Bid Booklet - Bronx 9-10-11 Garage Construction(1).pdf

THE CITY OF NEW YORK

DEPARTMENT OF SANITATION

CONSTRUCTION CONTRACT

BID BOOKLET

FRONT COVER

FOR PLA CONTRACTS

THE CONTENTS LIST IS ON THE FIRST PAGE

E-PIN: 82726B0005

CONTRACT FOR

FURNISHING ALL LABOR AND MATERIAL NECESSARY

AND REQUIRED FOR:

BRONX COMMUNITY DISTRICTS 9, 10, & 11 GARAGE

DEMOLITION AND REPLACEMENT, LOCATED AT 800

ZEREGA AVE., AND CONSTRUCTION OF SOUTH LOT

SWING SPACE, LOCATED AT 530 ZEREGA AVE.,

BRONX, NY 10473

CAPITAL PROJECT S248-423

NEW YORK CITY DEPARTMENT OF SANITATION CONSTRUCTION CONTRACT

FOR CONTRACTS SUBJECT TO A PROJECT LABOR AGREEMENT (PLA) --

BID BOOKLET MASTER DOCUMENT LIST

12-22-21 1 PLA Bid Booklet Master Document List

SECTION A – PLA BID BOOKLET

BID DOCUMENTS – REQUIRED WITH THE BID

If any of the following documents are missing from the bid submission package DSNY must reject the bid as non-responsive.

A1. Bid Form and Bid Documents (to be submitted electronically).

A2. M/WBE Utilization Plan (to be submitted electronically) -- Schedule B for the M/WBE Program. Be sure to read the M/WBE Notice and Directions are located in the “Notices” section of Volume 1. If an M/WBE Utilization Plan, Schedule B, is included in the bid documents, the bid must include one of the following:

A2a. The M/WBE Participation Goals (Part I) and the M/WBE Utilization Plan (Part II);

OR

A2b. A Waiver Determination (the final section of the Request for a Waiver of M/WBE Participation (Part III) showing Full Waiver Approved of the M/WBE Participation Goals;

OR

A2c. A Waiver Determination (the final section of the Request for a Waiver of M/WBE Participation (Part III) showing a Partial Waiver Approved and a Revised Participation Goal. The Bidder must also include a Revised M/WBE Participation Plan, (Part II) tailored to the Revised Participation Goal.

NOTE: If you need help with the Subcontractor Utilization Plan, you may contact the DSNY ACCO’s Office, DSBS at (212) 513-6356, or e-mail DSBS at buyer@sbs.nyc.gov.

A3. Bidder’s Certification of Iran Divestment (to be submitted electronically). The Notice explaining this form is located in the “Notices” section in Volume 1.

A4. Bidder’s PLA Subcontractor Identification Form. The Notice explaining this form is located in the “Notices” section in Volume 1.

A5. Bid Bond Form. This form must be used if Schedule A requires bid security and the bidder will use a Bid Bond. The Bid Bond Form must be included when it is possible that a bid may be over $1,000,000.

A6. Addenda Acknowledgment Page (to be submitted electronically).

SECTION B – PLA BID BOOKLET

BIDDER EVALUATION FORMS – REQUIRED FROM THE APPARENT LOWEST SUCCESSFUL BIDDER --

MAY ALSO BE REQUESTED OF OTHER BIDDERS WHO SUBMITTED LOW BIDS.

These documents are due after bid opening from the apparent low bidder, and may be requested from other low bidders.

B1. Procurement and Sourcing Solutions Portal (PASSPort) Disclosure Filing (formerly known as Vendor Information Exchange System (VENDEX) Forms or Certificate of No Change).

B2. Project Labor Agreement (PLA) Letter of Assent. The bidder and each of its subcontractors must execute this form assenting to work under the PLA. The Notice explaining this form is located in the “Notices” section in Volume 1.

B3. Contractor’s Financial Statement Request.

B4. Contractor’s Experience Questionnaire.

mailto:buyer@sbs.nyc.gov

This Master Contents List for the Bid Booklet of PLA Construction Contracts Only. Page 2

12-22-21 2 PLA Bid Booklet Master Document List

C1.

C2.

SECTION C – PLA BID BOOKLET

ITEMS REQUIRED FROM THE SUCCESSFUL BIDDER

Due after DSNY notifies the successful lowest, responsive, responsible bidder to which DSNY intends to award the contract.

Payment Bond. If Schedule A requires payment security and the bidder will use a payment bond, the bidder must use this form. Required if the bid is likely to be $1,500,000 or more.

Performance Bond. If Schedule A requires performance security, and the bidder will use a performance bond, this bidder must use one or both of these forms.

C2a.

C2b.

Note:

required for contracts where a bid may be over $1,500,000 but not over $5,000,000, and required for contracts where a bid may be over $5,000,000

Use both C2a and C2b if some bids under and some bids over $5,000,000 may reasonably be anticipated.

C3.

C4.

Insurance Broker’s Certifications (for all insurance policies).

Direct Deposit/EFT Enrollment Form C5 & 6. Reports and Instructions

C5(a). Construction Employment Report Form

C5(b). Construction Employment Report Instructions.

C6(a). Supply and Service Employment Report Form. This report is required only if: (1) the bidder will hire one or more non-construction subcontractors; or (2) if the bidder has offices that employ 50 or more non-construction employees.

C6(b). Supply and Service Employment Report Instructions. Contact the NYC Department of Small Business Services for more information.

