Bid #25-03 Steps, Removal & Replacement, Pad Leveling.PDF

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Steps, Removal & Replacement, Pad Leveling
Solicitation number
ITB-25-03-0-2025/MC
Issued by
Broome County, New York

About this file

This is an Invitation for Bid (IFB) #25-03 issued by the Binghamton Housing Authority (BHA) in New York for steps, concrete steps removal and replacement, and pad leveling at multiple BHA property locations. The project involves work at North Shore and Carlisle Hills properties, including removal of existing concrete steps, leveling concrete pads, and installing new precast step units. The bid is structured into six lots covering pad leveling, step removal, step placement, and railing costs. Key dates include a site walkthrough on September 8, 2025, at 10:00 AM EST, a deadline for questions on September 10, 2025, and bid submission deadline on September 19, 2025, at 2:30 PM EST. The contract term is one year from the award date, which is anticipated in September 2025.

The bid allows for multiple pricing options, including pad leveling with and without existing step units, step removal and disposal, new step unit placement, and railing costs. Bidders must provide detailed pricing for different quantities of step units and include technical specifications, references, and various required forms such as non-collusion certifications, Iran Divestment Act compliance, and sexual harassment prevention policies. The project is subject to Davis-Bacon wage rates and requires prevailing wage compliance. Insurance requirements include general liability of $1,000,000 per occurrence, professional liability of $1,000,000, and workers' compensation coverage. The BHA encourages participation from Minority and Women-owned Business Enterprises (MWBE) and will award the contract to the lowest responsive, responsible bidder that best promotes public interest.

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Invitation for Bid

Bid #25-03 for Steps, Concrete Steps Removal & Replacement, &

Pad Leveling at

Binghamton Housing Authority (BHA) Properties.

Binghamton Housing Authority PO Box 1906

35 Exchange Street Binghamton, NY 13901

Bids due by: September 19, 2025 at 2:30 pm

Attn: Contract Administrator

Contact Information:

Office: 607-723-9491

Steps, Concrete Steps Removal & Replacement, & Pad Leveling #25-03

INTENT TO SUBMIT BID FORM

Please complete the following information form and email (preferred) or fax this form to the address shown below at the earliest possible date (no later than September 19, 2025 at 2:30 pm EST). This form is intended for our use in monitoring the bid process. By submitting, we can contact you with any additional information that may arise. Please only fax or email this form back.

WE DO INTEND TO SUBMIT A BID.

WE DO NOT INTEND TO SUBMIT A BID FOR THE FOLLOWING REASONS:

We do not offer this product / service.

Our work schedule would not permit us to perform.

We are unable to meet specifications.

We do not have a representative in this area.

We are unable to meet your bid security/bond requirements.

Other:

Please remove us from the BHA bidders list.

Please keep us on the BHA bidders list.

NAME, ADDRESS, AND TELEPHONE NUMBER OF CONTACT:

E-mail:

SIGNATURE: DATE:

NAME/TITLE:

Please return this form to: Binghamton Housing Authority Fax: 607-204-0055

Email – megan@binghamtonha.org

INTRODUCTION

1. It is the intent of the Binghamton Housing Authority (BHA) to request bids for Steps, Precast Concrete Steps, Removal & Replacement, & Pad Leveling for the Binghamton Housing Authority (BHA) locations.

Bidders are cautioned to read carefully all documents contained in this IFB. In signing the agreement form and, the bidder acknowledges having read, and agrees to conform to all conditions and requirements listed on the instructions and specifications sheets contained herein.

KEY DATES - EVENTS

Event Target Date / Eastern Time

Release of IFB August 29, 2025

Inspection walk-through September 8, 2025 – 10:00 AM EST

Deadline to Submit Questions

Please submit questions to:

megan@binghamtonha.org or by fax: 607-204-0055

September 10, 2025 at 12 PM EST

Responses to all questions will be broadcasted out to potential bidders on

Before the end of the day on September 11, 2025

Submission Deadline and Bid Opening September 19, 2025 at 2:30 pm EST

Award September 2025

OVERVIEW

2. The Binghamton Housing Authority (BHA) is requesting bids from qualified Bidders for bids for Steps, Concrete Steps, Removal & Replacement, & Pad Leveling for the Binghamton Housing Authority (BHA) locations (not limited to) at:

North Shore - 35 Exchange Street, Binghamton, NY 13901 24 Isbell Street, Binghamton, NY 13901

69-81 Susquehanna St. Binghamton NY 13901

Carlisle - 150 Moeller Street, Binghamton, NY 13904

BID SUBMISSION REQUIREMENTS

3.1 The submission of a bid will be construed as an indication that the vendor is fully informed as to the extent and character of the Steps required and can furnish the services and supplies satisfactorily to the full extent of the specifications without any extras.

3.2 All costs incurred by the bidders in preparation, estimating and submission of a response are the total responsibility of the bidders. Respondents should provide complete and current information for all pricing requests. The response to BID shall include the following information and shall include the “Bid Pricing sheets” by lots filled out as complete as possible for each option. (found on Pages 17-19)

Responses shall include the following:

Include all items noted in Section 3.4 and 4 of the bid submission (filled out and signed where notated).

