Walnut Avenue Homes PRIME SUBCONTRACTOR FOR 607 WALNUT AVE CONTRACT BID NOTIFICATION PACKAGE TABLE OF CONTENTS

Transcription

1 Walnut Avenue Homes PRIME SUBCONTRACTOR FOR 607 WALNUT AVE CONTRACT BID NOTIFICATION PACKAGE TABLE OF CONTENTS SERIES 0 BIDDING REQUIREMENTS AND CONTRACT FORMS Invitation to Bid Instructions to Bidders Scope of Bid Form of Proposal Bid Request for Information Form Supplementary Conditions for Subcontractors Insurance requirements Sample Certificate of Liability Insurance Instructions for Administrative Requirements Davis Bacon Wage Rate Sheet & Federal Labor Standards Provisions NOTE: THIS IS SUPPLEMENTARY INFORMATION TO THE PROJECT MANUAL. THE COMPLETE PROJECT MANUAL SHOULD BE REFERENCED IN ADDITION TO THIS BID NOTIFICATION PACKAGE. PROJECT NUMBER # SHARS # Niagara Falls, New York CONTRACTOR Housing Visions Construction Co., Inc 1201 E. Fayette St. Syracuse, NY phone fax NIAGARA FALLS, NY

2 PROJECT NO SECTION INVITATION TO BID PRIME SUBCONTRACTOR FOR 607 WALNUT AVE - CONTRACT You are invited to Bid as a Prime Subcontractor for the 607 Walnut Avenue Site & Building work scope, which is part of the Walnut Avenue Homes Project in Niagara Falls, NY. We are now accepting bids for: Prime Subcontractor for 607 Walnut Ave Bid Submittal Deadline: 5:00 PM Eastern Standard Time, Monday, September 22, 2014 Bid Location: Housing Visions Construction Company, Inc. 101 E Fayette St., Syracuse, NY The following documents are mandatory requirements for all Bids: Bid Form: All Bids must be submitted on the Housing Visions Construction Co., Inc. Bid form as Sealed Bids. Include copy of signed Section Scope of Bid with Bid Form for this Subcontract Contract Requirements Specifications & Drawings Responsibilities of chosen subcontractors include: Certificate of Insurance per Section EEO and M/WBE Policy Statement Compliance Documents and Elations on line Certified Payroll. This includes Davis Bacon Wage Rates, M/WBE A good faith outreach effort to solicit participation of City of Niagara Falls /or NYS certified Minority and Women Owned Business (M/WBE). The plans, drawings, and specifications may be examined at the following locations: 1. Housing Visions Construction Co., Inc E. Fayette St. Syracuse, NY INVITATION TO BID NIAGARA FALLS, NY PAGE 1 OF 2

3 PROJECT NO On Line Construction, Bid Opportunities Note There is a link to go directly to our Plan Room. 3. Builder s Exchange: 4. McGraw Hill Construction/Dodge: 5. The Construction Journal: Full or partial sets may be purchased on line through Avalon Copy Center, or by calling Avalon: Buffalo Office Rochester Office Syracuse Office NOTE: All bidders are responsible for their full scope of work. If partial set is purchased, be sure to review all pages to be sure there is no pertinent information on other pages. This project is tax exempt. Bidders are not to include Sales Tax in their proposal. All Minority and Woman Owned Business Enterprises (W/MBE), suppliers, contractors, and/or businesses will be afforded equal opportunity without discrimination. All NYS Certified M/WBE should include a copy of their certification with the bid document. Please contact Dave Brazell, Housing Visions Construction Co., Inc or dbrazell@housingvisions.org, with any technical questions. Please contact Marissa Lohman, Housing Visions Construction Co., Inc or mlohman@housingvisions.org, with any administrative questions East Fayette Street, Syracuse, New York Phone Fax mlohman@HousingVisions.org, Website: INVITATION TO BID NIAGARA FALLS, NY PAGE 2 OF 2

