SPEC No 5790 - Quaker Ridge Road Concrete Pavement Rehab - Contract Documents - Final 5-2-25.pdf

Department of Public Works 515 North Avenue New Rochelle, NY 10801

(914) 654-2131

Alvaro Alfonso-Larrain, P.E.

Department of Public Works Commissioner

City of New Rochelle, New York

DEPARTMENT OF PUBLIC WORKS

CONTRACT DOCUMENTS

FOR

QUAKER RIDGE ROAD CONCRETE PAVEMENT

REHABILITATION PROJECT

DPW PROJECT #25-037

SPEC # 5790

May 1, 2025

Submitted in accordance with the Highway Law and Standard Specifications officially finalized and adopted on January 1, 2025 as posted on the New York State Department of

Transportation website.

dperagin Text Box May 2, 2025

TABLE OF CONTENTS

PAGES

INVITATION TO BIDDERS 2

SCOPE OF WORK 3

SCHEDULE A 4 - 5

INSURANCE REQUIREMENTS 6 - 9

SECTION A – INSTRUCTIONS TO BIDDERS A1 - A19

1. PROCEDURES OF SUBMITTING A BID A1 - A3

A. CONTENTS A1

B. EXAMINATION OF PLANS, SPECIFICATIONS, ADDENDA, ETC A1

C. BIDDING TIME AND FORM A1

D. BID TO COVER EVERY ITEM A1

E. CERTIFIED CHECK, CASHIER’S CHECK, BID BOND or CASH A2 F. APPROXIMATE ESTIMATES of QUANTITIES A2

G. CONSTRUCTION CONDITIONS A3

H. TIME FOR COMPLETION A3

I. REJECTION OF BIDS A3

2. CONDITIONS TO BE MET BY SUCCESSFUL BIDDER A4 - A19

A. COMPLIANCE WITH CONTRACT PROVISIONS A4

B. COMPLIANCE WITH LABOR AND OTHER LAWS A4

C. INSURANCE REQUIRED A4

D. BOND REQUIRED A4

E. BIDDER TO BE COMPETENT A5

F. AWARD OF CONTRACT A5

G. NOTIFICATION TO CONTRACTOR - EEO A5

H. NONDISCRIMINATION AND EEO POLICY STATEMENT A6 – A10

I. NYS AFFIRMATIVE ACTION REQUIREMENTS A11 – A19

SECTION B – BIDDER’S PROPOSAL B1 – B12

SCHEDULE OF VALUES B10 – B-12

SECTION C – GENERAL CONDITIONS OF THE CONTRACT C1 – C43

SECTION D – EXECUTION OF CONTRACT D1 – D5

SECTION E – FORM OF BONDS E1 – E4

SECTION F – PREVAILING WAGE RATES F1

SECTION G – TECHNICAL SPECIFICATIONS G1

PROJECT PLANS

(REVISED 03/2025)

INVITATION TO BIDDERS

CITY OF NEW ROCHELLE, NEW YORK

DEPARTMENT OF PUBLIC WORKS

QUAKER RIDGE ROAD CONCRETE PAVEMENT REHABILITATION PROJECT

DPW PROJECT No. 25-037, SPEC NO. 5790

1. Sealed bids will be received by the Purchasing Department no later than Wednesday, May 28th, 2025 at 3:00 PM. All vendors are encouraged to submit sealed bids via mail to the mailing address shown below:

Purchasing Department 515 North Avenue

New Rochelle, NY 10801

Bid envelopes shall be plainly marked “QUAKER RIDGE ROAD CONCRETE PAVEMENT REHABILITATION PROJECT Bid Project No. 25-037.”

Bids will be publicly open at the Ground Floor Purchasing Office at 3:00 PM on Wednesday, May 28th, 2025.

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

3. Copies of Contract Documents are available for direct download from the City’s website at http://www.newrochelleny.com/bids.aspx under the Bid Opportunities beginning on Friday, May 2nd, 2025. No fee is associated when obtaining copies of Contract Documents. Addendums and response to questions are posted to the City’s website as well. It shall be the bidders responsibility to check for Addendums.

