc.).
1. THIS MASTER CONTENTS LIST FOR VOLUME 1 of PLA Construction Contracts ONLY.
2. Notices to Bidders.
Be sure to read these NOTICES, because they may affect your bid.
NOTICES
NOTICE: Participation by Minority-Owned and Women-Owned Business Enterprises in City
Procurement -- (MBE) Explanation of the MBE Schedule B
NOTICE: Iran Divestment Act Compliance Rider for New York City Contractors
NOTICE: New City Standard Construction Contract —• December 2013 Changes Identified
NOTICE: PLA CONTRACTS ONLY This Contract is Subject to a New Project Labor Agreement
Executed In 2015
NOTICE: PLA CONTRACTS ONLY This Contract is Not Subject to the Wicks Law Requirements
for Separate Prime Contractors
NOTICE: PLA CONTRACTS ONLY Identifying Subcontractors When the Contract is Subject to a
Project Labor Agreement (Plumbers, Electricians, and HVAC)
NOTICE: Paid Sick Leave Law Notice and Rider
NOTICE: Hiring and Employment Rider — HireNYC and Reporting Requirements
NOTICE Apprenticeship Program (If the Contractor's Contract is over $2,000,000; or a
Subcontractor's Contract is valued at $2,000,000, along with certain other conditions,
this notice may apply.)
3. Attachment 1. This document contains information specific to bidding on this Contract.
4. Schedule A for DSNY: Contract-Specific Information and Insurance Requirements. This is
the standard Schedule A included with Construction Contracts, and is part of this invitation for bids.
If this is a PLA Agreement, it is not the same as "PLA Schedule A," which is a part of the PLA
Agreement.
11-2-15 Page 1 Volume 1, Contents List
First Document in
PLA Construction Contract Volume 1.
PLA VOL 1-1

NEW YORK CITY DEPARTMENT OF SANITATION CONSTRUCTION CONTRACT
VOLUME 1 --MASTER DOCUMENT LIST FOR PROJECT LABOR AGREEMENT (PLA) CONTRACTS
[MAKE THIS THE FIRST DOCUMENT IN THE VOLUME 1 CONSTRUCTION CONTRACT BOOKLET]
5. Schedule B — MNVBE: Description of the MANSE Subcontractor Utilization Plan. The complete
MNVBE Schedule B (the part the Bidder fills out) is located in the Bid Booklet Section A, not in
Volume 1. It is noted here to account for all Schedules.
6. Schedule C: Contract Drawings, or a List of Contract Drawings.
7. Tables of Contents ONLY Section. For the convenience of the reader of this Contract, the
Tables of Contents for the Information for Bidders, the Construction Contract, the General
Conditions, and Certain Specifications are located together here, in one place. Each Table of
Contents is also located with the document to which it belongs.
8. Standard Information for Bidders on Construction Contracts.
9. New York City Standard Construction Contract — December 2013.
10. Genera Conditions, Short Form.
11. Prevailing Wage Abbreviated Schedules under Labor Law Sections 220 and 231.
12. PLA-CONTRACTS ONLY -- Project Labor Agreement 2015-2018. The Project Labor Agreement
includes a unique PLA Schedule A. This is separate and different from the DSNY Standard
Schedule A that is part of the Volume 1 Document List (See Item 4, above). The similarity of
names occurred because these two documents were developed by entirely different City Agencies
at very different times.
13. Specifications. The specifications will consist of some or all of the following:
a) Detailed General Specifications - Specific Provisions;
b) Detailed Specifications - Measurement for Payment (if any);
c) Detailed Technical Specifications — Technical Specification (if any);
d) Quality Assurance/Quality Control Plan (QA/QC Plan) (if any); and
e) Permits (if any).
Any other specifications required under the Contract.
If the number of Specifications is small, they may be included with Volume 1. A large number of
Specifications may be put together as Volume 2, Volume 3, Volume 4, etc., as appropriate and
necessary.
