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SULLIVAN COUNTY LAND BANK CORPORATION NOTICE TO BIDDERS
RESIDENTIAL MOLD REMEDIATION SERVICES NOTICE IS HEREBY GIVEN that sealed bids for Residential Mold Remediation Services (B-19-7) will be
received by the Executive Director of the Sullivan County Land Bank Corporation c/o Division of
Planning at the Sullivan County Government Center, 100 North Street, Monticello, New York 12701,
until 1:00 o'clock PM on Friday June 28, 2019, and then be publicly opened and read aloud.
Copies of the Information for Bidders, Bid Form, and Specifications may be obtained at the
Sullivan County Land Bank Corporation, c/o Division of Planning, 100 North Street, Monticello, New
York 12701 or by email at [email protected]. Bids must be submitted on official forms
and in sealed envelopes at the above address and shall bear on the face thereof the name and address
of the bidder, designation of the Bid Item exactly as specified above and the Land Bank.
The Land Bank reserves the right to reject any and/or all bids and to re-advertise for new bids.
Bids shall be awarded in accordance with General Municipal Law §103. This Bid is not subject to
Prevailing Wage Rates.
Dated: June 21, 2019
BY ORDER OF THE SULLIVAN COUNTY
LAND BANK CORPORATION
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INFORMATION FOR BIDDERS REQUIREMENTS OF BID AND DELIVERY
ALL BIDS MUST BE SUBMITTED ON THE FORMS ANNEXED HERETO AND IN ACCORDANCE WITH PROVISIONS CONTAINED HEREIN.
1. Receipt and Opening of Bid.
The SULLIVAN COUNTY LAND BANK CORPORATION (“Land Bank”) invites bids for the "Bid Item" specified in the "Notice to Bidders" as detailed in the specifications attached hereto. Bids will be received at the office of the Land Bank until the time stated in the Notice to Bidders, and then at said place will be publicly opened and read aloud. Bids received after the specified time will not be considered. A bid may be withdrawn prior to the specified time for public opening. No bid may be withdrawn after the time set for public opening.
2. Preparation of Bid.
a. Sealed envelope. Each bid shall be submitted in a sealed envelope. The envelope shall have the following information on the outside:
(1). Bid for: Residential Mold Remediation: 48 Yaun Ave, Liberty, NY
(2). The name and address of the bidder. Bids which are forwarded by mail must be enclosed in another envelope addressed as follows:
Sullivan County Land Bank c/o Division of Planning 100 North Street, Monticello, New York 12701 Attn: Jill Weyer
Bid for: Residential Mold Remediation: 48 Yaun Ave, Liberty, NY
b. Bid Proposal. All blank spaces on the bid proposal form must be filled in. Prices must be
specified in both words and figures. Bid proposals must be signed by the bidder and properly acknowledged as specified on the form. Proposals which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations, ambiguities or irregularities of any kind may be rejected as informal.
c. Non-Collusion Certification. Each bid must be accompanied by a non-collusion certification as required by General Municipal Law Section 103-d. The certification shall be signed by the bidder. A copy of the non-collusion certification is annexed hereto.
3. Addenda and Interpretation.
No interpretation of the meaning of the specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretations should be in writing addressed to the Sullivan County Land Bank Corporation, 100 North Street, Monticello, New York 12701, and to be given consideration must be received at least five (5) days prior to the date fixed for the opening bids. Any and all such interpretations and any supplemental instructions will be in the form of a written addendum to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at respective addresses furnished for such purposes), not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid submitted. Any addenda so issued shall become part of the contract documents.
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4. Deviations from Specifications.
Minor deviations from specifications need not be specified. Major differences or variances from specifications shall be listed separately from the proposal, and enclosed with the proposal and made a part hereof.
5. Duration of Bid.
Prices and bid shall remain firm and effective for at least forty-five (45) days from date of opening of bids.
6. Performance Bond and Labor and Materials Payment Bond.
A performance bond and labor and materials payment bond may be required. Please check the General Requirements, Specifications or Contract for details.
7. Bid Price.
The prices quoted are to include the complete cost of the work or items bid including all charges, taxes, and all other incidental charges. It is expressly called to the bidders attention that bids are to be complete in all respects as regards materials, equipment or work to be furnished under this contract, and that no extras of any kind be allowed.
8. Taxes.
The bid price shall not include any excise or sales taxes from which the Land Bank is exempt.
9. Qualifications of Bidders.
The Land Bank may make such investigations as it deems necessary to determine the ability of the bidder to perform the work or supply the items, and the bidder shall furnish the Land Bank all such information and data for this purpose as the Land Bank may request. The Land Bank reserves the right to reject any bid if the evidence submitted by or investigation of, such bidders fails to satisfy the Land Bank that such bidder is properly qualified to carry out the obligations of the contract or supply the items, or if the bidder fails to furnish the requested information. Conditional bids will not be accepted.
10. Statement of Equality.
Reference made to trade means, manufacturer's names, minute details and/or methods of manufacture, including material specifications and/or model numbers in the specification affixed hereto is merely intended to indicate a standard of excellence and/or to more suitably detail and explain the type of product desired. Variations from specifications which do not materially affect the operational capability, the ease of maintenance, the physical ability to fit into space availability, the longtime operational economies and/or spare parts stock and/or procurement shall not preclude the products of and/or all manufacturers from being given due consideration in respect to the award of the contract. The Land Bank reserves the right to approve all proposed "equals".
11. Land Bank's Reservation of Rights.
The contract will be awarded to the lowest responsible bidder furnishing the required security. The Land Bank reserves the right to select the bid proposal, or any separate part thereof if separable, the acceptance of which will best serve the interest of the Land Bank or to reject any and all bids and to readvertise for bids. The Land Bank specifically reserves the right to waive any informalities in the bids tendered.
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GENERAL REQUIREMENTS
-Bid Bond: ☒ No ☐Yes
-Performance Bond: ☐ No ☒Yes - Amount Contract Price Non-Surety Bond No Additional Cost to Contractor See Bond Form in Bid
- Labor and Materials Bond: ☐ No ☒Yes Amount Contract Price Non-Surety Bond No Additional Cost to Contractor See Bond Form in Bid
- Retainage: ☐ No ☒ Yes __5_____________%
- Affidavits for progress & final payments: ☒Yes Insurance:
- Worker's Comp/Disability ☐ No ☒Yes (If Yes, statutory coverage requirement)
- Liability Insurances ☐ No ☒Yes Types and Limits - See Contract
- Builder's Risk ☒ No ☐Yes (If Yes, see Contract)
Other Insurance Requirements: ☐ No ☒ Yes (If Yes, see Contract)
- Land Bank as Additional Insured ☐ No ☒ Yes (If Yes, see Contract)
- Other Additional Insureds ☒ No ☐ Yes (If Yes, see Contract)
Other Requirements: ☐ No ☒ Yes EXECUTION OF CONTRACT AFTER BID AWARD
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BID 19-7: RESIDENTIAL MOLD REMEDIATION: 48 YAUN SPECIFICATIONS
The Sullivan County Land Bank Corporation (SCLBC) is issuing this Bid for competent firms to renovate 48 Yaun Avenue, Liberty, NY 12701.
SPECIFICATIONS & SCOPE OF WORK
All work shall be done to Uniform Code Council Building Code, ANSI, National Electrical Code, state and local codes and ordinances where applicable, include all costs to obtain all permits, close outs and certifications required to perform the work. Include all costs associated with supplying a 1 year warranty for parts and labor where applicable. All systems installed must be fully operational upon completion of project. All work shall meet local utility requirements. Under no circumstances shall any work be performed in violation of health or safety codes. All materials included shall be of new, unused, and of good quality. If supplying equipment, specifications will be included in the estimate (make/model). Contractor agrees to sign a full lien waiver upon completion of work certifying all labor and materials costs have been paid to employees and/or vendor and subcontractors. If utilizing a subcontractor, the company must be disclosed and proof of insurance, certifications where applicable be supplied. Contractor will be responsible to secure the work site and any and all materials and tools. If conducting environmental work, the contractor will be responsible to post and protect the site and workers as required by law. If the work will require the dwelling to be exposed to outside elements, the contractor will provide ongoing protection of the weather during the project. Price shall include all permits, testing (if applicable), insurance, legal disposal of all debris created, labor, materials, permits, and reconnection and disconnection fees if utilities are involved. If digging, the contractor is responsible to notify "Dig-Safe" and obtain clearance or tagging of underground utilities. Contractor shall supply their own power and water if power and water is not available on the property, personal protective equipment, heating, disposal units, cleaning supplies and equipment, lavatories for employees. Eating, smoking, alcoholic beverages will not be allowed on the property.
Post-remediation mold testing will be performed by another third party clearance company, which shall be ordered and paid for by the Land Bank and should not be part of this estimate. Final payment will not be released until clearance is obtained.
For more information, please refer to the Construction Contract (Attachment A), mold assessment report (Attachment B), and home inspection report (Attachment C).
Contractors chosen to perform the mold remediation work must be hold the certification for NYS for Mold remediation. A mold clearance will be ordered by SCLBC post remediation through a third party clearance Company or Assessor with the certified results provided to SCLB or whomever has project oversight at that time. No final funds will be released to the contractor until clearance and permit close outs are obtained.
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REQUIREMENTS
A. Insurance Requirements The successful bidder shall be required to provide for itself and maintain at its own cost and expense until the completion of the work the following forms of insurance as noted in the attached construction agreement (Attachment A).
The Sullivan County Land Bank and Local Initiatives Support Corporation shall be named as an additional insured on the policies required by subparagraphs (A and B).
B. MWBE Promotion It is the policy of the Land Bank that Minority-Owned Business Enterprises (MBE) and Women-Owned Business Enterprises (WBE) are afforded the maximum opportunity to participate 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.
C. 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 in excess of $25,000 dollars will be expected to abide by the following provisions:
1. The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, 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, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.
2. 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.
3. The contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the MWBE 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.
D. Sexual Harassment Policy The winning bidder must submit a signed Sexual Harassment Policy Certification, which will be included in the bid award package.
E. 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
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terms, conditions or privileges of employment.
F. Conflict of Interest The award of a contract is subject to provisions of all Federal, State and County laws. All proposers must disclose with their proposals the name of any officer, director or agent who is also an employee of the SCLBC. Further, all proposers must disclose the name of any SCLBC officer, employee, or elected official who owns, directly or indirectly, an interest of ten percent or more in the proposer or any of its subsidiaries or affiliates. To avoid conflicts of interest and the appearance of impropriety, the proposer shall be required to complete the Disclosure Form attached hereto.
G. Miscellaneous Requirements
1. The Land Bank will not be responsible for any expenses incurred by any firm in preparing or submitting a bid proposal. All bid proposals shall provide a straightforward, concise delineation of the firm’s capabilities to satisfy the requirements of this Bid. Emphasis should be on completeness and clarity of content.
2. The contents of the bid proposal submitted by the successful firm and this Bid are part of the contract for these services. The successful firm shall execute said contract with the Land Bank.
