SPECIFICATION

VOLUME 1

GENERAL CONDITIONS

BID DOCUMENTS

FOR FURNISHING ALL LABOR AND MATERIALS NECESSARY AND REQUIRED FOR:

ELEVATOR MODERNIZATION

AT 198 EAST 161 STREET

198 E161 STREET, BRONX, NEW YORK 10451

PROJECT ID #PW77198EV

NOTICE

REVISIONS TO THESE GENERAL CONDITIONS, IF ANY, SHALL BE BY

DELETION AND/OR OMISSION OF THE ARTICLES OR PARAGRAPHS

WHICH ARE NOT APPROPRIATE TO THIS PROJECT.

IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT:

ATTN.: JUSTINE WOO

DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES

AGENCY PROCUREMENT

MUNICIPAL BUILDING

1 CENTRE STREET, 18th FLOOR

NEW YORK, NEW YORK 10007

TELEPHONE: (212) 386 - 0431

EMAIL: JUWOO@dcas.nyc.gov

PROJECT: ELEVATOR MODERNIZATION AT 198 E161ST STREET

LOCATION: 198 E161st Street, Bronx New York, 10451 mailto:JUWOO@dcas.nyc.gov

VOLUME 1

TABLE OF CONTENTS

LIST OF DRAWINGS

GENERAL CONDITIONS

Article 1 General Provisions Article 2 Provisions Referenced with Information for Bidder and Agreement Article 3 Progress Schedule and Contract Drawings Article 4 Shop Drawings, Proposals, Coordinated/Integrated Drawings, and Records/As-Built

Drawings Article 5 Approval of Materials Article 6 Delivery of Materials Article 7 Temporary Structures/Storage Article 7 Contractor’s Superintendent Article 8 Surveys Article 9 Contractor’s Superintendent Article 10 Permits Article 11 Transportation Article 12 Sleeves and Hangers Article 13 Cutting and Patching Article 14 INTENTIONALLY OMITTED Article 15 Scaffolding and Ladders Article 16 Hoists and Hoistways Article 17 Certificates of Approval Article 18 Acceptance Tests Article 19 Progress Photographs Article 20 Job Meetings and Field Office Article 21 Guarantees Article 22 Removal of Rubbish and Surplus Materials Article 23 INTENTIONALLY OMITTED Article 24 Cleaning Article 25 Inspections by Other City Agencies Article 26 INTENTIONALLY OMITTED Article 27 Contractor’s Daily Reports Article 28 Alternate or Substitute Equipment Article 29 Sleeve and Penetration Drawings Article 30 INTENTIONALLY OMITTED

Article 31 Furniture and Equipment Article 32 Overtime Work (ordered by Commissioner) Article 33 Compliance with OSHA and Other Safety Regulations Article 34 Temporary Services Article 35 INTENTIONALLY OMITTED Article 36 Temporary Use, Operations and Maintenance of Elevators During Construction in

Existing Buildings Article 37 General Mechanical Requirements Article 38 General Electrical Requirements Article 39 Excavation and Backfilling INTENTIONALLY OMITTED Article 40 Protection Article 41 INTENTIONALLY OMITTED Article 42 Interruption/Interference with Building Services, Operations and/or Facilities Article 43 INTENTIONALLY OMITTED Article 44 Special Inspections and Progress Inspections Article 45 INTENTIONALLY OMITTED Article 46 Approval of Requisitions Article 47 Shop Drawings and Material Samples Schedule Article 48 INTENTIONALLY OMITTED

Schedule A

VOLUME 2

TABLE OF CONTENTS

02 EXISTING CONDITIONS

02 80 13 Allowance for Incidental Asbestos Abatement 02 81 13 Allowance for Incidental Lead Abatement for Electrical, Heating, Ventilating and Air

Conditioning, Plumbing and General Construction Work 02 41 19 Selective Demolition And Removal

04 MASONRY

04 22 00 Unit Masonry

05 METAL

05 50 00 Metal Fabrications 05 52 13 Pipe and Tube Railings

07 THERMAL AND MOISTURE PROTECTION

07 81 00 Applied Fireproofing 07 81 23 Intumescent Fireproofing 07 84 13 Penetration Firestopping

07 92 00 Joint Sealants

08 OPENINGS

08 11 13 Hollow Metal Doors and Frames 08 84 00 Plastic Glazing

09 FINISHES

09 24 00 Cement Plastering 09 65 19 Resilient Tile Flooring 09 91 13 Exterior Painting 09 91 23 Interior Painting

14 CONVEYING EQUIPMENT

14 21 23 Modernization of Electric Traction Passenger Elevators

22 PLUMBING

22 05 23.12 Ball Valves for Plumbing Piping 22 05 23.14 Check Valves for Plumbing Piping 22 05 29 Hangers and supports for Plumbing Piping and Equipment 22 13 16 Sanitary Waste and Vent Piping 22 14 29 Sump Pump

23 HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)

23 05 13 Common Motor Requirements for HVAC Equipment 23 05 17 Sleeves and Sleeve Seals for HVAC Piping 23 05 18 Escutcheons for HVAC Piping 23 05 29 Hangers and Supports for HVAC Piping and Equipment 23 05 48.1 Vibration Controls for HVAC 23 05 53 Identification for HVAC Piping and Equipment 23 07 00 HVAC Insulation 23 21 13 Hydronic Piping 23 23 00 Refrigerant Piping 23 31 13 Metal Ducts 23 33 00 Air Duct Accessories 23 81 26 Split-system Air-conditioners

26 ELECTRICAL

26 05 00 Common Work Results for Electrical 26 05 11 Requirements for Electrical Installations 26 05 19 Low-Voltage Electrical Power Conductors and Cables 26 05 26 Grounding and Bonding for Electrical Systems 26 05 29 Hangers and Supports for Electrical Systems