4 PROJECT NO SECTION INSTRUCTIONS TO BIDDERS 1. BID FORMS A. Submit sealed bid using fully completing Bid form is found in bid Notification Package. B. All bids shall be submitted subject to all requirements of the Scope of Work included in Project Manual and Drawings. Bid Forms shall be properly signed and completed and submitted. C. Bid documents must be submitted in a sealed envelope which is clearly labeled with the words "Bid Documents", and states the project name, date, and name of the bidder. 2. BID SECURITY DEPOSIT Bidder(s) are required to attach a certified check in the amount of 1% or a bid bond in the amount of 2% of the total bid as a bid security. All bid security deposits shall be returned within 15 days of the bid award or to the successful bidder upon execution of the contract. 3. BIDDER'S CONSTRUCTION EXPERIENCE Before a bid is considered for award, the bidder may be requested by HVCC to submit a statement regarding his/her previous experience in performing comparable work, his/her business and technical organization, and financial resources. 4. TIME FOR RECEIVING BIDS Bids shall be delivered to the Syracuse Office of Housing Visions Construction Co., Inc, (HVCC) 1201 E Fayette St., Syracuse, NY 13210, , by the time indicated on the Invitation to Bid. 5. OPENING OF BIDS HVCC will review all bids and inform all bidders of their results within one week of the bid award. 6. AWARD OF CONTRACT AND REJECTION OF BIDS A. The contract will be awarded for the work to the responsible bidders submitting the proposal complying with the conditions of the Invitation to Bid, provided their bid is reasonable and it is to the interest of HVCC to accept it. The bidder to whom the award is made will be notified at the earliest practical date. HVCC, however, reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in its interest. An award of a contract shall consist of the base bid and the sum of any combination of alternate bids that are in the best interests of HVCC to accept. B. HVCC is prohibited from making any awards to sub contractors or accepting as WALNUT AVENUT HOMES INSTRUCTIONS TO BIDDERS NIAGARA FALLS, NY Page 1 of 2

5 PROJECT NO subcontractors any individuals or firms that are included on the most recent lists of contractors ineligible to work on federally funded projects for the United States, as per the US General Services Administration List of Parties Excluded from Federal Procurement. C. HVCC also reserves the right to reject the bid of any bidder who has previously failed to perform properly, or to complete on time, contracts of a similar nature; who is not in a position to perform the contract; or who has habitually and without just cause neglected the payment of bills or otherwise disregarded his obligations to subcontractors, materials, workers, suppliers, or customers. 6. PRECONSTRUCTION CONFERENCE Prior to the start of construction HVCC will hold a pre construction meeting. The successful bidder or his/her representative shall attend. The meeting will serve to acquaint the Participants with the general plan of contract administration and requirements under which the construction operation is to proceed. The date, time and place of the meeting will be announced by HVCC. END OF INSTRUCTIONS TO BIDDERS WALNUT AVENUT HOMES INSTRUCTIONS TO BIDDERS NIAGARA FALLS, NY Page 2 of 2

6 SCOPE OF BID PRIME SUBCONTACTOR FOR 607 WALNUT AVE CONTRACT Provide all labor, material (unless noted otherwise), equipment, supervision, management, and administration required for the total performance of the Work of this Contract including: 1. Work of the following Specifications and Drawings: Construction Specifications and Related Documents for Walnut Avenue Homes in Niagara Falls, New York (SHAR No ) prepared by Passero Associates, Permit Set August 2014 as they pertain to 607 Walnut Avenue Site & Building. 2. General Work Description: All Site and Building work for 607 Walnut Avenue Except Division 02 Existing Conditions Hazardous Materials. (This includes remediation and selective demolition done during hazardous materials remediation.) Selective demolition done after hazardous material remediation will be will be part of this contract unless noted otherwise. Exterior windows will be removed and transported off site for ACM glazing compound and lead containing paint remediation by a separate contractor. Window openings will be temporarily made weathertight with ½ plywood panels by this separate contractor. Remediated windows will be turned over to the Prime Subcontractor for 607 Walnut Ave. at the job site. The Prime Subcontractor shall be responsible for removal and disposal of temporary weatherproofing panels at exterior window openings and refinishing and installation of remediated windows. The Prime Subcontractor shall be a Subcontractor to the Contractor Housing Visions Construction Company, Inc. in the an AIA Doc. A401 (2007) Contractor Subcontractor Agreement This project will meet prerequisites and meet minimum certification requirements of LEED for Homes Version 2008 The owner will process an application for Historical Preservation Designation for this project thru the United States Department of National Parks Services. 3. Work Scope Notes: All safety equipment necessary to complete this scope of work shall be responsibility of the The Prime Subcontractor. All OSHA safety requirements shall be followed. Materials testing will be provided by HVCC. Prime Subcontractor will be responsible for coordinating testing. (Responsible for contacting testing agent) Prime Subcontractor is responsible for daily clean up and removal of debris for this scope of SCOPE OF BID FOR PRIME SUBCONTRACTOR FOR 607 WALNUT AVE NIAGARA FALLS,NY Page 1 of 2

