BID # Queens Central Library Date: May 26, Contractor Services N.Y.C. Pass-Through Contract for: 1. Sewer Ejector Pump Replacement

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1 BID # Queens Central Library Date: May 26, 2016 Contractor Services N.Y.C. Pass-Through Contract for: 1. Sewer Ejector Pump Replacement Required Site Visit and Bid Review: Date: Wednesday, June 8th 10:00 A.M., Sharp Location: Merrick Blvd., Jamaica, NY Question Submission Deadline is on June 10 th, 2016 Bids must be submitted by: Wednesday, June 15 th 2016, 2:00 P.M., to: Purchasing Department Queens Borough Public Library Merrick Boulevard Jamaica, New York /27

2 Instructions to Bidders All questions and requests for additional information concerning this Bid should be directed to Cristina Polychronopoulos, the Authorized Library Contact Person, at: Telephone #: Address: Bid Due Date and Time and Location: Date: Wednesday, June 15, 2016 Time: 2:00PM Location Merrick Blvd, Jamaica, NY Site Inspection Due Date and Time and Location: Date: June 8, 2016 Time: 10:00AM Location Merrick Blvd, Jamaica, NY Bid Submissions: Bids must be sealed and labeled on the outside of the package to clearly indicate that they are in response to Sewer Ejector Pump Replacement. Bids shall be submitted by mail or hand-delivery to the Purchasing Department located at: Queens Borough Public Library Purchasing Department Merrick Blvd Jamaica, NY ed or faxed proposals will not be accepted by the Library. Bids received at this Location after the Due Date and Time are late and shall not be accepted. However, unless the Library issues a written addendum to this Invitation to Bid which extends the Due Date and Time for all bidders, the Due Date and Time prescribed above shall remain in effect. Bid prices must be held for no less than 120 days from date of submission 2/27

3 TABLE OF CONTENTS I. Library Overview II. III. IV. Scope of Work and Schedule Vendor Qualifications Contract Term V. Bid Process & Guidelines VI. Standard Terms and Conditions Check List of Forms Form #1 Statement of Understanding Form #2 References Form #3 Non-Collusive Bidding Certification Form #4 Bid Sheet Submissions for Individual Contracts Form #5 Vendor Responsibility Questionnaire Form #6 Acknowledgement of Addenda Form #7 Confirmation of Vendex Compliance 3/27

4 I. LIBRARY OVERVIEW The Queens Borough Public Library (the Library ) is an independent, autonomous not-for-profit corporation. It is one of the largest and most innovative libraries in the world and one of three of New York City s library systems consisting of a Central Library and sixty-three (63) community libraries and community centers located throughout the Borough of Queens, New York. The Library serves 2.2 million residents of Queens, circulates approximately fifteen million (15,000,000) items, offers twenty-five thousand (25,000) programs and services and has fifteen million (15,000,000) visitors annually. II. SCOPE OF WORK AND SCHEDULE Sewer Ejector Pumps Replacement: Supply and install two new pumps. Including, but not limited to, general conditions, bid documents, all work on plans (DM200.00, E100.00, P001.00, P and P700), filings, permits, all fees, shop drawings, inspections, approvals, demolition (electric, plumbing, concrete, refrigeration, air compressors), relocation of existing air compressors and piping, removal of liquids and solids, new sewer ejector system and related equipment and piping, all construction related to installation, Fire stopping, daily clean up and removal of self-generated debris. There will be no other contractor working on this project. It is the plumber s responsibility to include in bid price for all work necessary for a complete operational system. The Electric disconnect and connect will be a separate contract and is NOT included ion the work. III. VENDOR QUALIFICATIONS 1. Plumbing Contractor, licensed in NYC with a minimum of 5 years work experience of similar size and scope. Electrical Subcontractor must be licensed in NYC. 2. Provide a brief description of your firm, its history and ownership structure, and its number of employees. Also include any significant developments, or organization, ownership or financial structure changes that have occurred in the last three (3) years, or that you anticipate in the future. 3. Provide the name, title, address, telephone and fax number, and address of the individual the Library should contact with respect to your bid. Make a statement regarding the availability of this individual as the primary contact to the Library throughout the term contemplated under this bid. 4. Provide a summary of your firm s experience and qualifications in meeting the standards of the Vendor Qualification requirements contained in the bid document and with executing the obligations listed in the Scope of Work. Include specific references to work for not-for-profit corporations, library systems or other like-entities. Also include information about work performed for NYC, NYS or other governmental entities. In describing the experience, name each client and the nature of the work performed, with specific reference to (a) the services provided; (b) the term of such services and (c) the estimated contract value. 5. Describe how you would staff the engagement and be able to respond to the Scope of Work. 4/27

