85626B0001 Sidewalk Sheds and Scaffolding Specs.pdf

CITY OF NEW YORK

Sidewalk Sheds and Scaffolding – Five Boroughs

THE CITY OF NEW YORK

DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES

FACILITIES MANAGEMENT AND CONSTRUCTION

- SPECIFICATIONS -

FURNISH ALL LABOR, MATERIAL AND EQUIPMENT NECESSARY FOR WORK TO BE PERFORMED AT VARIOUS DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES ("DCAS") MANAGED FACILITIES THROUGHOUT

THE FIVE (5) BOROUGHS OF NEW YORK CITY.

INTRODUCTION:

This is a Requirements Contract (the "Contract") pursuant to which the bidder to whom the Contract is awarded (the "Contractor") shall provide, during the term of the Contract, the City's requirements for Labor, Materials, and equipment necessary to install, erect, maintain, dismantle and remove Sidewalk Sheds and Scaffoldings at various "Facilities" throughout the five (5) boroughs of the City of New York (the aforementioned quoted terms are hereinafter defined in Section 1 of these Specifications).

All Contract Work shall be under the jurisdiction of DCAS’ Construction and Technical Services ("CTS"). The term "Contract Work" is hereinafter defined in Section 1 of these Specifications.

1. DEFINITIONS: Unless otherwise specified

1.1. "Agency" or "Department" shall mean DCAS.

1.2. “Additional Requirements” Work that is not included in the Unit Price Work shall be deemed

"Additional Requirements" which the Contractor is obligated to provide and may include, but not be limited to the changes, maintenance and repairs to the Sidewalk Sheds to address height, angles, piping and openings, additional lighting requested that exceeds DOB requirements, bird netting and protecting public utilities. In its sole discretion, DCAS reserves the right to direct the Contractor to provide Additional Requirements to expedite any Work or task during the term of the Contract. Payment for these Additional Requirements may be made based on Labor and Materials.

1.3. “Allowance” shall mean a sum of money which the Agency may include in the total amount of the Contract for Additional Requirements set forth in this Article.

1.4. "Approved", "determined by DCAS" and words of similar import shall mean that which is approved, acceptable, or satisfactory to DCAS, in its sole discretion.

1.5. "Commissioner" shall mean the Commissioner of DCAS and her or his duly authorized representative.

1.6. "Contract" or "Contract Documents" shall mean each of the various parts of the Contract referred to in the Contract package including, but not limited to, these Specifications.

1.7. "Contract Work" and "Work" shall mean everything required to be furnished and done by the Contractor by any one or more part of the Contract or any Work Orders. This shall include, without limitation, all services required to complete the assigned tasks in accordance with the Contract documents including labor, Materials, superintendence, management, administration, equipment, and incidentals including cleaning, and obtaining all regulatory agency approvals such as permits, certifications and licenses, necessary and required to complete the Work.

1.8. "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.

1.9. “CTS" shall mean DCAS Construction and Technical Services.

1.10. "DCAS", "Engineer", "Architect", "Project Manager", "Construction Manager", and words of similar import shall mean the "DCAS Staff" assigned to oversee the Contractors’ Work and coordinate and communicate with the Contractor on a given project.

1.11. “Decorative Sidewalk Shed” or “Decorative Sidewalk” shall mean the new sidewalk shed design modified to comply with the rules necessary to support the implementation of the new proposed sidewalk shed design. This should be in effect by 2026.

1.12. "Facility" or "Facilities," unless otherwise specified, shall refer to any and all of the City-owned, controlled, permitted, leased or licensed properties, sites, buildings or lots under DCAS jurisdiction, management or control listed in these Specifications, and shall include, but not be limited to, all interior and exterior portions of such properties, up to and including the building's property line as determined by the City. DCAS reserves the right, in its sole discretion, to add or delete Facilities from the list contained in these Specifications and will notify the Contractor of an addition or deletion in writing.

1.13. "Labor" or "Labor Rate" shall mean the hourly amount that must be paid to individuals performing Contract Work under Sections 220 and/or 230 of the Labor Law of the State of New York or any other applicable prevailing wage law at the time the Work is performed. All payments to the Contractor for Contract Work done on a "Labor" or "Time" basis ("Labor and Materials" or Time and Materials" or "T&M"), shall be based on the Labor Rate for an individual multiplied by the number of hours worked and increased by the Percentage Mark- Up bid by the Contractor.

1.14. "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 the State of New York, a local law of the City of New York, any ordinance, rule or regulation having the force of law, or common law.

1.15. "Materials" shall mean all physical items necessary and required to complete the Work, as determined by the Commissioner in her or his sole discretion and shall include, without limitation, supplies, sundries, consumables, and all other assets and/or resources which may provide the basis for, or be incorporated into, the Work. Payment for Materials shall be limited to the actual and reasonable cost of the Materials increased by the Percentage Mark-Up bid by the Contractor.

1.16. "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.

1.17. "NYC", "New York City", "City of New York" and "City" shall mean the City of New York.

1.18. "Occupants" shall mean employees, visitors or invitees at NYC owned or managed buildings.

1.19. "Payroll Taxes" shall mean State Unemployment Insurance ("SUI"), Federal Unemployment

Insurance (“FUI") and payments made pursuant to the Federal Insurance Contributions Act

("FICA").