1 PLA-BidBk Section A Cover Page

BID BOOKLET DOCUMENTS

SECTION A

SIGNED DOCUMENTS

REQUIRED WITH THE BID.

If any of the bid documents included in this section of the Bid Booklet for this Contract are missing from your bid submission, YOUR BID MUST BE REJECTED

AS NON-RESPONSIVE

Bid Booklet A First Page

New York City Department of Sanitation E-PIN: 82726B0005 Demolition and Replacement of Bronx Community Districts 9, 10 & 11 Garage 800 Zerega Avenue, Bronx, NY 10473 And Bronx Community Districts 9, 10 & 11 Garage South Lot Swing Space 530 Zerega Avenue, Bronx, NY 10473

DSNY Bid Form for Construction Contracts 1 BidBk A1

BID

Before bidding, bidders must examine all documents included in the Invitation for Bids, inspect the location of the proposed Contract work, and obtain any site information from other sources that a reasonably prudent bidder would obtain to determine the nature and extent of the work required. The bid must allow for all difficulties which may be encountered in performing the required Contract work.

THE CITY OF NEW YORK

DEPARTMENT OF SANITATION

BID FOR FURNISHING ALL LABOR AND MATERIAL NECESSARY AND REQUIRED FOR:

Construction Package 1 (CP1): Demolition and Replacement of Bronx Community Districts 9, 10, & 11 Garage

800 Zerega Avenue, Bronx, NY 10473

AND

Construction Package 2 (CP2): Bronx Community Districts 9, 10 & 11 Garage Construction of South Lot Swing Space

530 Zerega Avenue, Bronx, NY 10473

E-PIN: 82726B0005

The Bidder affirms and declares:

1. If licensing is required to perform any part of the Contract work, the bidder (or the entity or the individual who will perform that part of the Contract work) has all required licenses from the State of New York and the City of New York as of the date of submitting this bid.

2. The person signing this bid (the “signatory”) is of lawful age and is signing as an individual bidder or as an officer or partner of a corporation, partnership, firm or organization placing the bid. No person, corporation, partnership, firm or entity other than the bidder named above has an interest in this bid, or in the Contract if it is awarded to the bidder.

3. By submission of this bid, the bidder and each signatory certify under penalty of perjury (if the bidder is a joint venture, each joint venturer must certify as to its own organization) that to the best of the signatory’s and the bidder’s knowledge and belief:

Bronx Community Districts 9, 10 & 11 Garage 800 Zerega Avenue, Bronx, NY 10473 And Bronx Community Districts 9, 10 & 11 Garage South Lot Swing Space 530 Zerega Avenue, Bronx, NY 10473

DSNY Bid Form for Construction Contracts 2 BidBk A1

(a) the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement with any other bidder, competitor, or potential competitor for the purpose of restricting competition in any way related to those prices

(b) unless otherwise required by law, the bidder has not knowingly disclosed the prices that have been quoted in this bid directly or indirectly to any other bidder, competitor, or potential competitor, and will not knowingly disclose them prior to opening; and

(c) the bidder has made no attempt, and will make no attempt, to restrict competition by inducing any other person, partnership, corporation or other entity to submit, or not to submit, a bid.

4. No Councilmember or other officer or employee or person whose salary is payable in whole or in part from the City Treasury is directly or indirectly interested in this bid, in the supplies, materials, equipment, work or labor to which it relates, or in any of the potential profits of the Contract to be awarded.

5. The bidder: (a) is not in arrears to the City of New York upon debt, contract, or taxes; (b) is not a defaulter (as surety or otherwise) upon any obligation to the City of New York;

(c) has not been declared not responsible or disqualified by any agency of the City of New York or State of New York from receiving public contracts; and (d) is not aware of any pending proceeding relating to the responsibility or qualification of the bidder to receive public contracts. If there are any exceptions to the statements in this paragraph, the bidder must explain those exceptions in a separate submission.

6. With its bid, the bidder must: (a) electronically file the attached affirmation stating that it has paid all applicable City income, excise and other taxes for all years it has conducted business activities in New York City; and (b) give its tax identification number.

7. The signatory executing this document expressly warrants and represents that should this bid be accepted by the City and the Contract awarded to the bidder, the bidder and its subcontractors engaged in the Contract work:

(a) will comply with the provisions of Section 6-108 of the Administrative Code of the City of New York and the nondiscrimination provisions of Section 220a of the New York State Labor Law as more expressly and in detail set forth in the Agreement;

(b) will comply with the provisions of Section 6-109 of the Administrative Code of the City of New York in relation to minimum wages and other specifications as more expressly and in detail set forth in the Agreement;

Bronx Community Districts 9, 10 & 11 Garage 800 Zerega Avenue, Bronx, NY 10473 And Bronx Community Districts 9, 10 & 11 Garage South Lot Swing Space 530 Zerega Avenue, Bronx, NY 10473

DSNY Bid Form for Construction Contracts 3 BidBk A1

(c) have complied with the provisions of the above-mentioned laws since their respective effective dates; and

(d) will post notices to be furnished by the City, setting forth the requirements of the laws listed above, in prominent and conspicuous places in each and every plant, factory, building and structure where employees engaged in the performance of the Contract can readily view them, and will continue to keep such notices posted until the supplies, materials and equipment, or work, labor and services required to be furnished or rendered by the Contractor have been finally accepted by the City.

If the bidder does not conform to the requirements of this section, the bidder may be subject to damages (liquidated or otherwise), termination of the Contract, and suspension as a bidder for a period of three years.