26 05 33 Raceways and Boxes for Electrical Systems 26 05 44 Sleeves and Sleeve Seals for Electrical Raceways and Cabling 26 05 53 Identification for Electrical Systems 26 22 00 Low-Voltage Transformers 26 24 16 Panelboards 26 27 26 Wiring Devices 26 28 13 Fuses 26 28 16 Enclosed Switches and Circuit Breakers 26 32 13 Radiator Mounted Regenerative Load Bank 26 51 19 LED Interior Lighting 26 80 00 Elevator Electrical Requirements

28 FIRE ALARM

281000 Emergency Security Communication Systems

283111 Fire Alarm

LIST OF DRAWINGS

T-000.00 COVER SHEET

T-001.00 ZONING & FEMA MAPS, SPECIAL INSPECTIONS & BUILDING DEPARTMENT

NOTES & LIST OF DRAWINGS

T-002.00 GENERAL NOTES, ABBREVIATIONS, SYMBOLS & LEGENDS

T-003.00 ADA DETAILS AND NOTES

PH-100.00 ENLARGED ELEVATOR CAB PHASING PLAN

PH-101.00 ENLARGED ELEVATOR MACHINE ROOM PHASING PLAN

DM-101.00 SUB-CELLAR TO ELEVATOR MACHINE ROOM – DEMOLITION PLANS

DM-102.00 ENLARGED TYPICAL ELEVATOR CAB – DEMOLITION PLAN

DM-103.00 ENLARGED ELEVATOR MACHINE ROOM – DEMOLITION PLAN

A-101.00 SUB-CELLAR TO ELEVATOR MACHINE ROOM – CONSTRUCTION PLANS

A-102.00 ENLARGED TYPICAL ELEVATOR CAB – CONSTRUCTION PLAN

A-103.00 ENLARGED TYPICAL ELEVATOR CAB – FINISH PLAN AND FINISH

SCHEDULE

A-104.00 ENLARGED TYPICAL ELEVATOR CAB – REFLECTED CEILING PLAN

A-105.00 ENLARGED ELEVATOR MACHINE ROOM – CONSTRUCTION PLAN

A-107.00 ENLARGED ELEVATOR MACHINE ROOM – REFLECTED CEILING PLAN

A-201.00 ELEVATOR SHAFTS - SECTION

A-202.00 ELEVATOR SHAFTS – SECTION 2

A-301.00 ELEVATOR LOBBY – INTERIOR ELEVATIONS AND DETAILS

A-302.00 ELEVATOR CAB - INTERIOR ELEVATIONS AND DETAILS

A-303.00 DETAILS

M-001.00 MECHANICAL NOTES, SYMBOLS, ABBREVIATION & DRAWING LIST

EN-001.00 MECHANICAL ENERGY COMPLIANCE SHEET 1

EN-002.00 MECHANICAL ENERGY COMPLIANCE SHEET 2

M-101.00 MECHANICAL BULKHEAD DEMOLITION & CONSTRUCTION PLANS

M-802.00 MECHANICAL DETAILS AND SCHEDULES

P-001.00 PLUMBING NOTES, SYMBOLS, LEGENDS & DRAWING LIST

P-101.00 PLUMBING CELLAR DEMOLITION & CONSTRUCTION PLAN

P-801.00 PLUMBING RISER DETAILS & SCHEDULES

E-001.00 ELECTRICAL NOTES, SYMBOLS, LEGENDS & DRAWING LIST

E-101.00 ELECTRICAL SUB CELLAR (PIT) POWER & LIGHTING DEMOLITION PLANS

E-102.00 ELECTRICAL BULKHEAD POWER & LIGHTING DEMOLITION PLANS

E-201.00 ELECTRICAL SUB CELLAR (PIT) POWER & LIGHTING CONSTRUCTION

PLANS

E-202.00 ELECTRICAL BULKHEAD EQUIPMENT POWER PLANS

E-203.00 ELECTRICAL BULKHEAD EQUIPMENT POWER PLANS

E-601.00 ELECTRICAL SCHEDULES & DETAILS

FA-001.00 FIRE ALARM NOTES, SYMBOLS, LEGENDS & DRAWING LIST

FA-201.00 FIRE ALARM BULKHEAD PLAN

VT.01.00 ELEVATOR 4-8 PLANS

VT.02.00 ELEVATOR 4-8 SECTIONS

SEC-100 ELEVATOR EMERGENCY COMMUNICATIONS SYSTEM RISER

SEC-101 ELEVATOR EMERGENCY COMMUNICATIONS SYSTEM DETAILS

END OF LIST OF DRAWINGS

General Conditions - Elevator Modernization at 198 E161st Street, Bronx, NY 10451

ARTICLE 1 - GENERAL PROVISIONS

(A) Definitions: All definitions used in the Standard Construction Contract and

Technical Specifications shall be deemed to be incorporated into these General Conditions, provided, however, that the definitions used in the General Conditions may, in some instances, be more expansive than those in the Standard Construction Contract or the Technical Specifications, in which case the more expansive definition shall apply.

1. “AGENCY” shall mean DCAS. For purposes of this Contract, DCAS may also be referred to as the “Department”.

2. "ALLOWANCE" shall mean a sum of money which DCAS may include in the total amount of the Contract for such specific contingencies as DCAS believes may be necessary to complete the Work, e.g., incidental lead and incidental asbestos abatement, and for which the Contractor will be paid on the basis of stipulated unit prices or a formula set forth in the Contract or negotiated between the parties provided, however, that if the Contractor is not directed to use the Allowance, the Contractor shall have no right to such money and it shall be deducted from the total amount of the Contract.

3. "APPROVED," ETC - "Approved," "acceptable," "satisfactory," and words of similar import shall imply that which is approved, acceptable or satisfactory to the Commissioner in her/his sole discretion.

