5771 Bathroom Replacements for Station 1 and Staion 5.pdf

Department of Public Works

515 North Avenue New Rochelle, NY 10801

(914) 654-2131

Alvaro Alfonzo-Larrain, P.E.

Department of Public Works Commissioner

City of New Rochelle, New York

DEPARTMENT OF PUBLIC WORKS

CONTRACT DOCUMENTS

FOR

Fire Houses #1 &5 Bathroom Renovations

DPW PROJECT# 25-030

SPEC# 5771

February 19, 2025

TABLE OF CONTENTS

INVITATION TO BIDDERS

SCOPE OF WORK

PHOTOS OF ALL BATHROOMS

"SCHEDULE A" TO THE GENERAL AGREEMENT

INSURANCE REQUIREMENTS

SECTION A- INSTRUCTIONS TO BIDDERS

SECTION B - BID PROPOSAL

SECTION C - GENERAL AGREEMENT

SECTION D - EXECUTION OF CONTRACT

SECTION E - SAMPLE FORM OF BONDS

SECTION F - PREVAILING WAGE RA TES

INVITATION TO BIDDERS

Fire Houses 1&5 Bathroom Renovations

PROJECT No. 25-030

SPEC No. 5771

1. All vendors are encouraged to submit sealed bids via mail to:

Purchasing Department 515 North Avenue

New Rochelle, NY 10801

Bid envelopes shall be plainly marked North-Oxford Masonry Improvements Project No. 25-030 SPEC No. 5771 and only include the sheets identified with the "Return with Bid" watermark.

2. Bids will be publicly open at the Ground Floor Purchasing Office at City Hall on the date shown on the Bid Schedule below.

3. Each bid must be accompanied by a DEPOSIT in the form certified check, cashier's check or money order, made payable to the CITY OF NEW ROCHELLE, NEW YORK, in the amount of five percent (5%) of the bid price (CASH WILL NOT BE ACCEPTED). The City reserves the right to reject any or all bids.

4. Copies of Contract Documents are available for direct download from the City's website at http://www.newrochellenv.com/bids.aspx under the Bid Opportunities. No fee is associated when obtaining copies of Contract Documents. Addendums and responses to questions are posted to the City's website as well. It shall be the bidder's responsibility to check for Addendums.

5. Firms qualified and certified as Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) are strongly encouraged to submit a bid.

6. The City of New Rochelle is a supporter of the Westchester Affirmative Action Equal Employment Opportunity requirements and agreements. In compliance with Section 3, the City of New Rochelle encourages employment first of New Rochelle residents.

7. Please note that the Contractor shall pay the higher wage rates of either the prevailing New York State Wage Rates or Davis Bacon.

8. PreBid Meeting will be held on-site ,Fire Station#1 on 45 Harrison Street, the date specified in the Bid Schedule below. This meeting is not mandatory but all bidders are encouraged to participate to familiarize with site conditions.

9. Any questions must be submitted via email to kconca@newrochelleny.com before the due date as specified in the Bid Schedule below. Questions and answers will be posted in the City's website by the date shown in the Bid Schedule below.

10. General Conditions - Referenced in Contract Bid Documents: See Schedule "A", attached.

11. Insurance Requirements & Endorsements - Referenced in Contract Bid Documents Section C:

See Schedule "A", attached.

BID SCHEDULE

Pre-Bid Meeting Monday, March 10th, 2025 10:00 AM

Questions Due Wednesday, March 12th, 2025 10:00 AM

Answers to Questions Posted Friday, March 14, 2025 4:00 PM

BIDS DUE / PUBLIC OPENING WEDNESDAY, March 19, 2025 3:00 PM

(Rev 12/07/2023)

Scope of Work

Specification # 5771

Fire Houses 1&5 Bathroom Renovations

Project #: 25-030

1. Intent

The City of New Rochelle is seeking bids from qualified contractors to renovate bathrooms for Fire Houses 1 & 5 on Harrison Ave and Stratton Road, New Rochelle, New York

Scope of work consists of general construction, demolition, electrical, and plumbing as detailed herein. Awarded contractor to remove and properly dispose of debris, work area must be left broom clean.

2. Work Descriotion

The work includes, but is not limited to, the following tasks:

Demolition and disposal of existing Floor and wall Ceramic tiles, lights, sinks, mirrors, toilets, urinals, etc.

This also includes replacing ceiling light fixtures, and exhaust fans

The contractor shall provide all labor, equipment, materials, tools, methods, and any additional items necessary to complete the work and take all safety measures as required by the Owner for this construction contract.

The new work will generally entail:

- Installing new ceramic subway tiles see below for suggested catalog cuts, or approved equal)

- Installing bathroom sinks, fixtures, countertops, mirrors and lights- Pictures attached

- Installing new Urinals, Toilets, and toilet partitions

- Prime and two coats of finished paint (Benjamin Moore paint, colors to be determined at a later date)

Additional electrical receptacles and new plumbing to ensure compliance with the code.

All work is to be warranted for two years after completion of work and a 2% retainage will all be held for the duration of two years after completion of work.

Refer to the attached photos for Site Conditions.