Bid pricing sheets should correlate to the pricing entered on the For example:

3.3 Bids must be received by the bid opening date and time as specified in the bid timeline. Late bids will not be considered. Determination regarding the completeness and timeliness of bids shall be final.

BIDs must be received no later than 2:30 P.M. EST, September 19, 2025 BIDs should be addressed as follows:

Steps, Concrete Steps Removal & Replacement, & Pad Leveling Bid #25-03

Binghamton Housing Authority PO Box 1906

35 Exchange Street Binghamton, NY 13901

3.4 Submittals received after the deadline date and time will be determined unacceptable and remain unopened unless one of the exceptions listed in the enclosed HUD 5369 document, Section 5 regarding late submissions and withdrawals applies.

3.5 submit a letter or Consent of Surety form within their bid from its surety company bid stating that Surety can and will provide a Payment and Performance Bond in the full amount of the Bid upon award. Letter shall cite the principal (bidder) and the Bid Amount (or greater). The BHA reserves the right to accept a Bid Guarantee in lieu of this requirement.

3.6 If awarded, and the contract exceeded $50,000 the Bidder shall be required to submit the following within 30 days and prior to delivery or any work commencing on site, unless otherwise required by State or local laws or regulations:

(1) a bid guarantee from each bidder equivalent to 5% of the bid price; and

(2) a performance bond for 100% of the contract price; and

(3) a payment bond for 100% of the contract price or

I. a 20% cash escrow; or II. a 25% irrevocable letter of credit.

Each BID Shall Contain the Following:

The names and phone numbers of three (3) references from similar types of products Bid Lot Price sheet – Page 18-21 Signed Bid Agreement Sheet – Page 22 Non-Collusion Compliance Form – Page 25 Iran Divestment Act Certificate – Page 23 NYS Sexual harassment certification – Page 24 Specification sheets for the proposed scope of work and any associated literature on the proposed equipment and warranty being offered.

Name of the insurance carrier for General Liability and Automobile Liability insurance on the provided Bidders Agreement sheet. (COI will be requested at the time of award) Any addendum forms if published.

OTHER REQUIRED FORMS - see section 3.7 HUD-5369 Form – Instructions to bidders for Contracts Public HUD-5369-A Form - Representations, Certifications, and Other Statements of Bidders HUD-5370 – General Conditions for Construction Contracts – Public Housing Programs

REQUIRED FORMS DETAIL

3.5 New York State Sexual Harassment Certification - By submission, 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 harassment prevention to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the NYS labor law. A model policy and training has been created by the NYS Department of Labor and can be found here: https://www.ny.gov/programs/combating-sexual-harassment-workplace

3.6 Mandatory HUD Forms - The U.S. Department of Housing & Urban Development’s form HUD-5369 – Instructions to

Offerors, Form, HUD-5369-A, Certifications and Representations of Offerors – Construction Contract, and form HUD 5370, General Conditions for Non-Construction Contracts are hereby referenced and made a binding part of this contract.

3.7 Bids must include a full description of all proposed products & services. If the bidder is not proposing complete services as requested in this bid, please be very specific as to what is and is not included. All assumptions concerning the Authority's involvement should be stated. All exceptions to the bid should be noted in the submittal. Unique services should be clearly defined. The assumption should be made by all proposers that their original bid/proposal may be their only opportunity to present their services and qualifications and therefore should be as comprehensive as possible. It is the Authority’s intent to make this bid a part of the contract.

3.8 The bidder must express any concerns about or requests for clarification of interpretation of the BID documents in writing, to be received by BHA no later than seven (7) days prior to the BID opening date. The request shall state clearly and in detail the basis for any such concern or request. The request may be sent by email or Fax to the address above.

Bidders shall not be allowed to take advantage of any errors or omissions in the specifications. Refer to the enclosed document Form HUD 5369 regarding questions.

3. LIST OF ATTACHMENTS

A. HUD 4010 - Federal Labor Standards Provisions - https://hudgov.sharepoint.com/sites/FPM/OFPM/DBLS/HQ/Shared

Documents/Forms_DBLS/HUD-4010 Federal Labor Standards Provisions/HUD 4010

B. Davis Bacon USDOL Prevailing Wage Rates for Broome County, NY (Residential)

C. HUD Forms HUD-5369, HUD-5369A, HUD-5370

D. Step & Pad worksheet by site & apartment n- This list which site, apartment and stair area that need work or replacement.

AMENDMENTS

4. Any amendments to this solicitation shall be acknowledged by the bidder by signing, dating, and returning the amendment form by the due date. The bid must be submitted in a sealed envelope by mail, in person or through DemandStar (electronically). Bids received without the acknowledgement of an addendum may result in the rejection of their bid if the addendum contains information which substantively changes the requirements.

ELECTRONIC BID ACCEPTANCE

6.1 To automate and facilitate the acceptance of electronic bid submissions, the Binghamton Housing Authority has implemented the DemandStar bidding platform. DemandStar is an independent company that provides a website for the management and acceptance of electronic bids. Electronic bids uploaded to DemandStar will be electronically timestamped and sealed until the date and time of the bid opening. Adding this platform will enable Bidders too easily and cost effectively submit bids up to the minute before the bid opening time. The Binghamton Housing Authority will still accept mailed or dropped off sealed bids if they are delivered on time.