4. “AS-BUILTS” shall mean the final set of drawings produced at the completion of a construction project as detailed in these General Conditions. They shall include all the changes that have been made to the original construction drawings including, but not limited to, notes, modifications, and any other information DCAS decides should be included, and any additional information that DCAS may require, in its sole discretion. While original drawings are typically produced using computer-aided design (CAD) software, the As-Built drawings may include handwritten notes, sketches, and changes. See Article 4 herein.

5. "COMMISSIONER" shall mean the head of DCAS, or the Commissioner’s duly authorized representative, as applicable.

6. “CONSULTANT” – The following terms shall hereinafter be deemed to be included in the term “Consultant”: Consultant Engineer, Consultant Architect, and Liro Engineers Inc (which firm has contracted with DCAS pursuant to a separate consultant services contract).

7. “CONTRACT” or “CONTRACT DOCUMENTS” or “AGREEMENT” shall mean each of the various parts of the Contract including, but not limited to, these General Conditions, the Technical Specifications, and DCAS Standard Construction Contract referred to in the Contract package, both as a whole and severally.

8. “CONTRACTOR” shall mean the entity (successful bidder) which executed the Contract, and its representatives, obligated to perform Contract Work in accordance with the terms and conditions of the Contract, whether a corporation, firm, partnership, joint venture, individual, or any combination thereof, and its, their, his/her successors, personal representatives, executors, administrators, and assigns, and any person, firm, partnership, joint venture, individual, or corporation which shall at any time be substituted in the place of the Contractor under the Contract.

9. “DCAS” shall mean the DCAS staff assigned to oversee the Contractor’s Work and coordinate and communicate with the Contractor.

10. "DIRECTED," "REQUIRED," ETC - The terms "directed," "required," "permitted," "ordered," "designated," "prescribed," "determined," and words of similar import shall imply the direction, requirements, permission, order, designation, prescription and determination of the Commissioner, in her/his sole discretion.

11. "ENGINEER" or "ARCHITECT" or "PROJECT MANAGER" shall mean the person(s) so designated in writing by the Commissioner in the Notice to Proceed or the Letter to Commence Work to act as such in relation to this Contract, including a private Architect or Engineer or Project Manager, as the case may be. Subject to written approval by the Commissioner, the Engineer, Architect or Project Manager may designate an authorized representative.

12. “EQUAL” or “APPROVED EQUAL” shall mean equal as determined by DCAS, in its sole discretion.

13. “FACILITY” or “JOB SITE” shall mean the site of the Work located at 198

E161 STREET, BRONX, NEW YORK 10451.

14. "FINAL APPROVED PUNCH LIST" shall mean a list specifying those items of Work to be completed on a particular Work Order by the Contractor after Substantial Completion and dates for the completion of each item of Work.

15. “LAW” or “LAWS” shall mean the Constitution of the State of New York, the New York City Charter, the New York City Administrative Code, a statute of the United States or of the State of New York, a local law of the City of New York (the “City”), any ordinance, rule or regulation having the force of law, or common law.

16. “LUMP SUM” shall mean Work and costs associated therewith covered by this Contract shall be deemed to be included in the accepted bid price, and the City shall bear no additional costs or expenses associated with the Work under this Contract. This shall include all costs and expenses associated with labor and Material components, any and all elements of overhead and profit and any and all direct and indirect costs incurred by the Contractor, any and all elements of overhead and profit of the Contractor including but not limited to the cost of:

a. Tools (including small tools), equipment and accessories whether owned or rented, scaffolding, ladders, travel, transportation, waste disposal, mobilization, administration, supervision, management, and superintendence;

b. Costs and expenses of insurance, bonds, licenses, permits, waivers and filings of any kind or nature whatsoever required by the Contract;

c. All associated taxes including, without limitation, Payroll Taxes;

d. Statutory or contractual costs or expenses that the Contractor must pay on behalf of its employees including, without limitation, Prevailing Wages (where applicable) and all other payments mandated by federal, State or local Laws, rules and regulations and all modifications, revisions and additions thereto; and

e. Costs, expenses, overhead or profit of the Contractor if it subcontracts all or any part of the Work.

17. “MATERIALS” shall include, but shall not be limited to, any and all physical items necessary and required to complete the Work, as determined by the Commissioner in her or his sole discretion including, without limitation, supplies, ”Sundries”, consumables, and any and all other assets and/or resources which may provide the basis for, or be incorporated into, the Work.

18. “NOTIFICATION”, “NOTIFY”, and “NOTICE” and words of similar import shall include notification by DCAS via verbal or written means, unless otherwise specified including without limitation, in-person discussions, telephone conversations, emails and letters. All verbal notifications by DCAS will be confirmed in writing within twenty-four (24) hours.

19. “NYC”, “New York City”, “City of New York” and “City” shall mean the City of New York.

20. “OCCUPANTS” shall mean employees, visitors or invitees at NYC owned or managed buildings.

21. “OFF HOURS” or “AFTER HOURS” shall mean the hours before 7:00 am, after 6:00 pm, or on the Weekends and public holidays.

22. “PROJECT” shall mean the elevator replacement project at 198 E 161st Street, Bronx, NY 10451. See also “Work” herein.

23. “PROVIDE” shall mean “furnish and install” unless otherwise specified.

24. “RESIDENT ENGINEER” shall mean the representative of the

Commissioner duly designated by the Commissioner to be the Commissioner’s representative at the Job Site.

25. “SHOP DRAWINGS” shall mean anything requiring preliminary approval by DCAS, including, but not limited to, catalog cuts, drawings, and samples including physical objects. For purposes of this Contract, Shop Drawings shall be deemed to include anything sent to the Consultant for preliminary approval as described in the General Conditions. Final approval shall be provided by the Commissioner. See Article 4 of these General Conditions.