5 6. Provide a minimum of three (3) recent clients as references that best represent your ability to perform the tasks described in this RFP (a Reference Client ). Provide the Reference Client s name, contact person, title, address, and telephone number. Please provide details on the work performed for each Reference Client, including, the length of any contract, contract value and explanation of how the work performed is similar to the work required by the Library, as well as any other pertinent information relevant to representing your qualifications to perform the work. We have a form that requests 3 references. I think we should include language in the form that asks for references that are of exact or similar work. 7. Provide copies of your two (2) most recent audited financial statements. If audited financial statements are not available, please explain why and identify how the Library can assess the financial condition of your firm. 8. Identify any sub-contractors that you plan to utilize as part of your firm s proposed team. 9. Identify the nature of any potential conflict of interest your firm or any proposed sub-consultants might have in providing the Scope of Work under this bid with the Library. (a) (b) Discuss fully any conflicts of interest, actual or potential, which might arise in connection with your firm's involvement with the Library. If your firm believes that a conflict of interest might arise, please describe how such conflict would be resolved. State whether your firm represents any party that is or may be adverse to the Library. 10. Discuss any past or present civil or criminal legal investigations, litigation or regulatory action involving your firm or any of its employees that could impact your role or ability to serve as a contractor to the Library. If none, include a statement that there are no past or present civil or criminal legal investigations, or pertinent litigation and or regulatory actions that could impact your firm s ability to serve in the required capacity. IV. CONTRACT TERM 1. It is anticipated that the term of this agreement shall be for the later of a one (1) year period or upon completion of the work ( Term ) including closeout and the contractor has obtained final approval and payment from the Library. V. BID PROCESS AND GUIDELINES 1. The sealed envelope shall be clearly marked "Sealed Bid Response BID #0516-4, Sewer Ejector Pump Replacement and endorsed on its face with the name of the person, firm or corporation making such proposal, with date of mailing / presentation. Firm must submit an electronic submittal of your bid on a flash drive or similar device with your bid submission. 5/27

6 2. Following the Bid opening, the Library shall issue an award, if any, to a Contractor, adhering to the Library's award cycle and approval by the Library s Board of Trustees, as applicable and in conformance with Pass-Through contract criteria. 3. The Library reserves the right to accept this Bid by item, section or as a whole, or in its discretion, to reject all responses. Also reserved is the right to reject, for cause, any Bid responses in whole or in part, to waive technical defects, qualifications, irregularities and omissions if, in its judgment, the best interests of the Library will be served. 4. The Library reserves the right to award the contract to the lowest-priced qualified Contractor, split the award between two or more Contractors or project locations, or make no award, as will best promote the public interest, taking into consideration the reliability of the Contractor, quality of the services, materials, equipment or supplies to be furnished, and their conformity with the requirements of the Bid. 5. Following the issuance of an award, the Library shall issue a formal contract which shall not be binding unless and until the Library and a Contractor execute a contract. 6. In the event the Contractor proposes to furnish substitutions for a service or product, as appropriate, this information shall be identified in writing, including full technical descriptions, catalog cuts and samples, as appropriate, with the Bid. The Library reserves the right to request a representative sample of the item(s) quoted, either prior to award, or before shipment is made. The determination of equality shall be made by the Library. If the sample or other technical description is not in accordance with the Bid, or is otherwise deemed not to be an equal to that specified, the Library may reject the proposal response, or, if award has been made, cancel the contract at the expense of the Contractor. 7. If the bidder wishes to inspect the site prior to submitting a bid, call Cristina Polychronopoulos, at to schedule an appointment. 8. Contractor shall thoroughly examine and be familiar with all requirements of the Bid and drawings (if any). The failure or omission of any Contractor to fully examine the Bid / drawings and site conditions shall in no way relieve the Contractor from any obligations with respect to performance of the contract and the contemplated work therein. VI. STANDARD TERMS AND CONDITIONS A. Forum Selection/Choice of Law 1. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, except for its conflict of laws principles. 2. The Contractor consents and agrees that all legal proceedings relating to the subject matter of this Agreement shall be maintained in courts located within Queens County in the State of New York, and Contractor consents and agrees that jurisdiction and venue for such proceedings shall lie exclusively with such courts. The Contractor hereby expressly waives and relinquishes all rights that it otherwise has to dismiss on forum non conveniens ground, and to change venue to a New York State Court not located within Queens County in the State of New York. The 6/27