3. Bid proposals shall be signed in ink by the authorized principal of the responding party. 4. The selected firm is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of
any agreement or its rights, title, or interest therein or its power to execute such agreement to any other person, company or corporation without the prior written consent of the Land Bank.
SELECTION PROCESS
Bids will be opened on June 28, 2019 at 1PM in the Sullivan County Planning Department, 100 North Street, Monticello, NY 12701. A non-collusion affidavit must be submitted with the sealed bid.
*Labor is not prevailing wage - local participation preferred
Sealed bids are to be clearly marked and submitted to:
Sullivan County Land Bank Corporation c/o Sullivan County Division of Planning 100 North Street Monticello, NY 12701
More information on the Sullivan County Land Bank, including its adopted procurement policy, is available at www.sullivancountylandbank.org
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BID 19-7 FORM: RESIDENTIAL MOLD REMEDIATION: 48 YAUN
Bids due: June 28, 2019 at 1PM
CONTRACTOR INFORMATION
Company _________________________________________
Name _________________________________________
Address _________________________________________
City, State ZIP _________________________________________
Phone _________________________________________
Email _________________________________________
Estimated Days to Complete _________________________________________
Estimated Availability Date _________________________________________
Please answer all the following questions: Is your company a NYS Certified MWBE or SDVOB ( see definitions) Yes or No Is your company a non-certified Minority or Woman owned Enterprise Yes or No Do you intent to Subcontract any of the work Yes or No If Yes, what work: ____________________________________________________
Is your company and EPA certified Lead Firm? Yes or No Is your company a Section 3 Business? ( see definitions page) Yes or No Company Proposal Complete and sign this form. Submit with Cost Breakdown (on following page), proof of insurance, subcontractor information and insurance if applicable and any certifications your company has to perform the work. I, hereby submit a proposal to perform the residential rehabilitation items below for work on the property shown above. _________________________________________________ Submitted by (Company Representative Name, Title)
______________________________ Date
_________________________________________________ Signature
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COST BREAKDOWN
Please provide your costs and any other pertinent information regarding the bid.(attach additional sheets as necessary) When providing estimate, include all labor, materials, shipping or delivery fees, debris removal, taxes, where non capital improvement, permits, licensing and insurance to complete the job in full.
Item and Description Bid Amount
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
_________________________________________________________________ $__________________
TOTAL $__________________
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DEFINITIONS
Definition of Section 3 Business Section 3 is a provision of the Housing and Urban Development Act of 1968. The purpose of Section 3 to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low income persons, particularly those who are recipients of government assistance for housing, and to registered and non-registered business concerns which provide economic opportunities to low- and very low-income persons. You or your employees are section 3 residents if you live in subsidized housing or if your annual income is at or below the 80% Medium income limit- $42,500 for 1 person. For information on becoming a NYS Registered Section 3 employer visit https://portalapps.hud.gov/Sec3BusReg/BRegistry/BRegistryHome NYS Certified Minority and Women Owned Business Enterprise Under Article 15-A of the Executive Law, an MBE is a business enterprise in which at least fifty-one percent (51%) is owned, operated and controlled by citizens or permanent resident aliens who are meeting the ethnic definitions listed below: Black: Persons having origins from any of the Black African racial groups. Hispanic: Persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Native American or Latin American origin, regardless of race. Asian-Pacific: Persons having origins from the Far East, Southeast Asia or the Pacific Islands. Asian-Indian Subcontinent: Persons having origins from the Indian subcontinent. Native American or Alaskan Native: Persons having origins in any of the original peoples of North America. Definition of a Woman-Owned Business Enterprise (WBE) Under Article 15-A of the Executive Law, a WBE is a business enterprise in which at least fifty-one percent (51%) is owned, operated and controlled by citizens or permanent resident aliens who are women. https://esd.ny.gov/doing-business-ny/mwbe/mwbe-certification-eligibility-requirements
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SCHEDULE “A” For Informational Purposes Only
QUESTIONNAIRE REGARDING BUSINESS ENTERPRISES OWNED AND CONTROLLED BY PERSONS OF COLOR OR WOMEN
As part of the SCLBC’s program to encourage the meaningful and significant participation of business enterprises owned and controlled by persons of color or women in SCLBC contracts, we request that you answer the questions listed below.
The term persons of color means a United States citizen or permanent resident alien who is and can demonstrate membership of one of the following groups: (a) Black persons having origins in any of the Black African racial groups; (b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin regardless of race; (c) Native American or Alaskan native persons having origins in any of the original peoples of North American; or (d) Asian or Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian sub-continent or the Pacific Islands. An enterprise owned and controlled by persons of color or women means a business enterprise including a sole proprietorship, limited liability partnership, partnership, limited liability corporation or corporation that is (a.) at least 51% owned by one or more persons of color or women; (b.) an enterprise in which such ownership by persons of color or women is real, substantial and continuing; (c.) an enterprise in which such ownership interest by persons of color or women has and exercises the authority to control and operate, independently, the day-to-day business decisions of the enterprise; and (d.) an enterprise authorized to do business in this state which is independently owned and operated.
In addition, a business enterprise owned and controlled by persons of color or women shall be deemed to include any business enterprise certified as an MBE or WBE pursuant to Article 15-a of the New York State Executive Law and implementing regulations, 9 NYCRR subtitle N Part 540 et seq., or as a small disadvantaged business concern pursuant to the Small Business Act, 15 U.S.C. 631 et seq., and the relevant provisions of the Code of Federal Regulations as amended.
1. Are you a business enterprise which is owned and controlled by persons of color or women in accordance with the standards listed above? No Yes (as a business owned and controlled by persons of color) Yes (as a business owned and controlled by women)
2. If you are a business owned and controlled by persons of color, please specify, the minority classifications which apply: ____________________________
3. Are you certified with the State of New York as a minority business enterprise (“MBE”) or a women business enterprise (“WBE”)? No Yes (as a MBE) Yes (as a WBE)
4. If you are certified with the State of New York as an MBE, please specify the minority classifications which apply: _____________________________
5. Are you certified with the Federal Government as a small disadvantaged business concern? No Yes
Name of Firm/Business Enterprise: _______________________________________________________
Address: ____________________________________________________________________________
Name/Title of Person completing MBE/WBE Questionnaire: ___________________________________
Signature: _______________________________________
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SCHEDULE "B" REQUIRED DISCLOSURE OF RELATIONSHIPS TO SCLBC
(Prior to execution of a contract by the SCLBC, the selected firm(s) must complete, sign and return this form to the SCLBC)
Name of Firm: _________________________________________________
A. Related Employees: 1. Are any of the employees that you will use to carry out this contract with the SCLBC also an
officer or employee of the SCLBC, or the spouse, or the child or dependent of such SCLBC officer or employee? Yes No If yes, please provide details:
B. Related Owners: 1. If you are the owner of the firm, are you or your spouse, an officer or employee of the SCLBC? Yes No If yes, please provide details: To answer the following question, the following definition of the word “interest” shall be used:
Interest means a direct or indirect pecuniary or material benefit accruing to a SCLBC officer or employee, his or her spouse, child or dependent, whether as the result of a contract with the SCLBC or otherwise. For the purpose of this chapter, a SCLBC officer or employee shall be deemed to have an "interest" in the contract of:
i. His/her spouse, children and dependents, except a contract of employment with the SCLBC; ii. A firm, partnership or association of which such officer or employee is a member or employee;
iii. A corporation of which such officer or employee is an officer, director or employee; and iv. A corporation of which more than five (5) percent of the outstanding capital stock is owned by
any of the aforesaid parties.
2. Do any officers or employees of the NCLB have an interest in the firm or in any proposer that will be used for this contract? Yes No If yes, please provide details:
Authorized Company Official shall sign below and type or print information below the signature line: Name: ________________________________________
Title: _________________________________________
Date: ________________________
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PERFORMANCE BOND (Non Surety Form)
KNOW ALL MEN BY THESE PRESENTS: that
____________________________________________________________________________________ (NAME OF CONTRACTOR)
____________________________________________________________________________________ (ADDRESS OF CONTRACTOR)
a ______________________________, hereinafter called Principal, is firmly bound unto (Corporation, Partnership or Individual)
SULLIVAN COUNTY LAND BANK CORPORATION 100 North Street, Monticello, New York 12701
hereinafter called LAND BANK, in the penal sum of ZERO DOLLARS ($0.00) being equal to the amount of monies due to the Principal upon performance of the contract, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, joint and severally, firmly by these presents to timely and properly complete construction of the work at the Principal’s cost and expense.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the LAND BANK, dated the _____ day of ________________, 201__, for the roof replacement project at 7 Washington Street, Village of Monticello.
NOW, THEREFORE, if the Principal shall promptly and properly perform all of the work provided for in such contract and any authorized modification thereof, and within the time set forth and any authorized extension thereof, then this obligation shall be void; otherwise to remain in full force and effect.
IN WITNESS THEREOF, this instrument is executed and sealed, this _____ day of _______________, 20___.
ATTEST: PRINCIPAL___________________________________
_______________________________ BY: _________________________________________ (PRINCIPAL SECRETARY)
(SEAL) __________________________________________ ADDRESS
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LABOR AND MATERIALS BOND (Non Surety Form)
KNOW ALL MEN BY THESE PRESENTS: that
____________________________________________________________________________________ (NAME OF CONTRACTOR)
____________________________________________________________________________________ (ADDRESS OF CONTRACTOR)
a ______________________________, hereinafter called Principal, is firmly bound unto (Corporation, Partnership or Individual)
SULLIVAN COUNTY LAND BANK CORPORATION 100 North Street, Monticello, New York 12701
hereinafter called LAND BANK, in the penal sum of ZERO DOLLARS ($0.00 ) being equal to the amount of monies due to the Principal upon performance of the contract, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, joint and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the LAND BANK, dated the _____ day of ________________, 20___, for the roof replacement project at 7 Washington Street, Village of Monticello.
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, and all insurance premiums on said work, and for all labor, performed in such work, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the LAND BANK may make payments for material delivered and/or installed upon proof of payment to the materialmen or by instrument jointly payable to the Principal and materialmen and thereby reduce the amount of the Bond.
PROVIDED, FURTHER, that the LAND BANK may make final payment upon certification by the Principal that all materialmen and laborers have been paid. The Principal covenants that he shall receive the consideration for this contract and will hold the right to receive such consideration as a trust fund to be applied first to the payment of laborers and materialmen before using any part of the total of the same for any other purpose.
PROVIDED, FURTHER, that no final settlement between the land bank and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied, which claim shall be against the Principal on the Bond. Principal shall defend, indemnify and hold harmless the LAND BANK against all such claims.
IN WITNESS THEREOF, this instrument is executed and sealed, this _____ day of _______________, 201___.