7 work, including all packaging to HVCC supplied dumpster(s). Fully implement HVCC Recycling and Diversion Policy (Section ) as it pertains to this work scope. Prime Subcontractor shall provide proof of insurance prior to start of any construction. Prime Subcontractor shall provide a Performance and Payment Bond in the amount of 100% of contract value for duration of contract. AIA Doc. A312 (2010) Performance and Payment Bond will be used as part of the Bond submission. Liquidated damages and Bonus Payments as noted in Section Supplementary Conditions for Subcontractor will be included in Contractor Subcontractor Agreement Sign below and return a copy of this section with Bid Form Signature SCOPE OF BID FOR PRIME SUBCONTRACTOR FOR 607 WALNUT AVE NIAGARA FALLS,NY Page 2 of 2

8 PROJECT NO SECTION BID FORM PRIME SUBCONTRACTOR FOR 607 WALNUT AVNEUE CONTRACT FOR PROJECT: ALL BIDDERS MUST SUBMIT THIS BID FORM REFER TO INVITATION TO BID FOR BID DATE, TIME, AND LOCATION FOR RECEIPT OF BIDS I,, (Insert Bidder Name and Company) the Undersigned Subcontractor, having visited the project and familiarized him/her self with the actual conditions affecting the cost of the work and with Project Manual, its Table of Contents, Drawings, and any subsequent Addenda, hereby proposes to furnish all materials, labor, equipment and services required to perform PRIME SUBCONTRACTOR FOR 607 WALNUT AVENUE CONTRACT Base Bid Amount: Total in Words Dollars $ Prompt Pay Discount: Bid Security A Certified Check in the amount of 1% or a Bid Bond in the amount of 2% of the Base Bid amount is enclosed as a Bid Security Deposit. Check shall be made out to Housing Visions Construction Company, Inc. In submitting this Bid, it is understood that the right is reserved by Housing Visions Construction Co., Inc. (HVCC) to reject any and all bids and bid combinations. All bids are required to be valid for a minimum of 90 calendar days after time and date of receiving the bid. If written notice of acceptance of this bid is mailed, faxed or delivered to the Undersigned prior to expiration of bid, or at any time thereafter before this bid is withdrawn, the Undersigned agrees to execute and deliver a Contract in the prescribed form within five (5) days after the Contract is presented to him/her for signature. Certifications of Non Segregated facilities: by signing this Bid, the Bidder certifies that he/she does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this certification, the term segregated facilities means any waiting rooms, work areas, time clocks, locker rooms, storage areas, dressing areas, rest rooms, wash rooms, restaurants, entertainment areas, transportation, or housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom or otherwise BID FORM PRIME SUBCONTRACTOR FOR 607 WALNUT AVENUE NIAGARA FALLS, NY Page 1 of 5

9 PROJECT NO In submitting this Bid, it is understood that the proposal is genuine; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person, to put in a non genuine Bid or to refrain from quoting, and has not in any manner, directly or indirectly sought by agreement, collusion, communication or conference, with any person, to fix the Bid price of any other bidder or to fix any overhead, profit or cost any advantage against the Owner or any person interested in the proposed contract; and that all statements in said proposal are true. In submitting this bid the bidder agrees to comply with the administrative regulations and reporting applicable to this project. This includes, but is not limited to Elations Certified Payroll, M/WBE Outreach Efforts, and to abide by all OSHA & EPA Regulations while on and relating to the job. NOTE: Any additional regulations or paperwork not available at the time this manual was created will be communicated to the subcontractor in the form of an addendum. Receipt of the following Addenda is hereby acknowledged: No. Date: Received By: No. Date: Received By: No. Date: Received By: CONTRACT SCHEDULE: Notice to Proceed: Estimated to be January 15, 2015 Substantial Completion: 275 Calendar days after notice to proceed. Contract Substantial Completion date will be adjusted if notice to proceed is delayed by mutual agreement between HVCC and Subcontractor. Liquidated damages and bonus payments in the amount of $300 for each calendar day that work of this contract is substantially completed after or before contract Substantial Completion date will be effected per Section Supplementary Conditions for Subcontractors BID FORM PRIME SUBCONTRACTOR FOR 607 WALNUT AVENUE NIAGARA FALLS, NY Page 2 of 5