7 Contractor also expressly waives and relinquishes any right it has to transfer a cause of action to a Federal Court located outside the City of New York. B. Insurance and Bonding Requirements 1. Contractor must procure and maintain insurance with the terms set forth herein. 2. An Agreement shall not be executed and the Contractor shall not commence work until all insurance has been obtained as required and such insurance has been reviewed and approved by the Library s Director of Risk Management. All original insurance documentation shall be forwarded to: Cristina Polychronopoulos Procurement Coordinator Purchasing Department Queens Borough Public Library Merrick Blvd. Jamaica, NY Contractor must procure, prior to commencement of work under this Bid / agreement, and maintain until this project is completed and there has been final acceptance by the Library of all work within the scope of the Agreement, insurance from carriers licensed to do business in New York State, and acceptable to the Library with a best rating of A or better. 4. Contractor shall require that any approved sub-contractors carry insurance with the same limits and provisions set forth herein, and shall require any sub(s) to provide all of the insurance requirements prior to commencement of work. 5. Failure to maintain the required insurance and provide proof of such coverage to the Library may, in the Library s sole discretion, result in termination of this Agreement, or in delay or stoppage of payments. 6. At all times during the Term of this Agreement, Contractor shall assume the risk of operations and provide indemnification in accordance with the requirements contained herein. 7. The types of insurance required by the Library are described below and shall name the Queens Borough Public Library, the Queens Borough Public Library Board of Trustees and the City of New York together with its officials as an Additional Insured using ISO Additional Insured Endorsement CG or its equivalent and refer to Contract LQD 122-CL, as well as SCC Construction Management Group, the Library s Owner Representative. 8. Contractor shall furnish the Library with Certificate(s) of Insurance on ACORD Form 25 (2001/08), or similar form, for each insurance carrier involved. The Contractor shall waive all rights against the Library and its agents, officers, trustees, directors, and employees, for recovery of damages. a. Commercial General Liability - The Contractor shall maintain an Occurrence based Commercial General Liability (CGL) policy. Both the CGL and Umbrella insurance shall be 7/27

8 primary and may not be cancelled, terminated, modified or changed by the Insurance Company for any reason other than non-payment unless at least thirty days written notice is sent by the Insurance Company to the Named Insured and Certificate Holder. Coverage must be maintained with no less than the limits and coverage indicated below: CGL Limits / Coverages: (1) Each Occurrence Limit: $1,000,000 (2) General Aggregate: $2,000,000 (3) Products / Completed Operations Aggregate: $2,000,000 (4) Personal / Advertising Injury Liability: $1,000,000 (5) Fire Damage Legal Liability: $ 100,000 (6) Medical Expense: $ 5,000 b. Commercial Umbrella Liability: $2,000,000 each occurrence c. Workers' Compensation and Disability Benefits Insurance Contractor shall maintain Workers Compensation and disability benefits insurance in accordance with the laws of the State of New York on behalf of all employees employed by such party in connection with the project. d. Builder s Risk Insurance The Contractor may be required to obtain Builder s Risk Insurance if and when the City requires the coverage. In such instance, such policy shall cover all risks in completed value form for the total value of the work for the Project performed by such contractor (or such portion of the work as may be designated by the City of New York), as well as the value of any equipment, supplies, and/or materials for the Project that may be in storage (on or offsite) or in transit. The policy shall provide coverage for the cost of removing debris, including demolition as may be legally necessary by the operation of any law, ordinance or regulation, and for the loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of the City of New York held in their care, custody and control. Such policy shall name as Additional Insured the City of New York, Queens Borough Public Library, and the Queens Borough Public Library Board of Trustees. The Builders Risk policy shall contain the following endorsements: i. The City of New York, the Queens Borough Public Library, and the Contractor shall be named as loss payee for the Work in order of precedence, as their interest may appear; and ii. In the event the loss occurs at an occupied facility, the policy shall permit occupancy without the consent of the Insurance Company; and iii. In the event that the insurance policy has been issued by a mutual insurance company, the following language shall be included: The City of New York is not liable for any premium or assessment under this policy of insurance. The First Named Insured is solely liable therefor. 8/27

9 e. Employer s Liability Insurance Contractors shall maintain Employer s Liability Insurance in the amount of $1,000,000 per occurrence. Such policy shall provide compensation due to bodily injury by accident or disease sustained by any employee of the insured arising out of and in the course of his or her employment by the insured in connection with the Project. f. Automobile Liability Insurance Contractor shall maintain Comprehensive Business Automobile Liability insurance in the amount of $1,000,000 per occurrence (combined single limit), for liability arising out of any owned, non-owned, leased and hired vehicles to be used in connection with the Project. Coverage should be at least as broad as ISO Form CA0001, ed. 10/01. If autos are used for transporting hazardous materials, such insurance shall be endorsed to provide pollution liability broadened coverage for covered vehicles (endorsement CA 99 48) as well as proof of MCS-90. g. Professional Liability (if applicable) Any architect or professional engineer retained by Library, a Construction Contractor or Consultant in connection with the Project shall maintain professional liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence. The policy shall include an endorsement to cover the liability assumed by the architect or professional engineer under its contract arising out of the negligent performance of professional services or contract arising out of the negligent performance of professional services or caused by an error, omission or negligent act of the architect or professional engineer or anyone employed by the architect or professional engineer. Claims-made policies will be accepted for professional liability. All such policies shall have an extended reporting period option or automatic coverage of not less than two (2) years. If available as an option, the insured agrees to purchase the extended reporting period on cancellation or termination unless a new policy is effected with a retroactive date, including at least the last policy year. 9. Performance Bond - A performance bond and a payment bond (hereinafter the Bonds ) covering faithful performance of the work and payment obligations arising hereunder shall be furnished by the Contractor for all projects with a cost that exceeds one million dollars ($1,000,000). The cost of the Bonds shall be included in the cost of the work. However, the cost of the Bonds shall not be included in the computations of the Contractor s fee. Such Bonds shall be issued by a surety company authorized to do business in New York reasonably satisfactory to the Library. An attorney-in-fact who executes the bonds on behalf of the surety shall affix to the Bonds a certified and current copy of the power of attorney and the surety shall affix to the Bonds a certified and current financial statement. The Bonds shall be furnished no later than three (3) business days following the date of execution of an agreement by the Parties. The Bonds shall be delivered to the Library, attn.: 9/27