8. The bidder: (a) represents that its attention has been specifically drawn to the section of the Agreement that contains the requirements of Executive Order No. 50, dated April 25, 1980, on Equal Employment Compliance; and (b) warrants that it will comply with the provisions of Executive Order No. 50. The apparent low bidder must submit the required Employment Report pursuant to Executive Order No. 50 within five days of the bid opening.

The signatory expressly warrants that the bidder will:

(a) comply with the provisions of the Agreement relating to employment practices;

and

(b) afford employees of the City of New York access to such records and to the job site as may be necessary to verify compliance with relevant rules, regulations, and orders.

9. Bidders must submit their bids upon the following express conditions, which apply to and become part of every bid received:

(a) Bidders must satisfy themselves as to the accuracy of their Unit Prices, Lump Sum Prices, DEP Combined Sewer Outfall (CSO) Prices, and the TOTAL OF ALL BID ITEMS (Total Bid Price) for all Contract Work by personal examination of the location and surrounds of the proposed Contract work and by such other means as the bidder prefers. The bidder must not, at any time after submission of its bid, dispute or complain of the Engineer’s estimates, nor assert that there was any misunderstanding in regard to quantity or kind of material to be furnished or work to be done under the Contract. No bidder error or misunderstanding will affect the validity of the bid made or the Contract the successful bidder signs.

Bronx Community Districts 9, 10 & 11 Garage 800 Zerega Avenue, Bronx, NY 10473 And Bronx Community Districts 9, 10 & 11 Garage South Lot Swing Space 530 Zerega Avenue, Bronx, NY 10473

DSNY Bid Form for Construction Contracts 4 BidBk A1

(b) If the Contract calls for Unit Prices, DSNY will pay the Unit Prices the bidder gives below for the actual quantities of the Bid Items given for each item of Unit Price work the Contractor performs satisfactorily. If the Contractor bids a lump sum on an item, DSNY will pay the Contractor that lump sum for the work described. Unit Prices and the Lump Sum Prices must cover all costs of the work, labor, material, tools, plant, and equipment that may be necessary to complete the entire Contract as specified and to remove all debris, temporary work and equipment. Should the quantities for any Bid Item of Contract work or materials be less than those required by the Bid Item, DSNY will pay the Contractor only for the quantities actually performed.

10. The bidder has: (1) visited the site of the Contract work and carefully examined it; and

(2) carefully examined the City Standard Construction Contract in the form approved by the Corporation Counsel; along with all other documents that are incorporated into this Contract. In strict conformity with the Contract, the bidder will, if awarded the Contract:

(a) execute the Contract, (b) perform all Contract requirements and conditions;

(c) furnish all the work, materials, supplies, tools and appliances that may be required;

and (d) provide all labor required to expeditiously perform the Contract work.

11. Unit Price Bid Items: For Contracts that have individual bid items to be performed upon DSNY’s request:

(a) The Contractor must perform in accordance with the UNIT PRICE for each individual bid item for which a unit price has been requested.

(b) The Contractor must perform in accordance with the LUMP SUM BID PRICE for each individual bid item for which a lump sum price has been requested.

(c) The Contractor must perform in accordance with the ALLOWANCE for an individual bid item for which an allowance has been given.

(d) The Contractor must perform in accordance with the DEP Combined Sewer Outfall (CSO) for an individual bid item for which a lump sum price has been requested.

(e) The TOTAL OF ALL BID ITEMS (Total Bid Price) is the sum of the Total Bid Amounts for the individual bid items and will be used for bid evaluation purposes only. It is not a lump sum amount that DSNY promises to pay the Contractor.

DSNY will pay the selected Contractor for each unit price item the Contractor performs at DSNY’s request.

12. Lump Sum Bids: For Contracts that ask for a single lump sum bid without unit prices or allowances; the single lump sum bid is the TOTAL OF ALL BID ITEMS (Total Bid Price) and is the sum that DSNY will pay for satisfactory completion of all Contract work.

Bronx Community Districts 9, 10 & 11 Garage 800 Zerega Avenue, Bronx, NY 10473 And Bronx Community Districts 9, 10 & 11 Garage South Lot Swing Space 530 Zerega Avenue, Bronx, NY 10473

DSNY Bid Form for Construction Contracts 5 BidBk A1

13. The bid consists of two construction packages: CP1 and CP2. CP1 includes work associated with Demolition and Replacement of Bronx Community Districts 9, 10, & 11 Garage, located at 800 Zerega Avenue, Bronx, NY 10473 ,and CP2 is for work associated with Bronx Community Districts 9, 10, & 11 Garage Construction of South Lot Swing Space, located at 530 Zerega Avenue, Bronx, NY 10473.

[No More Text on this Page]

Page 1 of 10 – Schedule B – M/WBE Utilization Plan & PASSPort Last Updated: 7/28/2022

SCHEDULE B – M/WBE

Utilization Plan & PASSPort Modified July 2022

The M/WBE Requirements tab along with the information provided in the Subcontractors and Joint Ventures tab of the RFx encompasses a Prime Vendor’s M/WBE Utilization Plan.

Part 1: M/WBE Participation Goals

The M/WBE Participation Goals are found in the M/WBE Requirements tab of your RFx (Solicitation) response in PASSPort. Please follow the instructions below to review an RFx’s M/WBE Participation Goals in PASSPort. Please refer to the Local Law 1 Notice to All Prospective Contractors for additional information about the M/WBE program related to this solicitation.