6.2 We ask Bidders that wish to send electronic bids to register with DemandStar, so that your company can take advantage of this new feature. To register your company, please go to: www.demandstar.com/registration. On the registration form, enter the required information and be sure to select the Binghamton Housing Authority as your registration agency.

6.3 DemandStar is an independent entity and is not an agent or representative of the Authority. Communications to DemandStar does not constitute communications to the BHA.

BID SUBMISSION

7.1 All solicitations, whether in a sealed envelope or submitted electronically, shall be opened at the stated date and time.

Bids received after the established date and time will not be accepted and will be returned unopened.

7.2 Bidders mailing their responses should allow mail or delivery service adequate time to ensure timely receipt of their submittal. Postmarks will not qualify as evidence of a timely submittal. Faxed or emailed copies will not be accepted for the submission of the actual BID. The only submissions that will be accepted are ones that are mailed, dropped off in person or by a courier service in a sealed envelope or submitted through DemandStar by the deadline date & time.

7.3 All BID submittals shall become property of the BHA, will not be returned, and are considered a matter of public record after the contract is awarded.

7.4 This BID does not commit BHA or any of its agents to award a contract, pay any cost incurred in the preparation of a bid in response to this BID, or to procure or contract for services, to enter into a contractual agreement with any contractor submitting a response to this BID, and/or to delay and/or cancel in part or in its entirety this BID if it is in the best interest of the BHA, in their sole discretion, to do so.

7.5 The BHA reserves the right to accept or reject all or part of any bid submitted. The BHA reserves the right to waive response informalities and accept clarifications or revisions as needed.

7.6 Proposer certifies that this bid had been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition.

PRICING

8.1 The bid is broken into Six (6) Bid pricing lots; Bidders must indicate on the Bid Pricing Sheet the net price for all materials and labor required for each section by the required unit of measure. Price must include material cost, delivery, cost of trade consumables, labor, and should reflect the Authority’s tax-exempt status.

The bid pricing must include all work and materials requested unless specifically stated otherwise on the pricing page.

All materials must be per the attached specifications, unless otherwise noted. Any additional work can only be authorized by the Agency’s, which must be obtained in writing prior to initiating the work.

8.2 The work described will be conducted at BHA property locations. The successful bidder in coordination with our Maintenance Supervisor will be responsible for scheduling access to the project location(s) and will collaborate directly with the awarded vendor to ensure that all necessary preparations and access to the project location(s) are met.

8.3 The Contractor shall list any & all subcontractors on the Bid Pricing sheet(s).

8.4 Only the attached Bid Pricing sheet(s) will be considered for determining the pricing of the apparent low bidder.

8.5 At no additional expense, the contractor must remove all debris, trash and scraps created by the work performed. A clean and safe work site must be maintained at all times. The successful contractor will ensure all reasonable efforts are taken to protect all personnel, property, and materials in connection with the execution of the contract. The contractor will ensure the proper handling, safe operation and security of their equipment, tools, and materials.

8.6 Any damage or loss of Agency property as a result of the contractor’s neglect, mishandling, or lack of proper protection must be repaired or replaced by the contractor, to the satisfaction of the Agency, prior to any additional payments by the customer.

8.7 All work areas shall be barricaded during application of any material covered under this bid. The barricade shall remain until the area is dried and ready for traffic.

VERIFICATION OF WORK

9. Field verification of “Work in Place” will be performed by our assigned maintenance site manager(s).

10. BID LOTS

LOT A – Level concrete Pad – Price per Pad

The Contractor shall use properly compacted materials in leveling the area under the existing pad. Then make sure the pad is level to accept either the new Step unit, or the existing step unit. We are also asking for option to pour a new concrete pad.

LOT B – Removal of Existing Concrete Steps – Price per step unit

The Contractor shall move the marked and listed step units in coordination of the placement of the new step units. The schedule is to be determined by the project manager. The pricing shall be inclusive of the disposal of the step unit at a location determined by the contactor off site. Railing will be removed by BHA staff prior to removal.

LOT C – Cost & Placement of new Precast Step unit – Price per step unit

The Contractor shall provide pricing by each step unit type, then provide a brief description of the step type including materials being used and mounting per code requirements, delivery and placed on site.

LOT D – Cost of new Precast Step unit (no placement) – Price per step unit

The Contractor shall provide pricing by each step unit type, then provide a brief description of the step type including materials being used and mounting per code requirements. Units delivered to a centralized location aggregable by the owner & delivery driver.

LOT E –Cost, Build & Placement of new Step unit made from other weather resistant building materials – Price per step unit

The Contractor shall provide pricing by each step unit type, then provide a brief description of the step type including materials being used and mounting per code requirements, delivery and placed on site.

LOT F – Cost of new Railings

The Contractor shall provide pricing for each new railing (to be installed by BHA Staff) type, then provide a brief description of the step type they fit on, materials and finish being used.

All steps shall be made to code standards for our area. Any building permits that are required will be the responsibility of contractor to apply for; any permit fees will be reimbursed by the BHA. The max riser height shall not exceed 7-1/4” height. If conventional building materials are being proposed, please list the materials and grades being used. If stringers are being used, please indicate the fastener type, size and method (for example 6”x 5/8” threaded Concrete bolts will be used to attach the unit to the foundation, there shall be a minimum of 2 structural screws on load bearing connections.) Framing shall provide adequate blocking to install handrails.