10 Legal Department Queens Borough Public Library Merrick Blvd. Jamaica, NY a. Except as otherwise provided in subparagraph (b) below, if the contract is an amount equal to or greater than $1,000,000 the contractor shall be required to obtain performance and payment bonds, each in an amount not less than the amount of the contract. Each such required bond shall be obtained by the contractor, shall be in effect on or before the commencement of performance under the contract, and shall remain in effect until the completion and final acceptance of the contractor s work under the contract. The bonds required pursuant to this section (a) shall be issued by such surety or sureties as are licensed to issue such bonds in the state of New York and are approved by the City of New York, and shall identify both the Queens Borough Public Library and the City of New York as co-obligees. The performance and payment bonds required hereunder shall be on forms required by the City of New York as specified in the Guidelines, including a special form of performance bond for City-Funded Construction Contracts that do not exceed Administration for participation in its bond guarantee program. b. The contractor shall not be required to obtain the bonds described in section (a) above if the Queens Borough Public Library has obtained a waiver of such requirement from the City of New York and provided the contractor with a written notification of such waiver. c. In the event that the contractor is not required to provide a payment bond based on the contract amount being less than $1,000,000, the City of New York, shall in accordance with the terms of Section E contained herein of the Pass through Agreement, guarantee payment as provided therein. In the event that the contractor is not required to provide a payment bond based on a waiver granted to the Queens Borough Public Library, the defense and indemnification requirements of section (d) apply and the terms of the payment guarantee of the Pass through Agreement shall not be applicable. d. In the event that the Queens Borough Public Library has obtained a waiver of the payment bond requirement, the contractor and its subcontractors shall defend, indemnify and hold harmless the Queens Borough Public Library and the City of New York, their employees and agents, against any and all claims for labor performed and/or services rendered and for materials, equipment and supplies provided (whether incorporated into the work or not) by any person, firm or corporation which furnished labor, material equipment supplies, or any combination thereof, in connection with the work. Such defense and indemnification shall be consistent with the requirements set forth in Section C, Risk of Operations and Indemnification. C. Risk of Operations and Indemnifications Provisions 1. Contractor shall be solely responsible for the safety and protection of all its employees and shall assume all liability for injuries, including death that may occur as a result of its performance of any work performed pursuant to this BID whether or not due to the negligence, act or omission of Contractor, its agents or subcontractors. The provisions of this Section shall not be deemed to create any new right of action in favor of any third party against the Queens Borough Public Library, the Queens Borough Public Library Board of Trustees, or the City of New York. 10/27

11 D. Payment 2. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold the Queens Borough Public Library and its employees, the Queens Borough Public Library Board of Trustees, the City of New York, its employees and agents (the Indemnitees ), as well as SCC Construction Management Group, the Library s Owner Representative. harmless against any and all claims (including but not limited to claims asserted by any employee of Contractor, or its subcontractors) and costs and expenses of whatever kind (including but not limited to payment or reimbursement of attorneys fees and disbursements) allegedly arising out of or in any way related to the operations of Contractor or its subcontractors, in the performance of this Agreement or from contractors and/or its or subcontractors failure to comply with any of the provisions of this Agreement or of any law. Such costs and expenses shall include all those incurred in defending the underlying claim and those incurred in connection with the enforcement of this paragraph 2 by way of cross-claim, third-party claim, declaratory action or otherwise. The parties expressly agree that the indemnification obligation hereunder contemplates (1) full indemnity in the event of liability imposed against the Indemnitees without negligence and solely by reason of statute, operation of law or otherwise; and (2) partial indemnity in the event of any actual negligence on the part of the Indemnitees either causing or contributing to the underlying claim (in which case, indemnification will be limited to any liability imposed over and above the percentage attributable to actual fault whether by statute, by operation of law, or otherwise.) Where partial indemnity is provided hereunder, all costs and expenses shall be indemnified on a pro rata basis. 3. Contractor shall be solely responsible for and shall indemnify, defend and hold the City of New York, the Queens Borough Public Library and the Queens Borough Public Library Board of Trustees harmless against any and all claims and judgments for damages for any infringement of copyright, trademark, and patents or use of patented articles, tools, materials, equipment, appliances or processes in the performance or completion of the Work, including all costs and expenses which the City of New York or the Library shall or may incur or be obligated to pay by reason thereof. 4. Indemnification under paragraph 2 of this Section C or any other provision of this Agreement shall operate whether or not Contractor or its subcontractors have placed and maintained the insurance specified under this Agreement. 5. The Contractor shall require all of its subcontractors which are engaged to provide services in connection with the work performed of and under this contract to agree to the provisions of paragraph 2 of this Section C. 1. Payment will be made by the Library only upon completion of the required work or if the Library agrees to progress billing upon presentation of correctly itemized invoices within thirty (30) days of invoice approval. 2. Contractor is responsible for providing all supporting documentation, including AIA construction progress invoices, certified payrolls, release of liens and permit signoffs for final payment when required. 11/27