1. Log in to PASSPort and click the pencil icon to access the RFx.

2. Click the Manage Responses tab of the RFx and click the pencil icon to access your in progress response.

3. Click the M/WBE Requirements tab. The M/WBE Requirements section will outline the goals for the RFx. The Your M/WBE Subcontracts section will list all subcontracting work that you’ve identified for certified M/WBEs. (Please see Part 2 for instructions on how to add subcontracting information in PASSPort.)

http://www.nyc.gov/passport

Page 2 of 10 – Schedule B – M/WBE Utilization Plan & PASSPort

Part 2: M/WBE Participation Plan

The M/WBE Participation Goals are found in both the M/WBE Requirements tab and the Subcontractors and Joint Ventures tab of your RFx (Solicitation) response in PASSPort. Please follow the instructions below to review an RFx’s M/WBE Participation Goals and enter information in PASSPort to meet these goals. Please refer to the Local Law 1 Notice to All Prospective Contractors for additional information about the M/WBE program related to this solicitation.

1. Log in to PASSPort and click the pencil icon to access the RFx.

2. Click the Manage Responses tab of the RFx and click the pencil icon to access your in progress response.

3. Complete all the required sections in the Your Proposal Info, Questionnaire, Item, LL34 Compliance (if required) and all other relevant tabs in your Response.

4. Be sure to complete the Item tab before the Subcontractors and Joint Ventures tab. Enter the Proposal Amount (or Bid Amount) and click Save.

Page 3 of 10 – Schedule B – M/WBE Utilization Plan & PASSPort

5. To identify your M/WBE subcontractors and joint ventures, click the Subcontractors and Joint Ventures tab and click the white box with the Subcontractors and Joint Venture text.

6. Read the instructions in the M/WBE Requirements section of this tab.

Page 4 of 10 – Schedule B – M/WBE Utilization Plan & PASSPort

7. Your own organization’s M/WBE certifications count towards the Total Participation Goals and automatically display in the field directly below the Instructions labeled as Prime Vendor M/WBE Certification. Any M/WBE participation goals that remain unmet are highlighted with red text alerts displaying to the right of the M/WBE Participation Goals table.

In this example, the Prime Vendor does not have any M/WBE Certifications displaying (the field is blank) and thus still needs to meet the requirements as indicated.

8. Any participation goal(s) your organization cannot meet through its own certification(s), must be met by identifying subcontractors and/or joint ventures with the required certifications in the Subcontractor Information and Joint Venture sections of the Subcontractors and Joint Ventures tab.

9. To add a subcontractor, click the Add Subcontractor button.

Page 5 of 10 – Schedule B – M/WBE Utilization Plan & PASSPort

10. In the Add Subcontract window, complete all the fields in both the Subcontract Information and Vendor Information sections.

Note, the Subcontractor Dollar Amount value entered will be calculated against the total Proposal Amount in the Item tab to determine the percentage towards your M/WBE Goal Participation for this RFx.

In this example, $1 million is allocated to the Subcontractor Dollar Amount which is 10% of the Proposal Amount (in the Item tab) and can count towards a Participation Goal if the subcontractor is M/WBE Certified in one of the specified goals.

11. To identify a specific M/WBE certified PASSPort Vendor, type the subcontracting vendor name in the Select PASSPort Vendor field or click the ellipsis to search for and select the vendor. Click Save.

Subcontractor Vendor

Subcontractor Vendor

Page 6 of 10 – Schedule B – M/WBE Utilization Plan & PASSPort

12. Choose the relevant M/WBE Certification from the drop-down in the Subcontract Information section of the Add Subcontract screen. Click Save and then click Close to return to the Subcontractors and Joint Ventures tab.

13. If the Subcontractor is not Filed in PASSPort or not yet identified (to be determined), click the corresponding checkbox in the Add Subcontract pop-up window. Be sure to complete all relevant fields in each section and click Save.

The example below reflects scenarios 1 or 2.

Scenarios to click this checkbox:

1: If the subcontractor has a PASSPort account, but their PASSPort Vendor Status is not Filed.

2: If the subcontractor does not have a PASSPort account.

3: A specific subcontractor was not yet identified by your organization, and this serves as a placeholder to meet a specific participation goal.

Page 7 of 10 – Schedule B – M/WBE Utilization Plan & PASSPort

14. Choose the applicable M/WBE Certification from the drop-down to meet the corresponding Participation Goal for the subcontractor. Click Save and then Close to return to the Subcontractors and Joint Ventures tab.

15. If you are submitting on behalf of a joint venture, click Add Joint Venture in the Subcontractors and Joint Ventures tab.

16. To identify a specific M/WBE certified PASSPort Vendor, type the vendor name of the joint venture partner entity in the Select PASSPort Vendor field or click the ellipsis to search for and select the vendor. Click Save.

Page 8 of 10 – Schedule B – M/WBE Utilization Plan & PASSPort

17. Complete the remaining fields in the Add Vendor section of the Joint Venture pop-up and click Save.

18. PASSPort automatically populates the Total amount covered by the joint venture based on the Ownership % entered compared to the Proposal Amount (see Item tab).

In this example, the joint venture partner entity selected has 60% ownership which calculates here to equal $6 million in total of the full $10 million Proposal Amount.

Fancy HVAC

Fancy HVAC

Page 9 of 10 – Schedule B – M/WBE Utilization Plan & PASSPort

19. Once participation goals are met and all alerts are addressed, the alerts will disappear from the tab.

For vendors with multiple M/WBE certifications, please note that only one certif ication can be entered at a time. To add an additional certif ication, please repeat the Add Subcontractor or Add Joint Venture steps to meet additional participation goals.