SCHEDUI.E "A" TO THE nENF.RAT. AGREEMENT

DPW Project No. 25-030, Spec. No.5771

Project Name: Fire Houses 1&5 Bathroom Renovations

Reference

Infonnation for Bidders

Information for Bidders

Agreement (Article 8)

Agreement (Article 8)

Agreement (Article 14)

Agreement (Article 22)

Agreement (Article 21)

Item

Bid Security

Performance Security

Time for Completion

Liquidated Damages

Subcontracts

Insurance

Maintenance

Requirement

5% Bid Amount

100% of Contract Amount

Total Consecutive Calendar

Days: 240

For Each Consecutive Calendar

Day Over Completion Time $ (500)

Not to Exceed

49% of the Contract

See below and attached

2% of the Contract Amount

** Certificates of Insurance to be provided upon award

Where indicated by an (x), insurance in the amounts specified below are required under this Contract.

(x) New York State Disability

(x) Worker's Compensation

(x) Employer's Liability

Statutory Statutory $1, 000,000 each accident

(x) Commercial General Liability - Per Occurrence Limit - Bodily Injury, Personal and Advertising Injury, and Property Damage, including Contractual Liability (to be stated on the certificate of insurance)

$2,000,000 Per Occurrence $ 1,000,000 Products/Completed Operations Aggregate $2,000,000 General Aggregate $25, 000 Maximum Deductible

(x) Automobile Liability - Combined Single Limit - Bodily Injury and Property Damage

$ 1,000,000 Per Person Each Occurrence for Bodily Injury $ 100,000 Per Occurrence for Property Damage

The following coverage must be provided (to be stated on the certificate of insurance):

(x) Comprehensive (x) Owned (x) Hired (x)Non-Owned

In addition, if indicated by an (x), the following insurance must be provided and/or hazards must be covered:

() Excess Insurance () Other

(x) Additional Named Insured:

City of New Rochelle, its officials, employees and agents

( ) Other

SECTION A

INSTRUCTIONS TO BIDDERS

I. PROCEDURES OF SUBMITTING BID

A. CONTENTS

Attention of bidders is called to the contents of the Invitation to Bidders, and Scope of Work a copy of which is annexed hereto and made part here-of. All the work in the Contract is described in detail in the Plans and Specifications and Addenda, if any. Information for Bidders, Bidder's Proposal and Contract Documents, all of which are attached hereto and made a part thereof.

B. EXAMINATION OF PLANS SPECIFICATIONS ADDENDA if an AND LOCATION

Contractors are particularly requested to examine the plans and specifications and location of the work before bidding.

C. BIDDING TIME AND FORM

Sealed proposals will be received by the Purchasing Department of the City of New Rochelle, New York, at the time, date and place stated in the Notice to Bidders, for the work herein mentioned, at which time and place they will be publicly opened and read aloud.

The award of the Contract, if awarded, will be made by the Commissioner of Public Work as soon thereafter as practicable.

The Commissioner of Public Work reserves the right to waive minor informalities in any bid, but conditional bids will not be accepted.

Bids must be submitted in a sealed envelope, endorsed with the title of the work, the name of the person or persons making the same and the date of presentation, and containing also the Bid Deposit as prescribed hereafter

D. BID TO COVER EVERY ITEM

All bids must be made upon the blank form of proposal attached hereto both in writing and in figures, and must be signed by the bidder. In case of any discrepancies, the written prices shall be considered the price bid.

These prices are to cover the furnishing of all the necessary materials and tabor; and the performance of all the work as set forth in the specifications and form of agreement hereto annexed.

(REVISED 11/2020)

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E. CERTIFIED CHECK. CASHIER'S CHECK. CREDIT CARD or BID BOND

No bid will be received and deposited unless accompanied by a certified check, cashier's check, Money Order . Certified or Cashier's check shall be made payable to the order of the City of New Rochelle, for the amount stated in the Notice to Bidders.

Bid Bonds must be issued by an approved bonding or insurance company, authorized to do business within the State of New York. Such security shall be an amount of not less than five (5%) per cent of the proposal submitted.

All bid deposits, whether check, credit card, shall be held by the City of New Rochelle, New York, as security that the person or persons to whom the contract shall be awarded will enter into a contract therefore and give security required for the performance thereof within ten (10) business days after notice of such award. Such bid deposit must be enclosed in the sealed envelope containing the bid.

All such deposits, except those of the two low bidders, fifty percent (50 %) will be returned to the person or persons making the bids within three (3) business days after the opening of the bids, while the remaining deposit will be returned at fifty percent (50%) as soon as the contract has been properly executed by the bidder to whom the contract shall have been awarded. The second low bidder's security deposit shall be kept by the Owner until such a time it is fairly obvious that the awarded contract(s) has (have) a fair chance of completion.

In case the low bidder forfeits the contract, the second low bidder shall be awarded the contract.

If the bidder to whom the contract has been awarded shall refuse or neglect to execute and deliver the same and furnish the security required within ten (10) business days after due notice that the contract has been awarded , the amount of the deposit made shall be retained by the said City as liquidated damages for such neglect or refusal, and shall be paid into the General Fund of the said City, but if the said bidder to whom the contract is awarded shall execute and deliver the contract and furnish the said security within the time specified the amount of the deposit will be returned.