1.20. "Percentage Mark-Up" or "% mark-up" shall mean the percentage bid by the Contractor to be added as a multiplier to the amount paid to the Contractor for Labor and/or Materials, and shall be deemed to include all elements of overhead and profit and all direct and indirect costs of the Contractor including, without limitation, unless otherwise provided in these Specifications:

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

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

1.20.3 Taxes including, without limitation, Payroll Taxes;

1.20.4 Statutory or contractual costs or expenses that the Contractor must pay on behalf of its employees including, without limitation, all payments mandated by federal, State or local Laws, rules and regulations and modifications, revisions and additions thereto; and

1.20.5 Costs or expenses incurred by the Contractor if it subcontracts all or any part of the Work.

1.21. "Project Meeting" shall mean a meeting between DCAS staff, the Contractor and, if appropriate, other contractors and/or consultants working at the Facility, prior to, or during the performance of Work detailed under a specific Work Order.

1.22. "Provide" shall mean “furnish and install", unless otherwise specified.

1.23. "Requirements Contract" shall mean a contract with one or more Projects, each with its own scope of work as set forth in a Work Order issued for that Project by the Commissioner.

1.24. "Scaffolding" shall mean the supported scaffolding consisting of one or more platforms supported by rigid poles, posts, and frames.

1.25. "Sidewalk Shed" shall mean a temporary structure built to protect people or property that must be installed when constructing a building more than forty feet (40’) high, demolishing a building more than twenty-five feet (25') high, and when danger and repairs necessitate this type of protection.

1.26. "Substantial Completion" shall mean the written determination by the Engineer that the Work required under the Contract or a particular Work Order 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.

1.27. "Sundries" shall mean all secondary items necessary and required to install a primary item or

Material including, without limitation, 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.

1.28. "Superintendent" or "Foreman" shall mean a Contractor's representative who is fluent in spoken and written English and fully competent and capable of maintaining proper supervision and care of the Work.

1.29. "Supplemental Work Order" shall mean all written amendments, modifications or changes to a Work Order deemed necessary by DCAS, in its sole discretion, in the best interests of the City. Unless required by Law, Supplemental Work Orders need not be registered with the Comptroller.

1.30. "Unit Price" shall mean the total amount to be paid to the Contractor for Unit Price Work, by application of the Unit Price to an estimated quantity of services to be performed under each item, irrespective of whether such amount is derived from separate Labor and Material components or combined in a single sum. Unless otherwise specified, each Unit Price shall be deemed to include all elements of overhead and profit as well as all direct and indirect costs of the Contractor including, without limitation, unless otherwise provided in these Specifications:

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

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

1.30.3 All associated taxes including, without limitation, Payroll Taxes;

1.30.4 Statutory or contractual costs or expenses that the Contractor must pay on behalf of its employees including, without limitation, all payments mandated by federal, State or local Laws, rules and regulations and all modifications, revisions and additions thereto;

1.30.5 Costs or expenses incurred by the Contractor if it subcontracts all or any part of the Work, unless otherwise specified herein.

1.31. "Unit Price Work" shall mean a defined scope of Work for which the Contractor has submitted a "Unit Price" and shall be deemed to include all Work that may reasonably be required to perform Unit Price Work as determined by DCAS, in its sole discretion.

1.32. “Work" see definition for "Contract Work".

1.33. "Work Order" or "Work Request" shall mean an order issued pursuant to the Contract, to the

Contractor by DCAS that shall include a specified scope of Work to be completed within a definite time. All references to "Work Order" or "Work Request" shall be deemed to apply to "Supplemental Work Orders". Pursuant to the New York City Procurement Policy Board ("PPB") Rules, Section 2-12(b), Work Orders or Supplemental Work Orders shall not require registration with the Comptroller unless performance of the Work set forth therein requires an increase in funding which must be registered with the Comptroller, or as otherwise mandated by Law.

All definitions used in the Contract shall be deemed to be incorporated into these Specifications;

however, should any definitions used in these Specifications be more expansive than those in other parts of the Contract, the more expansive definition shall apply.

2. SCOPE OF WORK:

2.1. These Specifications describe the Work, which includes, without limitation, the installation, erecting, maintenance, dismantling and removal of sidewalk sheds and scaffoldings, and that the Contractor shall provide at various Facilities located in the five (5) boroughs of the City of New York, as required by DCAS, in its sole discretion.

2.2. If directed by DCAS, the Contractor shall provide decorative sidewalk sheds with a design acceptable to and approved in writing by DCAS and that complies with all NYC Department of Buildings specifications .

2.3. The Contractor shall perform all Work to the satisfaction of the Commissioner in accordance with the best modern practice, utilizing only current up-to-date methods; and, unless otherwise specified in writing by DCAS, using new and unused Materials of standard first-grade quality and workmanship, and design of the highest quality.

2.4. The Contractor shall complete all Work in a good, substantial and workmanlike manner, as approved by DCAS, in its sole discretion, and shall furnish, deliver and supply all labor, materials, supplies, tools and equipment, services, insurance and incidentals including, but not limited to, Contractor's Time Sheet, Daily Maintenance Logs and safety equipment required for the proper performance and completion of the Work, and all items not mentioned, but necessary, to complete the Work. The costs associated therewith shall be deemed to be included in the Unit Price, as described in the definition of Unit Price Work in Section 1 of these Specifications.