ATTEST: PRINCIPAL___________________________________
_______________________________ BY: _________________________________________ (PRINCIPAL SECRETARY)
(SEAL) __________________________________________ ADDRESS
NON-COLLUSIVE BIDDING CERTIFICATION
By submission of this bid, each contractor and each person signing on behalf of any contractor certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief:
1. The prices in this proposal have been arrived at independently without collusion,consultation, communication, or agreement, for the purpose of restricting competition,as to any matter relating to such prices with any other contractor or with anycompetitor; and
2. Unless otherwise required by law, the prices which have been quoted in this bid havenot been knowingly disclosed by the contractor and will not knowingly be disclosed bythe contractor prior to opening, directly or indirectly, to any other contractor or to anycompetitor; and
3. No attempt has been made or will be made by the contractor to induce any otherperson, partnership or corporation to submit or not to submit a proposal for thepurpose of restricting competition.
Proposer Name: ___________________________
Signature: ________________________________
Date: ____________________________________
STATE OF NEW YORK ) ) ss.:
COUNTY OF SULLIVAN) On the _____ day of ____________ in the year 2018 before me, the undersigned, a Notary Public in and for said State, _______________________________ personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the officer described in and who executed the above certificate, who being by me duly sworn did depose and say that he/she is the party making the foregoing proposal or bid for ___________________________________(Project description), that such proposal or bid is genuine and not collusive and that all stats herein are true.
_______________________________ Date: _________________
Notary Public
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ATTACHMENT A - Construction Contract
This Contract (the "Contract") is made as of this ____ day of ______, 20____ by and between the Sullivan County Land Bank Corporation, a New York not-for-profit corporation having an office for the transaction of business at c/o Division of Planning, 100 North Street, Monticello, NY 12701 (the "Land Bank") and ___________________________________________________________________ (the "Contractor").
RECITALS
WHEREAS, the Land Bank is the owner of certain parcel(s) of real property situated in the County of Sullivan, State of New York as set forth in the bid documents, which are incorporated herein (individually a “Property” or collectively "Properties"); and
WHEREAS, the Land Bank desires to engage the Contractor to provide certain services, as described in the Specifications; and
WHEREAS, the Contractor has agreed to provide such services in accordance with the terms and conditions of this Contract.
NOW, THEREFORE, in consideration of the foregoing and in consideration of the covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Scope of Work. The Contractor hereby agrees to perform and complete the work set forth in the Specifications, which are incorporated herein, with respect to each Property and to comply with and/or perform all other requirements, duties, and obligations imposed on the Contractor under this Contract (collectively, the "Work"). All work shall be carried out in compliance with all applicable laws, regulations, rules and codes. The Contractor shall commence the Work within five (5) days following the execution of this Contract by both parties, unless a different time period is established in the Specifications. The Contractor shall provide the Land Bank with at least twenty-four (24) hours’ notice prior to commencing the Work at each Property.
2. Time for Completion. The Contractor shall complete all Work expeditiously, time being of the essence, and within any time frame stated in the Specifications. The Contractor will at all times exert its best efforts to complete the Work at the earliest possible time. All work must be completed by _______________ unless an extension is provided by SCLBC. All requests for extensions must be made in writing to SCLBC.
3. Payment. (a) The Land Bank shall pay the Contractor the bid price amount of $______________________ for all Work and all of the Contractor's duties and obligations of every kind whatsoever under this Contract throughout the term of the project for Work completed, itemized and invoiced monthly. Payment will be made after approval by the Land Bank or its agents that all invoiced Work has been completed by the Contractor. A 5% holdback will be made for each invoice and released within 60 days of completion of project. (b) No payment shall be made for any Work that is partially completed on a Property or Properties. If the Contractor fails or neglects to properly and timely complete the Work at any Property or
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Properties, the Land Bank, without prejudice to other remedies, shall have the right, upon three (3) days written notice to the Contractor, to hire a contractor to secure the site and/or, correct deficiencies in the Work at the Contractor’s sole cost and expense. In the event of an emergency, the Land Bank may hire a replacement contractor without notice to the Contractor. The Land Bank may deduct the reasonable costs of the replacement contractor’s work, together with the Land Bank’s expenses made necessary by the Contractor’s neglect or failure, from any payments then or thereafter due to the Contractor. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Land Bank. If all such amounts are not promptly paid by the Contractor, the Land Bank may avail itself of all legal and equitable remedies to recover such amounts from the Contractor, including applicable interest. If the Land Bank substantially prevails in an action or proceeding to recover such amounts, the Contractor shall pay the Land Bank’s reasonable attorney’s fees and costs. (c) The Contractor shall perform all Work as required under this Contract without additional compensation, notwithstanding whatever obstacles or conditions, foreseeable or unforeseeable, may arise or be encountered, subject to approved changes to the Contract Price in accordance with Section 4.
4. Changes to the Work and the Contract Price. Changes in the Work planned and specified in this Contract and changes to the per Property price or the Maximum Payment shall be made only by written agreement or change order signed by both parties. If the Contractor encounters an unanticipated condition or obstacle which will increase the cost of completing the Work, such as the existence of a Hazardous Substance (as such term is defined herein), the Contractor may request an increase in the per Property price and the Maximum Payment. Any claim by the Contractor for an increase in the per Property price and the Maximum Payment shall require written notice delivered by the Contractor to the Land Bank stating the reason for the addition cost and providing a detailed budget for such increase. The Land Bank has the sole and exclusive authority to approve any changes in the scope and nature of the Work and any increases in the per Property price and the Maximum Payment.
5. Term. The Term of this Contract shall commence on the date first set forth above and shall end after all Work is completed and approved by the Land Bank, unless sooner terminated as provided for herein.
6. Land Bank’s Right to Stop Work. If the Contractor fails to correct Work that does not meet the requirements of the Contract or fails to carry out Work in accordance with the Contract, the Land Bank may stop the Work, or any portion thereof, until the cause for such stoppage has been eliminated or remedied by the Contractor. The right of the Land Bank to stop the Work shall not require the Land Bank to exercise this right for the benefit of the Contractor or any other person or entity.
7. Termination for Cause. This Contract may be terminated by either party for cause if the other party is in material breach of its obligations under this Contract and such breach continues un-remedied for more than seven (7) days after the defaulting party receives written notice stating the specific item or items of material breach under this Contract from the other party. In addition, and without limiting the foregoing, the Land Bank may terminate this Contract for cause if the Contractor fails to supply enough properly skilled workers with proper materials; fails to make required payment to vendors or subcontractors for materials or labor; or disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders
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of a public authority. In the event the Land Bank terminates this Contract for cause, the Contractor shall not be entitled to the payment of the Contract Price or any other compensation; the Contractor shall be excluded from the Land Bank’s Properties; and the Land Bank may hire a replacement contractor to secure the Property, correct deficiencies in the Work and/or complete the Work at the Contractor’s sole cost and expense, and the Land Bank shall have all other remedies as set forth in paragraph 3(b) above and all other legal and equitable remedies. The Land Bank may bar the Contractor from future work for the Land Bank.
8. Claims by the Contractor. If the Contractor has or believes it may have any claim against the Land Bank, whether for payment or any other reason, the Contractor is required to file a notice of claim with the Land Bank within thirty (30) days after the occurrence of the event giving rise to the claim. The notice of claim shall set forth the date and facts giving rise to the claim and the dollar amount of the claim. The notice of claim must be filed with the Land Bank at the address set forth above, either personally or by certified mail, or at such other address provided by the Land Bank in writing to the Contractor. The timely filing of a proper notice of claim shall be a condition precedent to the commencement of litigation by the Contractor against the Land Bank. The failure by the Contractor to timely file a proper notice of claim shall be a complete bar against any such litigation or liability of the Land Bank.
9. Labor, Materials, and Equipment. The Contractor shall provide and pay for all labor, materials, and equipment necessary to complete the Work in accordance with this Contract and all applicable laws and regulations.
10. Quality of Work/Warranty. The Contractor warrants to the Land Bank that (i) all materials to be supplied by the Contractor shall be new, of good quality and free of substances prohibited by law, unless otherwise expressly stated in writing by the Land Bank; and (ii) the Work shall be performed in a good, proper and workmanlike manner and in accordance with all applicable manufacturer’s guidelines and instructions, applicable laws, rules and regulations, and applicable industry standards. Contractor further warrants to the Land Bank that, for a period of one (1) year after acceptance of the Work by the Land Bank, the Contractor shall promptly and without cost to the Land Bank reconstruct, replace, repair and correct any defect or deficiency in the workmanship or in the materials supplied. Contractor agrees that if a longer warranty period for materials and/or labor is established in the Specifications, then such longer warranty period(s) shall apply. This Contractor’s full and unlimited warranty applies to all workmanship and materials, whether provided or supplied by Contractor, subcontractor or others. This paragraph shall survive termination or expiration of this Contract.
11. Securing and Maintaining the Property. The Contractor is solely responsible for making sure that the Property and its equipment, tools, and materials in or on the Property are secured continuously until all Work is completed.
12. Safety. (a) The Contractor agrees to comply with all applicable federal, state and local laws, rules, codes and regulations, including but not limited to applicable rules and regulations of the Occupational Safety and Health Act of 1970 (OSHA), as amended and/or any other state or federal agencies in the performance of any work under this Contract. The Contractor further agrees to comply with all safety provisions contained in statues, rules, codes and regulations of the State of New York. The Contractor also agrees to comply with any additional safety and health measures as are determined to be reasonably necessary by the Land Bank. The Contractor shall take proper dust abatement measures.
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(b) Without limiting the foregoing, the Contractor shall be responsible for initiating, maintaining and supervising all safety precautions required or appropriate in connection with the performance of the Contract. The Contractor shall take all reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to, (i) all employees and other persons who may be affected by the Work; (ii) the Work and the materials and equipment to be incorporated therein; and (iii) real property and personal property at the site or adjacent thereto, including but not limited to structures, roadways, sidewalks, pavements, utilities, trees, shrubs and lawns. The Contractor shall take all reasonable precautions to protect and prevent injury or damage to pedestrians and motor vehicles and their occupants, including traffic control.
13. Property Damage or Loss. The Contractor shall promptly remedy damage or loss to the extent such damage or loss arises, in whole or in part, directly or indirectly, from the act or omission of the Contractor, a subcontractor or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable. The Contractor shall promptly notify the Land Bank of any such damage or loss.
14. Assumption of Risks. The Contractor acknowledges that it has completed a thorough inspection of each property prior to commencing Work. The Contractor expressly assumes the risk of delays, obstacles, conditions (whether foreseeable or unforeseeable), and unanticipated costs and damages, associated with completing the Work in accordance with the terms and conditions of this Contract, subject to extensions of time for excusable delays, as determined by the Land Bank, and approved increases of the Contract Price. The Contractor expressly waives any and all damages for delay. The Contractor expressly and voluntarily assumes the risk of any and all environmental, dangerous, or hazardous conditions, including Hazardous Substances (as such term is defined below) or conditions caused by Hazardous Substances, encountered while performing the Work or arising out of the disposal, sale, donation, transportation, recycling, repurposing, or re-use of the materials removed from the Property. "Hazardous Substance" means, without limitation, any flammables, explosives, radon, radioactive materials, asbestos, urea formaldehyde foam insulation, polychlorinated biphenyls, petroleum and petroleum-based products or by-products, methane, hazardous materials, medical waste, hazardous wastes, hazardous or toxic substances or related materials, as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801, et seq), the Toxic Substances Control Act, as amended (15 U.S.C. Sections 2601, et seq), Articles 15 and 27 of the New York Environmental Conservation Law, and the regulations promulgated thereunder or any other federal, state or local environmental law, regulation, ordinance, rule, or by-law, whether existing as of the date hereof, previously enforced, or subsequently enacted.