The bidder by submission of a bid agrees with the City that the amount of the said deposit represents the amount of the damages the City will suffer by reason of any default as aforesaid.

F. APPROXIMATE ESTIMATE OF QUANTITIES

In the Bidder's Proposal there is a statement of quantities based upon the estimate of the

Engineer of the quantities of the various classes of work and the nature and extent, as near as practicable, of the work required. The several bids will be computed, tested and canvassed by the total cost of all the items in this approximate estimate at the prices bid. The quantities are approximate only, being given as a basis for the uniform comparison of bids, and the Commissioner does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the quantities and amounts of any or all items of the work at prices bid, as may be deemed necessary by the Engineer.

Bidders are required to submit their estimates upon the following express conditions which shall apply to and become a part of every bid received, to wit:

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Bidders must satisfy themselves, by a personal examination of the location of the proposed work and/or by such other means as they may prefer, as to the actual conditions and requirements of the work and the accuracy of the foregoing estimate of the Engineer and shall not at any time after submission of a bid assert or claim that there was any misunderstanding in regard to the nature of the work or the conditions affecting the work.

Attention is called to the uncertainty as to the actual total quantity of materials to be excavated, especially as to the quantities and kinds of material, since that will depend upon the character of the earth and rock which cannot be determined in advance.

An increase or decrease in the quantity for any item shall not be regarded as sufficient ground for an increase or decrease in the prices nor in the time allowed for the completion of the contract, except as provided in the contract.

G. CONSTRUCTION CONDITIONS

Bidders are required to inform themselves fully of the conditions relating to construction and labor under which the work will be or is now being performed and the contractor must employ, so far as practicable, such methods and means in the carrying out of the work as will not cause any interruption or interference with any other contractors).

H. TIME FOR COMPLETION

All work included hereunder shall be fully completed within the time stated in the Scope of the Work. This time will be measured in Calendar Days from the date designated by the Commissioner of Public Works in the Notice to the Contractor, ordering the Contract work to be commenced. Failure to complete the work of the Contract within the time specified will be just cause for the retention from any monies due or to become due under the contract, of any damage suffered by the City by reason of such failure to complete the contract. Any delay in the completion of the Contract, caused solely by the City, will be added to the above time allowance for completion. In case of undue or extreme delay caused by the City, funds retained by the City from previous progress payments in accordance with the Contract provisions may be released to the Contractor, if, in the opinion of the Commissioner, the withholding of such retained funds works a hardship on the Contractor. Such release wilt not, however, relieve the Contractor of any and all obligations under the Contract, which shall remain in full force and effect.

I. REJECTION OF BIDS

The Commissioner reserves the right to select the bid or proposal, the acceptance of which will, in his/her judgment, best secure the efficient performance of the work, or to reject any or all bids. Proposals which are incomplete, conditional, or obscure or which contain additions not called for, erasures, alterations, ambiguities, or irregularities of any kind, may be rejected as informal. Permission will not be given for the withdrawal of any bid or estimate, and the right is expressly reserved by the Commissioner of Public Works to reject all estimates should he/she deem it to the public interests to do so. No estimates will be accepted from or the Contract awarded to any person who is in arrears to the City upon debt or contract, or who is in default, as principal or surety or otherwise, upon any Obligation to the City.

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II. CONDITIONS TO BE MET BY SUCCESSFUL BIDDER

A. COMPLIANCE WITH CONTRACT PROVISIONS

The successful bidder will be required to comply with the provisions set forth in the Contract in regard to preference in employment and discrimination in employment, hours of work, wage rates and payment of wages, and with all other provisions of the Contract, which Contract is attached hereto, and made a part hereof.

B. COMPLIANCE WITH LABOR AND OTHER LAWS

The successful bidder will be required to agree that bidder will comply with all the applicable provisions of the Labor Law, the Public Health Law, the Lien Law, the Workmen's Compensation Law, the State Unemployment Insurance Law, the Federal Social Security Law, any and all rules and regulations promulgated by the Department of Labor and/or the Industrial Commissioner of the State of New York, any applicable Federal Law, rule or regulation, the Charter of the City of New Rochelle, any Local Laws, ordinances, resolutions, or regulations of the City of New Rochelle, and all amendments and additions thereto.

By submission of the bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section 201 -g of the labor law.

C. INSURANCE REQUIRED

The attention of bidders is called to the fact that the Contractor will be required to take out, and continue in effect during the life of the Contract, insurance in accordance with the provisions set forth in the Contract, and in the quantities specified therein. Proof of insurance documents must be provided to the City of New Rochelle as stated in the Contract.

D. BOND REQUIRED

For the performance of the Contract a bond will be required which shall be in the penalty of one hundred percent (100%) of the Contract price, shall be in the annexed approved form, shall be signed by the party to whom the work is awarded and by a solvent fidelity or surety company authorized by the taws of this State to transact such business and must meet with the approval of the Corporation Counsel of the City of New Rochelle, as to form and correctness. Said Surety Company must be approved by the Corporation Counsel.