10 PROJECT NO SIGNATURES Legal name of Bidding Company Signature of Bidder Federal Tax Identification # Date PRINT Name and Title of Signatory Address: Telephone# Cell Phone # Fax# If a Corporation: Name of Officers: President Secretary Treasurer affix Corporate Seal Address: If a Partnership: Name of Partners: Address: If a Joint Venture: Name of Members: Address: If an individual: Name of Individual: Address: BID FORM PRIME SUBCONTRACTOR FOR 607 WALNUT AVENUE NIAGARA FALLS, NY Page 3 of 5

11 PROJECT NO BIDDERS QUALIFICATIONS: 1. How many years has your organization been in business as a Contractor? 2. How many years has your organization been in business under its present name? 3. Under what other names has your organization operated? 4. Are you licensed to perform the scope of work you are bidding for? 5. List the categories your organization normally performs with your own forces. 6. Claims & Suits if the answer to any questions below is yes, please attach details. Has your organization ever failed to complete any work awarded? Are there any judgments, claims, suits, or arbitration proceedings pending or outstanding against your organization or its officers? Has your company filed any lawsuits or requested arbitration with regard to Construction contracts within the last 5 years? 7. On a separate sheet, please list major projects and estimated work dates that your organization has completed within the last 5 years. 8. Are you an MBE WBE Dual MWBE DBE 9. Will you be using subcontractors for this project? 10. If so, for what percentage of the work? 11. Name of Proposed Subcontractor (s) BID FORM PRIME SUBCONTRACTOR FOR 607 WALNUT AVENUE NIAGARA FALLS, NY Page 4 of 5

12 PROJECT NO Trade References Company Name/ Address /Phone Company Name/ Address /Phone Company /Name /Address /Phone Return Bid to: Marissa Lohman, Construction Administrator Housing Visions Construction Co., Inc E Fayette St. Syracuse, NY phone fax mlohman@housingvisions.org BID FORM PRIME SUBCONTRACTOR FOR 607 WALNUT AVENUE NIAGARA FALLS, NY Page 5 of 5

13 PROJECT NO SUBCONTRACTORS BID REQUEST FOR INFORMATION FORM (BID RFI) Technical questions regarding this bid solicitation should be submitted (48) hours prior to close of bidding period utilizing this form only. E mail completed forms to Dave Brazell dbrazell@housingvisions.org or sent by fax RFIs not using this form cannot be accepted. Project Name _ Walnut Avenue Homes Bid RFI Number Job Numbers Work Scope Specification Section Number (s) Drawing Sheet No (s) Detail # / Name (s) Requesting Contractor Supplier Contact Info: , Tel, Fax INFORMATION REQUESTED: Date Name Signature RESPONSE: Date Name Signature Distribution Owners Representative Architect Civil Engineer Consult Site Consultant Structural Consultant Mechanical Engineering Consultant REQUEST FOR INFORMATION FORM NIAGARA FALLS, NY PAGE 1 of 1