26. “SUBSTANTIAL COMPLETION” shall mean the written determination by the Engineer that the Work required under the Contract including, but not limited to, submission of record of “As-Built drawings,” is substantially, but not entirely, complete and the approval of the Final Approved Punch List.

27. “SUNDRIES” shall mean all secondary items necessary and required to install a primary item or Material, including, without limitation, any and all wire nuts, tapes, screws, and bolts, and shall be considered included as part of “Materials”, at no additional cost or expense to the City.

28. “SUPERINTENDENT” or “FOREMAN” shall mean a Contractor’s representative who is fluent in spoken and written English, fully competent and capable of maintaining proper supervision and care of the Work.

29. “WORK” consists of furnishing all labor and materials required detailed in the Contract which includes, without limitation, all drawings and Specifications, to complete the Elevator Modernization Project at 198 East 161st Street, Bronx, N.Y. 198 East 161st Street, Bronx. The primary Scope of Work (SOW) elements shall include, but not be limited to:

a. Replacement of the five (5) Elevators at 198 East 161st Street, Bronx and various ancillary devices.

b. Remedial/Reconstructive work in the elevator shaft.

c. Provision of electric power for the new replacement elevator equipment, HVAC equipment, FA system, etc

d. Provision of two-way audio and visual system as required by NYCBC 2022.

e. Provision of split AC Units for the existing elevator machine room.

f. Restoration of the floor areas served by the new elevators (paint, concrete infills etc.).

g. Remedial general construction at the roof level.

h. Providing accessibility in compliance with the Americans with

Disabilities Act and all relevant laws, rules and regulations to all areas including, but not limited to, paths of travel.

30. “WORK HOURS” or “REGULAR WORK HOURS” shall mean the hours between 7:00 am and 6:00 pm, Monday through Friday.

(B) This Contract will be bid out and awarded to the lowest responsive and responsible bidder (the “Contractor” or “prime Contractor”) pertaining to the construction of this Project.

(C) Each bidder shall, before commencement of Work and for the life of the Contract, possess any and all valid permits and licenses as indicated in the Department of Buildings (“DOB”) website required to complete the Work and as required for compliance with all federal, State, and local laws, rules, and regulations and all modifications, revisions and additions thereto. The permits and licenses required for the Work shall include, but not be limited to:

1. NYC DOB Elevator Agency Director

2. NYC DOB Elevator Inspector

3. NYC DOB Elevator Technician

4. NYC DOB Elevator Agency Helper

5. General Contractor New York State (if applicable)

(D) Bidder Qualifications

1. All of the following documents listed in this section shall be submitted by bidders, at the time of bid, with its bid package. A bidder’s failure to submit these documents with its bid package at the time of bid will result in the Agency determining the vendor to be non-responsive.

a) Bid Security/Bid Bond

b) The bidder shall use the correct version of the bid sheet and complete in its entirety and upload the completed and signed bid sheet in PASSPort at the time of bid.

c) Pursuant to Labor Law 220-I, contractors must be registered with the New York State Department of Labor Contractor and Subcontractor Registry (https://dol.ny.gov/public-work-contractor-and-subcontractor-registry-landing) prior to submitting bids/proposals on public works projects covered by Article 8 of the Labor Law. Bidders shall submit their NYSDOL certificate within PASSPort as part of their bid response. Note that failure to provide this certification may be grounds for being found non-responsive.

d) Pursuant to the authority granted to the City under Labor Law 816-b, contractor and any of its subcontractors with subcontracts worth two million dollars or over, have, prior to entering into such contract or subcontract, apprenticeship agreements appropriate for the type and scope of work to be performed that have been registered with, and approved by, the New York State Commissioner of Labor. Bidders shall complete Apprenticeship Program Questionnaire and upload it in PASSPort.

2. All of the following documents listed in this section shall be submitted in PASSPort prior to bid opening. A bidder’s failure to submit these documents prior to bid opening will result in the Agency determining the vendor to be non-responsive. In the event that DCAS Office of Citywide Procurement requires additional or supporting documents, the bidder shall provide the requested documents within seventy-two (72) hours of such demand.

a) Bidder shall have access to at least one (1) engineer personnel with an office within 50 miles of the project location. A copy of a current New York State Professional Engineering license is required before commencement of Work and for the life of the Contract.

b) Bidder shall complete the Bidders Minimum Qualification form demonstrating that it has completed, within the last three (3) years, at least one $1,000,000 elevator modernization project involving traction elevators with regenerative drives, as a prime contractor, for New York City or another comparable public-sector entity. Bidder shall demonstrate this by submitting relevant experience(s) of the bidder (include description of project, project cost bidder was responsible for, and client reference contact information, including but not limited to name, title, organization, address, telephone number, and email). Reference should be New York City or other large public sector entities. Reference must include description of project, project cost bidder was responsible for, and client reference contact information, including name, title, organization, address, telephone number, and email.

c) Please identify who will be performing the elevator work. If elevator work is being sub-contracted, identify any proposed sub-contractor and sub-contractor project related experience.

(E) The Contract shall commence on the date set forth in the Notice of Proceed issued to the Contractor and shall terminate three (3) years thereafter, unless sooner terminated in accordance with the terms and conditions of the Contract.

(F) Any references herein to separate contracts and/or separate contractors shall be deemed to refer, as appropriate, to subcontractors hired by the Contractor to perform the work required by the Contract. All subcontractors shall be licensed as mandated by Law, rule or regulation, shall be qualified to perform the particular work for which they are hired by the Contractor, and may only be hired with the prior written consent of the Agency.

(G) The Contractor shall furnish surety company payment and performance bonds when required by the Contract, in such penal amounts and form as are indicated.