The bidder whose bid shall be accepted will be required to attend at the office of the Commissioner of Public Works in person or, if a corporation, shall be represented by a duly authorized representative, with the surety offered by him/her and shall be prepared to execute the Contract and bond within ten (10) business days after a written notice from the Commissioner of Public Works that the Contract has been awarded to him/her. In case of failure or neglect to do so may, at the option of the Commissioner, be deemed to have abandoned the Contract as in default to the City under the provisions above set forth.

If at any time after the execution and approval of this Contract and the bonds required by the Contract documents, the City of New Rochelle shall deem any of these sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds shall cease to be

A-4 adequate security for the City of New Rochelle, the Contractor shall, within ten (10) business days after Notice of the City of New Rochelle by the Commissioner of Public Works do so, furnish new or additional bonds, in form, sum and signed by such sureties as shall be satisfactory to the City of New Rochelle. No further payment shall be deemed due nor shall any further payment be made to the Contractor unless and until such new or additional bonds shall be furnished and approved. Premiums on such bonds will be paid for by the Contractor

E. BIDDER TO BE COMPETENT

Before the award of the Contract, the bidder to whom it is proposed to award same will be required to show to the satisfaction of the Purchasing Dept that the bidder has the necessary facilities, experience, ability, and financial resources to perform the work in a satisfactory manner and within the time stipulated, and that has had experience in construction works of the same or of a similar nature.

F. AWARD OF CONTRACT

The City will award the Contract based upon the base bid price and consideration of ADD Alternate Bids. The City will award alternate bids in the numerical order presented. The award of contract will be based upon the base bid amount plus the alternate or alternates selected by the City.

G. NOTIFICATION TO CONTRACTOR

EQUAL EMPLOYMENT OPPORTUNITY

The Contractor is herein made aware that the City of New Rochelle, New York, requires adherence to the Westchester County Affirmative Action and Equal Opportunity agreements and requirements applicable to public works contracts. It shall be the Contractor's responsibility to become familiar with said requirements, and to comply with any and all regulations stated therein and in the Westchester County Plan (defined below).

ADDITIONAL PROVISIONS

The contractor shall also maintain compliance with the following:

D

2)

3)

4)

COPELAND "ANTI-KICKBACK" ACT - (18 U. S. C. 874) as supplemented in Department of labor Regulation (29 CFR Part 3).

DAVIS-BACON ACT - (40 U. S.C. 276a to a-7) as supplemented in Department of Labor Regulation (29-CFR Part 5).

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - (40 U.S.C. 327-330)

SECTIONS 103 & 107 AS SUPPLIMENTED BY Department of Labor Regulation (29 CFR Part 5).

PREVAILING WAGE RATES - as su lied b New York State De artment of Labor.

NOTE: IF THE ABOVE DOCUMENTS ARE NOT INCLUDED IN THIS SECTION,

COPIES OF THE ABOVE MENTIONED REGULATIONS ARE ON FILE IN THE

ENGINEERING OFFICE, CITY HALL, 515 NORTH AVENUE, NEW ROCHELLE, NEW

YORK, FOR YOUR INFORMATION. SAID REGULATIONS SHALL BE INCLUDED IN

THE FINAL CONTRACT PACKAGE.

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H. ECONOMIC OPPORTUNITY AND NON-DISCRIMINATION POLICY FOR THE CITY OF

NEW ROCHELLE

The City of New Rochelle finds and determines that contracts awarded by the City, and economic development projects supported by the City or benefiting from zoning enhancements, provide a crucial opportunity for advancing City policy objectives, including targeting employment and business opportunities. In addition, prohibiting barriers to employment and invidious discrimination in City-supported contracts and projects is an important goal of the City in its expenditures and economic development activities.

Pursuant to Chapter 31 of the New Rochelle City Code, the successful bidder will be obligated to adhere to the City established Economic Opportunity and Nondiscrimination Policy applicable to City-awarded contracts and specified economic development projects, as follows:

1. Em lo ment and trainin o ortunities

a. Construction Em lo ment. Each Construction Contractor shall take the following steps in the following order, in an effort to employ Targeted Workers to perform at least 20% of the work hours on the project or contract.

(i) Step One: Utilize the Construction Contractor's discretion to assign to perform project work to any current employees who are Targeted Workers;

(ii) Step Two: If the Construction Contractor utilizes a union hiring hall to retain workers, utilize name call, rehire, similar procedures in the relevant collective bargaining agreement, and an explicit request, to retain Targeted Workers;

(iii) Step Three: If the above steps have not enabled employment of Targeted Workers to perform at least 20% of the work hours on the project or contract, request referral of Targeted Workers from the City's First Source Center; and

(iv) Step Four: Reasonably consider workers that have been referred by the First Source Center within five business days of request therefor.

If the Construction Contractor has not filled available jobs with Targeted Workers through the steps set forth above, it may recruit and hire workers through any mechanism, and shall continue to reasonably consider workers that have been referred by the First Source Center for up to 15 days after initial notification. Employers that need to hire on an emergency basis in order to maintain operations may hire from any source immediately, but still shall notify the First Source Center about available positions, and reasonably consider any candidates referred before hiring is complete.