If any information entered requires updating in an added Subcontractor or Joint Venture record, delete the record by clicking the trash icon and add it again with the updated information.

Part 3: Submitting a Request for Waiver of M/WBE Participation Requirement

Please review the instructions to submit a request for waiver of the M/WBE participation requirement. A copy of the blank form (3 pages) can be found at the end of this document with the linked Vendor Contract History Excel template on the first page of the form.

Follow these steps to submit a Waiver Request to the Agency:

1. Log in to PASSPort and click the pencil icon to access the RFx.

2. From the View RFx tab, download the Schedule B form and complete Part 3.

3. Navigate to the Discussion with Buyer tab and click the Compose button to start a draft message to the Agency.

Note: Be sure to Acknowledge the RFx prior to completing step 9.

4. Click the Type drop-down and select Clarification.

5. Type a subject in the Subject field such as “Schedule B Waiver Submission”.

6. Select Agency Contact from the To field drop-down.

7. Type your message in the text area.

8. Attach the completed Schedule B – Part 3 form and the completed Vendor

Contract History Excel document by clicking the Click or Drag to add files button.

https://www1.nyc.gov/assets/mocs/downloads/excel/Vendor_Contracting_History.xlsx

Page 10 of 10 – Schedule B – M/WBE Utilization Plan & PASSPort

9. Click the Send button to submit your message and its attachments to the Agency Contact.

10. The Agency will review the waiver and the result of the Agency’s waiver determination will be reflected in PASSPort in both the M/WBE Requirements tab and the Subcontractor and Joint Ventures tab of your RFx response. For additional information, refer to the Local Law 1 Notice to All Prospective Contractors.

SCHEDULE B – Part 3 Request for Waiver of M/WBE Participation Requirement

Vendor Contract History Using the linked Excel template, list all contracts (for City and Non-City work) performed within the last 3 years and provide the requested information for each contract.

From the list of all contracts, provide reference information below for the 5 most relevant contracts in size, scale and scope (performed for New York City or any other entity) to the bid or proposal for which you are submitting this waiver request. Provide the requested information for each subcontract awarded during the life of the listed reference contract.

Please make sure to highlight the 5 reference contracts provided below among the comprehensive list of all your contract awards within the attached Excel template.

Reference 1 Agency/Organization Contract #

Reference Contact Telephone Email

Contract Start Date Contract End Date Total Contract Value $

Prime Contract description

Did the vendor perform as a Prime Contractor or as a Subcontractor? �Prime Contractor �Subcontractor

Was the Prime Contract subject to any Goals? City M/WBE Goals State Goals Federal Goals No Applicable Goals

Did the Prime Contractor meet Goal requirements? Yes No N/A

If the Prime Contractor did not meet Goal requirements or contract is still ongoing, please explain

If you performed as the Prime Contractor, please provide a description and value of all work subcontracted to other vendors.

Percentage of total contract value subcontracted to other vendors %

If you performed as the Subcontractor, please provide a description and value of work areas you self-performed.

FMS Vendor ID#

Contact Name

Telephone

Bid/Proposal Due Date

Basis for Waiver Request: Check appropriate box & explain in detail below (attach additional pages if needed)

�Vendor does not subcontract services, and has the capacity and good faith intention to perform all such work itself with its own employees.

�Vendor subcontracts some of this type of work but at a lower % than bid/solicitation describes, and has the capacity and good faith intention to do so on this contract. Identify your subcontracting plan in the vendor certification section below.

�Vendor has other legitimate business reasons for proposing the M/WBE Participation Goal requested here.

Explain under separate cover.

For information or assistance, please contact your contracting City Agency

M/WBE Participation Goals for Services Defined by AGENCY in bid/ solicitation documents Percent of the total contract value to be subcontracted to M/WBE vendors for services and/or credited to an M/WBE Qualified Joint Venture.

Unspecified %

Black American %

Hispanic American %

Native American %

Asian American %

Women %

Total Participation Goals %

Proposed by VENDOR seeking waiver Percent of the total contract value anticipated in good faith by the bidder/ proposer to be subcontracted to M/WBE businesses for services. Or if M/WBE Qualified Joint Venture, percent of total contract value anticipated to be credited to M/WBE vendor(s).

Unspecified %

Black American %

Hispanic American %

Native American %

Asian American %

Women %

Total Participation Goals %

06/2021 https://www1.nyc.gov/assets/mocs/downloads/excel/Vendor_Contracting_History.xlsx

For information or assistance, please contact your contracting City Agency

Reference 2 Agency/Organization Contract #

Reference Contact Telephone Email

Contract Start Date Contract End Date Total Contract Value $

Prime Contract description

Did the vendor perform as a Prime Contractor or as a Subcontractor? �Prime Contractor �Subcontractor

Was the Prime Contract subject to any Goals? City M/WBE Goals State Goals Federal Goals No Applicable Goals

Did the Prime Contractor meet Goal requirements? Yes No N/A

If the Prime Contractor did not meet Goal requirements or contract is still ongoing, please explain

Reference 3 Agency/Organization Contract #

Reference Contact Telephone Email

Contract Start Date Contract End Date Total Contract Value $

Prime Contract description

Did the vendor perform as a Prime Contractor or as a Subcontractor? �Prime Contractor �Subcontractor

Was the Prime Contract subject to any Goals? City M/WBE Goals State Goals Federal Goals No Applicable Goals

Did the Prime Contractor meet Goal requirements? Yes No N/A

If the Prime Contractor did not meet Goal requirements or contract is still ongoing, please explain

If you performed as the Prime Contractor, please provide a description and value of all work subcontracted to other vendors.