2.4.1 The Contractor shall comply with manufacturers' specifications and best commercial practices in the application of all Materials and performance of all Work. All Work shall be subject to approval by DCAS, in its sole discretion.

2.4.2 If any detail of the Work that is necessary for satisfactory completion of the Work is not fully set forth in this solicitation, it shall be deemed to be included and shall be performed in a manner conforming to the best modern practices, product specifications and recommendations for Work of this character.

2.4.3 The use of Materials or equipment inferior in quality to that specified in the Contract package, or any directions received from DCAS during the Contract, is not permitted under any circumstance.

2.5. The Contractor shall perform all Work in compliance with all federal, State and local Laws, rules and regulations including, but not limited to, all modifications, revisions and additions thereto, at no additional cost to DCAS and irrespective of whether applicable Laws, rules and regulations and the modifications, revisions and additions thereto are specifically referenced in the Contract package. This shall include, without limitation, compliance with the following:

2.5.1 The Occupational Safety and Health Administration ("OSHA") revised Hazard

Communication Standard and all other OSHA requirements;

2.5.2 The NYC Building Code ("BC") including, without limitation, Chapter 33 thereof;

2.5.3 The National Electric Code ("NEC"); and

2.5.4 The New York City Electrical Code;

2.5.5 The NYC Department of Buildings (“DOB”);

2.5.6 The NYC Department of Labor (“DOL”).

2.6. The Contractor shall not commence any Work until duly notified in writing by DCAS, as specified in the Standard DCAS Requirements Contract.

2.7. The scope and magnitude of the Work required in a Work Order shall vary to meet the City's needs, as determined by DCAS, in its sole discretion.

2.8. The Contractor shall attend an individual kick-off meeting for each project assigned under a given Work Order, and Project Meetings for each project, as determined by DCAS in its sole discretion. The costs associated with the Contractor's attendance at these meetings shall be deemed to be included in the bid price.

2.9. Upon DCAS's request, the Contractor shall provide to DCAS a written proposal including the estimated cost of Work under a Work Order, or portion of the Work under a Work Order. The costs associated with any preparation of a proposal shall be deemed to be included in the bid price. This is further detailed in Section 10 of these Specifications.

2.10. In the event of an emergency, DCAS, in its sole discretion, may submit to the Contractor written directives, drawings, plans and consultant generated documents describing the configuration and location of the Sidewalk Sheds and Scaffolding to be erected. Within twenty-four (24) hours of the receipt of these documents, the Contractor shall submit a detailed proposal to DCAS indicating the Unit Price quantities and the estimated cost to perform the required Work.

2.11. The Contractor shall acquire, maintain and submit all permits, licenses, accreditations and waivers, provide all notices and pay all fees required in connection with the Work under the Contract; submit such to DCAS prior to commencement of any Work; and obtain all regulatory agency approvals necessary and required to complete the Work. All costs associated with the aforementioned shall be deemed to be included in the bid price.

2.12. The Contractor shall submit all necessary affidavits of completion, stamped by a Professional

Engineer or Registered Architect, certifying compliance with the NYC Building Code. The Contractor shall provide to DCAS copies of all such filings and proofs of compliance upon completion of Work assigned under a Work Order and upon acceptance of the Work by the NYC Department of Buildings (“DOB”).

2.13. The Contractor shall comply with the following requirements regarding Maintenance Logs (BC

3307.6.5.10);

2.13.1 The Contractor shall conduct daily inspections of sidewalk sheds and scaffoldings installed at DCAS Facilities and under the various Unit Price items covering Monthly Rental (Item #'s 10 through 18 on the bid sheet). The Contractor is required to complete the Maintenance Log daily, for each Facility as required by BC 3307.6.5.10.

Where both a shed and scaffolding present at a Facility, the Contractor shall complete a separate Maintenance Log for each shed and scaffolding.

2.13.2 The Maintenance Log shall include all sections required by DOB and any modifications, revisions and additions thereto, that may be made by DOB and DCAS.

2.13.3 The Contractor shall ensure that the Maintenance Logs are three (3) hole punched and stored in a heavy-duty binder labeled "Maintenance Logs", along with the Facility's address, the date of installation of the shedding and/or scaffolding, and the contact information for the Contractor including, without limitation, the contractor’s company's name, address, and point of contact with a current phone number.

2.13.4 The Contractor shall submit to DCAS personnel at each Facility, as directed by DCAS in its sole discretion, the completed Maintenance Log and shall submit all applicable copies of these documents to DCAS with each payment requisition. Should the

Contractor become aware of any deviation with respect to the contents of the Maintenance Log, the Contractor shall immediately inform DCAS, in writing, and take measures to effectuate all necessary repairs.

2.13.4.1 Due to interior access issues at some Facilities, DCAS may require the

Contractor to install heavy-duty steel lockbox (labeled "Maintenance Logs") directly on the shed to store the Maintenance Logs. The Contractor shall provide keys for the lockboxes to the Building Custodian and other DCAS personnel, as directed by DCAS's in its' sole discretion. When multiple lockboxes are installed, DCAS may require the Contractor to provide a master key for all lockboxes installed at the Facilities.