12 3. The Library s payment of any invoice shall not preclude the Library from making claim for adjustment on any item found not to have been in accordance with the general conditions and specific requirements of the contract. 4. In the case of service contracts, payments shall be net upon approval of the monthly invoice for service, unless otherwise stated. 5. Ten percent (10%) of the total contract value will be withheld by the Library as retainage for correction of punch list items or for other deficiencies as determined by the Library. Upon completion of the punch list work, as determined by the Library, the retainage shall be released. 6. Contractor s payments are subject to compliance with DDC Payment Processing for Pass- Through Projects as found in the Pass-Through Contract manual provided by the Department of Design and Construction. 7. The Contractor shall obtain the most current copy of DDC s Pass-Through Contracts Manual at the Contractor s convenience. Required forms including certified payroll reports, and other documents, as outlined in the manual, shall be submitted to the Library s Pass-Through Contract Coordinator. 8. Final request for payment shall be issued to DDC on the dates listed on the approved Payment Schedule. E. Payment Guarantee 1. In the event the Contractor is not required to provide a payment bond, the City of New York shall, in accordance with the terms contained herein, guarantee payment of all lawful demands for: a. Wages and compensation for labor performed and/or services rendered; and b. Materials, equipment, and supplies provided, whether incorporated into the Work or not, when demands have been filed with the City of New York as provided hereinafter by any person, firm, or corporation which furnished labor, material, equipment, supplies, or any combination thereof, in connection with the Work performed hereunder (hereinafter referred to as the beneficiary ) at the direction of the Library or the Contractor. 2. The provisions of this section are subject to the following limitations and conditions: a. The guarantee is made for the benefit of all beneficiaries as defined herein, provided that those beneficiaries strictly adhere to the terms and conditions stated herein. b. Nothing in this section shall prevent a beneficiary providing labor, services or material for the Work from suing the Contractor for any amounts due and owing the beneficiary by the Contractor. c. All demands made against the City of New York pursuant to this section shall be made within four (4) months from the date payment is due on this invoice or invoices submitted by 12/27

13 the beneficiary to the Library for labor or Work done or for materials or supplies delivered, or, if the demand is for wages, four (4) months from the date the wages were due to be paid to the beneficiary. d. All demands made against the City of New York by such beneficiary shall be presented to the Project representation along with all written documentation concerning the demand which the Project representative deems appropriate or necessary, which may include but shall not be limited to: the contract; any invoices presented to the Library for payment; the notarized statement of the beneficiary that the demand is due and payable, that a request for payment has been made of the Library and that the demand has not been paid by the Library within the time allowed for such payment by the contract; and copies of any correspondence between the beneficiary and the Library concerning such demand. e. The City of New York shall make payment only if, after considering all defenses presented by the Library, it determines that the payment is due and owing to the beneficiary making the demand. f. The City of New York will not initiate the payment process of this Payment Guarantee or make payment on a demand where the beneficiary making the demand has filed a lien against the Work or otherwise sues the City of New York prior to receiving a written notice from the City of New York that it will not pay the demand. g. No beneficiary shall be entitled to interest from the City of New York, or to any other costs, including, but not limited to, attorney s fees. 3. The payment guarantee made pursuant to the provisions hereunder shall be construed in a manner consistent with Section 137 of the New York State Finance Law and shall afford to persons furnishing labor or materials to the Library in the prosecution of the Work all of the rights and remedies afforded to such persons by such section, including but not limited to, the right to commence an action against the City of New York on the payment guarantee provided by this Payment Guarantee within the one year limitations period set forth in Section 137(4)(b) of the New York State Finance Law. F. Release of Liens and Bankruptcy Issues 1. Release of Liens: The Contractor is responsible for executing Partial Release of Liens and providing copies of the same to the Library, upon payment by the Library to Contractor. The Library will not make progress payments to the Contractor until Partial Release of Lien documents have been executed and provided to the Library. 2. Bankruptcy: In the event that the Contractor becomes insolvent and/or files for bankruptcy, within seven (7) days of the filing for bankruptcy or becoming insolvent, the Contractor shall provide notice to the Library in writing of said event and shall provide a copy of any documentation reflecting its insolvency or intent to file for bankruptcy including, but not limited to, the petition for bankruptcy which shall include the case docket number, the full name of the parties involved, potential creditors, and the date of the filing. 13/27