11. Requirements:

A. Contractors’ responsibility to review the intended worksite(s) prior to project work initiation.

B. Fire Lane(s) and/or resident parking areas remain free of contractor or subcontractor parking. Unless a pre-approved parking plan has been established and approved by the Agency.

C. All deliveries of equipment and or supplies shall be coordinated with the Housing Authority. Access to parking lot areas requires one (1) week’s advanced notice, if possible, with the on-site Project Manager.

D. Work shifts should be from 8 am to 4:30 pm unless notified and agreed to in advance.

If work is sub-contracted out – please list all sub-contractors in the bid. Please make sure it is clear about what work will be subbed out.

If your bid does not require subcontractors for any work, it will be assumed that the bidder will be the sole contractor on site for the entire project.

TECHNICAL DATA

12. Each bid must be accompanied by technical specifications and literature describing the material, and installation methods.

Technical data will be evaluated to determine compliance with all major characteristics of the materials indicated.

Failure of the technical data to conform to all such characteristics may be cause for rejection of the bid.

BIDDER QUALIFICATIONS

13. Bidders are asked to provide three (3) customer references, preferably public agencies. References must include the facility name, contract person, and contract phone number and address. Any bid received without this information may be rejected for cause.

REFERENCES:

1. _________________________________________________________________Phone#_________________

2. _________________________________________________________________Phone#_________________

3. _________________________________________________________________Phone#_________________

GENERAL CONDITIONS

14.1 All conditions set forth in the General Conditions are in effect unless specifically modified.

A. The BHA may, without invalidating this agreement, order additional services charged on a prorated basis or reduce services without a penalty charge and given prorated credit.

B. Each bidder must state that no member of a participating board, or any officer, or employee thereof, is directly or indirectly interested in the bid.

C. By signing the agreement to the conditions and stipulation of this bid, the bidder also must certify that neither it nor any of its principals (e.g., key employees) have been proposed for debarment, debarred, or suspended by a federal agency as set forth in the non-procurement debarment and suspension regulations (7CFR Part 3017) issued January 30, 1989 (54 FR 4722).

D. The contractor(s) shall obtain and pay for all licenses as may be necessary or required for the completion of the work. The contractor shall complete all building permits as required. Building permit fees will be the responsibility of the BHA, and the contractor will bill the BHA for these items under reimbursable expenses with the appropriate back up at the time of the payment request to the BHA.

All expediting, handling of permits, etc. are included with the bidder price and not reimbursed separately.

E. All equipment, materials, etc. specified to be removed from the site shall become the property of the

BHA, unless otherwise stated.

F. All work areas shall be left in a clean, safe, and workable condition.

G. The contractor shall ONLY repair, replace, upgrade, or install work that they are instructed to perform.

H. If there are any questions regarding the work that is to be done, it will be the responsibility of the contractor to contact the designated BHA representative and request clarification before proceeding.

I. It is up to the expertise of the contractor to estimate the initial cost of each individual job or project and provide an estimate to the BHA representative.

J. The BHA reserves the right to terminate the contract with a 30-day written notice.

K. By executing a contract with the BHA, the contractor represents that he has familiarized himself with the local conditions under which the work is to be performed.

L. In the event of accidental site damage, it will be the responsibility of the contractor to return the site to its original condition at no cost to the BHA.

M. If temporary repairs are required due to an emergency, the contractor is instructed to do so in the direction of the BHA’s designated representative.

N. All permanent repairs must be made as soon as possible. This must be done within thirty (30) days after the problem has been diagnosed and approval to proceed has been given.

O. It will be the responsibility of the contractor to leave the area in a clean, “broom swept” state in areas when there is access to tenants. The contractor must remove all debris generated while making repairs, replacements, or installations.

P. Contractor is an independent contractor. The manner in which the services are performed shall be controlled by the contractor; however, the nature of the services and the results to be achieved shall be specified by the BHA. The contractor is not to be deemed an employee or agent of the BHA and has no authority to make any binding commitments or obligations on behalf of the BHA except as expressly provided herein.

Q. It is the responsibility of the vendor to adhere to all the conditions and specifications set forth. Failure to adhere to the aforementioned conditions, after the award has been made, may result in the vendor being found in default of this contract. Therefore, by submitting a BID, the bidder agrees to all conditions contained herein and on the enclosed General Conditions. No charges will be paid by the customer except those specifically set forth herein.

R. FORCE MAJEURE - Neither party shall be liable to the other or be deemed in breach of this contract for any failure or delay in rendering performance arising out of causes beyond its reasonable control specifically excluding their fault or negligence.

S. DELAYS BY OWNER - If the performance of all or any part of the work is, for an unreasonable period of time, delayed by an act of the BHA in the administration of this Agreement other than a suspension, or by its failure to act within the time specified in this Agreement (or if no time is specified, within a reasonable time), an adjustment shall be made for any increase in cost of performance of this Agreement (excluding profit) necessarily caused by such unreasonable delay, and the Agreement modified in writing accordingly. However, no adjustment shall be made under this paragraph for any suspension or delay to the extent (1) that performance would have been suspended or delayed by any other cause, including the fault or negligence of the contractor, or (2) for which an equitable adjustment is provided for or excluded under any other provision of this Agreement.