2.14. All references to "drawings" and "plans" shall include, but not be limited to, all drawings, plans, sketches, addenda and Request for Information ("RFI") clarification drawings given by DCAS to the Contractor at a project's inception or any time thereafter.

2.15. All submittals shall be deemed subject to the Shop Drawings procedures indicated in the

General Conditions.

2.16. The Contractor shall perform all Work utilizing its own staff, and subcontracting shall be limited to electrical Work.

2.16.1. The Contractor shall request approval and approval modifications for all subcontractors as required by Section 4-13 of the PPB Rules and the documents that constitute this Agreement in PASSPort. No subcontractor shall commence work under this Agreement unless the Contractor has requested approval in PASSPort and has received approval of such request, in writing, from the DCAS.

2.16.2. Payments to subcontractors shall be reported in PASSPort by the Contractor and validated by the DCAS.

2.17. The Contractor shall employ and retain at each work site, for each Work Order, a Foreman, except as otherwise specified by DCAS.

2.17.1 The Foreman shall devote his or her time and personal attention to the Work, and shall be present at the Facility from commencement until entire completion of the Work, and who is acceptable to the Commissioner, in the Commissioner's sole discretion. In the absence of the Contractor, and irrespective of any Foreman employed by any subcontractor, the Foreman shall ensure that the instructions of the Commissioner are carried out in an expeditious and appropriate fashion. Once approved by the Commissioner, the Foreman on the job shall not be changed or removed without the consent of the Commissioner. The Commissioner may require the Foreman to be present at each Project during all working hours.

2.17.2 DCAS reserves the right, in its sole discretion, to request replacement of any Foreman, or employee of the Contractor or its subcontractor(s) performing Work under the Contract, in accordance with the terms set forth in the Contract package. The Contractor, once notified of DCAS's request, shall replace such employee with an employee of equate or greater experience, to DCAS's satisfaction, in its sole discretion, within no more than five (5) business days of DCAS making such request.

2.17.3 It shall be the responsibility of the Contractor to ensure that each subcontractor and/or trade provides a Foreman who shall meet the requirements set forth above.

3. ESTIMATED AMOUNT / TERMS OF CONTRACT:

3.1. The estimated amount of the Contract is Nine Million Nine Hundred Thirty Three Thousand

Two Hundred and Eighty Dollars ($9,933,280.00), unless this amount is increased by DCAS in accordance with the New York City Procurement Policy Board (“PPB”) Rules.

3.2. The Contract shall commence on the date set forth in the written Notice to Proceed or Work Order issued to the Contractor and shall terminate one thousand and ninety-five (1,095) consecutive calendar days ("CCDs") thereafter, unless sooner terminated in accordance with the terms and conditions of the Contract. Any monies not used at the end of the Contract shall remain with the City.

3.3. The Commissioner reserves the right, in her or his sole discretion, to one renewal of the

Contract, for an additional term of one thousand and ninety-five (1,095) CCDs in accordance with the PPB Rules, and to increase the Contract amount to the extent permitted by Law, rule or regulation during the renewal term. If the Commissioner, in her or his sole discretion, elects to renew the Contract, DCAS shall compensate the Contractor as follows:

3.3.1 All items bid on a Unit Price basis shall be increased by nine percent (9%) at the beginning of the renewal term of the Contract.

3.3.2 The above-mentioned increase upon a renewal shall be applied on a prospective basis only and shall not affect rates paid prior to the date of increase or rates to be paid for Work performed prior to the date of increase. The increase upon a renewal shall not apply to the Additional Requirements items. The Percentage Mark-Up shall not be increased upon any renewal.

3.4. The Commissioner reserves the right, in her or his sole discretion, to extend the Contract for an additional three hundred and sixty-five (365) CCDs in accordance with the PPB Rules and to increase the Contract amount to the extent permitted by Law, rule or regulation. All items bid on a Unit Price basis shall be increased by 5% at the beginning of the extension term. The Percentage Mark-Up shall not be increased upon any extension term.

4. TERMINATION OF CONTRACT:

4.1. The Commissioner, in his or her sole discretion, terminate the Contract, at any time upon ten

(10) days written notice to the Contractor. Upon receipt of such notice to terminate, unless otherwise directed by the Commissioner, the Contractor shall:

4.1.1. Stop Work on the date specified in the notice;

4.1.2. Take such action as may be necessary for the protection and preservation of the

City’s materials and property;

4.1.3. Cancel all cancelable orders for material and equipment;

4.1.4. Assign to DCAS and deliver to the site or another facility location designated by the Commissioner, any non-cancelable order for material and equipment that is not capable of use except in the performance of the Contract and has been specifically fabricated for the sole purpose of this Contract and not incorporated in the Work;

and

4.1.5. Take no action which will increase the amounts payable by the City under this

Contract.

4.2. In the event of termination by DCAS, payment to the Contractor shall be made in accordance with the Standard DCAS Requirements Contract.

5. BIDDER QUALIFICATIONS AND EXPERIENCE:

5.1. 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.

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

5.1.2 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. Vendors must submit their NYSDOL certificate within PASSPort as part of their bid response (under the required documents section). Note that failure to provide this certification may be grounds for non-responsive determination.