14 PROJECT NO SECTION SUPPLEMENTARY CONDITIONS FOR SUBCONTRACTORS 1. UTILITIES (Refer to Sections ) Contractor shall be responsible for the use of utility services, including water used, electricity consumed, or discharges made to sanitary sewers. HVCC will provide temporary sanitary facilities. 2. INSURANCE REQUIREMENTS (Refer to Section ) See Sample Insurance Certificate listing insurance requirements/amounts. Housing Visions Construction Co, Inc. and the owner(s) of the property shall be named as the additional insured on this project. 3. BONDS Bid Bond Bid Security (AIA Doc. A Bid Bond ) Bidder(s) are required to attach a certified check in the amount of 1% or a bid bond in the amount of 2% of the total bid as a bid security. All bid security deposits shall be returned within 15 days of the bid award or to the successful bidder upon execution of the contract. Performance and Payment Bond (AIA Doc. A Performance and Payment Bond) Prime Subcontractor for 607 Walnut Avenue shall provide a Performance and Payment Bond in the amount of 100% of the Contract Amount. The cost of this Bond shall be included in Base Bid Amount. 4. SUBSTANTIAL COMPLETION (Refer to Section ) Contractual timeframe is estimated. Comply with Notice to Proceed and adhere to A Article 9, Date of Commencement, Date of Substantial Completion. (Article 7, is a critical element of the contract.) The contract date shall be the date of the written Notice to Proceed unless noted by HVCC otherwise. All work shall be substantially completed by the substantial completion date indicated in the AIA Document A Contract between Contractor and Subcontractor. 5. LIQUIDATED DAMAGES AND BONUS PAYMENTS (AIA Doc. A Standard From of Agreement Between Contractor / Subcontractor) Liquidated damages in the amount of $300 for each calendar day that work of this contract is not substantially completed after the date of substantial completion will be deducted Subcontractor contract amount. Bonus payment in the amount of $300 for each calendar day that work of this contract is substantially completed before the date of substantial completion will be added to the Subcontractor contract amount. 6. PAYMENT (Refer to Section ) Terms: Invoices are due by the 1 st or 15 th of the monthly, payable 30 days from the 1 st or 15 th of the month, as long as invoices are correct. HVCC will not release payment until the current scope of work has been approved by HVCC and appropriate inspectors, and the administrative submittals are current. Retainage of 10% is withheld until the entire scope of work is complete and all documentation is submitted SUPPLEMENTARY CONDITIONS FOR SUBCONTRACTORS NIAGARA FALLS, NY PAGE 1 OF 3

15 PROJECT NO CHANGE ORDERS (Refer to Section ) Notify HVCC immediately of any unforeseen circumstances that could influence contract schedule or cost. Coordinate all field changes with HVCC representatives and obtain approval in writing before continuation of work. No changes in scope or specifications will be paid without written approval. All change orders and contract amendments must be pre-approved in writing on the authorized HVCC form. A copy of the approved change must be submitted with the invoice billing for the change. 8. CONTRACTS and REQUIREMENTS (Refer to Sections , , , , ) All contracts reference Contract AIA101 with General Conditions A201. Contract requirements included in AIA 101 are part of contract AIA401, as detailed in the Bid Form and Scope of Bid. Copies of Contracts are found in the Project Manual. Confirm Scope of Works with HVCC and follow request for interpretation procedures per Instruction to Bidders Section RECYCLING & DIVERSION POLICY (Refer to Section ) All contractors are required to adhere to the HVCC Recycling & Diversion Policy. 10. ADMINISTRATIVE REQUIREMENTS ( Refer to Section ) All Subcontractors are responsible for administrative items as indicated in the Project Manual. This is includes, but may not be limited to, the following items: Equal Opportunity Policy Monthly Utilization Report Quarterly Reporting for NYS Certified M/WBE 11. SAFETY Participation in HVCC Safety Meetings is required. All subcontractors must follow OSHA and other safety measures as required by governing agencies and Housing Visions. 12. CONSTRUCTION WORK SITE Subcontractor is responsible for keeping equipment, tools and materials in secure location on site. Clean work site at end of each work day. 13. COORDINATION (Refer to Section ) Coordinate all contract work with HVCC in a manner that will accommodate all other trades. 14. WARRANTY In addition to all other guarantees and warranties set forth in the Contract Documents, the Subcontractor warrants and guarantees to the Owner and Contractor that all work will be in accordance with the Contract Documents and will not be defective. If within one (1) year after the date of Substantial Completion or such longer period as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any work is found to be defective, the Subcontractor shall promptly without cost of Owner and Contractor in accordance with Owner's written instructions, either correct such defective work, or, if it has been rejected by Owner, remove it from the site and replace it with non-defective work. If Subcontractor does not promptly comply with the terms of such instructions, or in an emergency where a delay would cause serious risk of loss or damage, Owner may have the defective work corrected or the rejected work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees SUPPLEMENTARY CONDITIONS FOR SUBCONTRACTORS NIAGARA FALLS, NY PAGE 2 OF 3