T. The Spota Bill requires that the awarded Contractor(s) provide a Certified Payroll with each invoice. This requirement is connected to the Prevailing Wage Rate requirements. The filing of Certified Payrolls to the Housing Authority is a payment condition.

U. The BHA shall provide and permit the awarded contractor timely access to all related areas and equipment and shall allow the contractor to start and stop access to the worksite as necessary to perform any required work for this project. Any stopping of emergency exit areas shall require an updated exit plan and signs to be posted conspicuously for tenants and staff. We will need 48-hour advanced notice if applicable.

LAWS, ORDINANCES AND CODES

15.1 The bidder further agrees to comply with all the laws, rules and regulations as may be applicable to the services of or any act necessary to the fulfillment of this bid. All conditions set forth in the enclosed General Conditions are in effect unless specifically modified.

15.2 The successful bidder will comply with all Federal, State, County, City and local laws, codes, regulations, and ordinances applicable to the installation, service of this bid and the most currently approved code requirements for the project.

SAFETY

16.1 At a minimum, this includes: identification of a responsible Safety Manager, the Safety Manager, or his designated representative, to be present on site whenever work is ongoing; staging, materials and equipment storage, and work areas perimeter to be enclosed by a safety fence with continuous screening; whenever work occurs at an area outside, a flag person to be present to direct pedestrian and vehicle traffic; any work over buildings perimeter walls, access routes, and walkways to utilized approved sidewalk sheds to protect pedestrians and workers below; excavations to be guarded, and utilize the appropriate shoring, protective systems, and access control; temporary signage, posting of all permits, Davis Bacon wage compliance, NYSDOL, NYSDEC, and Federal posting requirements, warning devices, flagmen or other means of pedestrian and vehicle traffic control; and safety equipment as stipulated in the Project Specific Site Health and Safety Plan (HASP).

16.2 Temporary egress requirements: The contractor shall maintain at all times, equal egress to buildings, unless otherwise approved in writing from the BHA.

TAXES

17.1 No charge will be allowed for Federal, State or Municipal sales and excise taxes, for which the BHA is exempt. The price shall be the net price for the type of coverage offered and shall not include the amount of any such tax.

Exemption letter/certificate, if required, will be furnished on forms provided by the bidder.

EVALUATION OF BIDS / DETERMINATION OF AWARD

18.1 The evaluation process, in determining which bid meets the qualifications, references and reliability will be conducted by the award committee. Bids will only be considered from companies whose financial resources, technical ability and experience are commensurate with the scope of services to be performed.

18.2 The BHA will, based on the final comparison of all bids received, award the bid to the lowest, responsive, responsible bidder who will best promote the best value and public interest. The Bid Committee reserves the right to change the type of bid award if it is in the best interest of the public.

18.3 The BHA reserves the right to waive response informalities and accept clarifications or revisions as needed.

The BHA reserves the right to reject, for cause, any bid in whole or in part if in its judgment the best interests of the

BHA will not be served.

18.4 In the event that two or more low bids are tied, we reserve the right to assign projects on one or more of the following factors: (a) MWBE firm participation performance; (b) vendor’s list of current or past similar work and references for evaluation; (c) a determination in the best interest of the Agency including determinations of contractor capacity and distribution of work among contractors.

POST AWARD REQUIREMENTS

19. Accord Certificate required above due no later than three (3) business days after Notice of Award, all evidence of Insurance documenting the policies articulated in Section 5 above shall be submitted as early as possible but no later than seven (7) calendar days of contract execution.

POINT OF CONTACT

20. Contractor questions regarding this bid shall be directed to the Contract Administrator by email at megan@binghamtonha.org or fax: 607-204-0055. All questions regarding the contents of this Bid must be submitted in writing. Questions may be submitted by fax or email. Answers to inquiries that are material in nature will be given to all prospective vendors in a formal addendum to the solicitation and shall become part of the ensuing contract.

CONTRACT TERM

21. The term of this contract will be for 1 year from the award date.

NON-PERFORMANCE/DEFAULT/TERMINATION

22. In the event the contractor should default in performance of the obligations here under proposed or agreed conditions and the contractor fails to cure such faults to the satisfaction of BHA, the BHA may, upon a 30-day notice, terminate this agreement in its entirety without recourse by the contractor. BHA may additionally proceed by law or inequity to recover damages for such default and to secure and enforce any rights accruing to it under any applicable law by reason of such default.

LITIGATION

23. In the event either party participates in any litigation brought in reference to this contract, or upon the settlement of a dispute out of court, the prevailing party shall be entitled to recover from the non-prevailing party all of its reasonable attorney and court costs.

INSURANCE REQUIREMENTS

24.1 The bidder understands and acknowledges that the BHA normally requests and secures certain insurance coverage to protect the public from injuries or damage arising out of negligence. The awarded contractor guarantees to furnish adequate protection insurance for damage to buildings, grounds and/or equipment occurring on account of or in connection with the furnishing and delivery of this contract. The bidder agrees to save, defend, keep harmless and indemnify the BHA, and all its agents from any and all claims, however caused, resulting from or in any way connected with the awarded bidder’s performance of the contract. The following insurance shall be maintained by the awarded contractor for the duration of the bid award contract period.

