REQUEST FOR PROPOSALS Property Maintenance Services  December 2022

Introduction

Troy Community Land Bank Corporation (“TCLB”) invites you respond to this Request for Proposals (“RFP”) to provide ongoing property maintenance, mowing and snow removal services for buildings and lands owned in the city of Troy, NY by the Troy Community Land Bank Corporation.

 

The TCLB was established in 2016 by the City of Troy to facilitate the process of acquiring, improving, and redistributing tax-foreclosed, vacant or abandoned properties.   TCLB is a local public authority, established as a land bank by the Empire State Development Corporation, the TCLB is a 501 (c)3 nonprofit organization committed to redeveloping vacant, abandoned, and under-utilized properties through community partnerships and strategic planning.

 

Summary

The TCLB is seeking bids to perform building maintenance which could include but is not limited to:  boarding up and winterizing vacant buildings, changing locks, minor building repairs and mowing of lawns and snow removal of sidewalks and front stoops.

The TCLB owns an average of 20 sites each year, including vacant lots and buildings.  TCLB has a regularly rotating inventory of buildings and lots.  On occasion the Land Bank may acquire a building that has tenants, in which case there would be a need to maintain the units until the residents are relocated.   TCLB seeks to use this RFP in developing a one year renewal contract with a 30 day cancellation clause for either party.

The TCLB is seeking to engage with a property maintenance firm to provide services on an hourly basis, and that would have regular availability (within 3 days/72 hours of request).  The TCLB would also like this same property maintenance firm to provide snow removal at each 6” in snowfall (except in warm situations or waiting until the end of the storm) and to provide regular law mowing as needed in season.

The TCLB is looking for an hourly rate (which can be specific to particular work scope) if so preferred.  Materials are to be purchase by contractor unless specifically requested otherwise by either party prior to performance of work.

 

Schedule

Proposals are due electronically only (complete attached bid form with copy of insurance) no later than Friday December 23, 2022, at 3pm

Submit proposals to the attention of Heather King at:  Director@troycommunitylandbank.org.

 

Proposal Requirements

  • Complete and submit Bid Form (Attached “Exhibit A”)
  • Provide evidence of insurance coverage that meets or exceed the requirements below (“Exhibit B Insurance”)
  • Completed non- collusion statement (“Exhibit C”)
  • Completed references form (“Exhibit D”)

 

 

PROPOSAL EVALUATION

 

  1. Proposals will be reviewed by members of the TCLB. Evaluation and selection will be based upon the following criteria (not listed in any particular order):

 

  • Completeness of response
  • Price
  • Experience/ references

 

 

questions

Questions regarding this RFP must be submitted to Theresa Newton, Troy Community Land Bank, to Positive Communities email, at poscommunities@gmail.com or 518 937-7751

 

RFP Notification and Legal Disclosures

Those submitting proposals do so entirely at their own expense.

 

All Proposals received in response to this RFP are subject to the conditions of this RFP. TCLB, in its sole discretion, reserves the right to modify any matter contained in this RFP; cancel or suspend this RFP or to reject any or all Proposals received in response to this RFP; decide whether a Proposal does or does not substantially comply with the submittal requirements and procedures described in this RFP; waive minor informalities of any Proposal; obtain clarification or additional information to properly evaluate a Proposal; obtain references regarding any Respondent’s past performance from any source; and negotiate a contract with the successful Respondent. Neither issuance of this RFP nor evaluation of any Proposal(s) obligates TCLB to award a contract from this RFP.

 

All Proposals received response to this RFP will become the property of TCLB and will be subject to disclosure pursuant New York State Law, except those portions of a Proposal that a Respondent requests exemption from disclosure consistent with New York State Law. TCLB will take reasonable measures to hold in confidence all Proposal contents but shall not be liable for the release of any information when required by law or court order.

 

The contents of this RFP, any subsequent correspondence related to contract negotiations, and such other stipulations as agreed upon may be made a part of the final contract or agreement developed by TCLB.

 

After award, the any agreements between TCLB and the successful Respondent will be a public document and not part of any agreement can be designated as “Confidential” unless permitted otherwise by law.

 

Attachments: EXHIBITS A- D

 

 

EXHIBIT A

BID FORM (Three Pages)

 

The following price is submitted for all work covered by the bid documents.