15. Release and Waiver. The Contractor does hereby release and forever discharge and hold harmless the Land Bank and its officers, members, directors, agents, independent contractors, and employees, and their successors and assigns, from any and all liability, claims and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from the Contractor’s entry on, in, or upon the Property; the performance of the Work by the Contractor, all subcontractors and their employees, contractors and agents, the removal, disposal, sale, donation, transportation, recycling, repurposing, or re-use of any materials removed from the Property; or any future use by a third party of any materials removed from the Property (collectively, the "Activities"). The Contractor understands and acknowledges that
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this release and waiver discharges the Land Bank and its officers, members, agents, directors, independent contractors, and employees (collectively the "Releasees”) from any liability of and claim against any and all Releasees with respect to any bodily injury, personal injury, illness, death, or property damage that may result from the Activities, whether caused by the negligence of the Releasee(s) or otherwise.
16. Disposal of Hazardous Substances. If the Contractor handles Hazardous Substances, all Hazardous Substances shall be properly handled, transported, recycled or disposed of in accordance with applicable laws and regulations. Any air conditioners, refrigerators, or items that may contain refrigerants, and any items or materials containing mercury and/or any other harmful chemical shall be disposed of in accordance with applicable best practices and shall be handled and disposed of in accordance with applicable laws and regulations.
17. Permits and Licenses. The Contractor shall obtain, at its sole cost and expense, all permits, authorizations, approvals, and licenses necessary for the planning, performance, and completion of the Work in accordance with the requirements of the respective municipal agencies and other authorities having jurisdiction.
18. Compliance with Laws. The Contractor shall comply with all federal, state, county, town, village and other applicable laws, ordinances, rules, and regulations, (together, “regulations”) and all orders and rules of any duly constituted authorities affecting the Property or bearing on the performance of the Work. Such compliance shall include, but is not limited to, compliance with regulations regarding lead-based paint, asbestos containing material and other environmental and health risks.
19. Stormwater Management and Erosion Control. If applicable, the Contractor shall comply with the New York State Department of Environmental Conservation storm water management and erosion control regulations and best management practices.
20. Insurance. The Contractor shall provide for itself and maintain at its own cost and expense until the completion of the Work the following forms of insurance issued by an insurance company licensed to do business in the State of New York:
(a) Commercial General Liability ("CGL") 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 and not less than Two Million Dollars ($2,000,000.00) products/completed operations aggregate. If CGL coverage contains a General Aggregate Limit, such General Aggregate Limit 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 Land Bank’s status as additional insured.
(b) Umbrella Insurance coverage with limits of liability not less than One Million Dollars ($1,000,000.00) per occurrence.
(c) Comprehensive Automobile Liability coverage with limits of not less than One Million Dollars ($1,000,000.00) per accident.
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(d) Workers' Compensation and Employers' Liability in form and amounts required by law. The Land Bank shall be named as an additional insured on the policies required by subparagraphs (a), (b) and (c) above on a primary and non-contributory basis. The Contractor shall furnish certificates of insurance to the Land Bank 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 Land Bank. The Contractor and his insurer shall waive all rights of subrogation against the Land Bank and all other additional insureds and Indemnified Parties, except with respect to Workers’ Compensation insurance.
(e) Subcontractors are required to 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 provided herein. The Contractor agrees to cause each subcontractor to furnish the Land Bank 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.
(f) Environmental Pollution Liability Insurance coverage with limits of liability not less than One Million Dollars ($1,000,000.00) per occurrence, if the Work involves environmental remediation of any kind.
21. Indemnification by the Contractor. To the fullest extent permitted by applicable law, the Contractor shall indemnify, defend, and hold harmless the Land Bank, Collier Construction, LLC, and Keystone Environmental Service and their 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, fines, penalties, obligations, demands or judgments of any nature, including, without limitation, for death, personal injury and property damage (collectively, "Damages") arising, directly or indirectly, from (i) any breach of this Contract by the Contractor, its subcontractors, or their officers, directors, members, servants, agents, representatives, or employees; (ii) any act or omission of the Contractor, its subcontractors, or their officers, directors, members, servants, agents, representatives, or employees; or (iii) the violation or alleged violation of any law, regulation, ordinance or rule by the Contractor, its subcontractors, or their officers, directors, members, servants, agents, representatives or employees. This paragraph shall survive the termination or expiration of this Contract.
22. Independent Contractor Status. In performing the Work, the Contractor is acting as an independent contractor. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent, of employer and employee, or of partnership or of joint venture between the parties hereto.
23. Subcontractual Relations. The Contractor shall not contract with a proposed person or entity against whom the Land Bank has made reasonable and timely objection. By written agreement, the Contractor shall require each subcontractor to assume toward the Contractor all of the obligations and responsibilities, including responsibility for safety of the subcontractor’s work, which the Contractor, by this Contract, assumes
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toward the Land Bank. Each subcontract agreement shall preserve and protect the rights of the Land Bank with respect to the Work to be performed by the subcontractor.
24. Assignment. Neither the Contractor nor the Land Bank may assign this Contract without the prior written consent of the other party. This Contract shall be binding upon the parties and their respective successors and permitted assigns.
25. Miscellaneous Provisions. (a) This Contract shall be interpreted and enforced in accordance with the laws of the State of New York. (b) Paragraph headings are inserted for the convenience of the parties and may not be used as a means of interpreting this Contract. (c) All notices under this Contract shall be in writing and shall be served by personal service, or by certified or registered mail, return receipt requested. Notices by mail shall be addressed to each party at the address set forth in this Contract. Any party may notify the other parties of a different address to which notices shall be sent. (d) There are and were no verbal or written representations, agreements, or promises pertaining to the subject matter of this Contract not incorporated in writing in this Contract. This Contract supersedes all other agreements, if any, among the parties relating to the subject matter of this Contract. (e) No modification, amendment, addition to, or termination of this Contract, except in accordance with the specific terms contained herein, shall be valid or enforceable unless in writing and signed by all the parties hereto. (f) This Contract may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. (g) Any action or proceeding relating to this Contract will be brought in the Supreme Court of the State of New York in the County of Sullivan. The parties consent to the jurisdiction of such court and agree that such court is a convenient forum. (h) If any action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a default in the performance by a party of its obligations under this Contract, the prevailing party shall be entitled to recover all of such party’s attorneys’ fees incurred in each and every such action, suit, arbitration or other proceeding, including any and all appeals therefrom. (i) The waiver by any party hereof of any breach of any provision of this Contract shall not operate or be construed as a waiver of any subsequent breach. (j) If any one or more of the provisions of this Contract shall be held invalid or unenforceable, the validity and enforceability of all other provisions of this Contract shall not be affected thereby.
26. Public Authority Provisions (a) This contract may be cancelled or terminated by the Land Bank without penalty or damages of any kind upon (1) refusal by an owner, shareholder, member, manager director or officer of the party providing the goods or services hereunder, when called before a grand jury, head of state department, temporary state commission or other state agency, the organized crime task force in the department of law, head of a city department, or other city agency, which is empowered to compel the attendance of witnesses and examine them under oath, to testify in an investigation concerning any transaction or
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contract had with the state, any political subdivision thereof, a public authority or with any public department, agency or official of the state or of any political subdivision thereof or of a public authority, or (2) refusal of such person to sign a waiver of immunity against subsequent criminal prosecution, or (3) refusal of such person to answer any relevant question with respect to such transaction or contract. Further, such person, and any firm, partnership, limited liability company or corporation of which such person is a shareholder, member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any public authority or official thereof, for goods, work or services, for a period of five years after such refusal. (b) 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. (c) All purchase contracts for supplies, material or equipment involving an estimated expenditure in excess of fifty thousand dollars shall require with respect to materials, supplies and equipment made of, fabricated from, or containing steel components, that such steel components be produced or made in whole or substantial part in the United States, its territories or possessions. The provisions of this paragraph shall not apply to motor vehicles and automobile equipment assembled in Canada in conformity with the United States-Canadian trade agreements known as the "Automotive Products Trade Act of 1965" or any amendments thereto. All contracts in excess of one hundred thousand dollars for the construction, reconstruction, alteration, repair, maintenance or improvement of public works shall require that all structural steel, reinforcing steel or other major steel items to be incorporated in the work of the contract shall be produced or made in whole or substantial part in the United States, its territories or possessions. The provisions of this section shall not apply if the governing board or body of such public authority, in its discretion, determines that such provisions would result in unreasonable costs or that such steel products or steel components cannot be produced or made in the United States in sufficient and reasonably available quantities or of satisfactory quality or design. (d) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief:
(1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement with any other bidder or with any competitor; and (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.
27. Executive Law Provisions For any contract in excess of $25,000 for services rendered to the Land Bank, the Contractor shall comply with the requirements of state Executive Law §312. Without limiting the foregoing, the Contractor shall comply with the following provisions:
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(a) 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, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. (b) At the request of the Land Bank, the Contractor shall request each employment agency, labor union, or authorized representative of 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. (c) The Contractor shall state, in all solicitations or advertisements for employees, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.
IN WITNESS WHEREOF, the parties have executed this Contract as of the date and year first written above.
Sullivan County Land Bank Corporation Contractor
By: Jill Weyer, Executive Director (Name, Title)
By: ______________________________ (Name, Title)
______________________________ (Signature)
______________________________ (Signature)
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ATTACHMENT B - Mold Assessment
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This confidential report is prepared exclusively for Sullivan County Land Bank
©2019 CHB Inspections LLC
CHB Inspections
Mold Assessment Report
Assessment Date:
June 7, 2019
Prepared For:
Sullivan County Land Bank
Address:
48 Yaun Ave
Liberty, NY 12754
Prepared By:
CHB Inspections
67 South Hill Road
Grahamsville, NY 12740
845-798-2100
Report Number:
M18_06_07
Assessor:
Matt Costa
NYS Mold Assessor License #:
00649
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This confidential report is prepared exclusively for Sullivan County Land Bank
©2019 CHB Inspections LLC
Report Overview
Scope of Inspection
"Mold assessment" means an inspection or assessment of real property that is
designed to discover mold, conditions that facilitate mold, indication of conditions
that are likely to facilitate mold, or any combination thereof.” Molds are a part of
the natural environment and are simple, microscopic organisms whose purpose is
to break down dead materials. Mold can be found on plants, dry leaves, and just
about every other organic material. Mold spores are lightweight and are spread by
air currents. If spores land on a suitable surface, they will begin to grow. In order
to thrive, mold requires four things to grow. They are: water, organic materials,
oxygen, and an optimum temperature between 40 and 90 degrees Fahrenheit. Mold
growth is often seen as a discoloration and can grow in several different colors.