General Liability

Property - min. $1,000,000.00 and Personal - min. $1,000,000.00 or blanket coverage for $2,000,000.00

24.2 An Accord Certificate of Insurance demonstrates that the Bidder has sufficient insurance to comply with policy minimums specified The selected contractor shall have and keep in effect during the term of this contract, Commercial General Liability Insurance covering bodily injury, personal injury, and property damage in amounts not less than $1,000,000.00 per occurrence; $2,000,000 aggregate.

Upon Notice of Award, the successful bidder shall have three (3) business days to submit an updated Accord Certificate of Insurance that contains the following Additional Insureds and insurance provisions (language to be inserted in DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES section of Accord form):

Professional Liability containing errors and omissions coverage in amounts not less than $1,000,000.00.

General Liability covering bodily injury, personal injury, and property damage in amounts not less than

$2,000,000.00.

Workers Compensation and Employees Liability in amounts not less than statutorily required. The bidder agrees to comply with the provisions of the Workmen’s Compensation Act and the bidder agrees to indemnify and save harmless the board and other employees from claims of the Workmen’s Compensation Act.

Automotive Liability covering bodily injury and property damage in an amount not less than $1,000,000.00

General Liability Insurance. In amounts not less than:

$ 1,000,000.00 per occurrence for bodily injury (including death) and property damage combined.

$ 2,000,000.00 per occurrence for personal and advertising injury;

$ 2,000,000.00 products and completed operations aggregate;

$ 2,000,000.00 per location aggregate.

Comprehensive Auto Insurance. In amounts not less than:

$ 1,000,000.00 combined single limit for bodily injury and property damage, covering all owned, non-owned, and hired vehicles utilized or related to Contractor’s activity or performance under this Work Order.

Workers’ Compensation Insurance and Disability Benefits Insurance. Covering Employer’s liability, workers compensation coverage, and disability benefits coverage as required by the provisions of the Workers Compensation Laws of NYS.

Excess Liability Insurance. In amounts not less than:

$ 2,000,000.00 per occurrence;

$ 2,000,000.00 per project or per location aggregate.

24.3 A copy of insurance certificates shall be submitted to the BHA: as a certificate holder upon notification of award.

Waiver of subrogation applies, subject to policy terms and conditions.

30 Day notice of cancellation applies to General Liability, Auto Liability and Excess Liability only, subject to policy terms and conditions.

24.4 The contractor shall not sell, assign, nor otherwise transfer any portion of the contract or the work responsibility and obligations there under, without written consent of the BHA.

CONDITIONS OF DELIVERY AND INSTALLTION

25. The awarded Contractor will provide the Authority with a project schedule within 5 business days upon receipt of the award letter. A proposed construction or delivery schedule for any requested project must be provided.

PRE-BID INSPECTION – SITE WALKTHROUGH

26.1 It is highly recommended that before submitting a bid/proposal, each contractor should conduct an examination of the work area that engages in this project, conditions, requirements, and obstacles, if any exist, that may affect the workflow of this project. Failure to make such examinations or measures shall not relieve the successful bidder from the obligation to comply, in every detail.

Nothing stated at the pre-bid conference/site inspection shall change the terms and/or conditions of the contract unless memorialized in writing as required herein.

Walkthrough – We will be meeting at 35 Exchange Street, Binghamton, NY 13901 at the main office at 10 am sharp. The walk-through will start at by walking around Northshore Villages Buildings 3-5 rear step units along the streets and front step units that face the complex’s courtyard. Then we will move the inspection to Carlisle Hills – 150 Moeller Street, meeting by the administration building/Gym working our way around the property.

If you need additional time to take measurements or assessments, it is recommended to contact the office to make additional arrangements to come back.

26.2 DETERMINING SITE CONDITIONS - Before beginning any project, the awarded Contractor(s) must make an examination of the area where the work is located to ascertain the conditions, requirements, and obstacles, if any exist, that may affect the operation of the removal, leveling or installation of the steps requested. Arrangements to examine the area should be made directly with the Maintenance Supervisor at the site.

A company representative must take measurements at each location of the proposed project area.

The awarded Contractor shall notify the Maintenance Site Supervisor of the scheduled work areas that are up-coming, that way any sub-contractors or owner can provide proper notice to the tenants and make sure that any per installation or site work is not prior to the setting on the steps at that location.

26.3 We are asking contractors to submit on the attached sheet marked Step & Pad worksheet by Site/apartment as to the recommended steps, pads and railings are recommended to be replaced and take the appropriate measurements for the replacement. Then provide pricing.

27. WORKMANSHIP

A. All work will be performed in a professional manner in accordance with generally accepted industry standards and

State and Local codes and standards. The BHA may inspect the work at any time and may require safety, code, or workmanship irregularities, deficiencies, or errors to be corrected before proceeding. Any labor or materials required to make the appropriate corrections will not be billable in any manner to the customer. At the BHA’s discretion all further work may be halted until all improper or substandard workmanship and/or materials are corrected.

B. At no additional expense, the contractor(s) must remove all debris, and trash created by the work performed. A clean and safe work site must be maintained at all times.