New apprentice employment requirements for Prime Contractors. For each 20,000 construction work hours performed by a Prime Contractor and its subcontractors of any tier, such Prime Contractor and/its subcontractors of any tier shall act as a Subscribing Employer for at least one individual newly enrolled as an apprentice in an apprenticeship program registered with the New York State Department of Labor, and employ such new apprentice for an aggregate total of at least 1,000 hours of work on the prime contract or subcontracts.

b. Non-construction em lo ment. Each Employer shall undertake the following steps in the following order, in an effort to hire Targeted Workers to fill at least 25% of available jobs on the project or contract.

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(i) Step One: Notification of job opportunities. When an Employer has an opening for an on-site job available, the Employer shall notify the First Source Center of the job opening and provide a description of job responsibilities and qualifications. Job qualifications shall be limited to qualifications directly related to performance of job duties.

(ii) Step Two: Consideration of Targeted Workers. The Employer shall then use standard hiring practices, including interviews, to consider all Targeted Workers referred by the First Source Center and meeting the qualifications described in the referral request during a five-day period after initial notification, or until all open on-site jobs are filled, whichever is sooner. The Employer shall make good-faith efforts to fill all available on-site jobs with Targeted Workers. If at the conclusion of the five-day period the Employer has been unable to fill all openings for on-site jobs with Targeted Workers, the Employer may use other recruitment methods. Employers that need to hire on an emergency basis in order to maintain operations may hire from any source immediately, but still shall notify the First Source Center about available positions, and reasonably consider any candidates referred before hiring is complete.

c. Hirin discretion. Nothing in this policy requires that any Construction Contractor or Employer hire any particular individual. Each Construction Contractor shall have the sole discretion to judge the qualification of and to hire or decline to hire any individual referred by the First Source Center or any other source. In order to improve the first source system and the City's job training pipeline, each Employer that declines to hire a first source referral for an available position shall provide to the First Source Center a written account of reasons for rejecting such candidates.

2. Business Opportunities

a. Construction contracts

(i) Prime contracting. The City and each Developer shall have a goal of awarding at least 10% of prime contracts for construction work, including trucking services, to businesses based in the City. The City and the Developer shall make affirmative efforts to provide outreach to M/WBEs, including notification of bidding opportunities to a list of sources provided by the City, responsive communications with M/WBEs that express interest in bidding, and full and fair considerations of bids submitted by M/WBEs.

(ii) Subcontracting. Each Prime Contractor shall have a goal of awarding at least 20% of the dollar value of subcontracts for construction work, including trucking services, to businesses based in the City. Each Prime Contractor shall make affirmative efforts to provide outreach to M/WBEs, including notification of bidding opportunities to a list of sources provided by the City, responsive communications with M/WBEs that express interest in bidding, and full and fair considerations of bids submitted by MA/VBEs.

(iii) Contracts and subcontracts for construction shall include the requirement to submit quarterly utilization reports in a form provided by the City indicating the number and percentage of Targeted Workers and M/WBEs employed at a job site, with certified payroll sheets listing employees' biweekly payroll.

b. Service contracts

(i) The City, each Developer, Employers, and management entities operating portions of Public-Private Projects shall have a goal of awarding at least 20% of the dollar value of service contracts (not including construction contracts) to be performed on-site at the project to businesses based in the City. Entities awarding service contracts shall

A-7 make affirmative efforts to provide outreach to M/WBEs, including notification of bidding opportunities to a list of sources provided by the City, responsive communications with M/WBEs that express interest in bidding, and full and fair considerations of bids submitted by M/WBEs.

(ii) Service contracts shall include the requirement to submit quarterly utilization reports in a form provided by the City indicating the number and percentage of Targeted Workers and M/WBEs employed on Public-Private Projects, with certified payroll sheets listing employees' biweekly payroll.

3. Im lementation

a. This Policy applies to and shall be incorporated into all City Contracts and into contracts between the City and Developers related to Public-Private Projects. When parties referenced in this Policy engage subcontractors, tenants, and other parties to operate in Public-Private Projects or as participants in fulfillment of City Contracts, this Policy shall be incorporated by reference into relevant contracts as a material term, enforceable by the City as a third-party beneficiary.

b. All parties with responsibilities under this Policy agree to provide information requested by the City as necessary to determine compliance with this Policy. Developers, Prime Contractors, and Employers shall provide annual public reports regarding compliance with this Policy.

c. Developers, Construction Contractors, and Employers are subject to liquidated damages in cases of noncompliance with this Policy. Liquidated damages shall be assessed by the City only in cases of sustained, material noncompliance, and after notice and opportunity to correct. Developers, Construction Contractors, and Employers also agree to remedies of specific performance and other contractual or equitable remedies related to compliance with this Policy.

d. If any provision of this Policy or any application thereof to any person or circumstances is held invalid by final judgment of any court of competent jurisdiction, such invalidity shall not affect other provisions or application of this Policy, which can be given effect without the invalid provision or application, and to this end the provisions of this Policy are declared to be severable.