Hourly Rate Hourly Rate Exclusions or clarifications
Snow blowing and shoveling, lawn mowing  $
Maintenance to include lock changes, boarding up, winterizing, other  $
Mark up on purchased materials  $
 
 

 

Please list here if your firm will be subcontracting any work quoted above.  Include firm name, contact information and for which workscope (s).  Note the insurance requirements found in Exhibit B apply to subcontractors as well.

_____________________________________________________________________________

 

SIGNING BELOW SIGNIFIES ACCEPTANCE TO ALL TERMS AND CONDITIONS.  NO OTHER DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS SHALL APPLY UNLESS AGREED TO IN WRITING BY THE AUTHORIZED SIGNATORIES OF BOTH PARTIES.

WBE/MBE/SDVOB Policy It is the policy of the Land Bank that Minority-Owned Business Enterprises (MBE), Women-Owned Business Enterprises (WBE) and Service and Disabled Veterans owned businesses (SDVOB) are afforded the maximum opportunity to take part in the performance of contracts.  It is also the Land Bank’s goal to award Procurement Contracts to those procurement contractors who have evidenced compliance with the laws of the State of New York prohibiting discrimination in employment.

Affirmative Action  As required by Executive Law § 312, and in compliance with the Land Bank’s procurement policy, any contractor awarded a procurement contract in excess of $25,000 for services rendered to the Land Bank must acknowledge this affirmative action policy and agree to implement the same by making every reasonable effort to award any subcontracts (none of hereby authorized) to MBEs and WBEs and to utilize minority and labor in the performance of any agreement that is awarded to the contractor. Specifically, any contractor awarded a contract more than $25,000 dollars will be expected to abide by the following provisions:

The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination.  For purposes of this section, affirmative action shall mean recruitment, employment, job assignment, promotion, upgrading’s, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.   At the request of the contracting agency, the contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor’s obligations herein.

The contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the MWBE and/or SDVOB Threshold Contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

 

Non-Discrimination Policy  In accordance with Article 15 of N.Y. Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor agrees that neither it nor any of its subcontractors shall, by reason of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics or marital status refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.

 

IRANIAN ENERGY SECTOR DIVESTMENT

Contractor hereby represents that Contractor is in compliance with New York State Public Authorities Law Section 2829-c entitled “Iranian Energy Sector Divestment.” By signing this contract, each person and each person signing on behalf of any other party certifies, and in the case of a joint bid or partnership each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each person is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law. Specifically, the Contractor represents that it has not:

 

Provided goods or services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or

 

Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

 

 

Indemnification:

  1. To the fullest extent permitted by applicable law, the Contractor shall indemnify, defend, and hold harmless the Land Bank, and its contractors, officers, directors, servants, agents, representatives, and employees (each, individually, an “Indemnified Party” and, collectively, the “Indemnified Parties”), from and against any and all liabilities, damages, losses, costs, expenses (including, without limitation, any and all reasonable attorneys’ fees and disbursements), causes of action, suits, claims, damages, penalties, obligations, demands or judgments of any nature, including, without limitation, for death, personal injury and property damage and claims brought by third parties for personal injury and/or property damage (collectively, “Damages”) incurred by any Indemnified Party to the extent caused by (i) any breach of this Contract by the Contractor, its contractors, subcontractors, officers, directors, members, servants, agents, representatives, or employees, or (ii) the malfeasance, misfeasance, nonfeasance, negligence, unlawful act or omission, or intentional misconduct of the Contractor, its subcontractors, officers, directors, members, servants, agents, representatives, or employees, arising out of or in connection with this Contract or the Services to be performed hereunder. This paragraph shall survive the termination or expiration of this Contract.

 

  1. The Contractor, intending to be legally bound, hereby expressly agrees and covenants to hold harmless and indemnify Enterprise, its directors, officers, agents and employees from and against any and all third party costs, losses, actions, liability, demands, claims, damages and expenses of any nature or any kind (including, but not limited to, indebtedness, penalties, fines, Enterprise’s costs and reasonable legal fees) incurred in connection with this Grant or that arise out of any act or omission of the Contractor, any Subcontractors of the Contractor, or of any of their respective employees or agents except to the extent any such costs, liability, demands, claims, damages or expenses result from Enterprise’s gross negligence or willful misconduct. The Contractor shall be solely responsible and answerable in damages for any and all accidents or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor, or any Subcontractor pursuant to this Agreement.  Contractor’s obligations under this section shall survive termination of the agreement.