C. If the deficient workmanship and/or materials are not corrected in a timely manner or jeopardizes the installation schedule or safety of the tenants, staff and public, the BHA, upon written notice, may choose to have the work completed by another contractor. Any cost difference from the original contracted price will be borne by the contractor that was replaced, without recourse by the contractor.

D. Work shall be progressed to cause the least inconvenience to the tenants occupying the building where work will be performed.

E. A minimum of 48 hours’ notice is required for the BHA to notify tenants of upcoming work. Communication between the prime contractor and the project manager is key in getting notifications out.

F. Any damage or loss of BHA property because of the contractor’s neglect, mishandling, or lack of proper protection must be repaired or replaced by the contractor, to the satisfaction of the BHA, prior to any additional payments by the BHA.

G. The contractor shall not sell, assign, nor otherwise transfer any portion of the contract or the work responsibility and obligations there under, without written consent of the BHA.

SUB-CONTRACTORS

28. The awarded contractor is solely responsible for the performance of all those employed or contracted either directly or indirectly. Any sub-contracting of work must have prior approval of the BHA. A list of subcontractors must accompany your bid.

LABOR WAGE RATES

29.1 United States Department of Labor (USDOL) Prevailing Wage Schedule for Residential Projects in Broome County under the Davis Bacon wage schedule shall apply for this Project. Submission of Certified Payroll and properly posted Prevailing Wage Rate Schedule are also required.

a. See the attached document “ATTACHMENT B“ for Wage Schedule – Broome County, New York.

b. DAVIS-BACON ACT AND OTHER LABOR COMPLIANCE The Contractor shall comply with the Davis Bacon Act (40 U.S.C. §§ 276a to 276a-7) as supplemented by Department of Labor regulations (29 C.F.R. Part 5), and all other applicable federal, state, and local laws and regulations pertaining to labor standards as far as they apply to the performance of this agreement. In addition, Contractor shall comply with the Federal Labor Standards Provisions set forth in Form HUD-4010, available at http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_12586.pdf

c. All laborers employed by the contractors or subcontractors, including employees of other governments, on the work assisted under this contract, and subject to the provisions of the Federal acts and regulations listed in this paragraph, shall be paid wages at rates not less than those prevailing on similar Services in the locality as determined by the Secretary of Labor in accordance with the Davis Bacon Act. The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this part.

d. Contractor agrees to comply and to cause all subcontractors engaged under such contracts to comply with federal requirements pertaining to such contracts and with the applicable requirements of the Department of Labor under 29 C.F.R. Parts 1, 3, 5, and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is to relieve Contractor of its obligation, if any, to require payment of the higher wage.

The contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations and provisions meeting the requirements of this paragraph.

e. Labor cost should reflect the current schedule of rates. Labor and Installation costs specified by the

Contractor shall include all direct and indirect labor and overhead costs. The bidder shall have no claim to any additional costs should the installation take longer than the contractor calculated.

f. Contractor shall not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off, of any individual due to race, creed, color, national origin, age, sex, or which is in violation of applicable laws concerning the employment of individuals with disabilities.

g. Wages In accordance with Section 12 of the U.S. Housing Act of 1937 (42 U.S.C. 1437j) the contractor shall pay not less than the wages prevailing in the locality, as determined by, or adopted (subsequent to a determination under applicable State or local law) by the Secretary of HUD.

h. The contractor acknowledges and agrees that the owner may award the contracts to Separate Contractors for other activities or work at the Project Site. Contractor agrees: to maintain Labor Harmony with subcontractors and labor organizations, and as such cooperate reasonably and will coordinate with any Separate Contractors so as to avoid disputes and delays; to allow Separate Contractors, upon reasonable advance notice during normal working hours, to review pertinent documents in Contractor’s possession (including any Contract Documents or Shop Drawings and samples which will or may affect the work of such Separate Contractor); if Contractor controls the Project Site, to afford Separate Contractors access to the Project Site (provided that all Separate Contractors shall coordinate their work with Contractor while on the Project Site); and to notify promptly any Separate Contractor, Project manager of any problems in the Separate Contractor’s work that are reasonably likely to cause damage or delay to Contractor and to cooperate with the Separate Contractor to mitigate the effects of the problem.

i. Should the wage determination be updated prior to the award date of this project, the Contract shall use the update wage schedule.

j. All Laborers working on the project are subject to a wage compliance interview while on site

30.1 LICENSE AND PERMIT REQUIREMENTS

a) All Contractors submitting bids are to be authorized contractors and installers of the product & materials being requested.

b) It shall be the responsibility of the successful Contractor to comply with New York State, County and City regulations by securing the necessary permits and inspections that may be required for the commencement and completion of this project. Permit fees are a reimbursable by the owner.

c) The City of Binghamton requires a “Street Work Permit” to park any vehicle/equipment on the street (for example a truck with a boom to deliver or place step units).

a) Permit information can be obtained from the City’s engineering Office at 607-772-7007. Applications are also available on their website at https://www.binghamton-ny.gov/home/showpublisheddocument/858/638126516423800000 Liability Insurance requirements do apply (please contact them with any questions about permitting).

Steps, Concrete Step Removal & Replacement, & Pad Leveling – BID #25-03

Bid Pricing Sheet Steps, Concrete Step Removal & Replacement, & Pad Leveling project bid as described in the SOW, attach additional sheets if necessary for different options or sizes.