11-2-15 Page 2 Volume 1, Contents List
First Document in
PLA Construction Contract Volume 1. PLA VOL 1-1

06t2013
WWRE
NOTICE TO ALL PROSPECTIVE CONTRACTORS
' ; fil.1.* it. .0_ (cid:9) vilL ; PIA(cid:9) :aka" ;(cid:9) ihn V t kir kA.A:
Ns praxtexaszsm aryntocuREmENT
Atnas I • MIWBE Pg0ORAM
Local Law No. 129 Of 2005 added and Local law 1 of 200 amended Section 6-129 of
the Administrative Code of the City Of New York Chtieirtifter 'Sect* 64291. &aim 6-129
establishes theta:1MM kr Ninttio*Bw#01.)1 in City Inocultemtni (IglAVBS FOgraml by Smithy-
owned business entertniSes and vAithiii.owned business enterprises. (“Willis")„
certified in aotorchmot with Section 1304 eche Mn York City charter. As stated In SOS 6-
129, the Intent of she program to to addnut the impact of tfiriattuistatitat .ch the City's
proomentent proems, rind to promote the *Mit interest In atolding Send and finvaitiam hi the
procurement prOcets, increasing competition for City busiliete. and 10Wcrin5 eccibart costa The
contract provisions contained Stein are pursuant to &radon 6-129, and the epics of the
rpm,
Depadment of &nail Business Services monmigated intender,
If this Contain is subject to the 1W/WEE Program oared by SectiOu 6-129, the
spetille revilrentelatt of NOM andkr WBE:paitidpation Sr this °Mtn& ant forth in
&hydrate 11 of the Contract (entitled' the .112/WHE Ihiltatioa Plet), Sind in thinned
below.
The Contractor most eoMply with all opplicible a and WRE requirements for
thk Contest. •
All provirdons of Section 6-129 are hereby inomportdedht the amteret by reference and
all tenni used herein- that ere not defined hereb then have the meanings given such terns in
Section 6-129.
Article 4 Pat A, below, is teeth provisions related to the perticipetien goals for
construction, standard and profiresioutd services contracts.
Article 4 Pan B, below, sets forth mists:Pimp:0as provisions ratted to the l4/WB13
Program.
PR '
A
rA4TICIP4TION GOALS FOR coivErnmenori. STAN:DARR
.A.WD PROFESSIONAL BERMES cobrnmers OR TASK ORDRES
I.(cid:9) The MBE and/or ME Participation Goals establiehed for this Contract or Task
aden issued pursuant to this Contratit, ftsrlielpatien Gostn, as applicable, are set fonft on
Schedule B, Prat Ito this Contra* (see Page 1, line 1 Waal Participation Goals) or will be set
forth on Schedule B. Patti to Task Orders issued poignant to this Contract, as applicable.
06/2013
The Pardeipatior qua represent a percentage of the 'total dollar value of the Contact or Task
Order, as applicable, that may be achieved by'avardiu subcontracts to firms certified with New
Yorlc City Department of Smell Business Services in MBEs and/or Wags, ind/or by crediting
the participation of prime contractors atuVor qualified jant ientni as provided k Section 3
below, WSW the goals have been waived Or modified by Agency in accordance with Section 6-
129 and Pat A, geode/xis 10 and I 1 bolo% ltsPistirelY•
2. If Parficipation Goals heve heron established for this Contact or Task Orders issued
pursuant to this Codas; Contractor agrees or shall agree as a material tam of the Contract St
Contractor shall be subject to the Partisdpition Goals, unless the goals are waived or modified
by Agency in accordance with Section 6-129 end Part A, Sections 10 and 11 below. tespectively.
3. If Pardelpadon ,toals have been establkhed for this Comma or Teak eider issued
permit to this andotek a Contractor liutt is rm 2013 and/or WBE shall be permittedto count Its
own participation toward amid of the relevant Participation Goal; provided that in
tricoMance vrith Section 6-129 the Value of Contractor's participation shall be determined by
subtracting from the total value Of the Contract or Task Order, as applicable, any amounts that
the Contractor pays to direct subcontmetors (as defined in Section 6-129(e)(13)), End provided
further that a Contractor that Is cortifieclas both an MBE sad. WBE :nay count its own
particfpafion either tovmrd the goal for MBEs or the goal for WEOls, but notboth.
A Contiaotor dist is a quelifiod jOtht vents! (es defined in Section 64120(c)(30)) shall be
permitted to count A percentage of he own participation toward Adfiliment of the relevant
Participation Goal In accordance with Seed= 6429, the value of Contractor's participation
shall be dote/mined by subtotaing from the total value of the Contract or Task Order, as
applied* any amounts that Contractor pays to dints* subcontractors, and then inuitipteing the
reinainder by the pareentage to be applied to tots/ profit to detonate the amount to vihich an
MBE or W313 Is entitled pursuant to the jcdrit tartans agreanent, provided that what a
patficiparit in a Joint vat is etudfied as both an MBE and a WEE, such amount shall be
COu nted either towardthe goal for MBEs or the god fths WBF.s. but not both.