14 G. Termination of Agreement 1. In the event of any breach of the terms of the contract by the Contractor, the Library shall have, in addition to any other recourse, the right to terminate the contract with cause upon no less than thirty (30) days written notice to the Contractor, by certified mail return receipt requested. In such event, the Contractor shall be reimbursed for the expenditure(s) incurred for any satisfactory work completed under the contract prior to the date of termination. 2. Upon termination of the contract, for any cause, all records, reports and operating and maintenance manuals shall be brought up to date and turned over to the Library before final payment is made. H. Guarantee 1. Contractor shall provide a two (2) year guarantee from date of installation against defects in materials or work upon completion of installation and acceptance by the independent inspector, concurrently with any written guarantees or warrantees provided by equipment or materials manufacturers, as applicable. Any materials or work which is or becomes defective during the guarantee period shall be replaced by the Contractor with the understanding that all replacements shall carry the same guarantee as the original equipment or materials. Such replacements shall be made immediately upon receiving notification from the Library. I. Legal Requirements 1. Contractor must comply with all applicable local, state and federal laws, rules regulations and Mayoral Executive Orders now in force or which may later be adopted ( Legal Requirements ), as such Legal Requirements may be applicable to the work performed under this contract including but not limited to: a. The obligation to obtain, at contractors expense, all necessary permits, consents, certificates and licenses or other approvals required to be obtained pursuant to applicable law; b. The obligation to ensure that any architect or engineer hired to perform work under this contract is registered in the State of New York; c. Pay prevailing wages as such rates are established pursuant to Section 220 (3) of the Labor Law of the State of New York; d. The provisions of Labor Law Section 220-e and any regulations promulgated thereunder; e. The requirements of Local Laws 77 of 2003 (Ultra Low Sulfur Diesel Fuel), 38 of 2002 (Living Wage), 118, 119, 120, and 121 of 2005 (environmentally Preferable Purchasing) and 86 of 2005 (Green Building Standards Law); f. The applicable provisions of the New York City Noise Control Code (Administrative Code , et. seq. as amended, and related regulations); and 14/27

15 g. If the amount of the Contract or subcontract exceeds $100,000, comply with the Whistleblower Protection Act. h. If the amount of the Contract or subcontract exceeds $100,000, comply with the Local Law Nos and , codified at sections and of the New York City Administrative Code, respectively. In the event that the contractor defaults under the contract or fails to proceed with the work after being directed to do so by the City of New York, the contract may be assigned to the City of New York. J. Independent Entity K. M/WBE 1. The Contractor agrees that it is an independent entity and shall not be deemed to be an agent, employee, servant or representative of the City of New York for any purpose whatsoever. The contractor shall further agree that all personnel provided by the contractor to perform any work under the contract shall be considered as employed by the contactor, and not by the City of New York, and the contractor alone is responsible for their work and personal conduct, as well as for their direction and compensation. Nothing included in the contract shall impose any liability or duty upon the City of New York to persons, firms, or corporations employed in any capacity by the contractor, or to make the City of New York liable to any person or entity (including governmental agencies) for any act, omission, liability, obligation or taxes (including unemployment insurance and social security) of the contractor or any individual, firm or corporation employed by contractor. 1. The M/WBE participation goals established for this project are thirty-one percent (31%) for construction MBEs and thirty (30%) for professional services M/WBEs ( Participation Goals ), in accordance with the percentages set forth in subsections below. The Participation Goals are met by: (1) awarding to Funded subcontracts for construction where the amount of each contract is under one million dollars ($1,000,000), in accordance with the percentages set forth in subsection (i) below; and (2) awarding to M/WBEs thirty percent (30%) of services where the amount of each contract is under one million dollars ($1,000,000), in accordance with the percentages set forth in subsection (ii) below. i. For construction subcontracts, Participation Goals are: African-American 12.63%, Asian-American 9.47% and Hispanic American-9.06% (no goal has been established for Caucasian Female firms); and ii. For professional services subcontracts, Participation Goals are: African-American- 9%, Hispanic-American-5%, and Caucasian Female-16.5% (no goal has been established for Asian-American firms). L. Executive Order No Contractor shall comply with Executive Order #50 (1980) as revised (E.O. 50) in the Rules and Regulations promulgated thereunder. By signing this Agreement, the Contractor agrees that it: 15/27