LOT A – Concrete Pad – Price per Pad - (Please identify the material and or process to level the pad)

Pricing structure A1 - Price per Pad to level (With-out step unit on them) $____________________

Additional/Alternate information: _________________________________________________________________

Pricing structure A2 - Price per Pad to level (With step unit on them) $____________________

Additional/Alternate information: _________________________________________________________________

Pricing structure A3 - Removal of Existing Concrete Step unit from pad, put aside, then placed back on pad after leveling – Price per step unit

Price per step unit: $______________________ Description: ___________________________________________

Pricing structure A4 - Removal of Existing Concrete Step unit, pad, level site and pour new concrete pad – Price per step area (does not to include price of step).

Price per Pad with removal of old materials and leveling: $______________________ Description:

LOT B – Removal of Existing Concrete Step unit with platform with disposal – Price per unit

Pricing structure B1 – Price per step unit: $______________________ Description: _____________________ (1 Step Units)

Pricing structure B2 – Price per step unit: $______________________ Description: _____________________ (2 Step Units)

Pricing structure B3 – Price per step unit: $______________________ Description: _____________________ (3 Step Units)

Pricing structure B4 – Price per step unit: $______________________ Description: _____________________ (4 Step Units)

Pricing structure B5 - Price per step unit: $______________________ Description: _____________________ (5 Step Units)

Pricing structure B6 - Price per PAD unit: $______________________ Description: _____________________ (PAD unit only)

Additional/Alternate information: _________________________________________________________________

LOT C - Cost & Placement of new Precast Step unit delivered - Price per step unit

Pricing structure C1 - Cost Price per step unit: $______________________ Description: _____________________ (1 Step Units)

Pricing structure C2 - Cost Price per step unit: $______________________ Description: _____________________ (2 Step Units)

Pricing structure C3 - Cost Price per step unit: $______________________ Description: _____________________ (3 Step Units)

Pricing structure C4 - Cost Price per step unit: $______________________ Description: _____________________ (4 Step Units)

Pricing structure C5 - Cost Price per step unit: $______________________ Description: _____________________ (5 Step Units)

Additional/Alternate information: _________________________________________________________________

LOT D – Cost of new Precast Step unit delivered (no placement)– Price per step unit

Pricing structure D1 - Cost Price per step unit: $______________________ Description: _____________________ (1 Step Units)

Pricing structure D2 - Cost Price per step unit: $______________________ Description: _____________________ (2 Step Units)

Pricing structure D3 - Cost Price per step unit: $______________________ Description: _____________________ (3 Step Units)

Pricing structure D4 - Cost Price per step unit: $______________________ Description: _____________________ (4 Step Units)

Pricing structure D5 - Cost Price per step unit: $______________________ Description: _____________________ (5 Step Units)

Additional/Alternate information: _________________________________________________________________

LOT E – Cost, Build, and Placement of new Step made from other weather resistant building materials, each unit would be delivered or built on site & installed per code requirements - Price per step unit *Please see section 10 - Lot E for more details

Pricing structure E1 - Cost Price per step unit: $______________________ Description: _____________________ (1 Step Units)

Pricing structure E2 - Cost Price per step unit: $______________________ Description: _____________________ (2 Step Units)

Pricing structure E3 - Cost Price per step unit: $______________________ Description: _____________________ (3 Step Units)

Pricing structure E4 - Cost Price per step unit: $______________________ Description: _____________________ (4 Step Units)

Pricing structure E5 - Cost Price per step unit: $______________________ Description: _____________________ (5 Step Units)

Additional/Alternate information: _________________________________________________________________

LOT F - Cost of new Railings delivered (Owner or 3rd party will install) - Price per step unit type (please indicate which step unit they fit on)

Pricing structure F1 - Cost Price per step unit: $______________________ Description: _____________________ (Railing for 1 Step Units)

Pricing structure F2 - Cost Price per step unit: $______________________ Description: _____________________ (Railing for 2 Step Units)

Pricing structure F3 - Cost Price per step unit: $______________________ Description: _____________________ (Railing for 3 Step Units)

Pricing structure F4 - Cost Price per step unit: $______________________ Description: _____________________ (Railing for 4 Step Units)

Pricing structure F5 - Cost Price per step unit: $______________________ Description: _____________________ (Railing for 5 Step Units)

Value-Added item - Please indicate a value-added feature or service included with your bid (for example – would provide a rental of a clamp arms to move step units around for 14 days after the last delivery).

Exceptions or notes:

Contractor’s Name: _______________________________________________

Signature: _______________________________________________________

BHA BID AGREEMENT -

Steps, Concrete Steps Removal & Replacement, & Pad Leveling – BID #25-03

AGREEMENT

By submitting a bid, the bidder agrees to all the conditions and stipulations contained herein and on the enclosed General Conditions.

Signed: ________________________________________ Date: ______________________

Printed Name: __________________________________ Phone: (____ )__________

Company: ______________________________________ Fax: ( )

Address: ____________________________________________

FEIN #:____________________

Email: _______________________________________________________

Website: ______________________________________________________________

Insurance Carrier:_______________________________________________________

Limits:________________________________________________________

MWBE Qualification: The BHA encourages the participation of MWBE companies in all bids as a means to promote business equality.

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