4. A. If Participation Goals have been established for this Coost a prospective
contractor gall be reclaimd to submit with Its bid or ProPosal, as applicable, a completed
Schedule B, M/V/BE Ilillthation Plait, Part 11 (see. Pages 24) indicating; (a) whether the
contactor b at MBE ot WBE. or Qualified joint vadtra (b) the percentsge of wank it intends to
award to direct subcontractors; and (c) in vases to the contactor Sends to award direct
subcontracts, a description Of the type and dollar tails of work designated fin participation by
MBEs and/or M3Es, Ind the US frames in Which art* work is scheduled to. hail and eat In
the event that this MAVBE Utilization Plan indicates that the bidder or proposer, as applicabk,
does not Sand to meet the partiapedon Goals. the bid or proposal, as "plied:de, shall be
deemed nonmsponsive, mikes Agency bas spatted the bidder or proposer, as *portable, apse-
award waiver of the PariltdPatImi Gosh In .mmardaece with Section 6-129 and Pat A. Sedan
10 below.
B. (I) If this Contract is fora master services agreement or other requimments type
contract that will result in the Swum of Task Orders that will be individually inIsteral
("Master Services Agreement" and is subject to MAME Participallost Goaht, a prospeodve
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06/2013
contractor shall be required . to submit *eh its bid or proposal, as applicable, a completed
gals** B, WWBB Partieipatiem Requirements for Master Services Acton:* That Will
Require Individually Registered 7lesk Orders, Part II (page 2) indicadng the prospecdve
contractor's cedification and remitred affirmations to make all reasonable -111th efforts to
rota participation go* established On each individual 'Bask Order issued pursued to this
Coact, or if a partiel waiver is obtMned or sash goals are modified by the Agency, to meet the
modified Parlielpation Goals by solicittng and obtaining the puticIpation of certified MBE
and/or WBE firms. In the event that the Schedule 13 indicates that the bidder or proposer, as
applicable, does not intend to meet the Participation Coils that may be established on Teak
• Orders issued parson to this Contract, the bid or proposal, as applicable, shall be deemed non-
responsive.
(11) Participant Gat on it Master Services Agreement will be established for
individuel Task Orders issued alter the Master Services Agreement awarded. Lehrtlelsabes
Gosh have been established on a Task Ceda, a contractor shall be required to submit a Schedule
B — M/WBB Utillzatirm Plea For Independently Regina:red Task Orders That Are Issued
Panamint to Mader Services. Agreements, Part LI (sos Pages 2-4) incliesting: (a) whether the
contractor is an MBE or WBE, or qualifiedJoint veamre; (n) the Percent** of work it Wends to
award to direct suboceanic:tong ant (c) in cases where the toistramor Intends tO award direct
subconnacts, a dneriptiOn of the we and dollar Vain of work designated for participation by
MBEs etnItor WITIEs, end the dm* frames in which such work irs scheduled to begin and end.
The contractor most engage in good faith efforts to meet the PardelpatIon Goals as established
for the Task Order unless Agency has granted the entrant a pie-award waiver of the
Participafion Goals in accordance:with Swaim 6429 and Part S. Section 20 below.
C(cid:9) THE laopm/PIROPOSER war coranza Ms somas B wan= HEREIN
(5cancova Par T/g/. A ECM= $ MIAMI= BY lire Bfinastesorous TAKE DOES
NOT DKILUDE THE ;tam CERTINCATION AND MAD= AnDUWATION$ (ia SzaloN V or
PART LI) MIL RE ormate TO BE NON-EISNIIGIVE, MUM A FULL Wan. op ME
Parrarmton Oats as csmiria (Somas ft, PART III). In rAt EVENT THAT tHE CM'
DATERMINIE THAT THE EIDDEDIfitONEIER RAD SUIMMTED A SCHEDULE la WHERE ra
mann essuricaloB AND HEQUMOSEINRAIATING Akt anyuntra BUT cnnsitatescrs
OP THE satstima BABB NOT COMPLETE, OR CONTAIN A COPY OR COMPUTATION ERROR THAT
IS AT muss Wrrit INC VENDOR COMFICATION AND ANYIIIMATTCHIS,(cid:9) ARDDIE/PilDTOSER
WILL BE mins= BY na AGENCY mit Mu BE ear Paul (4) mama nu mom
Mtn OF NOTITICATION TO CURE THE 571:011110 DERICIVIa AND RETURN A COMPLETED
SCRIM= $ TO THE AGENCY. Wait TO DO 80 VIM, RESULT IN A DETZRAIDIATION TEAT
IS SmInw0SAL ZS Nonstronstys. Mawr OFtaltutcATAEIN It Damp As THE BM
manes xi *Baum oakum (nr THE winunfracirosse HIS nom= MIS-MAIL Ammo
OR FAX nthionnt), OR NO 1St THAN flys (5) a DAYS PROM IHE DATE Or AMMO
OR WON nanny, IF ZgairVERED.