The most common are white, orange, pink, blue, green, black, or brown.
State of Occupancy
Vacant
Weather Conditions
Clear
Recent Rain
Yes
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This confidential report is prepared exclusively for Sullivan County Land Bank
©2019 CHB Inspections LLC
Executive Summary
A limited Mold Assessment was conducted, meaning the assessment is limited to
the area(s) described in the body of this report. Microbial growth was visually
discovered in the following affected areas: Basement, first floor, second floor
and attic. Total square footage of the area is approximately 2600 Square feet.
Microbial growth was hypothesized on extended vacancy, roof leak, moisture
intrusion and lack of ventilation.
Scope of Work
CHB Inspections LLC recommends professional remediation of the microbial
growth in the above described affected area. Work to include but not limited to:
1. Treatment/removal of contaminated materials including floor coverings and
drywall/paneling to NYS and or industry standards. Clean remaining walls,
ceilings, ductwork and objects in the room(s) that are not discarded with
anti-microbial solution.
2. Install containment barriers separating impacted regions from unaffected
portions of home.
3. Set up and run appropriate negative air machine exhausted to the exterior for
duration of project to maintain a minimum of 4 air changes per hour in
affected area.
4. Run XL sized dehumidifier in containment area if necessary to remove
excess moisture and bring down humidity to industry acceptable levels.
Moisture penetration and possible increased ventilation solutions as directed
by qualified contractor are recommended but not part of the clearance
requirements.
5. HEPA vacuum all areas of growth.
6. Apply anti-microbial to all impacted surfaces.
7. Negative air machines, commercial air scrubbers and dehumidifiers to run
for additional 1-2 days or as necessary following all remediation and
removal until clearance approval given by Assessor.
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This confidential report is prepared exclusively for Sullivan County Land Bank
©2019 CHB Inspections LLC
CHB Inspections LLC also requires remediation company forward
a copy of the work plan and dates of work scheduled prior to start
of work in order to adequately prepare for clearance inspection
while containment is in place.
Location of Visible Mold
Location: Basement
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This confidential report is prepared exclusively for Sullivan County Land Bank
©2019 CHB Inspections LLC
Attic
Page 6
This confidential report is prepared exclusively for Sullivan County Land Bank
©2019 CHB Inspections LLC
First Floor:
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This confidential report is prepared exclusively for Sullivan County Land Bank
©2019 CHB Inspections LLC
Page 8
This confidential report is prepared exclusively for Sullivan County Land Bank
©2019 CHB Inspections LLC
Second Floor
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This confidential report is prepared exclusively for Sullivan County Land Bank
©2019 CHB Inspections LLC
Source of Moisture Resolution
Resolution:
1. All sources of moisture should be determined and resolved. Without repair
the possibility for mold growth to reoccur is highly likely. Therefore, I
recommend contacting a qualified contractor to evaluate and repair as
necessary if this is not done by the remediation company. This work should
occur before mold remediation is initiated or directly following. If any delay
regarding repairs occur after mold remediation, the possibility of mold
growth may reoccur. Voiding any warranties the remediation company may
provide.
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This confidential report is prepared exclusively for Sullivan County Land Bank
©2019 CHB Inspections LLC
Cost Estimate of Remediation
The estimated of cost for remediation in the area of complaint is $25,000-$32,000.
It is always recommended that you have your professional remediator visit the site
in question to provide you with a detailed cost proposal as this is only a broad
estimate and may in fact be high.
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This confidential report is prepared exclusively for Sullivan County Land Bank
©2019 CHB Inspections LLC
Clearance Criteria
For a project to achieve clearance, a post remediation assessment IS REQUIRED
BY NYS LAW to be performed and is an additional fee. The assessment must
ensure that the area is free of visible mold growth and meets the specified
clearance criteria. CHB Inspections requests the following clearance criteria to be
met for the post remediation assessment.
Criteria
• Absence of visible fungal growth within the containment/affected areas.
• Absence of visible dust and debris within the containment/affected areas.
• If “Mold Resistant Coating” is used, complete coverage of all fungal growth
must be shown. Bleed through of black staining from the fungal growth may
occur.
• If a mold encapsulation coating is not applied then testing may be necessary
to verify and validate the antimicrobial detergent was used to kill the mold. A
minimum two tape lift or air cassette samples are necessary and the number of
samples is at the discretion of the assessor.
• If a fogging process is used to remediate the visible fungal growth, then
testing is required to verify validate the mold is dead.
• Complete removal of waste bags and/or debris, related to mold remediation.
• The pathway (non-containment/affect area) for transporting all remediation
equipment and waste bags should be absence of visible dust, debris, and fungal
growth.
• If insulation is required to be removed from the region, the expectation is
that those areas will be fully and completely remediated.
• All actions proposed per the remediation company’s project scope of work
are complete.
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This confidential report is prepared exclusively for Sullivan County Land Bank
©2019 CHB Inspections LLC
Remediation Project Overview
Overview
• This pre-assessment is considered a limited assessment, meaning no other
areas in the house were evaluated.
• Mold remediation of the affected region shall be performed by a New York
State Licensed Mold Remediation company.
• Copies of the NYS licenses of the remediators and abators who will be work
at the project site shall be provided to prior to performing the remediation project.
• The NYS license remediation company shall present their relevant project
instructions to the client for performing mold remediation, applying biocides,
hazard communications.
• All work performed should be based upon the most current industry
standards such as but not limited to, IICRC S520 Standards for Professional Mold
Remediation and IICRC S500 Standard Reference Guide for Professional Water
Damage Restoration.
• Personal Protection Equipment (PPE) shall be in accordance with the
IICRC-S520, Occupational Safety and Health Administration (OSHA) Code of
Federal Regulations CFR-1929.1200 and CFR 1910.120.
• All chemical shall be mixed outdoors in open areas, and the worker shall be
wearing appropriate safety personal protective equipment that is consistent with
the manufacturers recommended instructions for mixing. The term biocides refers
to an Environmental Protection Agency (EPA) registered product such as Foster
[Quaternary ammonium chloride] or similar. The term fungicide refers to a EPA
registered Fungicide Protective Coating {such as Foster 40-20] that meets National
Fire Protection Agency (NFPA) 90A and 90B 25/50 requirements. The biocides
and fungicides will be applied by an electric airless spray gun or other methods
approved by the fungicide manufacture. At the completion of the removal, and
following final clearance, the mold abatement worker shall apply the biocides to all
previously cleaned hard surfaces and subsequently the fungicide surface with in the
work area. The mold abatement worked shall ensure that materials are applied in
accordance with manufacturing labeling instructions. The mold remediation
contractor is to stop use of all biocides and fungicides immediately if it is found
that these chemicals are causing allergic reaction to the building occupants. Mold
remediation contractor should consult the manufactures labeling instruction to
ensure proper use of the chemical. The entire operation shall be observed,
monitored, and inspected by the mold remediation contractor.
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©2019 CHB Inspections LLC
• Notification and posting (hazard communications) shall be in accordance
with the NYS license remediation company’s project instructions. Examples may
consist of but not limited to, posting mold remediation is occurring, entrance and
exit location, contact information of the mold assessor and remediation company.
These instructions should be provided to the client prior to remediation.
Additionally, any chemicals to be use on the property shall be discussed with the
client prior to remediation.
• At the time of the assessment, no asbestos-like material or lead-like material
were observed the day of the assessment. While performing the mold remediation,
at any time if either of these hazards are discover, asbestos and/or lead survey shall
occur before resuming mold remediation. The remediation contractor should
comply with all OSHA regulation regarding work protection and adhere to any
federal, state and local regulatory agency requirements.
Terms and Conditions
• Prior to performing the remediation, the remediation company shall submit
their description of work to CHB Inspections for review. This action supports the
necessity to understand the working being performed and validate the stated work
was completed during the post remediation assessment (clearance testing).
• The approximate cost may change depending on possible increase or
decrease of scope of work based on remediator's evaluation.
• All projected costs related to the project herein should be verified and
validated by the remediator and/or qualified contractor by visiting the actual
location.
• Any changes to scope of work shall be discussed with the client and should
be conveyed to CHB Inspections prior to or during the mold remediation process.
As a result of the changes, additional clearance requirements may be required, and
may incur additional cost.
• Any and all health issues should be discussed with your physician.
• All remediation work shall follow federal, state and local regulatory agency
requirements.
• It is important to note that our findings relating to physical conditions
observed during this assessment were not intended nor do they attempt to identify
every possible source of contamination, mold or otherwise, in the structure. CHB
Inspections neither insures nor guarantees against water problems, mold problems
or other defects in the subject property or any of its components.
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©2019 CHB Inspections LLC
• All sources (i.e. water infiltration, high humidity levels, inadequate
ventilation, etc.) for mold growth should be resolved prior to post remediation
clearance evaluation, although is not considered be part of the mold remediation
clearance testing.
• CHB Inspections does not verify and/or validate another qualified
contractor’s (Licensed Remediator) design solutions for resolving the sources of
moistures; since that company is the expert in their field of study.
• Acceptance of clearance criteria is based on the actual day of the (visual
examination) post remediation clearance assessment, in addition this doesn’t
guarantee that microbial growth won’t reoccur in the compliant area herein.
• CHB Inspections does not guarantee any work performed and/or products
used by the client’s chosen remediation company.
• CHB Inspections does not guarantee and/or verify/validate the ventilation
system proposed by the NYS License remediation company.
• CHB Inspections follows the Standard of Practice and Codes of Ethics per
the National Association of Mold Remediator & Inspectors; www.namri.org.
• Any and all additional post remediation clearance assessment performed by
CHB Inspections due to failing the original post clearance assessment incurs a fee
of $150 plus any applicable samples for each visit thereafter.
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ATTACHMENT C - Home Inspection Report
Home Inspection Report
48 Yaun Avenue , Liberty , NY 12754
Inspection Date:Tuesday December 11, 2018
Prepared For:Sullivan County Land Bank
Prepared By:CHB Inspections
67 South Hill RoadGrahamsville, NY 12740
Report Number:2018_12_11A
Inspector:Matt Costa
License/Certification #:NY--16000067140
Inspector Signature:
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Receipt/InvoiceCHB Inspections67 South Hill RoadGrahamsville, NY 12740845-798-2100
Property Address48 Yaun AvenueLiberty , NY 12754
Date: Dec 11, 2018 Inspection Number: 2018_12_11A
Inspected By: Matt Costa Payment Method: Check
Client: Sullivan County Land Bank
Inspection FeeHome Inspection $795.00
Total $795.00
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This confidential report is prepared exclusively for Sullivan County Land Bank©2018 CHB Inspections
Report SummaryItems Not Operating
-The water service was off at the time of the inspection. This severely limits the ability to assess the condition of the plumbing system. All comments on plumbing fixtures pertain to the visible condition only, not the functionality of the components. It is recommended that you obtain confirmation of proper operation of plumbing supply and drain pipes and or a pressure test of the system prior to use. -Inspection was limited due to power being off at the time of the inspection. Any comments are limited to visible portions of the system and not it's functionality.