 

 

Additional Terms:  All materials submitted in response to this RFP will become the property of the Land Bank.

Submission of a proposal in response to this RFP shall constitute an offer on the part of the successful proposer to execute a Contract substantially as described herein.  News releases or other public announcements relating to this RFP shall not be made by any party receiving this RFP without the prior written approval of the Land Bank.

All proposals submitted to the Land Bank in response to this RFP may be disclosed in accordance with the standards specified in the Freedom of Information Law, Article 6 of the Public Officers Law of the State of New York (“FOIL”). An individual or firm submitting a proposal may provide in writing, at the time of its submission, a detailed description of the specific information contained in its submission which has been determined is a trade secret and which, if disclosed, would substantially harm such proposer’s competitive position. This characterization shall not be determinative but will be considered by the Land Bank when evaluating the applicability of any exemptions in response to a FOIL request.

 

Submitted by:                                                                                                                                     

Company Name                                              Email Address

                                    ________                                                                               

Signature                                                         Phone Number

                                                                                                                                   

Printed Name                                                  Date

                                                                                                                                   

Business Address

End of Exhibit A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

INSURANCE

The Contractor shall provide for itself and maintain at its own cost and expense throughout the term of Agreement the following forms of insurance issued by an insurance company licensed to do business in the State of New York:

(a)                   Commercial General Liability coverage with limits of liability not less than One Million Dollars ($1,000,000.00) per occurrence and not less than Two Million Dollars ($2,000,000.00) annual aggregate.  If CGL coverage contains a General Aggregate Limit, such General Aggregate shall apply separately to each Property.  The Contractor’s insurance shall include contractual liability coverage and completed operations coverage.  CGL coverage shall be written on an “occurrence” basis with coverage as broad as the Insurance Service Office form and no policy provisions may restrict, reduce, limit or otherwise impair contractual liability coverage or the status of any additional insured party.

(b)                  Comprehensive Automobile Liability coverage with limits of not less than One Million Dollars ($1,000,000.00) per accident.

(c)                   Commercial Liability Umbrella coverage with limits of liability not less than One Million Dollars ($1,000,000.00).

(d)                  Workers’ Compensation and Employers’ Liability in form and amounts required by law.  The “Troy Community Land Bank, Inc.” shall be named as an additional insured on the policies required by subparagraphs (a), (b), (c) (d) and (e) above on a primary and non-contributory basis. The Contractor shall furnish certificates of insurance to the TCLB and corresponding policy endorsement setting forth the required coverage hereunder prior to entering the Property or commencing any Work, and such policies shall contain an endorsement requiring the carrier to give at least ten days’ prior notice of cancellation or suspension to the additional insured parties. All insurance required by this contract shall be on a primary and non-contributory basis to any insurance maintained by the TCLB. The Contractors policy may not contain any exclusion for New York Labor Law injury to any employees, whether employed by the Contractor or a subcontractor, or any other person performing any portion of the Work. The Contractor and his insurer shall waive all rights of subrogation against the TCLB and all other Indemnified Parties, on the policies required by subparagraphs (a), (b), (c), (d) and (e) above.

(e)                   Professional Liability with limits of liability not less than One Million Dollars ($1,000,000.00) per Claim and ($2,000,000.00) in aggregate.