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

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

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

7. The City may award multiple contracts to different vendors for the Citywide Pav ing and Streets Improvements Project for the year 2025 based on the lowest responsive and responsible bids as determined by City.

8. Any questions must be submitted via email to Karin Conca at kconca@newrochelleny.com – (Reference 25-037 & Spec #5790 on the subject line). All questions must be turned in by Wednesday, May 14th, 2025. Answers to questions will be posted by Wednesday, May 21st, 2025 on the City’s website.

9. General Conditions – Referenced in Contract Bid Documents:See Schedule “A”, attached.

10. Insurance Requirements & Endorsements – Referenced in Contract Bid Documents Section C:

See Schedule “A”, attached.

Spec # 5790 .

http://www.newrochelleny.com/bids.aspx mailto:kconca@newrochelleny.com

SCOPE OF WORK

IN THE CITY OF NEW ROCHELLE, NEW YORK

DPW No. 25-037 SPEC. No. 5790

The City of New Rochelle, NY is rehabilitating the concrete between Van Meter Fens and Weaver Street. The existing concrete pavement is deteriorating and needs repairs. Full-depth repair and partial-depth concrete patches are to be performed by the Contractor along with ancillary work.

Construction will be completed in two stages utilizing work zones with lane closures.

Additional areas of pavement rehabilitation may be added to the contract at the discretion of the City, if funding is available. A minimum of one lane for each direction of traffic shall remain open throughout the project. The work week shall be considered Monday through Saturday and conform to daylight hours and the noise ordinance. (M-F 8AM-7PM, Sat 10AM-5PM)

The Contractor is advised that time is of the essence and the City requires that the work and lane closures be completed prior to the start of the local school year. The Contractor shall coordinate their activities and any sub-contractors to complete the work efficiently.

The use of extended hours and Saturdays is at the Contractor’s discretion and shall not be considered extra work. No additional payments for working extended hours or Saturdays will be permitted.

The Contractor shall comply with the Specifications, Contract Drawings and the City Code, and adhere to all current regulations of NYSDOL, NYSDOB, OSHA and all other involved regulatory authorities having jurisdiction.

Any staging and storage of equipment and material is to be coordinated with the City’s Engineer. The Contractor is responsible as to the security, maintenance and placement of material and equipment on a daily basis.

Compliance to contract documents, all notes, and details is required.

SCHEDULE “A” TO THE GENERAL AGREEMENT

DPW Project No. 25-037, Spec. No. 5790

Project Name: Quaker Ridge Road Concrete Pavement Repairs

Reference Item Requirement

Information for Bidders Bid Security 5% Bid Amount

Information for Bidders Performance Security 100% of Contract Amount

Agreement (Article 8) Time for Completion Total Consecutive Calendar Days: 60

Agreement (Article 8) Liquidated Damages For Each Consecutive Calendar Day Over Completion Time

$ (500)

Agreement (Article 14) Subcontracts Not to Exceed 49% of the Contract

Agreement (Article 22) Insurance See below and attached

Agreement (Article 21) Maintenance 2% of the Contract Amount

** Certificates of Insurance to be provided upon award

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

(x) New York State Disability Statutory

(x) Worker's Compensation Statutory

(x) Employer's Liability $1,000,000 each accident

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

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

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

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

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

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

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

( ) Excess Insurance ( ) Other

(x) Additional Named Insured:

City of New Rochelle, its officials, employees and agents, Barton & Loguidice, D.P.C.

( ) Other

INSURANCE REQUIREMENTS

A. General Requirements

1. Prior to the commencement of Work, the Contractor shall procure and maintain, at its own cost and expense, the types and amounts of insurance indicated in Schedule A of the General Agreement. Such insurance shall be maintained through the date of completion of all required Work. The City reserves the right to increase or decrease the required insurance during the Contract.