Major Concerns/Repairs- Window sills/trim were noted to have some damage. It is recommended that damaged areas be repaired/replaced as necessary. - Roof is in poor condition . It is recommended that it be repaired or replaced as necessary. -Walls and ceiling are damaged from an apparent roof leak, recommend repair. -There is dark staining which could potentially be microbial growth/m old like substance present ithroughout the house, recommend evaluation by Licensed NYS Mold Assessor and you follow any recommendations they may have. -Floor tiles resemble tiles that in the past were found to contain asbestos either in the tiles or the adhesive. It is recommended that they be evaluated by a qualified contractor and you follow any recommendations they may have. -Plumbing lines are damaged, recommend repair.
Potential Safety Hazards-Deck railings are loose and damaged, recommend repair. - As per NYS law , smoke detectors are required in all bedrooms. - No Carbon Monoxide detector visible, Recommend one be installed. - Open junction boxes/missing cover plates, recommend repair . -GFCI Outlets are an important safety feature in any home. For enhanced safety it is recommended that they be installed in the appropriate locations and within 6 feet of a water source.
Recommended Repairs/Deferred Cost Items-Exterior doors are in marginal condition and should be upgraded. -Multiple radiators are damaged, recommend repair or replacement as necessary. - Trim back trees and shrubs
Improvement Items-Main electric panel is utilizing all available spaces for breakers. You may want to have a qualified electrician installed a sub panel for any future needs. -Upgrade Windows to a more energy efficient design. -Air exchange system for basement
Items To Maintain/Monitor-Regular painting/staining maintenance is recommended. -Regular caulking maintenance is recommended.
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Report OverviewNYS Code Of Ethics And Regulations for Home Inspectors
7. Subpart 197 4. State code of ethics and regulations for home inspectors: Section 197-5.16 Limitations and Exclusions (A). Home inspectors are not required to observe any item that is concealed or not readily accessible to the home inspector. The home inspector is not required to move furniture, personal or stored items, with floor coverings, move attached wall or ceiling coverings or panels, or perform any test or procedure which could damage or destroy the item being evaluated. (B). Home inspectors are not required to observe appliances, recreational facilities, alarm systems, intercoms, speaker systems, radio controlled devices, security devices and lawn irrigation systems. (C). Home inspectors shall not be required to determine the presence or absence of any suspected hazardous substance including but not limited to, latent service and/or sub surface volatile organic compounds, PCB's, asbestos, urea formaldehyde insulation, toxins, carcinogens, diseases, wood destroying organisms, mold, hazardous plants, illicit drugs or drug making equipment, lead paint, noise or contaminants in soil, water, air quality, wetlands or any other environmental hazard. (D). Except as otherwise necessary and required by this standards of practice, home inspectors are not required to use special instruments or testing devices, such as amp meters, pressure gauges, moisture meters, gas detectors and similar equipment. (E). Home inspectors are not required to report on real property, geological, environmental or hazardous-waste conditions, manufacturer recalls for conformance of proper manufacture installation of any component or system, or information contained in consumer protection bulletins. Home inspectors are not required to report upon past or present violations of code, ordinances or regulations. (F). Home inspectors are not required to provide an inspection of any condominium common component or system, or to evaluate condominium reserve accounts. (G). Home inspectors are not required to enter any residential building or area of a building that, in the opinion of the home inspector, is dangerous to the safety of the home inspector or others or that will result in damage to the property, it's systems or components. (H). Home inspector shall not be required to enter any area or perform any procedure which, in the opinion of the home inspector, may damage the property or its components. (I). Home inspectors shall not be required to observe any system or component that is not included in this standards of practice. (J). Home inspections performed in accordance with these standards of practice are not technically exhaustive and are not required to identify concealed conditions, latent defects or consequential damages. (K). Home inspectors are not required to determine: 1. Conditions of systems or components that are not readily accessible. 2. The remaining life expectancy of any system or component. 3. The strength, accuracy, effectiveness or efficiency of any system or component. 4. The causes of any condition or deficiency. 5. The methods, materials or costs of corrections. 6. The future condition of a system or component including, but not limited to, the failure of the system and/or components. 7. The suitability of the property for any specialized use. 8. The advisability of purchase of the property. 9. The presence of potentially hazardous plants or animals including, but not limited to, wood destroying organisms or diseases harmful to humans including molds or mold like substances. 10. The presence of any environmental hazard including, but not limited to, toxins, carcinogens, noise, and contaminants in soil, water and air. 11. The effectiveness of any system installed or method utilized to control or remove suspected hazardous substances. 12. Operating costs of systems or components. 13. Acoustical properties of any system or component. 14. Soil conditions related to geotechnical or hydrologic specialties. (L). Home inspectors are not required to offer: 1. To perform work in any trade or profession other than home inspection. 2. Warranties or guarantees of any kind. (M). Home inspectors are not required to operate: 1. Any system or component that is shut down or otherwise inoperable. 2. Any system or component that does not respond to normal operating controls and shall not be required to dismantle any system or component, except as explicitly required by these standards of practice. 3. Shut off valves or manual stop valves. 4. Any system or component that, in the opinion of the home inspector, is dangerous to the home inspector or other persons, or will result in damage to the residential building, it's systems or its components. (N). Home inspectors are not required to observe: 1. Concealed spaces or components for underground items including, but not limited to, underground storage tanks or other underground indications of their presence, whether abandoned or otherwise. 2. Items that have not been installed. 3. Installed decorative items. 4. Items that are not entered in accordance with subdivision 15 of this section. 5. Detached structures other than garages and carports. (O). Home inspectors shall not be required to describe or report on any system or component that is not included in these standards of practice and was not inspected. (P). Home inspectors shall not be required to move personal property, furniture, equipment, plants, soil, snow, ice or debris. (Q). These standards of practice are not Intended to limit home inspectors from excluding systems and components from the home inspection if requested by the client. Complete Standards of Practice can be found here: https://www.dos.ny.gov/licensing/homeinspect/hinspect_ethics.html
Explanation Of Descriptive TermsACCEPTABLE: Indicates that the component is functioning as intended at the time of the inspection BUT may show signs of normal wear and tear and deterioration. This is not a prediction of future performance. MARGINAL: Indicates that the component appears deteriorated and likely will require repair or replacement anytime in the next five years. POOR: Indicates that the component will need repair or replacement immediately or in the near future.
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Report OverviewGeneral Information
1. A home inspection and resulting report is a snapshot in time and in no way a prediction or guarantee of future performance of any of a home's components or systems. It conveys the home's condition only for the date and time of the inspection. Numerous changes can and may have occurred in the home between the inspection date and when you move in. 2. Numerous areas of the structure such as attics, basements, crawlspaces, walls, floors and other surfaces may have been inaccessible or obstructed during the inspection by furniture and/or stored items. CHB Inspections makes every attempt to do the most thorough inspection while being non-intrusive, as mandated by State law. 3. This report is not a guarantee or warranty as to the absence of wood destroying organisms or rodents, nor is it a guarantee that the inspector found all areas where wood destroying organisms or rodents dwell, or any damage that may exist. Wood destroying organisms or rodents may exist in concealed or inaccessible areas. This report is not a structural integrity report and there is no warranty, expressed or implied, included in this report. 4. Property disclaimer: This home inspection does not determine the boundaries of the property or whether appropriate permits for additions or improvements have been obtained and closed out with the local Building Department. Also, this report does not address title or zoning issues, easements, covenants, deed restrictions and the like. These issues should be addressed by your title search company and/or your Attorney. This report does not determine the value of the property or the comparative value to similar homes in or around the area. A "competitive market analysis" (CMA) can be obtained from your Realtor. 5. Recommendation: After moving into the house, it is strongly recommend to have the locks changed or re-keyed if applicable. Over the years, previous owners may have distributed the keys to family and friends. A new set of locks would ensure privacy and security. If the house has remote garage door openers, we also recommend changing the access code(s) as well. 6. If you're reading this report but did not hire CHB Inspections to perform the original inspection, CHB Inspections has no fiduciary responsibility to anyone other than the original client. Please note that it is likely the conditions related to the home have probably changed, even if the report is fairly recent. Just as you cannot rely on an outdated weather report, you should not rely on an outdated inspection report. Minor problems noted may have become worse, recent events may have created new issues, and items may even have been corrected and improved. 7. Photos in this report may only be representative of defects and not indicate them in their entirety. 8. A Home inspection is NOT a code compliance inspection. For code compliance questions contact your local building department or code enforcement officer.
Main Entrance FacesEast
Ground CoverFrozen
Approximate Year Built1969
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GroundsDriveway/Parking
Material X Asphalt
Condition X Marginal
Comments - Driveway was useable but settled/damaged in areas. It is recommended that those areas be repaired as needed.
Photos
Service Walks
Material X Stone
Condition X Marginal
Comments - Walkways and surrounding landscape materials may settle over time. This sometimes create tripping hazards. It is recommended that ongoing maintenance be done in order to create safe walkways.
Photos
Stoops/Steps
Material X Concrete X Wood
Condition X Poor
Comments -The presence of d amaged wood on steps was observed, it is recommended that the repair and/or replacement of damaged sections occur.
Photos
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Grounds
Deck/Balcony
Material X Wood
Condition X Poor
Finish X Treated
Comments -Deck railings are loose and damaged, recommend repair.
Photos
Landscaping affecting foundation
Negative Grade X Acceptable X Trim back trees/shrubberies
Comments -Trees and or shrubs become overgrown and may potentially cause damage to a building, it is recommended that you trim them away from the building.
Photos
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GroundsHose bibs
Condition X Poor
Operable X Not On
Comments -Pipe is not attached, recommend repair.
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ExteriorGutters/Scuppers/Eavestrough
Condition X Marginal
Material X Vinyl/Plastic
Leaking X No apparent leaks
Attachment X Satisfactory
Extension(s) Recommended X Yes
Comments - Recommend maintaining downspout discharge a minimum of 5-6' away from the house.
Siding
Material X Fiber-cement
Condition X Marginal
Comments -The siding is a type that resembles siding that may contain Asbestos. You may want to have it evaluated by qualified contractor to determine if any corrective action is necessary or recommended.
Photos
Trim
Material X Wood
Condition X Poor
Comments -Wood rot is present, this potentially continues deeper than can be visually determined. It is recommended that it be repaired by a qualified contractor.
Photos
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ExteriorSoffit
Material X Wood
Condition X Poor
Comments -S offit is damaged/rotted . It is recommended that it be repaired or replaced as necessary. - Peeling paint is present on the soffit. Recommend it be scraped off and the surface repainted as necessary.