(H) If any Work detailed in the Specifications applicable to a Contract is not shown on the Contract Drawings or is shown on the Contract Drawings but not detailed in the Specifications applicable to the Contract, such Work shall be deemed included and shall be performed by the Contractor as though it were fully set forth in the Specifications or on the Contract Drawings, as the case may be, and any and all costs and expenses thereof shall be deemed included in the Contractor’s Lump Sum bid, except where the Contractor shall have asked for and obtained a decision in writing from the Commissioner before the submission of its bid that such Work or materials are not deemed included in the Lump Sum bid price.

(I) Should there be any conflict in or between the Contract Drawings and

Specifications or any other portion of the Contract, the Commissioner’s interpretation thereof shall be determinative and the Contractor shall be deemed to have estimated and bid upon the most expensive way of doing the Work, unless the Contractor shall have asked for and obtained a decision in writing from the Commissioner before the submission of its bid as to what shall govern.

(J) Any interpretation or correction made by the Commissioner pursuant to subsections (H), (I) or (J) above, as well as any additional contract provisions the Commissioner may decide to include, will be issued in writing by the Commissioner as an addendum to the Contract. Each addendum, if any, will be posted at the place where the Contract Documents are available for the inspection of prospective bidders. Upon such posting, such addendum shall become a part of the Contract, and shall be binding on all bidders, whether or not actual notice or receipt of such addendum is shown.

(K) CONFLICTS OF INTERESTS

In relation to Conflicts of Interest, Section 2604 of the Charter of the City of New York provides:

1. No employee or person whose salary is payable in whole or in part from the City treasury (Subdivision c.) shall accept any valuable gift, whether in the form of a service, loan, thing or promise, or any other form from any person, firm or corporation which to his knowledge is interested directly or indirectly, in any manner whatsoever in business dealings with the City; and

2. Any violation of any of the provisions of this section shall at the option of the Commissioner, render forfeit and void the Contract, Work, business, sale or transaction affected.

Other sections of the City Charter, the Administrative Code and the Penal Law are applicable in implementing the basic conflicts of interest Section and under certain circumstances penalties may be invoked against the donor as well as the recipient of any form of valuable gift.

Sections of the City Charter, the Administrative Code and the Penal Law referred to herein above shall apply to the contractors performing this Contract with regard to circumstances involving Conflicts of Interest, and shall also apply to subcontractors authorized to perform Work, labor and services pursuant to this Contract. It shall be the duty and responsibility of the prime Contractor to inform its respective subcontractors of the statutes’ applicability to said subcontractors.

ARTICLE 2 - PROVISIONS REFERENCED WITH INFORMATION FOR BIDDERS AND

AGREEMENT

(A) Pursuant to the "Information for Bidders" and the Articles of the "Agreement" the Contractor shall comply with the requirements and provisions applicable to the various Contracts indicated in Schedule "A".

(B) Communications:

1. Wherever reference is made in the Contract or General Conditions to documents to be sent to the Commissioner (e.g., notices, filings, or submissions), such documents shall be sent to the address designated by the Department of Citywide Administrative Services (“DCAS”) in a Notice to Proceed or Letter to Commence the Work. In the absence of such specified address, to both:

General Counsel Department of Citywide Administrative Services 1 Centre Street, 19th Floor North New York, NY 10007

Director of Engineering Audit Department of Citywide Administrative Services 1 Centre Street, 20th Floor South New York, NY 10007

2. A distribution list will be provided at the kick-off meeting or with a Letter to Commence the Work that lists all the parties who will be required to receive a copy of all communications to DCAS. The distribution list may be modified throughout the Project.

(C) Applications for Extension of Time, as indicated in the Agreement shall be made in accordance with the Rules of the Procurement Policy Board.

(D) PARTIAL PAYMENTS FOR MATERIALS IN ADVANCE OF THEIR

INCORPORATION IN THE WORK PURSUANT TO THE "AGREEMENT".- In order to better ensure the availability of materials, fixtures and equipment when needed for the Work the Commissioner may authorize partial payment for certain materials, fixtures and equipment, prior to their incorporation in the Work, but only in strict accordance with and subject to all the terms and conditions set forth in the following sub-divisions numbered 1 to 16 inclusive, unless another method of payment is elsewhere provided in the Specifications for specified materials, fixtures or equipment.

1. The Contractor shall submit to the Commissioner a written request, in triplicate for payment for materials purchased or to be purchased for which it desires to be paid prior to their actual incorporation in the Work. The request shall be accompanied by a schedule of the types and quantities of materials, and shall state whether such materials are to be stored on or off the site.

2. Where the materials are to be stored off the site, they shall be stored at a place other than the Contractor's premises (except with the written consent of the Commissioner) and under the conditions prescribed or approved by the Commissioner. The Contractor shall set apart and separately store at the place or places of storage all materials and shall clearly mark same "PROPERTY OF THE CITY OF NEW YORK", and further, shall not at any time move any of said materials to another off-site place of storage without the prior written consent of the Commissioner. Materials may be removed from their place of storage off the site for incorporation in the Work upon approval of the Resident Engineer.

3. Where the materials are to be stored at the site, they shall be stored at such locations as shall be designated by the Resident Engineer and only in such quantities as, in the sole judgment of the Resident Engineer, will not interfere with the proper performance of the Work by the Contractor or by other contractors engaged in performing Work on the site or building operations. Such materials shall not be removed from their place of storage on the site except for incorporation in the Work, without the approval of the Resident Engineer.