2. All insurance required by the Contract shall be obtained at the sole cost and expense of the Contractor;

shall be maintained by insurance carriers licensed and admitted to do business in New York State and acceptable to the City; shall be primary and non-contributory to any insurance or self-insurance available to the City; and shall be endorsed to provide written notice be given to the City at least thirty (30) days prior to the cancellation, non-renewal, or material alteration of such policies.

3. The Contractor shall be solely responsible for the payment of all premiums, deductibles and self-insured retentions to which such policies are subject. Deductibles and self-insured retentions must be approved by the City. Such approval shall not be unreasonably withheld. The City reserves the right to withhold portion of payment until the deductible is satisfied.

4. All required insurance policies shall be maintained with companies that have an A.M. Best rating of an A/VII, unless prior written approval is obtained from the City’s Corporation Counsel. If, during the term of the policy an insurer’s rating falls below A/VII, the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the City.

5. The Contractor shall not take any action or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect.

6. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply the City updated replacement certificates of insurance and amendatory endorsements.

8. All insurance policies must be open to inspection and copying by the City upon written request.

B. Workers’ Compensation, Employers’ Liability, and Disability Benefits Insurance

1. The Contractor shall provide, and shall cause its Subcontractors to provide, Workers’ Compensation

Insurance, Employers’ Liability Insurance, and Disability Benefits Insurance in accordance with the Laws of the State of New York on behalf of all employees providing services under the Contract. Pursuant to General Municipal Law Section 108, this Contract shall be void and of no effect unless the Contractor maintains Workers’ Compensation Insurance for the term of this Contract to the extent required and in compliance with the New York State Workers' Compensation Law.

2. For Workers’ Compensation Insurance, the Contractor shall submit one of the following forms: C-105.2 Certificate of Workers’ Compensation Insurance; U-26.3 - State Insurance Fund Certificate of Workers’

Compensation Insurance; Request for WC/DB Exemption (Form CE-200); equivalent or successor forms used by the New York State Workers’ Compensation Board; or other proof of insurance in a form acceptable to the Commissioner and the City Corporation Counsel. For Disability Benefits Insurance, Contractor shall submit DB-120.1 - Certificate of Insurance Coverage Under the NYS Disability Benefits Law; Request for WC/DB Exemption (Form CE-200); equivalent or successor forms used by the New York State Workers' Compensation Board; or other proof of insurance in a form acceptable to the Commissioner and City Corporation Counsel. ACORD forms are not acceptable.

4. The Contractor shall procure Employer's Liability Insurance affording compensation for all employees providing labor or services for whom Workers’ Compensation coverage is not a statutory requirement.

C. Commercial General Liability Insurance

1. The Contractor shall provide Commercial General Liability Insurance (“CGL”), written on a per occurrence form and subject to limits specified in Schedule A, covering claims for bodily injury (including death), personal and advertising injury, and property damage, which may arise from any of the operations under this Contract. Coverage under this insurance shall be written on the latest edition of Insurance Services Office (“ISO”) Form CG 00 01 or a substitute form providing equivalent coverage and shall cover liability including Premises Operations; Independent Contractors and Subcontractors; Products and Completed Operations; Broad Form Property Damages; Contractual Liability (including the tort liability of another assumed in a contract); and Explosion, Collapse and Underground (XCU).

2. Policies shall name the Contractor as Named Insured and the City of New Rochelle, it officials, employees and agents (and all other entities designated as additional insureds in Schedule A) as Additional Insureds for claims arising from the Contractor’s operations under the Contract, with coverage at least as broad as the latest edition of ISO Form CG 20 26 or its equivalent.

3. Products and Completed Operations Coverage shall include a provision that coverage will extend for a period of at least twelve (12) months from the date of final completion and acceptance by the City of all Contractor Work and provide coverage at least as broad as the latest edition of ISO Form CG 20 37 or its equivalent.