4. Nondiscrimination Polic

Each Construction Contractor, Employer, and Developer shall refrain from discrimination or harassment based on race, ethnicity, national origin, gender, gender identity, sexual orientation, age, religion, disability, veteran status, or any other basis prohibited by law, in all activities in furtherance of or on site of work performed in relation to a City Contract or a Public-Private Project. Such entities shall take active steps to ensure that all activities related to City Contracts and Public-Private Projects are conducted without discrimination or harassment on these bases by all employees and representatives.

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[INTENTIONALLY LEFT BLANK]

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CITY OF NEW ROCHELLE MONTHYEMPLOYMENT UTILIZATION REPORT

CONTRACTOR

ADDRESS

PROJECT

CONSTRUCTION

TRADE

CLASSIFICATIONS

OFFICIAL SIGNATURE AND TITLE,

TELEPHONE NUMER

DATE SIGNED

TOTAL

EMPLOYEES

BLACK HISPANIC FEMALE

MINORITY

PERCENTAGE

FEMALE

PERCENTAGE

TOTALS

Journey Worker

APPRENTICE

TRAINEE

SUB-TOTAL

Journey Woiker

APPRENTICE

TRAINEE

SUB-TOTAL

Journey Worker

APPRENTICE

TRAINEE

SUB-TOTAL

Journey Worker

APPRENTICE

TRAINEE

SUB-TOTAL

Journey Worker

APPRENTICE

TRAINEE

SUB-TOTAL

Journey Woiker

APPRENTICE

TRAINEE

SUB-TOTAL

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NEW YORK STATE AFFIRMATIVE ACTION REQUIREMENTS

(BID CONDITIONS - EQUAL EMPLOYMENT OPPORTUNITY)

(For all State and State-Assisted Construction Contracts to be awarded in this County of the State of New York, with the exception of those contracts which involve Federal assistance and for which Federal Bid Conditions are required).

PARTI

The provisions of this Part I apply to Bidders, Contractors and Subcontractors with respect to those construction trades for which they are parties to collective bargaining agreements with a labor organization or organizations and who together with such labor organizations have agreed to the Westchester County, New York area Equal Employment Opportunity Agreement (but only as to those trades as to which there are commitments by tabor organizations to specific goals of minority manpower utilization) between the Building Trades Employers Association of said County, the Builder's Institute of Westchester & Putman Counties, various labor organizations, General and Specialty Contractors and their associations and the minority coalition, together with all implementing agreements that have been and may hereafter be developed pursuant thereto, all of which documents are incorporated herein by reference and are hereinafter cumulatively referred to as the "Westchester County Plan."

Any Bidder, Contractor or Subcontractor using one or more trades of construction employees must either comply with Part I or Part II or these Bid Conditions as to each such trade. 'Thus, a Bidder, Contractor or Subcontractor may be in compliance with these conditions by its inclusion, with its union, in the Westchester County Plan as to trade "A", provided there is set forth in the Westchester County Plan a specific commitment by that union to a goal of minority manpower utilization for such trade "A", thereby meeting the provisions of this Part I, and by its commitment to Part II in regard to trade "B" in the instance in which it is not included in the Westchester County Plan, and, therefore, cannot meet the provisions of this Part I.

To be eligible for award of a contract under Part I of this invitation, a Bidder or Subcontractor must execute the certification required by Part III hereof.

PART II

A. COVERAGE

The provisions of this Part II shall be applicable to those Bidders, Contractors, and Subcontractors, who, in regard to those construction trades to be utilized on the Project to which these bid conditions pertain:

1. Are not or hereafter cease to be signatories to the Westchester County Plan referred to in Part I hereof;

2. Are signatories to the Westchester County Plan, but are not parties to collective bargaining agreements;

3. Are signatories to the Westchester County Plan, but are parties to collective bargaining agreements with labor organizations who are not or hereafter cease to be signatories to the Westchester County Plan.

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4. Are signatories to the Westchester County Plan but as to which no specific commitment to goals of minority manpower utilization by labor organization have been executed pursuant to the Westchester County Plan; or,

5. Are no longer participating in an affirmative action plan acceptable to the Industrial Commissioner, including the Westchester County Plan.

B. REQUIREMENT: AN AFFIRMATIVE ACTION PLAN:

The bidders, contractors and subcontractors described in paragraphs 1 through 5 afore-mentioned will not be eligible for award of a contract under this Invitation for Bids, unless it certifies as prescribed in paragraph 2b of the certification specified in Part III hereof that it adopts the minimum goals and timetables of minority manpower utilization (1) and specific affirmative action steps set forth in Section B. 1 and 2 of this Part II directed at increasing minority manpower utilization by means of applying good faith efforts to carrying out such steps; or is deemed to have adopted such a program pursuant to Section B. 3 of this Part II.

1. Goals and Timetables:

The goals of minority manpower utilization required of the bidder and subcontractors are applicable to each trade not otherwise bound by the provisions of Part I hereof which will be used on the project in Westchester County, New York (hereinafter referred to as the "Area") shall be 11 .0%-13. 0%.