4. INSURANCE

a. STORAGE OFF-SITE - Where the Materials are stored off the site and until they are incorporated in the Work, the Contractor shall fully insure such materials against any and all risks of destruction, damage or loss including but not limited to fire, theft, and any other casualty or happening. The policy of insurance shall be payable to the City of New York and shall be in such terms and amounts as shall be approved by the Commissioner. All insurance policies shall conform to the requirements of the Agreement with respect to other types of insurance required to be carried hereunder. The Contractor shall deliver the original and one copy of such policy or policies marked "Fully Paid" to the Commissioner.

b. STORAGE ON THE SITE - Where the Materials are stored at the site, the Contractor shall furnish satisfactory evidence to the Commissioner that they are properly insured against loss, by endorsements or otherwise, under the policy or policies of insurance obtained by the Contractor to cover losses to materials owned or installed by him. The policy of insurance shall cover fire and extended coverage against windstorm, hail, explosion and riot attending a strike, civil commotion, aircraft, vehicles and smoke.

5. All costs, charges and expenses arising out of the storage of such

Materials, shall be paid by the Contractor and the City hereby reserves the right to retain out of any partial or final payment made under the Contract an amount sufficient to cover such costs, charges and expenses with the understanding that the City shall have and may exercise any and all other remedies at law for the recovery of such cost, charges and expenses. There shall be no increase in the contract price for such costs, charges and expenses and the Contractor shall not make any claim or demand for compensation thereof.

6. The Contractor shall pay any and all costs of handling and delivery of Materials, to the place of storage and from the place of storage to the site of the Work; and the City shall have the right to retain from any partial or final payment an amount sufficient to cover the cost of such handling and delivery.

7. In the event that the whole or any part of these Materials are lost, damaged or destroyed in advance of their satisfactory incorporation in the Work, the Contractor, at its own cost, shall replace such lost, damaged, or destroyed Materials of the same character and quality. The City will reimburse the Contractor for the cost of the replaced Materials to the extent, and only to the extent, of the monies actually received by the City under the policies of insurance hereinbefore referred to. Until such time as the Materials are replaced, the City will deduct from the value of the stored Materials or from any other money due under the Contract, the amount paid to the Contractor for such lost, damaged or destroyed Materials.

8. Should any of the Materials paid for by the City hereunder be subsequently rejected or incorporated in the Work in a manner or by a method not in accordance with the Contract and Specifications, the Contractor shall remove and replace such defective or improperly incorporated Material with Materials complying with the Contract and Specifications. Until such Materials are replaced, the City will deduct from the value of the stored Materials or from any other money due the Contractor, the amount paid by the City for such rejected or improperly incorporated materials.

9. Payments for the cost of Materials made hereunder shall not be deemed to be an acceptance of such Materials as being in accordance with the contract documents, and the Contractor always retains and must comply with its duty to deliver to the site and properly incorporate in the Work only materials which comply with the contract documents.

10. The Contractor shall bear any and all risks in connection with the damage, destruction or loss of the Materials paid for hereunder to the time of delivery of the same to the site of the Work and their proper incorporation in the Work in accordance with the Contract Documents.

11. The Contractor shall comply with all Laws and the regulations of all governmental bodies and agencies pertaining to the priority purchase, allocation and use of the Materials.

12. When requesting payment for such Materials, the Contractor shall submit with the partial estimate duly authenticated documents of title, such as bills of sale, invoices or warehouse receipts, all in triplicate. The executed bills of sale shall transfer title to the Materials from the Contractor to the City (in the event that the invoices state that the material has been purchased by a subcontractor, bills of sale in triplicate will also be required, transferring title to the Materials from subcontractor to the Contractor).

13. Where the Contractor, with the approval of the Commissioner, has purchased unusually large quantities of Materials in order to assure their availability for the Work, the Commissioner at her/his option, may waive the requirements of paragraph "12" provided the Contractor furnishes evidence in the form of an affidavit of the Contractor in quadruplicate, and such other proof as the Commissioner may require, that it is the sole owner of such Materials and has purchased them free and clear of all liens and other encumbrances. In such event, the Contractor shall pay for such Materials and submit proof thereof, in the same manner as provided in paragraph "12" hereof, within seven (7) days after receipt of payment therefor from the Comptroller. Failure on the part of the Contractor to submit satisfactory evidence that it has paid in full for all such Materials shall preclude the Contractor from payments under the Contract.

14. The Contractor shall include in each succeeding partial estimate requisition, a summary of Materials stored which shall set forth the quantity and value of Materials in storage, on or off the site, at the end of each preceding estimate period; the amount removed for incorporation in the Work; the quantity and value of Materials delivered during the current period, and the total value of Materials on hand for which payment thereof will be included in the current payment estimate.

15. Upon proof to the satisfaction of the Commissioner of the actual cost of such Materials, and upon submission of proper proof of title as required under paragraph "12" or "13" hereof, payment will be made therefore to the extent of 85%; provided however, that the cost so verified, established and approved shall not exceed the estimated cost of such Materials included in the approved detailed breakdown estimate submitted in accordance with the Agreement; if it does, the City will pay only 85% approved estimated cost.

16. Upon the incorporation in the Work of any such Materials, which have been paid for in advance of such incorporation in accordance with the foregoing provisions, payment will be made for such Materials incorporated in the Work pursuant to the Agreement, less any sums paid pursuant to paragraph "15" herein.

(E) EXCISE AND TRANSPORTATION TAXES - The Contractor may be exempted from the payment of Federal Excise and Transportation Taxes in accord with the following:

1. Excise Tax Exemption Certificate will be certified by DCAS where requested by the Contractor, for items which fall within the scope of the Contract and may be exempt from Federal Excise Tax.

2. TRANSPORTATION TAX - The 3% Federal Tax has been repealed and is hereby deleted from the Contract. The 10% Federal Tax for travel remains in effect.