D. Commercial Automobile Liability Insurance. The Contractor shall provide Commercial Automobile Liability Insurance for liability arising out of the ownership, maintenance or use of any owned, non-owned and hired vehicles to be used in connection with this Contract, on which the City of New Rochelle, its officials, employees and agents (and all other entities designated as an additional insured in Schedule A) shall be named as an Additional Insured. Coverage shall be at least as broad as the latest edition of ISO Form CA 00 01. If vehicles are used for transporting hazardous materials, the Automobile Liability Insurance shall be endorsed to provide pollution liability broadened coverage for covered vehicles (endorsement CA 99 48) and proof of MCS 90.

E. Construction Insurance

1. Builder’s Risk Insurance. If specified in Schedule A of the General Agreement, the Contractor shall provide Builders Risk Insurance on a completed value form for the total value of the Work through completion of the Work. Such insurance shall be provided on an All Risk basis and include, without limitation, coverage for windstorm (including named windstorm), storm surge, flood and earth movement.

Unless waived by Corporation Counsel, it shall include coverage for ordinance and law, demolition and increased costs of construction, debris removal, pollutant clean up and removal, and expediting costs. Such insurance shall cover, without limitation, (a) all buildings and/or structures involved in the Work, as well as temporary structures at the Site, and (b) any property that is intended to become a permanent part of such building or structure, whether such property is on the Site, in transit or in temporary storage. Policies shall name the Contractor as Named Insured and the City as both an Additional Insured and a Loss Payee as its interest may appear. Such policies shall specify that, in the event a loss occurs at an occupied facility, occupancy of such facility is permitted without the consent of the issuing insurance company. Such insurance may be provided through an Installation Floater, at the Contractor's option, if it otherwise conforms with the requirements herein.

2. Contractors Pollution Liability Insurance. If specified in Schedule A of the General Agreement, the Contractor shall maintain, and cause its Subcontractors doing such Work to maintain, Contractors Pollution Liability Insurance covering any environmental claims, liabilities, loss or damage, including property damage, bodily injury, disease, transporter liability and properties contaminated during transportation caused by pollution conditions that arise from the operations of the Contractor and its Subcontractors of every tier. Such insurance shall provide coverage for actual, alleged or threatened emission, discharge, dispersal, seepage, release or escape of pollutants (including asbestos), including any loss, cost or expense incurred as a result of any cleanup of pollutants (including asbestos), or in the investigation, settlement or defense of any claim, action, or proceedings arising from the operations under the Contract. Such insurance shall be in the Contractor's name and name the City of New Rochelle, its officials, employees and agents (and all other entities designated as an additional insured in Schedule A) as an Additional Insured.

Additional Insured coverage shall be at least as broad as provided to the Contractor for this Project. If such insurance is written on a claims-made policy, such policy shall have a retroactive date on or before the effective date of this Contract, and continuous coverage shall be maintained, or an extended discovery period exercised, for a period of not less than three (3) years from the time the Work under this Contract is completed.

F. Other Provisions

1. The Contractor shall file with the Resident Engineer, certificates of insurance and endorsements evidencing compliance with all of the insurance requirements contained in Schedule A to the satisfaction of the City. The Contractor shall not commence the Work unless and until all required proofs of insurance have been submitted to and accepted by the City. Acceptance and/or approval by the City does not relieve the Contractor of any obligations, responsibilities or liabilities under the Contract.

2. The Contractor shall be responsible for providing continuous insurance coverage in the manner, form, and limits required by the Contract and shall be authorized to perform Work only during the effective period of all required coverage. In the event that any of the required insurance policies lapse, are revoked, suspended or otherwise terminated, for whatever cause, the Contractor shall immediately stop all Work, and shall not recommence Work until authorized in writing to do so by the Commissioner.