Fascia
Material X Wood
Condition X Poor
Comments - Fascia was noted to have some deterioration. It is recommended that the damaged sections be repaired or replaced as necessary.
Photos
Damaged wood
Flashing
Material X Wood
Condition X Poor
Comments -Wood Flashing at windows/doors is damaged, recommend repair .
Photos
Damaged wood
Caulking
Condition X Marginal
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ExteriorCaulking cont.
Comments -Caulking is an important part of a homes defense against moisture and pest intrusion. It is recommended that all areas of caulking be maintained regularly.
Windows/Screens
Condition X Poor
Material X Wood
Screens X Not installed
Comments - Window sills/trim were noted to have some damage. It is recommended that damaged areas be repaired/replaced as necessary.
Photos
Damaged wood Damaged wood
Storms Windows
Condition X Broken/cracked
Material X Metal
Putty X N/A
Comments Glass cracked, recommend replacement
Slab-On-Grade/Foundation
Foundation Wall X Poured concrete
Condition X Acceptable
Concrete Slab X N/A
Comments - Foundation showed only typical minor cracks. It is recommended that you monitor any and all cracks as over time their condition may change.
Service Entry
Location X Overhead
Condition X Acceptable
Exterior receptacles X Yes Condition: Satisfactory Marginal X Poor
GFCI present X No
Comments -Recommend installing GFCI Outlets. -Outlets are damaged, recommend repair.
Photos
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Exterior
Building(s) Exterior Wall Construction
Type X Framed
Condition X Not Visible
Comments A b uilding's framing structure is typically not visible due to siding and unable to be evaluated visually.
Exterior Doors
Main Entrance Weatherstripping: Satisfactory X Marginal Poor Missing Replace Door condition:Satisfactory X Marginal Poor
Deck Door Weatherstripping: Satisfactory X Marginal Poor Missing Replace Door condition:Satisfactory X Marginal Poor
Rear door Weatherstripping: Satisfactory X Marginal Poor Missing Replace Door condition:Satisfactory X Marginal Poor
Other door Weatherstripping: Satisfactory X Marginal Poor Missing Replace Door condition:Satisfactory X Marginal Poor
Comments -Doors are in marginal condition and should be upgraded.
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RoofDescription
Comments Often roofs are not accessible for safety or other reasons. These may include; the roof is wet, frost or snow covered, or the roof is too steep or too high. Inspections that do not involve walking on the roof surface are not as reliable as those that are performed by other methods and there are limitations to the inspection. Only Visible/Accessible areas of chimneys, flues and caps can be inspected and reported on. The approximate remaining life of the roof covering can be affected by many factors such as weather conditions, etc. In our opinion its a wild guess to tell someone how much longer their cover may last nor can we tell you exactly how old a roof is without proper installation documentation. What I will do is tell you it's current condition and my opinion on replacement or repair needs. Clients are advised to consult a roofing expert for a professional opinion if they are concerned about these limitations.
General
Visibility X All
Inspected From X RoofInspection was conducted by physically walking the roof in all areas deemed safe to do so by the inspector.
Style of Roof
Type X Gable
Pitch X Medium
Roof #1 Type: Asphalt/Fiberglass 3 Tab Layers: 1+ Layers
Ventilation System
Type X Ridge
Comments Maintaining continuous unblocked soffit or eaves intake venting combined with continuous roof ridge venting (or equivalent if the building framing does not permit a ridge vent) is recommended to avoid ice dams, attic condensation, attic mold, rot, or insect damage from accumulating attic moisture.
Flashing
Material X Galv/Alum
Condition X Acceptable
Comments Flashing appears to be in adequate condition with no major defects.
Valleys
Material X Asphalt
Condition X Poor
Comments Valleys in need of repair or replacement.
Condition of Roof Coverings
Roof #1 X Poor
Comments - Roof is in poor condition . It is recommended that it be repaired or replaced as necessary.
Photos
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Roof
Skylights
Condition X Marginal
Comments -Skylights and their seals that prevent water intrusion age in the same fashion as shingles on a roof. It is recommended that skylights be changed at the same time a roof is replaced in order to prevent any future leakage.
Plumbing Vents
Condition X Marginal
Comments -It is recommended if and when you update your roof covering that you have your roofing contractor install new weather resistant boots around any vents that exist.
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KitchenDescription
Description Inspection of Kitchens typically includes (limited) operation and visual inspection of the following: range/cooktop (basic functions, anti-tip); range hood (fan, lights, type); dishwasher and permanently installed microwaves. For Your Information: Due to the unpredictable and latent nature of appliance problems, no warranty can be provided that appliances will not develop problems after the inspection. An inspection does not include the identification of, or research for, appliances and other items that may have been recalled or have had a consumer safety alert issued about it. Product recalls and consumer product safety alerts are added almost daily by the Consumer Product Safety Commission. I recommend visiting the following Internet site if recalls are a concern to you: http://www.cpsc.gov
Photos
Countertops
Condition X Acceptable
Comments Countertops typically have normal wear which may include scratches dings or slight markings in various places.
Cabinets
Condition X Acceptable
Comments -Cabinets have a mold like substance present on them.
Photos
Window(s)
Condition X Marginal
Comments - Screen is torn, recommend repair .
Plumbing
Faucet Leaks X Unknown
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KitchenPlumbing cont.
Pipes leak/corroded X Unknown
Sink/Faucet X Acceptable
Functional drainage X Unknown
Functional flow X Unknown
Comments -The water service was off at the time of the inspection. This severely limits the ability to assess the condition of the plumbing system. All comments on plumbing fixtures pertain to the visible condition only not the functionality of the components.
Walls & Ceiling
Condition X Marginal X Typical cracks
Comments -Cracks in drywall and plaster are a very common occurrence. They occur over time when there is stress or typical minute amount of settlement of the home. The majority of the time they are considered cosmetic and can be repaired when repainting.
Heating/Cooling Source
X Yes
Floor
Condition X Acceptable
Comments Floor covering appears to be in satisfactory condition
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Laundry AreaLaundry
Limitations The inspection of the Laundry Area does not include determination of washer or dryer function. These are excluded from the standards of practice,
Laundry sink X N/A
Heat source present X No
Room vented X No
Dryer vented X Wall
GFCI present X No
Appliances X None
Gas shut-off valve X N/A
Comments -Mold like substance present on the drywall, recommend evaluation by a licensed mold Assessor and you follow any recommendations they may have.
Photos
Microbial growth
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BathroomsBath
Location Master Bath
Tubs X N/A
Showers Pipes leak: Yes No X Not Visible
Toilet Bowl loose: Yes X No
Whirlpool X No
Shower/Tub area X Ceramic Condition: Satisfactory X Marginal Poor Rotted floorsCaulk/Grouting needed: X Yes No
Drainage X Acceptable
Water flow X Acceptable
Moisture stains present X Yes X Ceilings
Doors X Acceptable
Window X Marginal
Receptacles present X Yes
GFCI X No
Open ground/Reverse polarity X Unknown
Heat source present X Yes
Exhaust fan X No
Comments -Excessive moisture from showers or baths can be detrimental to the building components. It is recommended that an exhaust fan be installed. -Drywall is damaged, recommend repair.
Photos
Bath (2)
Location 2nd Floor Master bath
Tubs X N/A
Showers Pipes leak: Yes No X Not Visible
Toilet Bowl loose: Yes X No
Whirlpool X No
Shower/Tub area X Ceramic Condition: Satisfactory Marginal X Poor X Rotted floorsCaulk/Grouting needed: X Yes No
Drainage X Unknown
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BathroomsBath (2) cont.
Water flow X Unknown
Moisture stains present X Ceilings
Doors X Acceptable
Window X None
Receptacles present X Yes Operable: X Yes No
GFCI X No
Open ground/Reverse polarity X Unknown
Heat source present X Yes
Exhaust fan X No
Comments -Floor is damaged under shower, recommend repair. -Excessive moisture from showers or baths can be detrimental to the building components. It is recommended that an exhaust fan be installed. -GFCI Outlets are an important safety feature in any home. For enhanced safety it is recommended that they be installed in the appropriate locations and within 6 feet of a water source.
Photos
Damaged floor
Bath (3)
Location Second floor bath
Tubs Pipes leak: Yes No X Not Visible
Showers Pipes leak: Yes No X Not Visible
Toilet Operable: X Yes No
Whirlpool X No
Shower/Tub area X Ceramic Condition: X Satisfactory Marginal Poor Rotted floorsCaulk/Grouting needed: X Yes NoWhere: Normal caulking maintenance recommended
Drainage X Unknown
Water flow X Unknown
Moisture stains present X No
Doors X Acceptable
Window X None
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BathroomsBath (3) cont.
Receptacles present X Yes
GFCI X No
Open ground/Reverse polarity X Unknown
Heat source present X Yes
Exhaust fan X No
Comments -Excessive moisture from showers or baths can be detrimental to the building components. It is recommended that an exhaust fan be installed. -GFCI Outlets are an important safety feature in any home. For enhanced safety it is recommended that they be installed in the appropriate locations and within 6 feet of a water source.
Photos
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RoomsDescription
Comments The inspector is performing a visual inspection and will report visible damage, and moisture problems if visible. A representative number of doors and windows will also be investigated for damage and normal operation if not blocked. Although excluded from inspection requirements, we will inform you of obvious broken gas seals in windows. Please realize that they are not always visible, due to temperature, humidity, window coverings, light source, etc. Personal items in the structure may prevent the inspector from viewing all areas. All exposed walls, doors, windows, ceilings and floors will be inspected if clutter does not hinder our view. I highly recommend taking another look once personal belongings are removed or have a re-inspection.
Bedroom
Location Second floor
Type BEDROOM
Walls & Ceiling X Marginal
Moisture stains X YesWhere: Ceiling
Floor X Acceptable
Ceiling fan X None
Electrical Switches: X Yes No Operable Receptacles: X Yes No Operable
Heating source present X Yes
Bedroom Egress restricted X No
Doors X Acceptable
Windows X Acceptable
Comments -Inspection limited due to the power supply being off at the time of the inspection. -There was a dark staining on the drywall which could potentially be microbial growth and or a mold like substance. Recommend evaluation by a licensed mold Assessor and you follow any recommendations they may have. - No smoke detector is visible, recommend one be installed.
Photos
Bedroom
Location Second floor
Type BEDROOM
Walls & Ceiling X Marginal
Moisture stains X YesWhere: Ceiling
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RoomsBedroom cont.
Floor X Acceptable
Ceiling fan X None
Electrical Switches: X Yes No Operable Receptacles: X Yes No Operable
Heating source present X Yes
Bedroom Egress restricted X No
Doors X Acceptable
Windows X Acceptable
Comments -Inspection limited due to the power supply being off at the time of the inspection. -Door is missing, recommend repair. -Paneling is loose, recommend repair. - No smoke detector is visible, recommend one be installed.