5.1.3 The bidder shall complete the sealed subcontractors list accurately and complete in its entirety and upload the document in PASSPort at the time of bid. Please see the instructions on how to complete the sealed subcontracts list in the documents tab.

https://dol.ny.gov/public-work-contractor-and-subcontractor-registry-landing)

5.2. 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.

5.2.1 The bidder is required to maintain all licenses, certifications, and permits throughout the entire duration of the contract. The bidder shall provide proof that it has the following valid certifications and licenses listed below:

5.2.1.1 Proof of a valid New York City Department of Buildings General Contractor

License.

5.2.1.2 Proof of a valid New York City Department of Buildings Master Riggers license.

5.2.1.3 Proof of a valid New York City Department of Buildings Master Electrician license for all lighting and electrical Work performed under this Contract.

5.2.2 The bidder shall demonstrate that the bidder has, at a minimum, successfully performed and completed at least Nine Million, Nine Hundred Thousand Dollars ($9,900,000.00) worth of erecting, maintaining, dismantling and removal of sidewalk sheds, scaffoldings and netting work in the aggregate, over the three (3) years immediately prior to the bid opening. Bidder shall demonstrate this by submitting a Bidders Minimum Qualification Form.

5.2.3 The bidder shall submit an organizational chart that demonstrates that the bidder has the capability to perform all Work, including but not limited to providing concurrent services at three (3) Facilities at a given time, utilizing its own staff, with subcontracting limited to electrical Work.

5.2.4 A list of at least five (5) references for each job that meets the requirements stated in Article 5.1.2, and shall include for each reference:

a) Name;

b) Title;

c) Address; and

d) Contact Information (including phone number and email address).

6. METHOD OF BIDDING:

6.1. Unit Price Work: The Contractor shall submit on the Bid Sheet a Unit Price applied to an estimated quantity of Unit Price Work to be provided or performed under each item listed on the Bid Sheet (Unit Price Item Nos. 1 through 20). Each Unit Price shall include all costs delineated in the definition of Unit Price in Section 1 of these Specifications.

6.1.1 Payment for completed Work shall be made in accordance with the respective Unit

Price bid for that item. The Contractor shall be paid the sum of the Unit Price applied to the actual quantity of Unit Price Work provided or performed under each Unit Price Item listed on the Bid Sheet. The quantities for each Unit Price Item shall be measured in the units specified on the Bid Sheet.

6.1.2 Quantity Calculations:

Unit Price Item Nos. 1 through 5, Item Nos. 10 through 14, and Item 19 - Sidewalk Sheds:

Linear foot of length for a sidewalk shed is defined as the longitudinal length of sidewalk shed, which is measured along the horizontal projection of the centerline of the sidewalk shed from the beginning of a contiguous unit of sidewalk shed to the terminating end of the sidewalk shed.

Height of sidewalk shed is defined as the vertical measurement, in feet, from the sidewalk or base of the sidewalk shed to the underside of the roof of the sidewalk shed measured at the centerline of the sidewalk shed.

Unit Price Item Nos. 6 through 9, Item Nos. 15 through 18, and Item No. 20 – Scaffolding:

Square foot of surface area in elevation accessed for scaffolding is defined as the longitudinal length multiplied by height (length x height) of a standard five foot (ft) deep or a narrow two foot (2') deep scaffold box, which is measured along the horizontal projection of the centerline of the scaffold box from the beginning of a contiguous unit of scaffold box to the terminating end of the scaffold box.

Linear foot of length for relocating aluminum decking is defined as the longitudinal length of a standard five foot (5') deep or a narrow two foot (2') deep scaffold box, which is measured along the horizontal projection of the centerline of the scaffold box from the beginning of a contiguous unit of scaffold box to the terminating end of the scaffold box. The standard height of a scaffold frame or bent is six feet six inches (6'6").

6.1.3 All Unit Prices for Scaffolding shall include decking, netting enclosure, and grounding as required by NYC Department of Building (DOB) Code; Section 33148.

6.1.4 Description of Unit Price Items on the Bid Sheet, including 3-month rentals.

ITEM No. 1 The Contractor shall submit a Unit Price (per linear foot of length) for furnishing and installing sidewalk sheds four feet (4') wide through ten feet (10’) wide (2 legs), standard twelve feet (12’) high for Work during:

(a) Regular Working Hours; and (b) other than Regular Working Hours.

ITEM No. 2 The Contractor shall submit a Unit Price (per linear foot of length) for furnishing and installing sidewalk sheds over ten feet (10’) wide through twenty feet (20’) wide (3 legs), standard twelve feet (12’) for Work during:

(a) Regular Working Hours; and (b) other than Regular Working Hours.

ITEM No. 3 The Contractor shall submit a Unit Price (per linear foot of length) for furnishing and installing sidewalk sheds over twenty feet (20') wide through thirty feet (30’) wide (4 legs), standard twelve feet (12’) high for Work during: (a) Regular Working Hours; and (b) other than Regular Working Hours.

ITEM No. 4 The Contractor shall submit a Unit Price (per linear foot of length) for furnishing and installing sidewalk sheds over four feet (4') wide through ten feet (10’) wide (2 legs), standard twelve feet (12’) high through twenty-five feet (25’) for Work during: (a) Regular Working Hours; and (b) other than Regular Working Hours.