3. The Contractor shall notify in writing all insurance carriers that issued potentially responsive policies of any loss, damage, occurrence, accident, claim or suit relating to any operations under the Contract (including notice to CGL carriers for events relating to the Contractor’s own employees) no later than twenty (20) days after such event. For any policy where the City is an Additional Insured, such notice shall expressly state that “this notice is being given on behalf of the City of New Rochelle as an Additional Insured as well as the Named Insured.” The Contractor shall simultaneously send a copy of such notice to the City’s Corporation Counsel. The Contractor shall at all times fully cooperate with the City with regard to such potential or actual claims or suits.

4. The Contractor shall require any Subcontractor, with regard to any operations under this Contract, to procure insurance in accordance with the requirements herein and to name the City of New Rochelle, its officials, employees and agents as an Additional Insured thereunder, with coverage at least as broad as ISO Form 20 26.

5. The Contractor waives all rights against the City, including its officials and employees, for any damages or losses that are covered under any insurance required hereunder (whether or not such insurance is actually procured or claims are paid thereunder) or any other insurance applicable to the operations of the Contractor and/or its employees, agents, or Subcontractors.

6. In the event the Contractor utilizes a self-insurance program to satisfy any of the insurance requirements hereunder, the Contractor shall ensure that any such self-insurance program provides the City with all rights that would be provided by traditional insurance, including but not limited to the defense and indemnification obligations that insurers are required to undertake in liability policies.

7. The Contractor's failure to secure policies in complete conformity with the foregoing, or to give an insurance company timely notice as required in the Contract, or to do anything else required hereunder, shall constitute a material breach of the Contract. Such breach shall not be waived or otherwise excused by any action or inaction by the City at any time. Insurance coverage provided pursuant to these requirements or otherwise shall not relieve the Contractor of any liability under the Contract, nor shall it preclude the City from exercising any rights or taking such other actions available to it under any other provisions of this Contract or Law.

8. Insurers shall have no right of recovery or subrogation against the City, it being the intention of the parties that the insurance policies so effected shall protect both parties and shall be primary coverage for any and all losses covered by the insurance described above.

9. The Contractor may satisfy its insurance obligations through primary policies or a combination of primary and excess/umbrella policies, so long as all policies provide the scope of coverage required herein and “drop down” for exhausted aggregate limits under the liability coverages referenced above.

10. The City, may at its discretion, and if approved by the City’s Corporation Counsel, accept letters of credit or custodial accounts in lieu of bonds and insurance requirements.

SECTION A

INSTRUCTIONS TO BIDDERS

I. PROCEDURES OF SUBMITTING BID

A. CONTENTS

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

B. EXAMINATION OF PLANS, SPECIFICATIONS, ADDENDA (if any) AND LOCATION

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

C. BIDDING TIME AND FORM

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

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

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

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

D. BID TO COVER EVERY ITEM

All bids must be made upon the blank form of p r o p o s a l a t t a c h e d hereto both in writing and in figures, and must be signed by the bidder. In case of any discrepancies, the written prices shall be considered the price bid.

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

(REVISED 11/2020)

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E. CERTIFIED CHECK. CA S HI E R’ S CHECK, CREDIT CARD or BID BOND

No bid will be received and deposited unless accompanied by a certified check, cashier's check. Certified or Cashier's check shall be made payable to the order of the City of New Rochelle, for the amount stated in the Notice to Bidders. BID BONDS WILL NOT BE ACCPETED Such security shall be an amount of not less than five (5%) per cent of the proposal submitted.

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

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

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

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

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

F. APPROXIMATE ESTIMATE OF QUANTITIES

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

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

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

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

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

G. CONSTRUCTION CONDITIONS

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

H. TIME FOR COMPLETION

All work included hereunder shall be fully completed within the time stated in the Scope of the Work. This time will be measured in Calendar Days from the date designated by the

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

I. REJECTION OF BIDS

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

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II. CONDITIONS TO BE MET BY SUCCESSFUL BIDDER

A. COMPLIANCE WITH CONTRACT PROVISIONS

The successful bidder will be required to comply with the provisions set forth in the Contract in regard to preference in employment and discrimination in employment, hours of work, wage rates and payment of wages, and with all other provisions of the Contract, which

Contract is attached hereto, and made a part hereof.