5.(cid:9) Whore an MAYBE Litflierelon Plan his be. abating& the Connector shalt withel 30
days of issuance by Agency of ant to pneeed, submit a list of proposed persons or entities
to which it Munch to award subeentmots within the subsequent 12 months. In the ease ofnmiti-
yearcontracts, such list shalt also be submitted evay year thereafter. The AWL? may also
requite the Contractor to report periodically about the contracts avvauded by its direct
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06/2013
subcontractors to indirect subcontractors (as defined in Section 6429(c)(22)). PLEASE NOTE:
If this Contract is a public works project abject to GAIL §101(5) (s.e., a contend valued at
or below $3M tor projects in New York City) or if the Contract is subject to a project Mar
agreement in accordance with Labor law §222, and the bidder is required to Identify at
the Una of bid subritiodon its intended subcontractors for the Wicks trades (plumbing and
gm fitting; steam beating, hot water heating, ventilating and air amain:dog (FIVAC); and
electric wiring), the Contractor mart identify all those to which it intend; to award
constrnation subcontracts for any pardon of the Wicks trade Work at the time of bid
submission, rowdiest; of what point in the life °title contract such sabcontntets will wear.
hi identifying Intended subiontractors in the hid submistion, bidden may satisfy any
Partidpabon Goals established for this Contract by proposing one or men subcontractors
that are KBEs and/or W/3,Es for any portion of the Wicks trade work. In the event that the
Contractor's selection oft Subcontractor is disapproved, the Contractor shall have a reasonable
time to propose alternate subtotal:mars.
6.(cid:9) MBE and W/3E firms must be tatified by DSBS in order for the Contractor to aedit
such firms' participation toward the attainment of the Pa.rdapation Goals. Such codification
must occur prior to the firms' commencement of work. A list of MBE and WBE finns may be
obtained from the DSBS website at wwvi.nye.novIbuyeertified, by walling DSBS at
buyengsbsoye.gov. by calling (212) 5134356, or by visiting or writing DSBS at 1 10 William
St., New Yodt, New York, 1003% 0 floor. Eligible firms that have not yet been certified may
contact DSBS in order to seek certification by visiting www.nyc.gotigetcatified, =ruling
MWBE(S)tibs.nyc.gov, or ca/ling the DSBS cettificakm bedpans at (212) 5134311. A firm that
is minified as both an MBE and a WBE may be counted either toward the goal tbr MBEs or the
goal fir WBEs, but not both. No credit stud! be given Sr participation by a graduate MBE or
graduate WBE, as defined in Section 6-129(c)(20).
7.(cid:9) Where WI M/WBE Utilization Plan has been submitted, the Contractor shall, with each
voucher for payment and/or pariodically as Agency may require, submit statethents, certified
under penalty of pedury, which shall include, but not be limited to,: the total amount the
Contractor paid to its direct subconttactors, imel, where applicable pursuant to Section 6-129(j),
the total amount direct subcontractors paid to Wired subcontractors; the names, addresses attd
contact numbers of each MBE or W13E hired as a subcontractor by the Contractor, and, where
applicable, hired by any of the Contractor's direct subcontractors; and the dates arid Entomb
paid to each MBE or WBE. The Contractor shall also submit along with its voucher for final
payment the total amount it paid to subcontractors, ar4 where appllcable pmsgant to Section 6-
1290, the total amount its direct subcontractors paid directly to their indirect sulunmeaul(cid:9) e, and
a final list certified under penalty of pediny, which shall include the name, address and cents
information of each subcontractor that is an MBE or VSE, the work performed by, and the dates
and amounts paid to each.
I.(cid:9) If payments made to, or work performed by, MBEs or Ms are less than the amoimt
specified in the Contractor's 14/WEE Utilization Plan, Agency shall take appropriate action, hi
accordance with Section 6-129 and Article II below, unless the Contractor luis obtained a
modification of its AINVBE Uhlizat"io ti Plan in accoulance with Seotion 6-129 mid hut A,
Section 11 below.
4