(f)                   Subcontractors must have an unmodified Commercial General Liability policy without limitation with respect to Employers Liability and injury to independent contractors. The Contractor shall have the affirmative duty to ensure that all subcontractors hired carry insurance with the same limits and provisions supplied herein.   The Contractor agrees to cause each subcontractor to furnish the TCLB with copies of certificates of insurance and the corresponding policy endorsements setting forth the required coverage hereunder prior to any such Contractor entering the Property or commencing any Work. Indemnification by the Contractor.  To the fullest extent permitted by applicable law, the contractor shall indemnify, defend, and hold harmless the Land Bank and its contractors, officers, directors, servants agents, representative and employees (each, individually, an “indemnified party” and, collectively, the “indemnified parties”), from and against any and all liabilities, damages, losses, costs, expenses (including, without limitation, any and all reasonable attorneys ’fees and disbursements), causes of action, suites, claims, damages, penalties, obligations, demands or judgements of any nature, including, without limitation, for death, personal injury, and property damage and claims brought by third parties for personal injury and/or property damage (Collectively, “Damages”) incurred by any identified party to the extent caused by (i) and breach of this contract by the contractor, its subcontractors, officers, directors, members, servants, agents, representatives, or employees, of (ii) the malfeasance, misfeasance, nonfeasance, negligence, unlawful act or omission, or intentional misconduct od the contractor, its subcontractors, officers, directors, members, servants, agents, representatives, or employees, arising out of or in connection with this Contract or the work. This paragraph shall survive the termination or expiration of this contract.

 

 

End of EXHIBIT  B

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT C

NON-COLLUSION AFFIDAVIT

State of New York

County of ____________________

_______________________________________, being first duly sworn, deposes and says that:

(1)  That he/she is __________________________(owner, partner, officer, representative or agent) of _________________________________, the bidder that has submitted the attached bid.

(2)  That he/she is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid.

(3)  That such bid is genuine and is not a collusive or sham bid.

(4)  Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion or communication or conference with any other bidder, or to fix any overhead, profit or cost element of the bid price or to fix any overhead, profit or cost secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Land Bank; and

(5)  The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

 

(Signed)_________________________________

 

Subscribed and sworn to before me this

 

_____ day of ___________________, 20__.

 

_______________________________________

Notary Public/Commissioner of Deeds

 

 

End of EXHIBIT C

 

EXHIBIT D

REFERENCES AND RELEVENT EXPERIENCE

 

Please list below references with whom your firm has been contracted to conduct work similar in scope to this RFP.

 

Reference Name Company phone email brief description of work performed for this reference

 

Please use the space below to share any other pertinent information that would help us know more about your business and ability to deliver the maintenance services as outlined in this RFP.

__________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

 

Your Firm Name: ___________________________________        Date: _____________

 

 

END OF RFP DOCUMENTS

 


REQUEST FOR PROPOSALS Property Maintenance Services  December 2022

Introduction

Troy Community Land Bank Corporation (“TCLB”) invites you respond to this Request for Proposals (“RFP”) to provide ongoing property maintenance, mowing and snow removal services for buildings and lands owned in the city of Troy, NY by the Troy Community Land Bank Corporation.

 

The TCLB was established in 2016 by the City of Troy to facilitate the process of acquiring, improving, and redistributing tax-foreclosed, vacant or abandoned properties.   TCLB is a local public authority, established as a land bank by the Empire State Development Corporation, the TCLB is a 501 (c)3 nonprofit organization committed to redeveloping vacant, abandoned, and under-utilized properties through community partnerships and strategic planning.

 

Summary

The TCLB is seeking bids to perform building maintenance which could include but is not limited to:  boarding up and winterizing vacant buildings, changing locks, minor building repairs and mowing of lawns and snow removal of sidewalks and front stoops.

The TCLB owns an average of 20 sites each year, including vacant lots and buildings.  TCLB has a regularly rotating inventory of buildings and lots.  On occasion the Land Bank may acquire a building that has tenants, in which case there would be a need to maintain the units until the residents are relocated.   TCLB seeks to use this RFP in developing a one year renewal contract with a 30 day cancellation clause for either party.

The TCLB is seeking to engage with a property maintenance firm to provide services on an hourly basis, and that would have regular availability (within 3 days/72 hours of request).  The TCLB would also like this same property maintenance firm to provide snow removal at each 6” in snowfall (except in warm situations or waiting until the end of the storm) and to provide regular law mowing as needed in season.

The TCLB is looking for an hourly rate (which can be specific to particular work scope) if so preferred.  Materials are to be purchase by contractor unless specifically requested otherwise by either party prior to performance of work.

 

Schedule

Proposals are due electronically only (complete attached bid form with copy of insurance) no later than Friday December 23, 2022, at 3pm

Submit proposals to the attention of Heather King at:  Director@troycommunitylandbank.org.