B. COMPLIANCE WITH LABOR AND OTHER LAWS

The successful bidder will be required to agree that bidder will comply with all the applicable provisions of the Labor Law, the Public Health Law, the Lien Law, the Workmen's

Compensation Law, the State Unemployment Insurance Law, the Federal Social Security

Law, any and all rules and regulations promulgated by the Department of Labor and/or the

Industrial Commissioner of the State of New York, any applicable Federal Law, rule or regulation, the Charter of the City of New Rochelle, any Local Laws, ordinances, resolutions, or regulations of the City of New Rochelle, and all amendments and additions thereto.

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

C. INSURANCE REQUIRED

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

Contract.

D. BOND REQUIRED

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

The bidder whose bid shall be accepted will be required to attend at the office of the

Commissioner of Public Works in person or, if a corporation, shall be represented by a duly authorized representative, with the surety offered by him/her and shall be prepared to execute the Contract and bond within ten (10) business days after a written notice from the

Commissioner of Public Works that the Contract has been awarded to him/her. In case of failure or neglect to do so may, at the option of the Commissioner, be deemed to have abandoned the Contract as in default to the City under the provisions above set forth.

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

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

E. BIDDER TO BE COMPETENT

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

F. AWARD OF CONTRACT

The City will award the Contract based upon the base bid price and consideration of ADD

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

G. NOTIFICATION TO CONTRACTOR

EQUAL EMPLOYMENT OPPORTUNITY

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

ADDITIONAL PROVISIONS

The contractor shall also maintain compliance with the following:

1) COPELAND "ANTI·KICKBACK" ACT - (18 U.S.C. 874) as supplemented in

Department of labor Regulation (29 CFR Part 3).

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

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

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

4) PREVAILING WAGE RATES - as supplied by New York State Department of

Labor.

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

COPIES OF THE ABOVE MENTIONED REGULATIONS ARE ON FILE IN THE

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

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

THE FINAL CONTRACT PACKAGE.

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

NEW ROCHELLE

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

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

1. Employment and training opportunities

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

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

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

(iii) Step Three: If the above steps have not enabled employment of Targeted Workers to perform at least 20% of the work hours on the project or contract, request referral of

Targeted Workers from the City’s First Source Center; and

(iv) Step Four: Reasonably consider workers that have been referred by the First Source

Center within five business days of request therefor.

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

First Source Center about available positions, and reasonably consider any candidates referred before hiring is complete.

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

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

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

(ii) Step Two: Consideration of Targeted Workers. The Employer shall then use standard hiring practices, including interviews, to consider all Targeted Workers referred by the

First Source Center and meeting the qualifications described in the referral request during a five-day period after initial notification, or until all open on-site jobs are filled, whichever is sooner. The Employer shall make good-faith efforts to fill all available on-site jobs with Targeted Workers. If at the conclusion of the five-day period the

Employer has been unable to fill all openings for on-site jobs with Targeted Workers, the Employer may use other recruitment methods. Employers that need to hire on an emergency basis in order to maintain operations may hire from any source immediately, but still shall notify the First Source Center about available positions, and reasonably consider any candidates referred before hiring is complete.

c. Hiring discretion. Nothing in this policy requires that any Construction Contractor or

Employer hire any particular individual. Each Construction Contractor shall have the sole discretion to judge the qualification of and to hire or decline to hire any individual referred by the First Source Center or any other source. In order to improve the first source system and the City's job training pipeline, each Employer that declines to hire a first source referral for an available position shall provide to the First Source Center a written account of reasons for rejecting such candidates.

2. Business Opportunities

a. Construction contracts

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

M/WBEs.

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

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

b. Service contracts

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

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

(ii) Service contracts shall include the requirement to submit quarterly utilization reports in a form provided by the City indicating the number and percentage of Targeted

Workers and M/WBEs employed on Public-Private Projects, with certified payroll sheets listing employees' biweekly payroll.