ITEM No. 5 The Contractor shall submit a Unit Price (per linear foot of length) for furnishing and installing sidewalk sheds over ten feet (10’) wide through twenty feet (25’) wide (3 legs), over twelve feet (12’) high through twenty-five feet (25’) high for Work during: (a) Regular Working Hours; and (b) other than Regular Working Hours.

ITEM No. 6 The Contractor shall submit a Unit Price (per square foot of surface area in elevation accessed) for furnishing and installing standard five feet by eight feet (5' x 8') pipe frame scaffolding including netting and aluminum decking for Work during: (a) Regular Working Hours; and (b) other than Regular Working Hours.

The Unit Price is as follows:

6A. Regular Working Hours:

6A.1 Up to sixty feet (60’) high.

6A.2 Sixty-one feet (61') high up to one hundred feet (100’) high.

6A.3 One hundred and one feet (101') up to two hundred feet

(200') high.

6A.4 Two hundred and one feet (201') high up to four hundred

(400’) high.

6B. Other than Regular Working Hours:

6B.1 Up to sixty feet (60’) high.

6B.2 Sixty-one feet (61') high up to one hundred feet (100’) high.

6B.3 One hundred and one feet (101') up to two hundred feet (200') high.

6B.4 Two hundred and one feet (201') high up to four hundred (400’) high.

Item No. 7 The Contractor shall submit a Unit Price (per square foot of surface area eight feet (5’ x 8') pipe frame scaffolding, with stair tower, including netting and aluminum decking, for Work during: (a) Regular Working Hours; and (b) other than Regular Working Hours.

The Unit Price is as follows:

7A. Regular Working Hours:

7A.1 Up to sixty feet (60’) high.

7A.2 Sixty-one feet (61') high up to one hundred feet (100’) high.

7A.3 One hundred and one feet (101') up to two hundred feet

(200') high.

7A.4 Two hundred and one feet (201') high up to four hundred

(400’) high.

7B. Other than Regular Working Hours:

7B.1 Up to sixty feet (60’) high.

7B.2 Sixty-one feet (61') high up to one hundred feet (100’) high.

7B.3 One hundred and one feet (101') up to two hundred feet

(200') high.

7B.4 Two hundred and one feet (201') high up to four hundred

Item No. 8 The Contractor shall submit a Unit Price (per square foot of surface area eight feet (5' x 8’) pipe frame scaffolding with aluminum decking equipped with uplift tabs and outrigger bracket deck, including netting and aluminum decking, for Work during: (a) Regular Working Hours; and

(b) other than Regular Working Hours.

8A. Regular Working Hours:

8A.1 Up to sixty feet (60’) high.

8A.2 Sixty-one feet (61') high up to one hundred feet (100’) high.

8A.3 One hundred and one feet (101') up to two hundred feet

(200') high.

8A.4 Two hundred and one feet (201') high up to four hundred (400’) high.

8B. Other than Regular Working Hours:

8B.1 Up to sixty feet (60’) high.

8B.2 Sixty-one feet (61') high up to one hundred feet (100’) high.

8B.3 One hundred and one feet (101') up to two hundred feet

(200') high.

8B.4 Two hundred and one feet (201') high up to four hundred

Item No. 9 The Contractor shall submit a Unit Price (per square foot of surface area in elevation accessed) for furnishing and installing narrow two feet by eight feet (2' x 8') pipe frame scaffolding, for Work during: (a) Regular Working Hours; and (b) other than Regular Working Hours.

Item No. 10 The Contractor shall submit a Unit Price (per linear foot of length) for monthly rental of sidewalk sheds four feet (4’) wide through ten feet (10') wide (2 legs), standard twelve feet (12’) height. This Unit Price shall include, without limitation, all costs for daily inspections, maintenance logs, general maintenance, required structural and electrical maintenance, replacement of Materials due to wear, and supplying and replacing light bulbs.

10A. One (1) through twelve (12) months sidewalk sheds per linear foot.

10B. More than twelve (12) months sidewalk shed per linear foot.

Item No. 11 The Contractor shall submit a Unit Price (per linear foot of length) for monthly rental of sidewalk sheds over ten feet (10') wide through thirty feet (30’) wide (3 legs), standard twelve feet (12’) height. This Unit Price shall include, without limitation, all costs for daily inspections, maintenance logs, general maintenance, required structural and electrical maintenance, replacement of Materials due to wear, and supplying and replacing light bulbs.

11A. One (1) through twelve (12) months sidewalk sheds per linear foot.

11B. More than twelve (12) months sidewalk shed per linear foot.

Item No. 12 The Contractor shall submit a Unit Price (per linear foot of length) for monthly rental of sidewalk sheds four feet (4') wide through ten feet (10') wide (2 legs), over twelve feet (12’) high up to twenty-five feet (25') high.

This Unit Price shall include, without limitation, all costs for daily inspections, Maintenance Logs, general maintenance, required structural and electrical maintenance, replacement of Materials due to wear, and

12A. One (1) through twelve (12) months sidewalk sheds per linear

12B. More than twelve (12) months sidewalk shed per linear foot.

Item No. 13 The Contractor shall submit a Unit Price (per linear foot of length) for monthly rental of sidewalk sheds over ten feet (10') wide through twenty feet (20') wide (3 legs), over twelve feet (12’) high to twenty (20') high.