Percentage of total contract value subcontracted to other vendors %

If you performed as the Subcontractor, please provide a description and value of work areas you self-performed.

If you performed as the Prime Contractor, please provide a description and value of all work subcontracted to other vendors.

Percentage of total contract value subcontracted to other vendors %

If you performed as the Subcontractor, please provide a description and value of work areas you self-performed.

06/2021

I hereby affirm that the information supplied in support of this waiver request is true and correct, and that this request is made in good faith. I further affirm that the work that I did not list as work that will be subcontracted on this contract for which I am submitting this waiver request is work that I have performed on past contracts and will not subcontract if awarded this contract.

Signature Date

Print Name Title

�Partial Waiver Approved with Revised Participation Goals

Unspecified %

Black American %

Hispanic American %

Native American %

Asian American %

Women %

Total Revised Goals %

Approvals (for Agency completion only)

ACCO Signature Date

CCPO Signature Date

Waiver Determination

�Full Waiver Approved

Waiver Denied

Vendor Certification Identify/list all the work areas you intend on subcontracting on the current anticipated contract for which you are submitting this waiver request.

Reference 4 Agency/Organization Contract #

Prime Contract description

If the Prime Contractor did not meet Goal requirements or contract is still ongoing, please explain

Reference 5 Agency/Organization Contract #

Prime Contract description

If the Prime Contractor did not meet Goal requirements or contract is still ongoing, please explain

If you performed as the Prime Contractor, please provide a description and value of all work subcontracted to other vendors.

Percentage of total contract value subcontracted to other vendors %

If you performed as the Prime Contractor, please provide a description and value of all work subcontracted to other vendors.

Percentage of total contract value subcontracted to other vendors %

If you performed as the Subcontractor, please provide a description and value of work areas you self-performed.

If you performed as the Subcontractor, please provide a description and value of work areas you self-performed.

PLA FORM ONLY-- BIDDER'S IDENTIFICATION OF PLA SUBCONTRACTORS (12-2011)

I hereby intend to use the following subcontractors (if any trade is not applicable, so note). If Bidder will be doing any of the below referenced work with its own forces, the Bidder should complete this form using its own name. If multiple subcontractors for any trade are proposed, bidder may submit multiple copies of this form.

Please Note: Bidder may satisfy any required M/WBE Subcontractor Participation Goals (stated in Schedule B) by proposing one or more subcontractors that are M/WBEs for any portion of the work to be performed by the below trades if the amount to be awarded to such M/WBE subcontractor is under $1 million. If any of the work in the trade categories below is split between two or more subcontractors, provide a description of the work to be performed by each subcontractor.

1. PLUMBING AND GAS FITTING CONTRACTOR(S): Description of plumbing work for each sub if split

(Print Name)

Agreed amt. to be paid to subcontractor: $_

(Print Name)

Agreed amt. to be paid to subcontractor: $_

(Print Name)

Agreed amt. to be paid to subcontractor: $_

2. HVAC CONTRACTOR(S): Description of HVAC work for each sub if split

(Print Name)

Agreed amt. to be paid to subcontractor: $_

(Print Name)

Agreed amt. to be paid to subcontractor: $_

(Print Name)

Agreed amt. to be paid to subcontractor: $_

3. ELECTRICAL CONTRACTOR(S): Description of electrical work for each sub if split

(Print Name)

Agreed amt. to be paid to subcontractor: $_

(Print Name)

Agreed amt. to be paid to subcontractor: $_

(Print Name)

Agreed amt. to be paid to subcontractor: $_

(Bidder’s Signature) (Print Name)

(Address)

(Title) (Phone #) (Fax #) (Date)

PLA CONTRACTS ONLY Construction Contract BidBk A4

Page 1 of 3 BID BOND

Bid Bond No.___________________

Include when Payment and Performance Bonds will be Required

BID BOND

KNOW ALL MEN BY THESE PRESENTS. that we_________________________ , ____________________________ hereinafter referred to as the "PRINCIPAL", and ___________________________________________ hereinafter referred to as the "SURETY" are held and firmly bound to THE CITY OF NEW YORK, hereinafter referred to as the "CITY, or to its successors and assigns, in the penal sum of ($________________________) Dollars, lawful money of the United States, for the payment of which said sum of money well and truly to be made, we, and each of us, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal is about to submit (or has submitted) to the City the accompanying bid, hereby made a part hereof, to enter into a written contract for:

NOW, THEREFORE the conditions of this obligation are such that if the Principal shall not withdraw said bid without the consent of the City for a period of forty-five (45) days after the opening of bids and, in the event of acceptance of the Principal's bid by the City, if the Principal shall:

A. within ten (10) days after notification by the City, execute in triplicate and deliver to the

City all the executed counterparts of the contract in the form set forth in the Contract Documents, in accordance with the bid as accepted, and

B. furnish a performance bond and separate payment bond, as may be required by the City for the faithful performance and proper fulfillment of such Contract, which bonds shall be satisfactory in all respects, and

C. in all respects perform the agreement created by the acceptance of said bid as provided in the Instructions to Bidders, bound herewith and hereby made a part hereof, or if the City shall reject the aforesaid bid, then this obligation shall be null and void; otherwise to remain in full force and effect.