(F) LABOR - Where labor is used under the Contract, for intermediate skills and for which no rate is hereinbefore certified, and there is in existence at the time the Contract is entered into a labor agreement between the Contractor and a duly recognized labor union, recognizing the existence of such intermediate skills with an agreement to pay a particular rate for such skills, then the Contractor shall pay not less than the rate, so agreed upon between the Contractor and such labor organization for such skills.

(G) CORRESPONDENCE - A distribution list shall be provided at the kick-off meeting that lists all the parties who will be required to receive a copy of all communications to the Department. The distribution list may be modified throughout the Project.

An additional copy of all correspondence shall be sent direct to the Resident Engineer at the Job Site.

(H) MOBILIZATION PAYMENT: A line item for mobilization shall be allowed on the

Contractor's Detailed Estimate Breakdown submitted in accordance with the Agreement. The Detailed Estimate shall reflect, and the Mobilization Payment shall be made, in accordance with the following schedule:

Contract Amount Percent Mobilization

Less than $ 50,000 0 $ 0

$50,000 - $ 100,000 N/A $ 6,000 $100,001 - $ 500,000 X 6% = $ 6,000 - $ 30,000 (max) $500,001 - $2,500,000 5% $ 30,001 (min) - $125,000 (max) over $2,500,000 4% $125,001 (min) - $300,000 (max)

The Mobilization Payment, which shall be included as part of the Lump Sum bid, is intended to include the cost of required permits, bonds, insurances and/or any other similar significant initial expenses required for the initiation of the Contract Work.

The Contractor may requisition for one-half of the Mobilization Payment upon satisfactory completion of the following:

1. Installation of any required field office(s).

2. Submission of all required insurance certificates and bonds.

3. Approval by DCAS of the coordinated progress schedule for the Project and the Contractor's Shop Drawing schedule.

The remaining balance of the Mobilization Payment may be requisitioned for payment only after ten percent (10%) of the contract price, exclusive of the total amount of Mobilization Payments made or to be made hereunder, shall have been approved for payment.

ARTICLE 3 – PROGRESS SCHEDULE AND CONTRACT DRAWINGS

(A) PROGRESS SCHEDULE

1. Within fifteen (15) days after the issuance of the Notice to Proceed for this Contract, the Contractor shall prepare a composite Job Progress Chart (also referred to as the “Chart”) which shall indicate graphically and chronologically the time the various parts of the Work shall be commenced and completed. The Chart shall be in a reproducible form approved by the Commissioner.

2. The Chart shall show the sequence and interrelationship of each operation of the Contract and shall include, without limitation, all Work to be performed by any subcontractor(s).

3. The Chart shall show the estimated time for fabrication and/or delivery of all materials and equipment required for the Work. The Chart shall also show the time necessary to obtain permits to perform the Work, including but not limited to permits for off-hour Work. Any delays occasioned by the Contractor’s failure to order long lead items in a timely fashion or to otherwise adhere to the Chart shall not be compensable by the Agency and may be considered for the purposes of assessing actual damages pursuant to Schedule A and Article 54.

4. As directed by the Resident Engineer, the Contractor shall meet with Project staff to review and make necessary adjustment(s) to the composite Chart, and to coordinate the Work indicated thereon in accordance with the relevant provisions of the Agreement.

5. When completed, the Chart shall be signed and dated by the Contractor or its official representative. The Resident Engineer is authorized to sign the Chart on behalf of the Commissioner. Thereafter, the Chart shall be modified, revised and updated only as directed by the Commissioner.

When necessary, a revised Chart shall be prepared in the same manner as outlined above for the original Chart.

6. The approved Chart shall be distributed by the Contractor, as follows:

a. the original and two (2) copies to the Resident Engineer

b. two (2) copies to each subcontractor; and

c. two (2) copies to the Commissioner.

7. The Contractor and any subcontractor(s) shall consult the approved

Progress Chart and install their Work within the time limits indicated on the Chart.

8. The Resident Engineer shall post a copy of the chart in a prominent place in his field office, or such other location as the Resident Engineer deems appropriate, and mark thereon the progress of the Work, including the times when various parts of the Work were commenced and completed.

9. Contractor has 10 business days to return Contractor submittals, shop drawings, and RFIs. Contractor submittals are based on its construction schedule and completion date.

(B) CONTRACT DRAWINGS

1. The Contract drawings), as referred to and defined in the Agreement and in the applicable Specifications for the various Contracts (hereinafter referred to as “Contract Drawings” or “Drawings”), shall bear the general title:

City of New York Department of Citywide Administrative Services Construction and Technical Services

2. DOCUMENTS FURNISHED TO THE CONTRACTOR

a. After the registration of the Contract, the Contractor will be furnished with five (5) sets of paper prints and (1) PDF set (download access or USB Flash Drive) of all Drawings mentioned in paragraph (1) above. The Contractor will also be furnished with five (5) complete sets of Specifications and (1) PDF set (download access or USB Flash Drive).

b. ADDITIONAL COPIES of Drawings and Specifications, when requested, will be furnished to the Contractor, if available.

c. SUPPLEMENTARY DRAWINGS - When, in the opinion of the Commissioner, it becomes necessary to more fully explain the Work to be done, or to illustrate the Work further, or to show any changes which may be required, drawings known as Supplementary Drawings will be prepared as directed by the Commissioner.

3. Where Supplementary Drawings entail Extra Work, compensation therefor to the Contractor shall be subject to the terms of the "Agreement". The Supplementary Drawings shall be binding upon the Contractor with the same force as the Contract Drawings.

4. Three (3) copies of prints of these Drawings will be furnished to the Contractor.

(C) COPIES TO SUBCONTRACTORS -The Contractor shall furnish each of its subcontractors and materialmen such copies of Contract Drawings, Supplementary Drawings, or copies of the Specifications as may be required for its Work.