This Unit Price shall include, without limitation, all costs for daily inspections, Maintenance Logs, general maintenance, required structural

13A. One (1) through twelve (12) months sidewalk sheds per linear

13B. More than twelve (12) months sidewalk shed per linear foot.

Item No. 14 The Contractor shall submit a Unit Price (per linear foot of length) for monthly rental of sidewalk sheds over ten feet (10') wide through twenty feet (20') wide (3 legs), over twelve feet (12’) high up to twenty-five feet 25') high. This Unit Price shall include, without limitation, all costs for daily inspections, maintenance Logs, general maintenance, required structural

14A. One (1) through twelve (12) months sidewalk sheds per linear

14B. More than twelve (12) months sidewalk shed per linear foot.

Item No. 15 The Contractor shall submit a Unit Price (per square foot of surface area in elevation accessed) for monthly rental of standard five feet by eight feet (5' x 8’) pipe from scaffolding, including netting. This Unit Price shall include, without limitation, all costs for daily Inspections, maintenance logs, general maintenance, required structural maintenance, replacement of Materials due to wear, and repairs and replacement of deteriorated netting.

Item No. 16 The Contractor shall submit a Unit Price (per square foot of surface area in elevation accessed) for monthly rental of standard five feet by eight feet (5' x 8') pipe frame scaffolding with stair tower, including netting. This Unit Price shall include, without limitation, all costs for daily inspections, maintenance logs, general maintenance, required structural maintenance, replacement of Materials due to wear, and repairs and replacement of deteriorated netting.

Item No. 17 The Contractor shall submit a Unit Price (per square foot of surface area in elevation accessed) for monthly rental of standard five feet by eight feet (5' x 8') pipe frame scaffolding with aluminum deck, equipped with uplift tabs and outrigger bracket deck, including netting. This Unit Price shall include, without limitation, all costs for daily inspections, maintenance logs, general maintenance, required structural maintenance, replacement of materials due to wear, and repairs and replacement of deteriorated netting.

Item No. 18 The Contractor shall submit a Unit Price (per square foot of surface area in elevation accessed) for monthly rental of narrow two feet by eight feet (2' x 8') pipe frame scaffolding, including netting. This Unit Price shall include, without limitation, all costs for daily inspections, Maintenance Logs, general maintenance, required structural maintenance, replacement of Mate rials due to wear, and repairs and replacement of deteriorated netting.

Item No. 19 The Contractor shall submit a Unit Price (per linear foot of length) for dismantling and removing sidewalk sheds of any width and any height, including all accessories and electrical, that are installed under this Contract, for Work during: (a) Regular Working Hours; and (b) other than Regular Working Hours. This Unit Price shall include, without limitation, all costs associated with this Work including Labor, equipment, electrical disconnection and removal, anchor bolt removal, concrete restoration at anchor bolt locations, and transportation.

Item No. 20 The Contractor shall submit a Unit Price (per square foot of surface area in elevation accessed) for dismantling and removing pipe frame scaffolding of any type, including stair towers, aluminum decking, accessories, netting and electrical, that are installed under this Contract, for Work during; (a) Regular Working Hours; and (b) other than Regular Working Hours. This Unit Price shall include, without limitation, all costs associated with this Work including Labor, equipment, anchor bolt removal, masonry restoration at anchor bolt locations, and transportation.

6.2. Decorative Sidewalk Sheds (Item #21): The Contractor shall submit on the Bid Sheet a Percentage Mark-Up for labor (or “Time”) and Materials, which shall include full compensation to the Contractor for all costs and expenses for overhead and profit as specified in the definition of Percentage Mark-Up in Article I of these General Specifications. All payments to the Contractor for Work done on a Labor and Materials basis shall be based on the Labor Rate for an individual multiplied by the number of hours worked and increased by the Percentage Mark-up bid by the Contractor.

6.2.1 Materials: The Contractor shall only be paid for the Contractor's actual and reasonable cost for such Materials multiplied by the Percentage Mark-Up bid for the Materials.

The Contractor shall submit original invoices with the payment requires for Materials.

Upon DCAS's request, the Contractor shall submit copies of the relevant page(s) of the manufacturer's catalogue(s) to DCAS for comparison purposes.

1. As noted in Item No. 21a on the Bid Sheet, the estimated dollar amount for

Additional Requirements of Materials is Five Hundred Thousand Dollars ($500,000.00).

2. A Percentage Mark-Up in excess of ten percent (10%) for Materials will result in a non-responsive determination.

6.2.2 Labor: As noted in Item No. 21c on the Bid sheet, the estimated dollar amount for

Labor is Seven Hundred Thousand Dollars ($700,000.00).

1. A Percentage Mark-Up in excess of sixty percent (60%) for Labor will result in a non-responsive determination. The Percentage Mark-Up for Labor shall include full compensation to Contractor for all costs and expenses of overhead and profit as specified in the definition of Percentage Mark-Up in Section 1 of these Specifications.

2. The maximum allowable Labor cost shall be restricted to the field position of Foreman, who shall be actively engaged in the execution of Work.

3. All Labor costs for higher titled personnel engaged in the Work including, but not limited to, General Foreman or Superintendent, shall be considered as overhead, and shall be deemed to be included in the bid price.

