LHC_HHP_Specs_(Contractor)_2019_(5).pdf

SPECIFICATIONS (rev 8/14/19)

910-48 Lead Hazard Control and Reduction & Healthy Homes Production

1.0 Scope/Intent

The purpose of this specification is for the City of Newark to enter into an agreement with a pool of professional, licensed and certified Lead Abatement Contractors who are also registered as General Contractors to perform lead abatement activities in tandem with capacity to incorporate the basic elements of healthy homes and perform renovations and/ or abatements as determined by the consultant, based on the healthy homes hazards model established by HUD. Projects will be awarded by the City to the lowest responsible bidder.

Renovation activities will include Lead and any of the other 28 Healthy Homes Hazards below:

1. Lead

2. Damp and mold growth 16. Food safety

3. Excess cold 17. Personal hygiene, Sanitation and Drainage

4. Excess heat 18. Water supply for Domestic Purpose

5. Asbestos (and MMF) 19. Falls associated with baths etc

6. Biocides 20. Falls associated with stairs and steps

7. Carbon Monoxide and fuel combustion products 21. Falls on the level

8. Radiation 22. Falls between levels

9. Uncombusted fuel gas 23. Electrical hazards

10. Volatile Organic Compounds 24. Fire

11. Crowding and space 25. Hot surfaces and materials

12. Entry by intruders 26. Collision and entrapment

13. Lighting 27. Explosions

14. Noise 28. Ergonomics

15. Domestic hygiene, Pests and Refuse 29. Structural collapse and failing elements

2.0 Compliance

The successful contractor(s) must comply with all applicable ordinances, laws, codes, standards guidelines and regulations including but not limited to the following;

2.1 Lead Ordinance

2.2 Home repair contractor license issued by Department of Banking and Insurance

2.3 License for General Contractor/Commercial Construction with the City/County

*Healthy Homes Specialist Credential Strongly Preferred

2.4 Registration of Home Builder and Home Improvement License

2.5 EPA’s Renovation Repair Painting (RRP) rule

2.6 Affirmative action P.L 1975 C. 127

2.7 Department of Labor Wage Regulations

2.8 Section 3 Ordinance (HUD)

2.9 DEP Regulations

2.10 Federal Regulations: Occupational Safety and Health Administration (OSHA)

2.11 Federal Regulations: Environmental Protection Agency (EPA)

2.12 Federal Regulations: Department of Housing and Urban Development (HUD)

2.13 Title X

The contractor, at his own cost and expense, shall comply with all laws, ordinances, rules, and regulations of federal, state, regional and local authorities regarding the handling and storing of all related waste material.

All regulations set forth above and other governing agencies are applicable with most current version.

Where there is a conflict between these specifications and the cited federal, state, or local regulations or guidelines, the more restrictive or stringent requirements shall prevail.

3.0 Performance

3.1 License Requirements – Contractor(s) shall be qualified to perform both lead abatement operations as defined by state law – N.J.A.C 5:17, HUD Guideline, EPA, and Local Law, and remediation of the other residential healthy homes hazards, where applicable. Contractor(s) must also hold specific licenses and/or certifications in any and all areas of abatement work where licensure is required by law (see Section 2.0). The general contractor must understand that after April 22, 2010, federal law requires renovation firms (including sole proprietorships) to be certified and requires individuals to be trained in the use of lead-safe work practices.

Contractor must also ensure and provide documentation proving that any abatement work that is sub-contracted is also performed by properly licensed individuals and/or entities.

3.2 Demonstrated Ability of Workers – Contractor(s) must demonstrate that they have (or will have) a sufficient number of successfully trained and certified workers who can complete all aspects of work covered in this Specification.

3.3 Disposal – Impermeable containers are to be used to receive and retain any contaminated materials until disposal at an acceptable disposal site. All hazardous material must be removed from work site daily. Hazardous waste material shall be labeled and transported in accordance with EPA and DOT standard. The Manifest and other required reports should be submitted in accordance with the applicable regulations.

3.4 Dust – Where applicable HEPA filtered exhaust systems shall be used during any dust generating activity operations.

3.5 Signs – Where applicable warning signs shall be placed outside all entrances and exits to the dwelling. The city agents reserve the right to stop abatement work until signs are appropriately posted. The signs for lead abatement projects shall be at least 20”x14” with not less than 2” inch tall bold letters and it reads:

WARNING

LEAD PAINT REMOVAL HAZARD

UNAUTHORIZED ENTRY PROHIBITED

NO SMOKING, EATING OR DRINKING ALLOWED IN THE WORK AREA.