In the event that the bid of the Principal shall be accepted and the Contract be awarded to it, the Surety hereunder agrees, subject only to the payment by the Principal of the premium therefor, if requested by the City, to write the aforementioned performance and payment bonds in accordance with the Contract Documents.

(as of 1-15-15) PLA-BidBk A3

Page 2 of 3 BID BOND

Include when Payment and Performance Bonds will be Required

It is expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.

There shall be no liability under this bond if in the event of the acceptance of the Principal's bid by the City, either a performance bond or a payment bond, or both, shall not be required by the City on or before the 30th day after the date on which the City signs the Contract.

The Surety, for value received, hereby stipulates and agrees that the obligations of the Surety and its bond shall in no way be impaired or affected by any postponements of the date upon which the City will receive or open bids, or by any extending of the time within which the City may accept the Principal's bid, or by any waiver by the City of any of the requirements of the Information for Bidders; and the Surety hereby waives notice of any such postponements, extension, or waivers.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers the ___ day of _________________, 20 (Seal) __________________________________________________ (L.S.)

Principal By: __________________________________________________

(Seal) __________________________________________________ Surety

By: __________________________________________________

(Seal) ___________________________________________________ Surety

By: __________________________________________________

Bonding Company Representative Contact Information

Name: ________________________________________________________

Address: ______________________________________________________

Phone Number: ____________________________

Page 3 of 3 BID BOND

Include when Payment and Performance Bonds will be Required

Acknowledgment of Principal if a Corporation, or of General Partner if a Partnership

State of ___________________________) ss.:

County of __________________________)

On this __________________ day of ________________________, 20 ______ before me personally appeared __________________________________________________________________________ to me known, who, being by me duly sworn, did depose and say that s/he resides at

(Use the following for a Corporation) that s/he is the _______________________________ of _______________________________________________ the corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the directors of said corporation, and that s/he signed his name thereto by like order

(Use the following for a Partnership) to me known and known to me as one of the members of the firm of

___________________________________________________________________________ described in and which executed the foregoing instrument and s/he acknowledged to me that s/he executed the same as and for the act and deed of said firm.

Notary Public or Commissioner of Deeds

Each executed bond should be accompanied by (a) appropriate acknowledgments of the respective parties; (b) appropriate duly certified copy of Power of Attorney or other certificate of authority where bond is executed by agent, officer or other representative of Principal or Surety; (c) a duly certified extract from By-Laws or resolutions of Surety under which Power of Attorney or other certificate of authority of its agent, officer or representative was issued, and

(d) duly certified copy of latest published financial statement of assets and liabilities of Surety.

Affix Acknowledgments and Justification of Surety.

BID DOCUMENTS

SECTION B

DOCUMENTS, FORMS, AND

ADDITIONAL INFORMATION THAT MAY

BE REQUIRED FROM THE APPARENT

SUCCESSFUL BIDDER

AFTER BID OPENING

1. DSNY may request one or more bidders to submit additional documentation or attend interview(s) that will be used to evaluate the bidder and the bid submission.

2. The bidder must comply with this request promptly, or DSNY may reject the bid.

(as of 1-15-15) PLA-BidBk Section B Cover Page

Procurement and Sourcing Solutions Portal (PASSPort) Disclosure Filing (formerly known as Vendor Information Exchange System (VENDEX) Forms or Certificate of No Change)

All organizations intending to do business with the City of New York must complete the disclosure process in order to be considered for award of a contract. This disclosure process was formerly completed using Vendor Information Exchange System (VENDEX) paper-based forms.

The City of New York has now moved collection of vendor disclosure information online. In anticipation of awards, potential bidders must create online accounts in the new Procurement and Sourcing Solutions Portal (PASSPort) and file all disclosure information. Paper submissions, including certifications of no changes to existing VENDEX packages, will not be accepted in lieu of complete online filings. Any reference to VENDEX in the Information for Bidders should be deemed to be a reference to PASSPort; the VENDEX questionnaire no longer applies and will not be accepted by the Mayor’s Office of Contract Services. For more information about PASSPort, please visit nyc.gov/passport.

2025 NYC AGENCY CITYWIDE RENOVATION & NEW CONSTRUCTION PLA

Execution Copy 9.26.25

Exhibit A

Project Labor Agreement - Letter of Assent

Dear: ______________

The undersigned party confirms that it agrees to be a party to and be bound by the New York Agency, Project Labor Agreement as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms. The terms of the Project Labor Agreement, its Schedules, Addenda and Exhibits are hereby incorporated by reference herein.

The undersigned, as a Contractor or Subcontractor (hereinafter Contractor) on the Project known as the 2025 NYC Agency Citywide Renovation & New Construction PLA and located at _________________________ (hereinafter PROJECT), for and in consideration of the award to it of a contract to perform work on said PROJECT, and in further consideration of the mutual promises made in the Project Labor Agreement, a copy of which was received and is acknowledged, hereby:

(1) Accepts and agrees to be bound by the terms and conditions of the Agreement, together with any and all schedules; amendments and supplements now existing or which are later made thereto:

(2) Agrees to be bound by the legally established collective bargaining agreements;

local trust agreements for employee benefit funds; and trust documents for joint apprentice programs as well as apprentice program rules and procedures but only to the extent of Program Work and as required by the PLA.

(3) Authorizes the parties to such local trust agreements to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor but only to the extent of Program Work as required by the PLA.