16 a. Will not engage in any unlawful discrimination against any employee or any applicant for employment because of race, creed, color, national origin, sex, age, disability, marital status or sexual orientation with respect to all employment decisions including but not limited to, recruitment, hiring, upgrading, demotion, downgrading, transfer, training, rates of pay or other forms of compensation, layoff, termination, and all other terms and conditions of employment; b. It will not engage in any unlawful discrimination in the selection of trade contractors on the basis of the owner s race, color, creed, national origin, sex, age, disability, marital status or sexual orientation; c. Will state in all solicitations or advertisements for employees placed by or on behalf of the Library that all qualified applicants will receive consideration for employment without unlawful discrimination based on race, creed, color, national origin, sex, age, disability, marital status or sexual orientation, and that it is an equal opportunity employer; d. Will furnish all information and reports including an Employment Report which is required by E.O. 50 the Rules and Regulations promulgated thereunder and Orders of the Department of Business Services, Division of Labor Services (DLS) and will permit access to its books, records, and accounts by the DLS for the purpose of investigation to ascertain compliance with such rules, regulations and orders. e. Contractor understands that in the event of its non-compliance with nondiscrimination provisions of this Agreement or with any of such rules, regulations, or orders, such noncompliance shall constitute a material breach of the Agreement and non-compliance with the E.O. 50 and the Rules and Regulations promulgated thereunder. After a hearing held, pursuant to the Rules of DLS, the Director of the DLS may direct the imposition by the Library any or all of the following sanctions: M. Vendex i. Disapproval of a Contractor; ii. Suspension or termination of this Agreement; iii. Declaring the Contractor in default or iv. In lieu of any of the foregoing sanctions, the Director of DLS may impose an employment program. v. Employment Report forms may be obtained from DLS either via the DSBS website at or by telephone at For all contracts valued at $100,000 or more, the Contractor and suppliers are to submit the Vendor Information Exchange System (VENDEX) questionnaires and a Division of Labor Services (DLS) employment report, as required for Pass-Through Contracts. Copies of all submissions are to be forwarded to the Library s Pass-Through Contract Coordinator within two (2) days of contract award. 2. Upon selection, the successful Contractor will be required to submit proof of filing of the appropriate VENDEX Questionnaires. Upon written notification, the Contractor must submit a Confirmation of VENDEX Compliance and VENDEX Certification of No Change to DDC 16/27

17 within five (5) days of official notification of award. A form for confirmation is included in this BID, Confirmation of VENDEX Compliance (ADDENDUM # 6, see below). 3. The Contractor is advised that VENDEX Questionnaires and procedures have changed. See to download the current VENDEX Questionnaires and a Vendor s Guide to VENDEX or contact DDC s VENDEX UNIT at (718) a. VENDEX Questionnaires must be submitted directly to the Mayor s Office of Contract Services, ATTN: VENDEX, 253 Broadway, 9th Floor, New York, NY Prospective Contractor may contact this office at (212) b. DLS Supply and Service Employee Report must be submitted directly to the City of New York, Department of Business Services, Division of Labor Services, 110 William Street, 2nd Floor, New York, NY Prospective Contractor may contact this office at (212) or , Fax: (212) c. Contract award is subject to completion of the VENDEX Questionnaire, DLS Supply and Service Employee Report and review of the information by the NYC Department of Investigation. 17/27

18 FORM # 1 STATEMENT OF UNDERSTANDING By signing in the space provided below, the undersigned certifies that the respondent (i) has read and understands and accepts the scope and requirements of this project and all of the attachments; (ii) has the capacity to execute this project; (iii) agrees to accept payment in accordance with the requirements of this Bid and the standard construction services contract, and (iv) will, if its proposal is accepted, enter into a standard agreement with the Queens Borough Public Library. I hereby certify that my firm will carry all types of insurance specified in the Bid. The undersigned further stipulates that the information in this proposal is, to the best of knowledge and belief, true and accurate. Name of Firm By: Signature of Partner or Corporate Officer Date Print Name Title Telephone / Fax # s EIN # Address address 18/27

19 FORM #2 REFERENCES Contractor MUST furnish three (3) references for work/projects completed within the last three (3) years of the same general character as that specified herein. Please do not include the Queens Borough Public Library or any Queens Borough Public Library employee as a reference. 1. Name of Firm Contact Telephone 2. Name of Firm Contact Telephone 3. Name of Firm Contact Telephone Contractor to furnish name of bank or other financial institution as reference to the financial responsibility of the bidder: 1. Name of Firm Contact Telephone 2. Name of Firm Contact Telephone 19/27

20 FORM # 3 NON-COLLUSIVE BIDDING CERTIFICATION By submission of this BID, Contractor and each person signing on behalf of any Contractor certifies, and in the case of a joint BID submission each party hereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1. The prices in this BID have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 2. Unless otherwise required by law, the prices which have been quoted in this BID have not been knowingly disclosed by the Contractor and will not knowingly be disclosed by the Contractor prior to the BID opening, directly or indirectly, to any other Contractor or to any competitor; and 3. No attempt has been made or will be made by the Contractor to induce any person, partnership or corporation to submit or not to submit a response to this BID for the purpose of restricting competition. Company Name Date / / Address Telephone FAX Name of Contractor Title Signature of Contractor 20/27