3.6 Lead Block Paint-Contractor(s) must use Lead Block Paint

Lead Block Paint is a water -based elastomeric acrylic coating with excellent adhesion, elongation, and tensile strength characteristics. When applied to surfaces bearing lead-containing paint, Lead Block Paint will seal in the lead paint with a thick, elastic membrane sheathing. Contractors failing to use Lead Block Paint will be required to perform the abatement renovation work again at their own cost.

4 Warranty/Guarantee

4.2 Warranty – The contractor shall submit the manufacturer’s warranty for all items used or installed and give to homeowner upon completions.

4.3 Guarantee – Labor and workmanship must be guaranteed for at least one (1) year.

5 Certification

All work must be approved, cleared and certified by the city or its agent(s) prior to receiving payment.

6 Default

If any phase of the work involved is not being performed correctly, according to the city or its agent(s), in whole or in part, the contractor shall correct the problem or be subject to contract termination.

Violations of any laws relating to performance or workmanship shall constitute reason for dismissal and termination of the contract. The work involved must be corrected before payment is received.

Contractors must not use agreement made between the contractor and the owner as leverage to change the City scope of work. Any agreement that affects the original scope of work is not permitted and will not be reimbursed and/or paid for by the City.

7 Criteria for Selection

The city shall select all responsible contractors based on the following criteria:

7.1 Contractor shall provide a copy of a valid New Jersey Lead Abatement Certification.

7.2 Contractor shall provide a copy of a valid New Jersey Home repair contractor license issued by Department of Banking and Insurance.

7.3 Contractor shall provide a copy of a valid License for General Contractor/Commercial

Construction with the City/County in New Jersey.

7.4 Contractor shall provide a copy of a valid New Jersey Registration of Home Builder and

Home Improvement License.

7.5 Completed Bid Reference List for projects completed, listing contract amount of each project and dates performed.

7.6 Pricing for Lead – An hourly rate for labor shall be provided to the city based on the four acceptable methods of remediation (Enclosure, Encapsulation, Removal & Replacement, and Stripping).

7.7 Pricing for Healthy Homes Hazards – An hourly rate which covers all expenses except materials shall be provided to the city in Attachment A. The total unit price (hourly rate) shall determine the order of the lowest responsible bidder of the pool of contractors.

7.8 The overall price at the time of walk-through to bid on each unit shall be awarded to the lowest vendor for both Lead and Healthy Homes based upon total unit price (hourly rate), which should reflect the hourly rate as submitted for determination of order of lowest bidder, plus the price of materials.

The following items should be considered when providing an hourly rate on the price schedule sheet:

A. The prevailing wage (including fringe benefits) B. Employer Contributions C. Overhead and Profit D. Medical Benefits

8 Individual Project Selection

The contractors selected to participate in the pool shall not be ranked in any specific order. All contractors shall have an equal opportunity to submit bids on all individual projects identified by the City; however, the hourly rate provided by each contractor shall be the basis from which the labor costs for each project shall be derived. (Hourly labor rates cannot be changed after selection to the pool).

A post bid meeting may be held with the lowest bidder.

8.1 The City reserves the option to the next lowest responsible bidder if the lowest bidder has three (3) or more awarded projects that are pending. Any awarded unit in dispute may be considered as pending until resolved.

9 Insurance

Site-specific General Liability Insurance Certificates with the property owners listed as the certificate holder and the Agency/City named as additionally insured.

10 Bonds

Contractors need to submit a 100% Labor and Materials Payment Bond and Performance Bond (may be waived depending on size of project).

11 Performance Bonds

The selected vendor shall provide a Performance Bond in the amount of 10% of each individual job. A certified check in lieu of the bond may be provided for deposit. The certified check or bond shall be returned upon satisfactory completion of the contract.

12.0 Project Details

12.1 Contractors are responsible for inspecting all existing conditions prior to bidding in order to eliminate or reduce the need for a change order.

12.2 Work must be completed and performed according to the scope of service and cannot be changed by the contractor.

12.3 Any revision or changes in the scope of work will be established by the

City issuing a revised scope of work.

12.4 The contractor shall provide inspection reports and shall submit all proposals within 5 days at a specified time designated at the pre-bid walk through.