16 PROJECT NO and charges of engineers, attorneys and other professionals) will be paid by Subcontractor. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the work, the correction period for that item may start to run from an earlier date if so provided in the specifications or by written amendment." Housing Visions Construction Co., Inc. is available to help with completing the Administrative Requirements. Please contact Marissa Lohman: Phone: or mlohman@housingvisions.org with questions SUPPLEMENTARY CONDITIONS FOR SUBCONTRACTORS NIAGARA FALLS, NY PAGE 3 OF 3

17 PROJECT NO INSURANCE REQUIREMENTS INSURANCE REQUIREMENTS: No Subcontractor shall commence work under this contract until he has obtained all the insurance required hereinafter and such insurance has been approved by HVCC. All subcontractors shall procure, pay for, and maintain the minimum insurance coverage set forth below for the entire term of the contract. Approval of insurance by HVCC shall not relieve or decrease liability of each Subcontractor. All insurance required herein, except Workers' Compensation, shall name Housing Visions Construction Co., Inc., Walnut Avenue Homes, LLC, and Walnut Avenue Homes Housing Development Fund Corporation as the additional insured (on a primary and noncontributory basis) on this project. Subcontractor, Owner(s), and all other parties required of the Contractor, shall be included as additional insureds on the Certificate of General Liability to include products and completed operations to the additional insureds. It shall apply as primary insurance, on a noncontributing basis before any other insurance or self-insurance, including deductible, maintained by or provided to, the additional insureds. All insurance required herein shall contain a waiver of subrogation in favor of HVCC. The Subcontractor waives all rights against the Owner(s), their agents, officers, directors and employees for recovery of damages to the extent these damages are covered by commercial general liability, commercial umbrella liability, business auto liability or workers compensation and employers liability insurance maintained per requirements of above. Worker s Compensations and other Mandated Insurance: Each Subcontractor shall take out and maintain during the life of this contract statutory Worker s Compensation and Employer s Liability Insurance, and all other insurance required by law, for all of his employees engaged in work under this contract, and in case any of such work is sublet, subcontractor shall require sub-subcontractor to provide all similar insurance. Bodily injury and Property Damage Liability Insurance: Each Subcontractor shall take out and maintain during the life of contract Commercial General Liability Insurance Policy for Bodily Injury, including Accidental Death, and Property Damage, as shall protect him and any Sub-subcontractor performing work covered by this contract from claims for damage which may arise from operations under this contract, whether such operations are by himself, another Sub-subcontractor or anyone directly or indirectly employed by them. The hazard insured against shall be listed below: Premises-Operations, and Products & Completed Operations Explosion & Collapse. Underground. Contractual Insurance. Broad Form Property Damage. Independent Contractors. Personal and Advertising Injury Liability. Automobile Liability, Including Owned, Hired & Non-Owned Automobiles. Umbrella Liability. The required limits of liability coverage on the above listed shall be: INSURANCE REQUIREMENTS NIAGARA FALLS, NY PAGE 1 OF 4

18 PROJECT NO General Liability Bodily Injury and Property Damage Liability Automobile Liability Each Occurrence $1,000,000 Aggregate $2,000,000 Automobile Liability including Hired/Non-Hired Autos Umbrella Liability Combined Single Limit $1,000,000 Providing coverage over General and Automobile Each Occurrence $5,000,000 Aggregate $5,000,000 Owner s and Contractor s Protective Liability In the event that an Umbrella Liability policy is unable to be written, contractor shall obtain in the name of the owner, architect, and clerk an owner and contractor s protective liability policy to be maintained until final completion and acceptance of project Each Occurrence $5,000,000 Aggregate $5,000,000 Housing Visions Unlimited, its Consultants and Housing Visions Construction Co, Inc. shall be named as the additional insured on this project. The names and addresses are attached on the following page. Insurance Certificates and Policies: The Certificate of Subcontractor s General Liability Insurance is to be filed with the Housing Visions Construction Co., Inc. This Certificate of Insurance shall contain the following endorsement: IT IS UNDERSTOOD THAT THE INSURANCE REQUIREMENTS NIAGARA FALLS, NY PAGE 2 OF 4