(4) Certifies that it has no commitments or agreements that would preclude its full and complete compliance with the terms and conditions of said Agreement. The Contractor agrees to employ labor that can work in harmony with all other labor on the Project and shall require labor harmony from every lower tier subcontractor it has engaged or may engage to work on the Project. Labor harmony disputes/issues shall be subject to the Labor Management Committee provisions.

(5) Agrees to secure from any Contractor(s) (as defined in said Agreement) which is or becomes a Subcontractor (of any tier), to it, a duly executed Agreement to be Bound in from identical to this document.

Provide description of the Work, identify craft jurisdiction(s) and all contract numbers below:

Local Union: ___________________________________________________________________

Description of Work: _____________________________________________________________

Contract Number(s): _____________________________________________________________

2025 NYC AGENCY CITYWIDE RENOVATION & NEW CONSTRUCTION PLA

Execution Copy 9.26.25

Dated: ________________________ (Name of Contractor or Subcontractor)

(Name of CM; GC; Contractor or (Authorized Officer & Title) Higher Level Subcontractor) (Address) (Signature) (Phone) (Fax)

Contractor’s State License

Sworn to before me this ____ day of ______________, Notary Public

DESCRIPTION OF

THE BIDDER’S FINANCIAL DOCUMENTATION TO BE SUBMITTED TO

THE NEW YORK CITY DEPARTMENT OF SANITATION

If required by DSNY, the apparent low, responsive, responsible bidder must submit the financial information described below. Other bidders may also be requested to submit this documentation:

1. Audited Financial Statements: Financial statements (Balance Sheet and Income

Statement) of the entity submitting the bid, as audited by an independent auditor licensed to practice as a certified public accountant (CPA). Audited financial statements for the three most recent fiscal years must be submitted. Each such financial statement must include the auditor's standard report.

2. Unaudited Financial Statements: If the bidder does not have audited financial statements, it must submit an affidavit attesting to the fact that the bidder does not have such statements. In addition, the bidder must submit the following documentation covering the three most recent fiscal years:

a. signed federal tax returns;

b. unaudited financial statements; and

c. a "certified review letter" from a certified public accountant (CPA) verifying the unaudited financial statements.

3. Older Financial Statements: If the most recent audited or unaudited financial statement was issued more than ninety (90) days before DSNY’s request for the financial statement, DSNY may request the bidder to submit interim financial information that includes data on financial position and results of operation (income data) for the current fiscal year. Such information may be summarized on a monthly or quarterly basis or at other intervals.

4. Aged Accounts Receivable: A Schedule of Aged Accounts Receivable, including portion due within ninety (90) days of submission to DSNY.

(as of 1-15-15) 1 PLA-BidBk B4

DSNY EXPERIENCE QUESTIONNAIRE

(as of 6-4-18) Page 1 of 6 PLA-BidBk B5

Construction Package 1 (CP1) Demolition and Replacement of Bronx Community Districts 9, 10 & 11 Garage

800 Zerega Avenue, Bronx, NY 10473 AND Construction Package 2 (CP2) Bronx Community Districts 9, 10 & 11 Garage South Lot Swing Space 530 Zerega Avenue, Bronx, NY

10473

E-PIN: 82726B0005

PART I:

1. If the bidder is an individual or a sole proprietorship (i.e., a company that is not incorporated and does business under the name of a person having ownership interest or under an assumed name, “doing business as” name, or trade name), complete only this Section 1 (of this Part I):

Name of submitting person or entity: ______________________________________________________

D/B/A or Trade Name (if different):________________________________________

Main Office Address: _________________________________________________________________

Mailing Address (if different): __________________ _________________________________________

Local Office (if main office is not in NYC):__________________________________________________

Business telephone number(s):____________________________ Fax Number:__________________

Electronic Addresses: Website______________________ Email Address:_______________________

Tax ID Number or SSN(s) of all Principals:_________________________________________________

Authorized to conduct business in New York State?__________________________________________

List the name and address of each person or entity having a “beneficial interest”1 of 10 percent or more in the business of the bidder, and describe the nature and percentage of the beneficial interest:

1 “Beneficial Interest” means profit, benefit or advantage resulting from a business regardless of whether the person who enjoys such profit, benefit or advantage holds formal ownership or title in the business.

Page 2 of 6 Construction Contract BidBk B5

2. If the bidder is a partnership or limited liability company, complete this Section 2 as well as Section 1 (of Part I):

Check one: ____________ General Partnership

____________ Limited Partnership (L.P.)

____________ Limited Liability Partnership (L.L.P.)

____________ Limited Liability Company (L.L.C.)

Formed under the laws of the State of:____________________________________________________

Formed in what year?_________________________________________________________________

List below the name and residence or main office address of each member of the partnership or LLC and indicate if a General Partner or Managing Member:

Name of Member Type of Legal Entity Residence/Office Address (e.g., corporation, LLC, individual, etc.)

3. If the bidder is a joint venture, complete this Section 3 as well as Section 1 (of Part I):

List below the requested information for each member of the joint venture:

Name of Member Type of Legal Entity Residence/Office Address (e.g., corporation, partnership, LLC, sole proprietorship, etc.)

Is the joint venture itself constituted as a formal legal entity (e.g., a LLC)?_________________________

If not, is there a written joint venture agreement?____________________________________________

Date of formation of joint venture:________________________________________________________

4. If the bidder is a corporation, complete this Section 4 as well as Section 1 (of Part I):

Organized under the laws of the State of:…