6.3. Allowance Work for Additional Requirements: DCAS reserves the right, in its sole discretion, to direct the Contractor to provide Materials or Labor to expedite any Work or task, in the best interests of the City. Payment for these services may be made on the basis of a negotiated lump sum, negotiated Unit Price, or some combination thereof under the Allowance for that Work, as set forth below.

6.3.1 Allowance for Materials – Item 22a on the Bid Sheet:

1. An allowance in an amount not to exceed five-hundred-thousand-dollars

($500,000) is established as the estimated value of allowance services (Item 22a on the Bid Sheet).

2. The Contractor shall submit on the Bid Sheet a Percentage Mark-Up for Materials to be added to the cost for all Materials that are utilized in the performance of this Contract. For purposes of the Contract, the Materials cost shall be defined as the lesser of the Contractor’s actual and reasonable cost for such Materials or the price of such Materials set forth in a recognized manufacturer’s catalogue, less any discount received by the Contractor for such Materials.

3. The Percentage Mark-Up shall represent full compensation to the Contractor for all costs and expenses for overhead and profit as specified in the definition of Percentage Mark-Up in Article 1 of these Specifications. A Percentage Mark-Up in excess of ten percent (10%) for Materials will result in a non-responsive determination.

6.3.2 Allowance for Labor – Item 22c on the Bid Sheet:

1. An allowance in an amount not to exceed Two Hundred Forty-thousand-dollars ($240,000.00) is established as the estimated value of allowance services (Item 22c on the Bid Sheet).

2. The Contractor shall bid a Percentage Mark-Up to be added to the actual and reasonable costs for labor as negotiated between DCAS and the Contractor. The Percentage Mark-Up shall represent full compensation to the Contractor for all costs and expenses for overhead and profit which shall include, without limitation, all applicable items specified in the definition of Percentage Mark-Up in Article 1 of these Specifications. A Percentage Mark-Up in excess of sixty percent (60%) for Labor will result in a non-responsive determination.

6.4. Where overtime Work is approved in writing by DCAS, in its sole discretion, the Contractor will be reimbursed for the Labor portion of the relevant unit Price item and the Labor portion of any Additional Requirements. When overtime is required by all contractors on the Work, the Contractor shall comply with all relevant laws, prevailing wage and Project Labor Agreement(s) relevant to this Contract.

6.5. Overtime Payments for Unit Price Work: If the Contractor has obtained DCAS' prior written approval to perform Unit Price Work on an overtime basis, the Contractor shall be entitled to payment for the difference between the non-overtime wage rate and the overtime wage rate for the applicable worker classification for the number of hours of approved overtime Work performed. Also, if the applicable prevailing wage title contains an overtime rate for supplemental benefits, the Contractor shall be entitled to payment for the difference between the non-overtime supplemental benefits rate and the overtime supplemental benefits rate for the applicable worker classification. The regular wage rate and regular supplemental benefits rate are both deemed included in the unit prices bid by the Contractor.

6.6. Overtime Payments for Additional Requirements Work: If the Contractor has obtained DCAS' prior written approval to perform Additional Requirements Work on an overtime basis, the

Contractor shall apply the Labor Percentage Mark-Up to the overtime wage rate and overtime supplemental benefits wage rate (if any) authorized by the applicable worker classification in the applicable prevailing wage schedule. If the applicable worker classification does not have an overtime supplemental benefits wage rate, the Labor Percentage Mark-Up shall be applied to regular supplemental benefits wage rate.

6.7. The Contractor shall not be paid for Additional Requirements labor or materials that are not utilized for the benefit of DCAS under this Contract.

6.8. The estimated amounts shown on the Bid Sheet are utilized for bidding purposes only; the actual amount of Work will be determined during contract administration by DCAS, in its sole discretion.

6.9. The lowest total bid price as indicated on the Bid Sheet shall determine the low bidder. Award of the Contract shall be made to the lowest responsive and responsible bidder.

6.10. The Contract neither guarantees nor obligates that any specific number of Work Orders will be issued by DCAS. The Contractor shall not be entitled to a claim or receive any additional monies arising out of any decision by DCAS not to order a minimum amount of services during the term of the Contract.

6.11. The Contractor shall schedule all hours of Work with DCAS. Work shall be performed at scheduled hours between 7:00AM and 5:00PM, Monday through Friday ("Regular Working Hours"), unless otherwise specifically authorized by DCAS in advance and in writing. Work authorized by DCAS to be scheduled outside of Regular Working Hours shall be deemed "other than Regular Working Hours" for the purposes of this Contract.

6.12. The Commissioner may, in her or his sole discretion, direct the Contractor to schedule shifts in accordance with the PLA, as applicable, in order to avoid interference with the operational needs of the Facility, or for such other reasons as may be determined by the Commissioner in her or his sole discretion. The Commissioner further may, in her or his sole discretion, direct the Contractor to schedule overtime and/or other premium time if the Commissioner deems its appropriate. All payments including overtime payments to the Contractor shall be made in accordance with the PLA and all applicable Law.

6.13. DCAS shall pay only for the prevailing wage rate stated for a regular eight (8) hour day pursuant to Section 220 of the New York State Labor Law multiplied by the Percentage Mark- Up.