19 PROJECT NO INSURANCE COMPANY WILL NOTIFY HOUSING VISIONS CONSTRUCTION CO., INC. BY REGISTERED MAIL TWENTY (20) DAYS PRIOR TO ANY CHANGES OR CANCELLATION OF THE POLICY. Housing Visions Construction Co., Inc. requires insurance certificates with the following names & addresses listed as Additional Insured: Housing Visions Unlimited, Inc. Housing Visions Consultants, Inc. Housing Visions Construction Co. Inc E. Fayette Street Syracuse, NY Walnut Avenue Homes, LLC 1201 E. Fayette Street Syracuse, NY Key Community Development Corporation and Its Successors and/or Assigns 127 Public Square; Mail Code OH Cleveland, OH Key Bank National Association, Its Successors and/or Assignees 201 S. Warren Street Syracuse, NY NYS Homes & Community Renewal State Street Hampton Plaza Albany, NY Housing Trust Fund Corporation State Street Hampton Plaza Albany, NY Watts Architecture & Engineering 95 Perry Street, Suite 300 Buffalo, NY Page 4 contains a Sample ACORD Form that must be completed by Contractor s Insurance Carrier and submitted as proof of appropriate insurance coverage INSURANCE REQUIREMENTS NIAGARA FALLS, NY PAGE 3 OF 4

20 PROJECT NO INSURANCE REQUIREMENTS NIAGARA FALLS, NY PAGE 4 OF 4

21 SAMPLE

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23 SECTION INSTRUCTIONS FOR ADMINISTRATIVE REQUIREMENTS PROJECT NO All reporting requirements must be up to date for payment to be released NOTE: All Subcontractors are responsible for Contractor requirements as noted in the contract AIA INVOICING / PAY APPLICATION: ALL Change Orders and scope of work changes must be approved in writing and the approved copy attached to pay application for a change to be processed. Pay applications: submit monthly by the 1 st or 15 th of the month, using AIA documents: G702 Application and Certificate for Payment & G703 Continuation Sheet (refer to Section ). 2. DAVIS-BACON WAGE REQUIREMENTS APPLY Refer to Section M/WBE OUTREACH EFFORTS At minimum, the bidder must conduct a good faith outreach effort to solicit the participation of New York State certified Minority and Women-Owned Businesses. All contract awardees agree to take affirmative steps to utilize MWBE business enterprises. For purposes of this commitment the terms mean: MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE (MWBE): At least 51% owned and controlled by the minority members and/or women; The minority and/or women ownership interest, is real, substantial and continuing; The minority and/or women ownership has and exercises the authority to independently control the day-to-day business decisions; Independently owned, operated and authorized to do business in New York State. NOTE: Businesses eligible to participate in the program must be owned and operated by women and/or minority group members who are citizens of the United States or permanent resident aliens. Generally they must be in operation for at least one year. MINORITY GROUP MEMBER: A United States citizen or permanent resident alien who has and can demonstrate membership in one of the following groups: Black persons having origins in any of the Black African racial groups; Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American Descent of either Indian or Hispanic origin, regardless of race; Native American or Alaskan native persons having origins in any of the original peoples of North America; Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands INSTRUCTIONS FOR ADMINISTRATIVE REQUIREMENTS NIAGARA FALLS, NY Page 1 of 3

24 PROJECT NO CONTRACTOR (HVCC) AND SUBCONTRACTOR: An individual, a business enterprise including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a state contract, or a bidder in conjunction with the awarding of a state contract or a proposed party to a state contract. Minority business enterprises may be employed as construction Subcontractors or as suppliers. 4. FORMS AND SUBMITTALS HVCC and Subcontractors are each responsible for specific compliance forms (see list below). Samples and instructions are included in the Project Manual. A. Forms for Contractor (HVCC): Forms to be submitted at time of award: ADM 095 MWBE Utilization Plan-Preliminary ADM-EEO / M/WBE EEO & M/WBE Policy Forms to be submitted monthly: ADM-136 Monthly Employment Utilization Report (monthly) Forms to be submitted quarterly: ADM-123 Quarterly Cumulative Pay Statement ADM-146 Quarterly Affirmation of Income Payments to MWBE Forms to be submitted upon completion of the project: As Built Drawings ADM 095 MWBE Utilization Plan-Final B. FORMS FOR SUBCONTRACTOR Blank Copies found in Project Manual or at Construction Forms to be submitted at time of award: ADM-EEO / M/WBE EEO & M/WBE Policy Forms to be submitted monthly: ADM-136 Monthly Employment Utilization Report (monthly) Forms to be submitted quarterly: ADM-146 Quarterly Affirmation of Income Payments to MWBE (if pertinent) Forms to be submitted upon completion of the project: INSTRUCTIONS FOR ADMINISTRATIVE REQUIREMENTS NIAGARA FALLS, NY Page 2 of 3

