REQUEST FOR PROPOSALS - DDC Document Exchange - NYC.gov

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PROJECT: PW311STLS PIN: 8502011RQ0008P-12P 02/11 3. DSBS is available to assist contractors and potential contractors in determining the availability of MBEs and WBEs to participate as subcontractors, and in identifying opportunities that are appropriate for participation by MBEs and WBEs in contracts. 4. Prospective contractors are encouraged to enter into joint ventures with MBEs and WBEs. 5. By submitting a bid or proposal the Contractor hereby acknowledges its understanding of the M/WBE requirements set forth herein and the pertinent provisions of Local Law 129 of 2005, and any rules promulgated thereunder, and if awarded this Contract, the Contractor hereby agrees to comply with the M/WBE requirements of this Contract and pertinent provisions of Local Law 129 of 2005, and any rules promulgated thereunder, all of which shall be deemed to be material terms of this Contract. The Contractor hereby agrees to make all reasonable, good faith efforts to solicit and obtain the participation of M/WBE’s to meet the required Subcontractor Participation Goals. ARTICLE II. EN<strong>FOR</strong>CEMENT 1. If Agency determines that a bidder or proposer, as applicable, has, in relation to this procurement, violated Section 6-129 or the DSBS rules promulgated pursuant to Section 6- 129, Agency may disqualify such bidder or proposer, as applicable, from competing for this Contract and the Agency may revoke such bidder’s or proposer’s prequalification status, if applicable. 2. Whenever Agency believes that the Contractor or a subcontractor is not in compliance with Section 6-129 or the DSBS rules promulgated pursuant to Section 6-129, or any provision of this Contract that implements Section 6-129, including, but not limited to any Subcontractor Utilization Plan, Agency shall send a written notice to the Contractor describing the alleged noncompliance and offering an opportunity to be heard. Agency shall then conduct an investigation to determine whether such Contractor or subcontractor is in compliance. 3. In the event that the Contractor has been found to have violated Section 6-129, the DSBS rules promulgated pursuant to Section 6-129, or any provision of this Contract that implements this Section 6-129, including, but not limited any Subcontractor Utilization Plan, Agency may determine that one of the following actions should be taken: (a) entering into an agreement with the Contractor allowing the Contractor to cure the violation; (b) revoking the Contractor's pre-qualification to bid or make proposals for future contracts; (c) making a finding that the Contractor is in default of the Contract; (d) terminating the Contract; 6
PROJECT: PW311STLS PIN: 8502011RQ0008P-12P 02/11 (e) declaring the Contractor to be in breach of Contract; (f) withholding payment or reimbursement; (g) determining not to renew the Contract; (h) assessing actual and consequential damages; (i) assess liquidated damages or reduction of fees, provided that liquidated damages may be based on amounts representing costs of delays in carrying out the purposes of the program established by Section 6-129, or in meeting the purposes of the Contract, the costs of meeting utilization goals through additional procurements, the administrative costs of investigation and enforcement, or other factors set forth in the Contract; (j) exercise rights under the Contract to procure goods, services or construction from another contractor and charge the cost of such contract to the Contractor that has been found to be in noncompliance; or (k) take any other appropriate remedy. 4. If a Subcontractor Utilization Plan has been submitted, and pursuant to this Article II, Section 3, the Contractor has been found to have failed to award subcontracts to MBEs and/or WBEs sufficient to meet the Subcontractor Participation Goals contained in its Subcontractor Utilization Plan or the Subcontractor Participation Goals as modified by Agency pursuant to Article I, Part A, Section 11, Agency may assess liquidated damages in the amount of ten percent (10%) of the difference between the dollar amount of subcontracts required to be awarded to MBE and/or WBE subcontractors to meet the Subcontractor Participation Goals and the dollar amount the Contractor actually awarded and paid to MBE and/or WBE subcontractors. In view of the difficulty of accurately ascertaining the loss which the City will suffer by reason of Contractor’s failure to meet the Subcontractor Participation Goals, the foregoing amount is hereby fixed and agreed as the liquidated damages that the City will suffer by reason of such failure, and not as a penalty. Agency may deduct and retain out of any monies which may become due under this Contract the amount of any such liquidated damages; and in case the amount which may become due under this Contract shall be less than the amount of liquidated damages suffered by the City, the Contractor shall be liable to pay the difference. 