3. Implementation

a. This Policy applies to and shall be incorporated into all City Contracts and into contracts between the City and Developers related to Public-Private Projects. When parties referenced in this Policy engage subcontractors, tenants, and other parties to operate in

Public-Private Projects or as participants in fulfillment of City Contracts, this Policy shall be incorporated by reference into relevant contracts as a material term, enforceable by the City as a third-party beneficiary.

b. All parties with responsibilities under this Policy agree to provide information requested by the City as necessary to determine compliance with this Policy. Developers, Prime

Contractors, and Employers shall provide annual public reports regarding compliance with this Policy.

c. Developers, Construction Contractors, and Employers are subject to liquidated damages in cases of noncompliance with this Policy. Liquidated damages shall be assessed by the

City only in cases of sustained, material noncompliance, and after notice and opportunity to correct. Developers, Construction Contractors, and Employers also agree to remedies of specific performance and other contractual or equitable remedies related to compliance with this Policy.

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

4. Nondiscrimination Policy

Each Construction Contractor, Employer, and Developer shall refrain from discrimination or harassment based on race, ethnicity, national origin, gender, gender identity, sexual orientation, age, religion, disability, veteran status, or any other basis prohibited by law, in all activities in furtherance of or on site of work performed in relation to a City Contract or a

Public-Private Project. Such entities shall take active steps to ensure that all activities related to City Contracts and Public-Private Projects are conducted without discrimination or harassment on these bases by all employees and representatives.

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[INTENTIONALLY LEFT BLANK]

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CITY OF NEW ROCHELLE MONTHYEMPLOYMENT UTILIZATION REPORT

CONTRACTOR _

ADDRESS _

PROJECT _

OFFICIAL SIGNATURE AND TITLE, _

TELEPHONE NUMER

DATE SIGNED

CONSTRUCTION

TRADE TOTAL

CLASSIFICATIONS EMPLOYEES

BLACK HISPANIC FEMALE

MINORITY

PERCENTAGE

FEMALE

PERCENTAGE

Journey Worker

APPRENTICE

TRAINEE

,SUB·TOTAL

Journey Worker

APPRENTICE

TRAINEE

SUB·TOTAL

Journey Worker

APPRENTICE

TRAINEE

SUB·TOTAL

Journey Worker

APPRENTICE

TRAINEE

SUB·TOTAL ,

Journey Worker

APPRENTICE

TRAINEE

SUB·TOTAL

TOTALS

Journey Worker

APPRENTICE

TRAINEE

SUB·TOTAL

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I. NEW YORK STATE AFFIRMATIVE ACTION REQUIREMENTS

(BID CONDITIONS – EQUAL EMPLOYMENT OPPORTUNITY)

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

PART I

The provisions of this Part I apply to Bidders, Contractors and Subcontractors with respect to those construction trades for which they are parties to collective bargaining agreements with a labor organization or organizations and who together with such labor organizations have agreed to the Westchester County, New York area Equal Employment Opportunity

Agreement (but only as to those trades as to which there are commitments by labor organizations to specific goals of minority manpower utilization) between the Building Trades

Employers Association of said County, the Builder’s Institute of Westchester & Putman Counties, various labor organizations, General and Specialty Contractors and their associations and the minority coalition, together with all implementing agreements that have been and may hereafter be developed pursuant thereto, all of which documents are incorporated herein by reference and are hereinafter cumulatively referred to as the

“Westchester County Plan.”

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

To be eligible for award of a contract under Part I of this invitation, a Bidder or

Subcontractor must execute the certification required by Part III hereof.

PART II

A. COVERAGE

The provisions of this Part II shall be applicable to those Bidders, Contractors, and

Subcontractors, who, in regard to those construction trades to be utilized on the Project to which these bid conditions pertain:

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

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

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

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

5. Are no longer participating in an affirmative action plan acceptable to the Industrial

Commissioner, including the Westchester County Plan.

B. REQUIREMENT: AN AFFIRMATIVE ACTION PLAN:

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