 

Proposal Requirements

  • Complete and submit Bid Form (Attached “Exhibit A”)
  • Provide evidence of insurance coverage that meets or exceed the requirements below (“Exhibit B Insurance”)
  • Completed non- collusion statement (“Exhibit C”)
  • Completed references form (“Exhibit D”)

 

 

PROPOSAL EVALUATION

 

  1. Proposals will be reviewed by members of the TCLB. Evaluation and selection will be based upon the following criteria (not listed in any particular order):

 

  • Completeness of response
  • Price
  • Experience/ references

 

 

questions

Questions regarding this RFP must be submitted to Theresa Newton, Troy Community Land Bank, to Positive Communities email, at poscommunities@gmail.com or 518 937-7751

 

RFP Notification and Legal Disclosures

Those submitting proposals do so entirely at their own expense.

 

All Proposals received in response to this RFP are subject to the conditions of this RFP. TCLB, in its sole discretion, reserves the right to modify any matter contained in this RFP; cancel or suspend this RFP or to reject any or all Proposals received in response to this RFP; decide whether a Proposal does or does not substantially comply with the submittal requirements and procedures described in this RFP; waive minor informalities of any Proposal; obtain clarification or additional information to properly evaluate a Proposal; obtain references regarding any Respondent’s past performance from any source; and negotiate a contract with the successful Respondent. Neither issuance of this RFP nor evaluation of any Proposal(s) obligates TCLB to award a contract from this RFP.

 

All Proposals received response to this RFP will become the property of TCLB and will be subject to disclosure pursuant New York State Law, except those portions of a Proposal that a Respondent requests exemption from disclosure consistent with New York State Law. TCLB will take reasonable measures to hold in confidence all Proposal contents but shall not be liable for the release of any information when required by law or court order.

 

The contents of this RFP, any subsequent correspondence related to contract negotiations, and such other stipulations as agreed upon may be made a part of the final contract or agreement developed by TCLB.

 

After award, the any agreements between TCLB and the successful Respondent will be a public document and not part of any agreement can be designated as “Confidential” unless permitted otherwise by law.

 

Attachments: EXHIBITS A- D

 

 

EXHIBIT A

BID FORM (Three Pages)

 

The following price is submitted for all work covered by the bid documents.

Hourly Rate Hourly Rate Exclusions or clarifications
Snow blowing and shoveling, lawn mowing  $
Maintenance to include lock changes, boarding up, winterizing, other  $
Mark up on purchased materials  $
 
 

 

Please list here if your firm will be subcontracting any work quoted above.  Include firm name, contact information and for which workscope (s).  Note the insurance requirements found in Exhibit B apply to subcontractors as well.

_____________________________________________________________________________

 

SIGNING BELOW SIGNIFIES ACCEPTANCE TO ALL TERMS AND CONDITIONS.  NO OTHER DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS SHALL APPLY UNLESS AGREED TO IN WRITING BY THE AUTHORIZED SIGNATORIES OF BOTH PARTIES.

WBE/MBE/SDVOB Policy It is the policy of the Land Bank that Minority-Owned Business Enterprises (MBE), Women-Owned Business Enterprises (WBE) and Service and Disabled Veterans owned businesses (SDVOB) are afforded the maximum opportunity to take part in the performance of contracts.  It is also the Land Bank’s goal to award Procurement Contracts to those procurement contractors who have evidenced compliance with the laws of the State of New York prohibiting discrimination in employment.

Affirmative Action  As required by Executive Law § 312, and in compliance with the Land Bank’s procurement policy, any contractor awarded a procurement contract in excess of $25,000 for services rendered to the Land Bank must acknowledge this affirmative action policy and agree to implement the same by making every reasonable effort to award any subcontracts (none of hereby authorized) to MBEs and WBEs and to utilize minority and labor in the performance of any agreement that is awarded to the contractor. Specifically, any contractor awarded a contract more than $25,000 dollars will be expected to abide by the following provisions:

The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination.  For purposes of this section, affirmative action shall mean recruitment, employment, job assignment, promotion, upgrading’s, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.   At the request of the contracting agency, the contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor’s obligations herein.

The contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the MWBE and/or SDVOB Threshold Contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

 

Non-Discrimination Policy  In accordance with Article 15 of N.Y. Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor agrees that neither it nor any of its subcontractors shall, by reason of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics or marital status refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.