Photos
Master Bedroom
Location Second floor
Type MASTER BEDROOM
Walls & Ceiling X Marginal
Moisture stains X YesWhere: Ceiling
Floor X Acceptable
Ceiling fan X None
Electrical Switches: X Yes No Operable Receptacles: X Yes No Operable
Heating source present X Yes
Bedroom Egress restricted X No
Doors X Acceptable
Windows X Acceptable
Comments -Inspection limited due to the power supply being off at the time of the inspection. -There was a dark staining on the drywall which could potentially be microbial growth and or a mold like substance. Recommend evaluation by a licensed mold Assessor and you follow any recommendations they may have. - No smoke detector is visible, recommend one be installed.
Photos
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Rooms
Living Room Dining Room
Location Mid level
Type LIVING ROOM DINING ROOM
Walls & Ceiling X Damage
Moisture stains X YesWhere: Ceiling
Floor X Acceptable
Ceiling fan X None
Electrical Switches: X Yes No Operable Receptacles: X Yes No Operable
Heating source present X Yes
Bedroom Egress restricted X N/A
Doors X Acceptable
Windows X Acceptable
Comments -Inspection limited due to the power supply being off at the time of the inspection. -Walls and ceiling are damaged from an apparent roof leak, recommend repair.
Photos
Family Room
Location First floor
Type FAMILY ROOM
Walls & Ceiling X Poor
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RoomsFamily Room cont.
Moisture stains X YesWhere: Ceiling
Floor X Acceptable
Ceiling fan X None
Electrical Switches: X Yes No Operable Receptacles: X Yes No Operable
Heating source present X Yes
Bedroom Egress restricted X N/A
Doors X None
Windows X Acceptable
Comments -Inspection limited due to the power supply being off at the time of the inspection. -There was a dark staining on the drywall which could potentially be microbial growth and or a mold like substance. Recommend evaluation by a licensed mold Assessor and you follow any recommendations they may have. -Floor tiles resemble tiles that in the past were found to contain asbestos either in the tiles or the adhesive. It is recommended that they be evaluated by a qualified contractor and you follow any recommendations they may have.
Photos
Bedroom
Location First floor
Type BEDROOM
Walls & Ceiling X Acceptable
Moisture stains X YesWhere: Ceiling
Floor X Acceptable
Ceiling fan X None
Electrical Switches: X Yes No Operable Receptacles: X Yes No Operable
Heating source present X Yes
Bedroom Egress restricted X No
Doors X Acceptable
Windows X Acceptable
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RoomsBedroom cont.
Comments -Inspection limited due to the power supply being off at the time of the inspection. - No smoke detector is visible, recommend one be installed. -Floor tiles resemble tiles that in the past were found to contain asbestos either in the tiles or the adhesive. It is recommended that they be evaluated by a qualified contractor and you follow any recommendations they may have.
Photos
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This confidential report is prepared exclusively for Sullivan County Land Bank©2018 CHB Inspections
InteriorStairs/Steps/Balconies
Condition X Acceptable
Handrail X Acceptable
Risers/Treads X Acceptable
Smoke/Carbon Monoxide detectors
Smoke Detector X Present Operable: Yes No X Not tested X Recommend additional
CO Detector X Not Visible Operable: Yes No Not tested X Recommend additional
Comments - Smoke and carbon monoxide detectors are relatively inexpensive considering the importance of their function. It is recommended that the smoke and carbon monoxide detectors be replaced with new units upon taking ownership. Each level of living space should have both types of detectors installed. The installation of hard-wired smoke detectors in each bedroom is recommended if possible as is the inter-connecting of all smoke and CO detectors. New smoke detectors are available that have 10 year batteries and which combine ionization and photocell functions thereby detecting both slow smoldering fires as well as quickly developing fires. - As per NYS law , smoke detectors are required in all bedrooms. - No Carbon Monoxide detector visible, Recommend one be installed.
Attic/Structure/Framing/Insulation
Inspected from X Access panel
Location X Hallway
Flooring X None
Insulation X Fiberglass X Damaged
Installed in X Between ceiling joists
Vapor barriers X Kraft/foil faced
Ventilation X Recommend additional ventilation
Fans exhausted to Attic: Yes X No Recommend repair
HVAC Duct X N/A
Chimney chase X N/A
Structural problems observed X No
Roof structure X Trusses X Wood
Ceiling joists X Wood
Sheathing X Plywood
Evidence of condensation X No
Evidence of moisture X Yes
Evidence of leaking X Yes
Firewall between units X N/A
Electrical X No Visible defects
Comments Sheathing, examined from the attic, had some water damage, recommend repair -There is dark staining which could potentially be microbial growth/m old like substance present in attic, recommend evaluation by Licensed NYS Mold Assessor and you follow any recommendations they may have.
Photos
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This confidential report is prepared exclusively for Sullivan County Land Bank©2018 CHB Inspections
Interior
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This confidential report is prepared exclusively for Sullivan County Land Bank©2018 CHB Inspections
BasementDescription
This section describes defects related to the visible portions of the foundation, and basement floor and walls. This includes the structural components in the basement area, including the exposed portions of the foundation and framing. Despite all efforts, it is impossible for a home inspection to provide any guarantee that the foundation, and the overall structure and structural elements of the building is sound.
Stairs
Condition X Marginal
Handrail X Yes
Headway over stairs X Low clearance
Foundation
Condition X Marginal
Material X Poured concrete
Horizontal cracks X None Visible
Step cracks X None Visible
Vertical cracks X Yes
Covered walls X West
Movement apparent X None Visible
Indication of moisture/dampness X Yes
Comments - Foundation showed minor cracks. Some of them have been patched. You may want to consider having the cracks professionally repaired.
Photos
Cracking
Floor
Material X Concrete
Condition X Acceptable
Comments -Visible portions of the floor appeared to be in overall adequate condition.
Drainage
Sump pump X No
Floor drains X Yes
Comments Some old moisture stains are present, recommend maintaining proper slope away from the house and make sure the gutters drain properly..
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This confidential report is prepared exclusively for Sullivan County Land Bank©2018 CHB Inspections
BasementGirders/Beams
Condition X Functional
Material X Wood
Comments Girders/Beams do not appear to have any major structural defects.
Joists
Condition X Functional
Material X Wood
Comments -There is dark staining which could potentially be microbial growth/m old like substance present, recommend evaluation by Licensed NYS Mold Assessor and you follow any recommendations they may have.
Photos
Subfloor
Condition X Marginal
Comments There is dark staining which could potentially be microbial growth/m old like substance present, recommend evaluation by Licensed NYS Mold Assessor. Mold like substance present, recommend evaluation by Licensed NYS Mold Assessor
Photos
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This confidential report is prepared exclusively for Sullivan County Land Bank©2018 CHB Inspections
PlumbingDescription
It is important to stress that unforeseen leaks can occur at any time, especially if the home is vacant for a period of time, and no warranty can be provided that leaks will not develop after inspection. Because of minerals and other contaminants found in the water, the replacement of the sacrificial anode every 3-5 years to help maintain and possibly extendthe life of the water heater is recommended. If a Septic System is on the property, pumping is generally recommended prior to purchase, and then every three-five years. It is recommended that you have the main waste line inspected by a qualified contractor to determine if there is any blockage that may not be detectable during a home inspection.
Water service
Main shut-off location Outside at curbside
Water entry piping X Copper/Galv.
Lead other than solder joints X Unknown
Visible water distribution piping X Copper
Condition X Poor
Flow X Unknown
Pipes Supply/Drain X Unknown
Drain/Waste/Vent pipe X Copper
Condition X Unknown
Support/Insulation Type: Metal strapping No insulation
Traps proper P-Type X Yes
Drainage X Unknown
Interior fuel storage system X No
Comments -The water service was off at the time of the inspection. This severely limits the ability to assess the condition of the plumbing system. All comments on plumbing fixtures pertain to the visible condition only, not the functionality of the components. It is recommended that you obtain confirmation of proper operation of plumbing supply and drain pipes and or a pressure test of the system prior to use. -Plumbing lines are damaged, recommend repair.
Photos
Damaged plumbing lines
Water heater #1
Type X Electric
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This confidential report is prepared exclusively for Sullivan County Land Bank©2018 CHB Inspections
PlumbingWater heater #1 cont.
Combustion air venting present X N/A
Seismic restraints needed X N/A
Relief valve X Yes Extension proper: Yes No X Missing Recommend repair Improper material
Vent pipe X N/A
Condition X Poor
Comments -Water heater is disconnected, recommend repair or replacement as necessary.
Photos
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This confidential report is prepared exclusively for Sullivan County Land Bank©2018 CHB Inspections
Heating SystemDescription
The HVAC system may be powered by electricity, natural gas, oil, propane, solar panels, or wood. Certain areas of the heat exchanger are not visible without invasive dismantling of components, if this is a concern, a qualified heating specialist should be contacted. There is no warranty in any way on any inspected component including furnace heat exchangers, which can crack at any time without warning; boilers which are functioning at the time of the inspection may develop leaks or fail without warning. Electronic components of heating systems, especially computer mother-boards, can fail at any time and without warning; regular maintenance of the boiler or furnace and cleaning of the heating ducts is highly recommended and will help reduce the risk but cannot prevent failure. The inspector will usually test the heating and air conditioner using the thermostat or other controls. For a more thorough investigation of the system please contact a qualified HVAC service person.
Other systems
Type X Electric baseboard
Proper operation X Not Operated
System condition X Marginal
Comments -Multiple radiators are damaged, recommend repair or replacement as necessary.
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Electric SystemDescription
Due to limitations of time and scope, branch circuit load analysis and breaker-outlet tracing is not part of a home inspection. Recommend testing smoke and/or carbon monoxide detectors on a monthly basis to ensure operation of units. It is Important to replace smoke detectors by the expiration dates (average smoke detector life span is about 10yrs). Some bathrooms may have what appear to be non-GFCI outlets but are actually protected by a GFCI outlet in a remote area (garage, another bath, etc.). Any home that has a Bulldog Pushmatic, Zinsco, Sylvania Zinsco or Federal Pacific Stab-Loc Electric panel should have it evaluated by a licensed electrician, as these older types of panels and breakers have been known to overheat, breakers not trip when overloaded, and in some cases have caused house fires.
Main panel
Location Basement
Condition X Acceptable
Adequate Clearance to Panel X Yes
Amperage/Voltage X 200a X 120v/240v
Breakers/Fuses X Breakers
Appears grounded X Yes
GFCI breaker X No
AFCI breaker X No
Main wire X Aluminum Condition: X Satisfactory Marginal Poor
Branch wire X Copper
Branch wire condition X Acceptable
Comments -Inspection was limited due to power being off at the time of the inspection. Any comments are limited to visible portions of the system and not it's functionality. - Open junction boxes/missing cover plates, recommend repair . -GFCI Outlets are an important safety feature in any home. For enhanced safety it is recommended that they be installed in the appropriate locations and within 6 feet of a water source. -Main electric panel is utilizing all available spaces for breakers. You may want to have a qualified electrician installed a sub panel for any future needs.
Photos
Open junction box
This confidential report is prepared exclusively for Sullivan County Land Bank©2018 CHB Inspections