(D) CONTRACTOR TO CHECK DRAWINGS -The Contractor shall verify all dimensions, quantities and details shown on the Contract or Supplementary Drawings, Schedules, or other data received from the Commissioner, and shall notify the Commissioner, in writing, of all errors, omissions, conflicts and discrepancies found therein. Notice of such errors shall be given before the Contractor proceeds with any Work, and any additional costs or expenses incurred by the Contractor because of its failure to give notice of such errors, if any, shall be borne by the Contractor. Figures shall be used in preference to scale dimensions and large-scale Drawings in preference to Small-Scale Drawings.

ARTICLE 4 - SHOP DRAWINGS, PROPOSALS, COORDINATED / INTEGRATED

DRAWINGS, AND RECORD / AS-BUILT DRAWINGS

(A) SHOP DRAWINGS

1. DEFINITION OF SHOP DRAWINGS – The term “Shop Drawings” shall be defined as anything sent to the Consultant for preliminary approval including, but not limited to, catalog cuts, drawings, and samples including physical objects. Final approval shall be provided by the Commissioner.

2. SUBMISSION OF SHOP DRAWINGS - Instructions regarding Shop

Drawings for electrical or mechanical Work or equipment of any nature that may be required are set forth in the "General Electrical Requirements" and “General Mechanical Requirements” of these General Conditions.

3. The Contractor shall promptly prepare and submit layout detail and Shop

Drawings of such parts of the Work as are indicated in the Contract Documents including, without limitation, the Specifications, Contract Drawings and Supplementary Drawings, or as required by the Commissioner in her/his sole discretion. The Shop Drawings shall be accurate and distinct and give all the dimensions required for the fabrication, erection and installation of the Work.

4. SIZE OF DRAWINGS - The Shop Drawings, unless otherwise directed, shall preferably be on sheets of the same size as the Contract Drawings, with a l/2-inch marginal space on each side and a 2-inch marginal space for binding on the left side.

5. SCOPE OF DRAWINGS. - Shop Drawings shall be numbered consecutively and shall accurately and distinctly represent the following:

a. All working and erection dimensions.

b. Arrangements and sectional views.

c. Necessary details, including performance characteristics, and complete information for making necessary connections with other work.

d. Kinds of materials including thicknesses and finishes.

e. All other information required by the Commissioner.

f. Electrical Coordination study prior & after all switchgear submittals.

6. TITLES AND REFERENCE - Shop Drawings shall be dated and contain:

a. Name of the Project and Contract Number.

b. The descriptive names of equipment, or Materials covered by the

Drawings, and the classified item number or numbers, if any, under which it is, or they are required.

c. The locations or points at which Materials, or equipment, are to be installed in the Work.

d. Cross - References to the Section Number, detail number and paragraph number of the Contract Specifications.

e. Cross - References to the sheet number, detail number, etc., of the

Contract Drawings.

NOTE: In addition to the above requirements, the Shop Drawings shall bear a stamp having the following wording:

FIELD MEASUREMENTS - The Contractor shall certify that it has verified and supplemented the Contract Drawings by taking all required field measurements, that said measurements correctly reflect all field conditions and that this Shop Drawing incorporates said measurements.

7. THE SUBMISSION OF SHOP DRAWINGS shall be accompanied by a letter of transmittal, in triplicate, containing the name of the Project, the name of the Contractor, the number of Drawings, titles and any other requirements.

Five (5) copies of the Shop Drawings and letter shall be sent to the design Consultant with a copy sent to the Resident Engineer. An electronic (PDF) copy of the submittal (and AutoCAD, if available) shall be distributed to the Consultant and Resident Engineer via email, FTP download or on CDR. The design Consultant will transmit Shop Drawings to appropriate sub-consultants for review and acceptance, including Commissioning Authority/Agent as applicable. A satisfactory Shop Drawing will be stamped "No Exceptions Taken", be dated and distributed by the design Consultant as follows:

a) One (1) copy will be returned to the Contractor by letter

b) Two (2) copies of the approved Shop Drawing and copy of the transmittal letter to the Contractor will be forwarded to DCAS

c) One copy will be retained by the design consultant

d) One copy will be forwarded / retained by sub-consultant(s) as appropriate

Should the Shop Drawing(s) be "Rejected" or bear a note from the design Consultant to "Revise and Resubmit", the design Consultant will return the Shop Drawings to the Contractor with the necessary corrections and changes to be made as indicated thereon. Re-submission of the same drawings shall bear the original number of the drawings and the original titles.

8. Revisions: The Contractor shall make all such corrections and changes and resubmit five (5) copies of each shop drawing to the design Consultant. The Contractor shall revise and resubmit the Shop Drawings as required by the design Consultant until the Shop Drawings are stamped “No Exceptions Taken”. However, Shop Drawings which have been stamped “Make Corrections Noted” will be considered an “Acceptable” Shop Drawing and NEED NOT be resubmitted.

9. Commencement of Work: No Work or fabrication called for by the Shop

Drawings shall be commenced until the design Consultant provides acceptance of said drawings. In addition to the foregoing Shop Drawing transmissions, a copy of any Shop Drawing prepared by any of the Contractor's subcontractors which Shop Drawing indicated work related to, adjacent to, impinging upon, or affecting work to be done by other subcontractors shall be transmitted by the Contractor to the subcontractors so affected. [These accepted Shop Drawings shall be distributed to the affected subcontractors when required with a copy of the transmittal to the Resident Engineer.]

10. FINAL SUBMISSION - When approval of any Shop Drawing (by design

Consultant and Commissioner) is obtained by the Contractor, the Contractor shall insert the date of the approval and promptly furnish the Consultant and the Commissioner with additional prints of the approved drawings as the Commissioner may require. No Work called for by the Shop Drawings shall be done until the approval of the said drawings is given.

11. VARIATIONS - If the Shop Drawings…