 

IRANIAN ENERGY SECTOR DIVESTMENT

Contractor hereby represents that Contractor is in compliance with New York State Public Authorities Law Section 2829-c entitled “Iranian Energy Sector Divestment.” By signing this contract, each person and each person signing on behalf of any other party certifies, and in the case of a joint bid or partnership each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each person is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law. Specifically, the Contractor represents that it has not:

 

Provided goods or services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or

 

Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

 

 

Indemnification:

  1. To the fullest extent permitted by applicable law, the Contractor shall indemnify, defend, and hold harmless the Land Bank, and its contractors, officers, directors, servants, agents, representatives, and employees (each, individually, an “Indemnified Party” and, collectively, the “Indemnified Parties”), from and against any and all liabilities, damages, losses, costs, expenses (including, without limitation, any and all reasonable attorneys’ fees and disbursements), causes of action, suits, claims, damages, penalties, obligations, demands or judgments of any nature, including, without limitation, for death, personal injury and property damage and claims brought by third parties for personal injury and/or property damage (collectively, “Damages”) incurred by any Indemnified Party to the extent caused by (i) any breach of this Contract by the Contractor, its contractors, subcontractors, officers, directors, members, servants, agents, representatives, or employees, or (ii) the malfeasance, misfeasance, nonfeasance, negligence, unlawful act or omission, or intentional misconduct of the Contractor, its subcontractors, officers, directors, members, servants, agents, representatives, or employees, arising out of or in connection with this Contract or the Services to be performed hereunder. This paragraph shall survive the termination or expiration of this Contract.

 

  1. The Contractor, intending to be legally bound, hereby expressly agrees and covenants to hold harmless and indemnify Enterprise, its directors, officers, agents and employees from and against any and all third party costs, losses, actions, liability, demands, claims, damages and expenses of any nature or any kind (including, but not limited to, indebtedness, penalties, fines, Enterprise’s costs and reasonable legal fees) incurred in connection with this Grant or that arise out of any act or omission of the Contractor, any Subcontractors of the Contractor, or of any of their respective employees or agents except to the extent any such costs, liability, demands, claims, damages or expenses result from Enterprise’s gross negligence or willful misconduct. The Contractor shall be solely responsible and answerable in damages for any and all accidents or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor, or any Subcontractor pursuant to this Agreement.  Contractor’s obligations under this section shall survive termination of the agreement.

 

 

Additional Terms:  All materials submitted in response to this RFP will become the property of the Land Bank.

Submission of a proposal in response to this RFP shall constitute an offer on the part of the successful proposer to execute a Contract substantially as described herein.  News releases or other public announcements relating to this RFP shall not be made by any party receiving this RFP without the prior written approval of the Land Bank.

All proposals submitted to the Land Bank in response to this RFP may be disclosed in accordance with the standards specified in the Freedom of Information Law, Article 6 of the Public Officers Law of the State of New York (“FOIL”). An individual or firm submitting a proposal may provide in writing, at the time of its submission, a detailed description of the specific information contained in its submission which has been determined is a trade secret and which, if disclosed, would substantially harm such proposer’s competitive position. This characterization shall not be determinative but will be considered by the Land Bank when evaluating the applicability of any exemptions in response to a FOIL request.

 

Submitted by:                                                                                                                                     

Company Name                                              Email Address

                                    ________                                                                               

Signature                                                         Phone Number

                                                                                                                                   

Printed Name                                                  Date

                                                                                                                                   

Business Address

End of Exhibit A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

INSURANCE

The Contractor shall provide for itself and maintain at its own cost and expense throughout the term of Agreement the following forms of insurance issued by an insurance company licensed to do business in the State of New York:

(a)                   Commercial General Liability coverage with limits of liability not less than One Million Dollars ($1,000,000.00) per occurrence and not less than Two Million Dollars ($2,000,000.00) annual aggregate.  If CGL coverage contains a General Aggregate Limit, such General Aggregate shall apply separately to each Property.  The Contractor’s insurance shall include contractual liability coverage and completed operations coverage.  CGL coverage shall be written on an “occurrence” basis with coverage as broad as the Insurance Service Office form and no policy provisions may restrict, reduce, limit or otherwise impair contractual liability coverage or the status of any additional insured party.