The percentage goals of minority manpower utilization aforementioned are expressed in terms of man-hours of training and employment as a proportion of the total man-hours to be worked by the Bidder's, Contractor's and Subcontractor's entire work force in that trade on all projects (both state and non-state) in the Area during the performance of its Contract or Subcontract. The man-hours for minority work and training must be substantially uniform throughout the length of the contract, on all projects and for each of the trades. Further, the transfer of minority employees or trainees from employer-to-employer or from project-to-project for the sole purpose of meeting the contractor's or subcontractor's goal shall be a violation of these conditions. In reaching the goals of minority manpower utilization required of bidder, contractors and subcontractors pursuant to this Part II, every effort shall be made to find and employ qualified journeymen. However, where minority journeymen are not available, minority trainees in pre-apprenticeship, apprenticeship, journeyman training or other training programs may be used.

In order that the non-working training hours of trainees may be counted in meeting the goal, such trainees must be employed by the contractor during the training period, the contractor must have made a commitment to employ the trainees at the completion of their training subject to the availability of employment opportunities and the trainees must be trained pursuant to established training programs which must be the equivalent of the training programs now or hereafter provided for in the Westchester County Plan with respect to the nature, extent and duration of training offered.

A contractor or subcontractor shall be deemed to be in compliance with the terms and requirements of this Part II by the employment and training of minorities in the appropriate percentage of his aggregate work force in the Area for each trade for which it is committed to a goal under this Part II.

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However, no contractor or subcontractor shall be found to be in non-compliance solely on account of its failure to meet its goals within its timetables, but such Contractor shall be given the opportunity to demonstrate that it has instituted all of the specific affirmative action steps specified in this Part II and has made every good faith effort to make these steps work toward the attainment of its goals within its timetables, all to the purpose of expanding minority manpower utilization on all of its projects in the Area.

In all cases, the compliance of a bidder, contractor or subcontractor will be determined in accordance with its respective Obligations under the terms of these Bid Conditions. Therefore, contractors or subcontractors who are governed by the provisions of this Part II shall be subject to the requirements of that Part regardless of the obligations of its prime contractor or low tier subcontractors.

2. All bidders and all contractors and subcontractors performing or to perform work on projects subject to these Bid Conditions hereby agree to inform their subcontractors of their respective obligations under the terms and requirements of these Bid Conditions, includina the Drovisions relating to goals of minority employment and training.

3. Specific Affirmative Action Steps: Bidders, contractors and subcontractors subject to this Part II must engage in affirmative action directed at increasing minority manpower utilization, which is at least as extensive and as specific as the following steps:

a. The Contractor shall notify community organizations that the Contractor has employment opportunities available and shall maintain records of the organizations' response.

b. The Contractor shall maintain a file of the names and addresses of each minority worker referred to him/her and what action was taken with respect to each such referred worker, and if the worker was not sent to the union hiring hall for referral or if such worker was not employed by the contractor, the contractor's file shall document this and the reasons therefore.

c. The Contractor shall promptly notify the City when the union or unions with whom the Contractor has a collective bargaining agreement has not referred to the Contractor a minority worker sent by the Contractor or the Contractor has other information that the union referral has impeded Contractor in efforts to meet goal.

d. The contractor shall participate in training programs in the area, especially those funded by the Department of Labor.

e. The contractor shall disseminate EEC policy within own organization by including it in any policy manual, by publicizing it in company newspapers, annual reports, etc., by conducting staff, employee and union representatives' meetings to explain and discuss the policy, by posting of the policy, and by specific review of the policy with minority employees.

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f. The contractor shall disseminate his EEO policy externally by informing and discussing it with all recruitment sources, by advertising in news media, specifically including minority news media, and by notifying and discussing it with all subcontractors and suppliers.

g. The contractor shall make specific and constant personal (both written and oral) recruitment efforts directed at all minority organizations, schools with minority students, minority recruitment organizations, and minority training organizations, within the contractor's recruitment area.

h. The contractor shall make specific efforts to encourage present minority employees to recruit their friends and relatives.

i. The contractor shall validate all worker specifications, selection requirements, test, etc.

j. The contractor shall make every effort to promote after-school, summer and vacation employment to minority youth.

k. The contractor shall develop on-the-job training opportunities and participate and assist in any association or employer-group traininQ programs relevant to the contractor's employee needs consistent with its obligations under this Part II.

I. The contractor shall continually inventory and evaluate all minority personnel for promotion opportunities and encourage minority employees to seek such opportunities.

m. The contractor shall make sure that seniority practices, job classifications, etc., do not have a discriminatory effect.

n. The contractor shall make certain that all facilities and company activities are non-segregated.

o. The contractor shall continually monitor all personnel activities to ensure that EEO policy is being carried out.

p. The contractor shall solicit bids for subcontracts from available minority subcontractors engaged in the trades covered by these Bid Conditions, including circulation of minority contractor associations.

Contractors and Subcontractors Deemed to be Bound by Part II: In the event a Contractor or Subcontractor, who is at the time of bidding eligible under Part I of these Bid Conditions, is no longer participating in an affirmative action plan acceptable to the Industrial Commissioner, including the, shall be deemed to be committed to Part II of these Bid Conditions. Further, whenever a contractor or subcontractor is deemed to be committed to Part II of these Bid Conditions shall be considered to be committed to a manpower utilization percentage goal of the minimum range for that trade for the appropriate year.