5. Whenever Agency has reason to believe that an MBE or WBE is not qualified for certification, or is participating in a contract in a manner that does not serve a commercially useful function (as defined in Section 6-129), or has violated any provision of Section 6-129, Agency shall notify the commissioner of DSBS who shall determine whether the certification of such business enterprise should be revoked. 6. Statements made in any instrument submitted to Agency pursuant to Section 6-129 shall be submitted under penalty of perjury and any false or misleading statement or omission shall be grounds for the application of any applicable criminal and/or civil penalties for perjury. The making of a false or fraudulent statement by an MBE or WBE in any 7
Page 1 and 2: REQUEST FOR PROPOSALS PIN Project P
Page 3 and 4: PROJECT: PW311STLS PIN: 8502011RQ00
Page 35: PROJECT: PW311STLS PIN: 8502011RQ00
Page 39 and 40: Tax ID #: PIN #: 8502011RQ0008P-12P
Page 41 and 42: Tax ID #: PIN #: 8502011RQ0008P-12P
Page 43 and 44: ATTACHMENT 7 DOING BUSINESS DATA FO
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Page 50 and 51: THIS AGREEMENT, made and entered in
Page 52 and 53: ARTICLE 2 General Provisions 2.1 Ge
Page 54 and 55: (e) Total estimated amount for all
Page 56 and 57: 6.6 Non-Reimbursable Services: Thro
Page 58 and 59: preparation of all required Survey
Page 60 and 61: Consultant has not yet performed, a
Page 62 and 63: is issued by the Commissioner durin
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Page 66 and 67: (j) (k) the purposes of the Contrac
Page 68 and 69: ACKNOWLEDGMENT BY CORPORATION State
Page 70 and 71: EXHIBIT B UNIT PRICES AND ALL INCLU
Page 72 and 73: SECTION C - EDUCATION REQUIREMENTS
Page 74 and 75: TECHNICAL REQUIREMENTS FOR SURVEYIN
Page 76 and 77: The Consultant shall provide all su
Page 78 and 79: Benchmarks - One Permanent Benchmar
Page 80 and 81: B. Any elevation or dimension taken
Page 82 and 83: 6. All curb types must be depicted
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have been extended, or, if the Cons
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Under this item of the contract, th
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4. The representation shall be as f
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special conditions and situations s
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A. Procedure: The procedure for sub
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I. The Consultant shall also supply
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4.05.1 MEASUREMENT FOR PAYMENT (SKE
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SECTION 5 UNIT PRICE ITEM NO. 4 5.0
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Profile shall be 1”=30’ Horizon
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5.08.1 MEASUREMENT FOR PAYMENT (SKE
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C. All elements of the Topographic
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A. The Composite Utility Plan and P
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Survey Documents in the Final Submi
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etc.) Design Files (See Description
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9.03.2 Marker Illustration Survey m
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9.03.4 Horizontal Controls The Cons
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Section 4.07 Non-Discrimination: E.
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Section 12.05 No Claim Against Offi
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Appendix A December 2010 Final betw
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Appendix A December 2010 Final D. T
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Appendix A December 2010 Final Sect
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Appendix A December 2010 Final D. T
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Appendix A December 2010 Final F. A
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Appendix A December 2010 Final E. I
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Appendix A December 2010 Final prio
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Appendix A December 2010 Final B. I
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Appendix A December 2010 Final agre
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Appendix A December 2010 Final term
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Appendix A December 2010 Final B. A
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Appendix A December 2010 Final Cont
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Appendix A December 2010 Final AFFI
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REQUEST FOR PROPOSALS - DDC Document Exchange - NYC.gov

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