(b)                  Comprehensive Automobile Liability coverage with limits of not less than One Million Dollars ($1,000,000.00) per accident.

(c)                   Commercial Liability Umbrella coverage with limits of liability not less than One Million Dollars ($1,000,000.00).

(d)                  Workers’ Compensation and Employers’ Liability in form and amounts required by law.  The “Troy Community Land Bank, Inc.” shall be named as an additional insured on the policies required by subparagraphs (a), (b), (c) (d) and (e) above on a primary and non-contributory basis. The Contractor shall furnish certificates of insurance to the TCLB and corresponding policy endorsement setting forth the required coverage hereunder prior to entering the Property or commencing any Work, and such policies shall contain an endorsement requiring the carrier to give at least ten days’ prior notice of cancellation or suspension to the additional insured parties. All insurance required by this contract shall be on a primary and non-contributory basis to any insurance maintained by the TCLB. The Contractors policy may not contain any exclusion for New York Labor Law injury to any employees, whether employed by the Contractor or a subcontractor, or any other person performing any portion of the Work. The Contractor and his insurer shall waive all rights of subrogation against the TCLB and all other Indemnified Parties, on the policies required by subparagraphs (a), (b), (c), (d) and (e) above.

(e)                   Professional Liability with limits of liability not less than One Million Dollars ($1,000,000.00) per Claim and ($2,000,000.00) in aggregate.

(f)                   Subcontractors must have an unmodified Commercial General Liability policy without limitation with respect to Employers Liability and injury to independent contractors. The Contractor shall have the affirmative duty to ensure that all subcontractors hired carry insurance with the same limits and provisions supplied herein.   The Contractor agrees to cause each subcontractor to furnish the TCLB with copies of certificates of insurance and the corresponding policy endorsements setting forth the required coverage hereunder prior to any such Contractor entering the Property or commencing any Work. Indemnification by the Contractor.  To the fullest extent permitted by applicable law, the contractor shall indemnify, defend, and hold harmless the Land Bank and its contractors, officers, directors, servants agents, representative and employees (each, individually, an “indemnified party” and, collectively, the “indemnified parties”), from and against any and all liabilities, damages, losses, costs, expenses (including, without limitation, any and all reasonable attorneys ’fees and disbursements), causes of action, suites, claims, damages, penalties, obligations, demands or judgements of any nature, including, without limitation, for death, personal injury, and property damage and claims brought by third parties for personal injury and/or property damage (Collectively, “Damages”) incurred by any identified party to the extent caused by (i) and breach of this contract by the contractor, its subcontractors, officers, directors, members, servants, agents, representatives, or employees, of (ii) the malfeasance, misfeasance, nonfeasance, negligence, unlawful act or omission, or intentional misconduct od the contractor, its subcontractors, officers, directors, members, servants, agents, representatives, or employees, arising out of or in connection with this Contract or the work. This paragraph shall survive the termination or expiration of this contract.

 

 

End of EXHIBIT  B

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT C

NON-COLLUSION AFFIDAVIT

State of New York

County of ____________________

_______________________________________, being first duly sworn, deposes and says that:

(1)  That he/she is __________________________(owner, partner, officer, representative or agent) of _________________________________, the bidder that has submitted the attached bid.

(2)  That he/she is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid.

(3)  That such bid is genuine and is not a collusive or sham bid.

(4)  Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion or communication or conference with any other bidder, or to fix any overhead, profit or cost element of the bid price or to fix any overhead, profit or cost secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Land Bank; and

(5)  The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

 

(Signed)_________________________________

 

Subscribed and sworn to before me this

 

_____ day of ___________________, 20__.

 

_______________________________________

Notary Public/Commissioner of Deeds

 

 

End of EXHIBIT C

 

EXHIBIT D

REFERENCES AND RELEVENT EXPERIENCE

 

Please list below references with whom your firm has been contracted to conduct work similar in scope to this RFP.

 

Reference Name Company phone email brief description of work performed for this reference

 

Please use the space below to share any other pertinent information that would help us know more about your business and ability to deliver the maintenance services as outlined in this RFP.

__________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

 

Your Firm Name: ___________________________________        Date: _____________

 

 

END OF RFP DOCUMENTS