21 FORM # 4 BID SHEET All work as per bid documents and plans. Total lump sum price: Base bid: Base Bid (write amount in dollars) (write amount in words) Dollars Dollars Add alternate #1 Provide Federal pumps MSC-3C-2-QD in lieu of Flygt Pumps (P ) (write amount in dollars) Add alternate #1 (write amount in words) All sheets must be completed in full. Incomplete bid forms will not be accepted. Prices must include all items in general conditions, insurances, bonds if required, labor (prevailing wages), overtime costs, equipment, materials, delivery, shop drawings, permits, fees, inspections, DOB sign-offs, overhead and profit, and all other costs associated with completing the Scope of Work. Name of Firm Address / / Phone No. FAX / / Officer s Name Title Signature 21/27

22 FORM # 5 VENDOR RESPONSIBILITY QUESTIONAIRRE Legal Business Name: EIN: Address of the Principal Place of Business/Executive Office: New York State Vendor Identification Number: Telephone/Fax: Website: Authorized Contact for this Questionnaire: Name: Telephone/Fax: Title: List any other DBA, Trade Name, Other Identity, or EIN used in the last five (5) years, the state or county where filed, and the status (active or inactive) (if applicable): I. Business Characteristics a. Business Entity Type: b. Was the Business Entity Formed in New York State? c. If no, indicate jurisdiction where Business Entity was formed: d. Is the Business Entity currently registered to do business in New York State with the Department of State? 22/27

23 e. If no, explain why the Business Entity is not required to be registered in New York State. f. Does the Business Entity have a DUNS Number? If so, please provide: g. Is the Business Entity s principal place of business/executive Office in New York State? If no, does the business entity maintain an office in New York State? h. Is the Business Entity a Minority or Women Owned Business (MWBE)? i. Identify current Key Employees of the Business Entity. Attach additional sheets, if necessary. II. Contract History a. Has the Business Entity held any contracts with the City of New York, Queens Borough Public Library and/or New York State governmental entities in the last three (3) years? If yes, attach a list including the agency name, contract amount, contract start date, contract end date and the contract description. III. Integrity -- Contract Award: Within the past five (5) years, has the business entity or affiliate: a. Been denied a contract or had a bid rejected based upon a finding of non-responsibility by a governmental entity? b. Been suspended, cancelled or terminated for cause on any government contract? c. Been subject to an administrative proceeding or civil action seeking specific performance or restitution in connection with any government contract? d. Entered into a formal monitoring agreement as a condition of a contract award? *** For each yes answer, provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, the government entity involved, relevant dates and any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer below or attach additional sheets with numbered responses. IV. Certifications/Licenses a. Within the past five (5) years, has the Business Entity or any Affiliate had a revocation, suspension or disbarment of any business or professional permit and/or license? 23/27

24 *** If yes, provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, the government entity involved, relevant dates and any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer below or attach additional sheets with numbered responses. V. Legal Proceedings: Within the past five (5) years, has the business entity or affiliate: a. Been the subject of a civil complaint? b. Been the subject of a judgment or conviction for conduct constituting a crime? c. Received any OSHA citation and Notification of penalty containing a violation classified as serious or willful? d. Had any New York State Labor Law violation deemed willful? VI. Leadership Integrity: Within the past five (5) years, has any individual previously identified, any other Key Employees not previously identified or any individual having the authority to sign, execute or approve bids, proposals, contracts or supporting documentation within New York State been subject to: a. A sanction imposed relative to any business or professional permit and/or license? b. An investigation, whether open or closed, by any governmental entity for a civil or criminal violation for any business related conduct? c. A conviction or judgment of any business related conduct constituting a crime including, but not limited to, fraud, extortion, bribery, racketeering, price fixing, bid collusion or any crime related to truthfulness? d. Misdemeanor or felony conviction for: i. Any business-related activity, including, but not limited to, fraud, coercion, extortion, bribe or bribe-receiving, giving or accepting unlawful gratuities, immigration or tax fraud, racketeering, mail fraud, wire fraud, price fixing or collusive bidding; or ii. Any crime, whether or not business related, the underlying conduct of which related to truthfulness, including, but not limited to the filing of false documents or false sworn statements, perjury or larceny? 24/27

25 FORM # 6 ACKNOWLEDGEMENT OF ADDENDA TITLE OF BID: Name of Firm Trade: PIN: Instructions: Prospective Contractor is to fill in Trade and PIN number (above), check / complete Part I or Part II of this form (whichever is applicable) and sign and date the form. This form serves as the prospective Contractor s acknowledgement of the receipt of Attachments to this Bid which may have been issued by the Library prior to the proposal due date and time. Part 1 Listed below are the dates of issue for each Addendum received in connection with this BID. Addendum # 1, dated Addendum # 2, dated Addendum # 3, dated Addendum # 4, dated Addendum # 5, dated Part 2 No Addendum(s) were received in connection with this BID. Prospective Contractor s Authorized Representative: Name: Title: Signature: Date: 25/27