25 PROJECT NO Warranty Documents (if applicable) Items to be submitted throughout contract period: As Built Drawings (mechanicals only) Change Order approval-must be attached to any pay application that is applying for change order dollars. All initial documents must be submitted before work is started. The following items have been included in this section for the use of the Subcontractor: Good Faith Efforts Guide EEO and MWBE Policy Statement ADM 136 Monthly Employment Utilization Report ADM 146 Affirmation of Income Payments to MWBE These forms may also be obtained by request through Housing Visions Construction Co., Inc Pay applications cannot be processed unless paperwork is current and approved. Close-out project submittals must be reviewed and accepted prior to release of retainage. Any additional requirements will be issued as an addendum INSTRUCTIONS FOR ADMINISTRATIVE REQUIREMENTS NIAGARA FALLS, NY Page 3 of 3

26 Davis Bacon Wage Rate Determination General Decision Number: NY /04/2014 NY57 Superseded General Decision Number: NY State: New York Construction Type: Residential Counties: Erie and Niagara Counties in New York. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 01/03/ /17/ /27/ /04/2014 ELEV /01/2014 Rates ELEVATOR MECHANIC...$ Fringes a+b FOOTNOTE: a. 8 PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the Day after Thanksgiving, Christmas Day. b. PAID VACATION: Employer contributes 8% of regular basic hourly rate as vacation pay for emplyees with more than 5 years of service, and 6% for employees with less than 5 years of service ENGI /01/2013 ERIE COUNTY Rates Power equipment operators: Bulldozer...$ Excavator...$ Roller...$ Fringes a a a FOOTNOTES: a. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day, provided the employee has worked the day before and the day after the holiday * ENGI /01/2014 NIAGARA COUNTY Rates Fringes Page 1

27 Davis Bacon Wage Rate Determination Power equipment operators: Bulldozer...$ Excavator...$ Roller...$ PAIN /01/2013 Rates Fringes GLAZIER...$ PLAS /01/2011 Rates Fringes PLASTERER...$ PLUM /01/2014 Rates Fringes PLUMBER...$ SFNY /01/2013 Rates Fringes SPRINKLER FITTER...$ SUNY /04/1999 Rates Fringes BRICKLAYER...$ CARPENTER (including drywall hanging and excluding batt insulation)...$ CEMENT MASON/CONCRETE FINISHER...$ ELECTRICIAN...$ INSULATOR - BATT...$ IRONWORKER, STRUCTURAL...$ Laborers: Hazardous Material...$ Landscape Laborer...$ Unskilled...$ 9.59 Mason tender, brick...$ Mason tender, cement...$ PAINTER (Brush and Roller)...$ PIPEFITTER (Including HVAC Pipe/Installation)...$ Power equipment operators: Backhoe...$ Page 2

28 Davis Bacon Wage Rate Determination Paver...$ ROOFER...$ Sheet Metal Worker (Including HVAC Duct)...$ TILE SETTER...$ WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM /01/2011. The first four letters, PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable, i.e., Plumbers Local The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may Page 3

29 Davis Bacon Wage Rate Determination include both union and non-union data. Example: SULA /13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board Page 4

30 Davis Bacon Wage Rate Determination U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION Page 5

31 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number ) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number ) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part Previous editions are obsolete Page 1 of 5 form HUD-4010 (06/2009) ref. Handbook

32 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number ) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(b) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(b) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been Previous editions are obsolete Page 2 of 5 communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers and ) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number ) (b) Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; form HUD-4010 (06/2009) ref. Handbook