5. Subsequent Signatory to the Westchester County Plan: Any contractor or subcontractor subject to the requirements of this Part II for any trade at the time of the submission of his bid "who together with the labor organization with whom it has a collective bargaining agreement subsequently becomes a signatory to the Westchester County Plan, either individually or through an association, may meet its requirements under these Bid Conditions for such trade, if such contractor or subcontractor executes and submits a new certification committing to Part I of these Bid Conditions. No contractor or subcontractor shall be deemed to be subject to the requirements of Part I until such certification is executed and submitted.

4.

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6. Non-Discrimination: In no event may a contractor or subcontractor utilize the goals, timetables or affirmative action steps required by this Part II in such a manner as to cause or result in discrimination against any person on account of race, color, religion, sex or national origin.

(NO TEXT HERE)

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PART III

A. BIDDER'S CERTIFICATIONS

A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting Contract:

BIDDERS' CERTIFICATION

certifies that:

(Bidder)

1 It intends to use the following listed construction trades in the work under the Contract:

; and

a. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Westchester County" Plan, it will comply with the Westchester County area within the scope of coverage of that Plan, those trades being:

, and/or

b. As to those trades for which it is required by these Bid Conditions to comply with Part I of these Bid Conditions, it adopts the minimum minority manpower utilization goals and the specific affirmative action steps contained in said Part II , for all construction work (both state and non-state) in the Westchester County area subject to these Bid Conditions, those trades being:

and

2. It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontract under this contract the subcontractor certification required by these Bid Conditions.

(Signature of authorized representative of bidder)

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B. SUBCONTRACTORS'CERTIFICATIONS

Prior to the award of any subcontract under this Invitation for bids, regardless of tier, the prospective subcontractor must execute and submit to the Prime Contractor the following certification, which will be deemed a part of the resulting subcontract:

SUBCONTRACTORS'CERTIFICATION

certifies that:

(Subcontractor)

1 It intends to use the following listed construction trades in the work under the subcontract

2. a. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Westchester County Plan, it will comply with the Westchester County Plan on all construction work (both state and non-state) in the Westchester County area subject to these Bid Condition, those trades being:

; and

b. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority manpower utilization goals and the specific affirmative action steps contained in said Part II for all construction work (both state and non-state) in the Westchester County area subject to these Bid Conditions, those trades being:

3.

; and

It will obtain from each of its subcontractors prior to the award of any subcontract under this subcontract the subcontractor certification required by these Big Conditions.

(Signature of authorized representative of bidder)

In order to ensure that the said subcontractors' certification becomes a part of all subcontracts under the prime contract, no subcontract shall be executed until an authorized representative of the City has determined, in writing, that the said certification has been incorporated in such subcontract, regardless of tier. Any subcontract executed without such written approval shall be void.

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C. MATERIALLY AND RESPONSIVENESS

The certifications required to be made by Bidder pursuant to these Bid Conditions is material, and will govern the Bidder's performance on the project and will be made a part of bid. Failure to submit the certification will render the bid non-responsive.

PART IV - COMPLIANCE AND ENFORCEMENT

Contractors are responsible for informing their Subcontractor (regardless of tier) as to their respective obligations under Parts I and II hereof (as applicable). Bidders, Contractors and Subcontractors hereby agree to refrain from entering into any contract or contract modification with a Contractor debarred from, or who is determined not to be a "Responsible" Bidder for, state contracts and state-assisted construction contracts. The Bidder, Contractor or Subcontractor shall carry out such sanctions and penalties for violation of the equal opportunity clause including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered by the administering agency or the contracting agency. Any Bidder. Contractor or Subcontractor who shall fail to carry out such sanctions and penalties shall be deemed to be in non-compliance with these Bid Conditions.

Nothing herein is intended to relive any Contractor or Subcontractor during the term of its contract on this project from compliance with the Equal Opportunity Clause of its contract, with respect to matters not covered in the Westchester County Plan or in Part II of these Bid Conditions.

Violation of any substantial requirement in the Westchester County Plan by a Contractor or Subcontractor covered by Part I of these Bid Conditions including the failure of such Contractor or Subcontractor to make a good faith effort to meet its fair share of the trade's goals of minority manpower utilization, or of the requirements of Part II hereof by a Contractor or Subcontractor who is covered by Part II shall be deemed to be non-compliance by such Contractor or Subcontractor with the Equal Opportunity Clause of the contract, and shall be grounds for imposition of appropriate sanctions and penalties.

Each agency shall review its Contractors' and Subcontractors' employment practices during the performance of the contract. If the agency determines that the Westchester County Plan no longer represents effective affirmative action, it shall so notify the New York State Department of Labor (NYSDOL) which shall be solely responsible for any final determination of that question and the consequences thereof.

In regard to Part II of these conditions if the Contractor or Subcontractor meets its goals or if the Contractor or Subcontractor can demonstrate that it has made every good faith effort to meet those goals, the Contractor or Subcontractor shall be presumed to be in compliance with its obligators under these Bid Conditions and no formal sanctions or…