12.5 All bids for individual projects shall be submitted to the Program Manager in the DHCW, Childhood Lead Poisoning Prevention Program, located at 94 William Street, 3rd Floor, Newark, NJ. Inquire at (973) 733-5323.

12.6 All bids shall be submitted on the Price Schedule provided by the City of Newark

12.7 The contractor shall indicate the completion time for individual jobs, on the Price Schedule

12.8 A Notice to proceed will be provided to the contractor from the City.

The contractor shall provide to the Program Manager copy of the ten (10) days “Notification of Lead Abatement” issued by the DCA pursuant to NJAC 5:17-5.1(b)1., prior to abatement work being conducted by the Contractor

12.9 Change Orders – cannot be more than a maximum of 20% of the individual job total and must be pre-approved by the City of its authorized designee. Any job requiring a change order more than 20% must go back out to bid and a new scope of work must be developed to reflect the additional lead and healthy homes hazards abatement work needed. The City Reserves the option to go back out to bid for change orders under20%, which will require a new scope of work developed by consultant.

12.10 All abatement and renovation work must comply with specifications and bid response The contractor shall submit a Clearance Approval in accordance with Federal and State guidelines to the city and to the homeowner. The consultant must conduct the Dust Wipes once the contractor has completed the lead-based paint work. Dust Wipe clearance must be taken at the earliest one hour after completion of job with clean

up. The Program Manager (PM) or housing inspection consultant must conduct a final inspection once the contractor has completed all work. The contractor shall be responsible to ensure that the Scope of Work is completed before scheduling a final clearance with the consultant. If the consultant is called by Contractor to conduct a final clearance test but the Consultant is unable to conduct such test because Contractor has failed to complete the Scope of Work. The visit by the Consultant will be considered the first visit for Clearance regardless if the Consulate conducts a clearance test or not. The contractor shall be held responsible for all subsequent clearance cost including dust wipes and the additional time to achieve clearance as it relates to the given project completion date. The abatement contractor may use any of the lead consultants approved by the City to conduct secondary and tertiary dust wipes when there is a failure to pass on the 1st visit by the Consultant regardless if Consultant conducted a clearance test or not.

12.11 The contractor along with the owner and supervising Lead Inspector will conduct a walkthrough of the job site upon completion of the established scope of work in the agreement.

12.12 The contractor shall be responsible for liquidated damages of $50.00 per day, per person living at the unit being remediated or the cost of hotel rental for a single room, per person living at the unit being abated, whichever is higher shall be paid if the work is not completed in the agreed time. The agreed time must be indicated from the contractor once the order to proceed is given from the City. The contractor must give a start and end date as soon as the unit occupant’s relocation process is completed by the City. It is anticipated that the homeowner’s family or tenants must be relocated to a hotel if jobs are not completed pursuant to details in Section 12.5. This penalty will not apply if the completion date is extended due to approved change orders. A new completion time shall be provided after any change order is approved

12.13 Any contractor failing to abate work pursuant to Section 12.5 shall refrain from bidding on future work advertised for the pool of contractors until such time as the work is completed.

12.14 Each contractor will be given a distinct contract number to be used as the reference number when submitting bids on individual projects.

12.15 Contractor shall not negotiate with the homeowner for any additional work while conducting work for the City at the time of the abatement. The City will not be responsible for additional work conducted by contractor on behalf of the homeowner.

13 Payment

The contractor must prepare separate invoices, one invoice for lead abatement work and, if applicable, one invoice for Healthy Homes “28 healthy homes hazards”, remediation cost.

Any and all payments are subject to the clearance of the Consultant approved by the Department of Health and Community Wellness.

Contractors must submit invoices for units completed no later than 30 days after the unit has achieved clearance. The invoice(s) must be accompanied with the bid award document.

Contractor’s must reconcile all outstanding invoices with the DHCW no later than 4 months past the clearance date for any units, where work has been completed, invoices have been submitted but invoices remain unpaid. DHCW will not be held accountable for any invoices not submitted within six months from clearance date of the unit and payment of late invoices will be subject to availability of funds

14 Note

To avoid conflict of interests, vendors CAN NOT be awarded both the Lead - Healthy Homes Hazard Abatement Contractor and Lead - Healthy Homes Hazard Control Inspection Services Consultant contracts. Vendor can only be awarded one or the other.