20261502 RFP HVAC Services.pdf

IFB for Lawn Care Services December 201ober 2014

REQUEST FOR PROPOSALS

20261502

HVAC SERVICES

Housing Authority of the City of High Point 500 E. Russell Ave.

High Point, NC 27260

PHONE (336) 878-2324

FAX (336) 885-6084

October 2026

20261502 RFP for HVAC Services October 2026

Request for Proposals

20261502

Sealed proposals will be accepted by the Housing Authority of the City of High Point (HPHA) at 500 E. Russell Ave., High Point, NC for HVAC Services until 11:00 a.m. local time, October 29, 2026. Any proposal received later than the specified time, whether delivered in person or mailed, will be disqualified. Faxed, emailed, or other unsealed submissions will not be accepted.

HPHA seeks to obtain a HVAC contractor to provide routine service work, preventative maintenance, equipment replacement, small and extensive projects not to exceed $50,000, and emergency repairs. The contractor will be responsible for installation, operation, maintenance, and repair of heating, ventilating, and air conditioning equipment necessary for the well-being and comfort of agency staff, residents, and visitors. The contractor will install new units or replace parts for existing units according to specifications and established safety guidelines included in the scope of work.

The contractor will perform these tasks at a level that supports the HPHA’s efforts to achieve the highest rating on HUD’s evaluation systems.

All interested contractors may obtain RFP documents through an email to procurement@hpha.net or HPHA's website at www.hpha.net. All questions must be sent to HPHA by 5:00 p.m. on October 16, 2026. Any addenda will be issued by 5:00 p.m. on October 20, 2026. Please send four (4) copies of your proposal. It is important that the proposals be submitted in a sealed envelope clearly marked in the lower left-hand corner with the name of the project: “HVAC Services – 20261502”.

All bids/proposals must contain the following completed forms:

1. E-Verify Affidavit

2. Personnel Certification

3. Section 3 and MWBE Certifications

4. Non-collusive Affidavit

5. Executive Order No. 11246 Compliance Report

6. References/Experience

7. Estimated Project Work Force - Prime/Subcontractor

8. Responder's Statement (Attachment A)

9. Profile of Firm (Attachment B)

10. Cost Proposal (Attachment C)

11. Other requested information on the Proposal Evaluation Criteria Form (Attachment D)

12. Financial Statement or Audit

13. Certifications and Representations of Offerors Non-Construction Contract (form HUD-5369-C)

14. Asbestos, Mold, and Lead Certification

It is very important that each company sends to HPHA all the required paperwork.

Contract for work under this RFP will obligate the contractor to not discriminate in employment practices. HPHA encourages minority owned, women owned, and Section 3 businesses to participate.

The HPHA reserves the right to reject all bids/proposals and to waive minor informalities in the bidding/RFP process.

Direct all inquiries and sealed proposals to: Susan Stimpson, Procurement Officer

500 E. Russell Ave.

High Point, NC 27260 procurement@hpha.net http://www.hpha.net/ mailto:procurement@hpha.net

HPHA RESERVATION OF RIGHTS NOTICE

• HPHA reserves the right to reject any or all bids/proposals, to waive informalities in the bidding process, and to terminate the bidding/RFP process at any time, if deemed to be in the best interest of the HPHA.

• HPHA reserves the right to terminate any contract awarded pursuant to this bid/RFP process, at any time for the convenience of the HPHA, upon five (5) days written notice to the successful bidder/responder.

• HPHA reserves the right to determine the days, hours and locations that the successful bidder/responder will provide the services detailed by this bid/RFP process.

• HPHA reserves the right to hold all bids/proposals without award and not permit withdrawal of said bids/proposals for a period of sixty (60) days from the bid opening date. Bids/proposals may be released by the HPHA procurement officer upon written request by the bidder/responder.

• HPHA reserves the right to determine a competitive range.

• HPHA reserves the right to negotiate with all bidders/responders who submit a proposal determined to have a reasonable chance of being selected for award.

• HPHA reserves the right to issue multiple contracts because of this offering.

• HPHA reserves the right to reject any bid/proposal it deems to be non-responsive or any bid/proposal from any bidder/responder deemed to be non-responsible.

• HPHA will have no obligation to compensate any bidder/responder for any cost incurred in responding to this bid/RFP document.

PROTEST PROCEDURES

Any actual or prospective contractor may protest the solicitation or award of a contract for serious violations of the principles of HPHA's Procurement Policy. Any protest against a solicitation must be received in writing before the due date for receipt of bids or proposals, and any protest against the award of a contract must be received in writing within ten

(10) calendar days after the contract award, or the protest will not be considered. All bid protests will be in writing and submitted to the contracting officer or designee, who will issue a written decision on the matter. The contracting officer may, at his or her discretion, suspend the procurement pending resolution of the protest, if warranted by the facts presented.

REQUIREMENTS FOR WRITTEN PROTEST

Protests will be submitted in writing, clearly stating the basis for the protest. These protests will include, at a minimum:

a. The name, address, and phone number(s) of the protestor.

b. The solicitation number and project title.

c. A detailed statement of the basis for the protest.

d. Supporting evidence or documents to substantiate any arguments; and

e. The form of relief requested.

TABLE OF CONTENTS

Sample Contract and Scope of Services

E-Verify Affidavit

Personnel Certification

Introduction to Section 3

Section 3 Specification Clause

Certificate of Section 3 Compliance

Housing Authority of the City of High Point MWBE Requirements

MWBE Participation Certification

Form of Non-Collusive Affidavit

Compliance with Executive Order No. 11246

Bidder's Experience

Estimated Project Work Force- Prime and Subcontractor

Attachment A- Responder's Statement

Attachment B- Profile of Firm and Financial Information

Attachment C - Cost Proposal

Attachment D - Proposal Evaluation Criteria

Attachment E - Competitive Range

Maintenance Wage Rates

Asbestos, Mold, and Lead Paint Certification

Instructions to Offerors Non-Construction (HUD-5369-B)

Certifications and Representations of Offerors Non-Construction Contract (HUD-5369-C)

General Conditions for Non-Construction Contracts - Sections I and II

(HUD-5370C I & II)

SAMPLE CONTRACT AND SCOPE OF SERVICES FOR

HOUSING AUTHORITY OF THE CITY OF HIGH POINT

NORTH CAROLINA, GUILFORD COUNTY

HPHA Contract 20261502

THIS CONTRACT FOR HVAC Services is made effective this ______ day of November 2026 by and between the Housing Authority of the City of High Point (HPHA), whose address is P.O. Box 1779, High Point, NC 27261 and _________________________ (Contractor), whose address is ________________________.

Witness That:

WHEREAS HPHA is a public housing authority organized under Chapter 157 of the North Carolina General Statutes.

WHEREAS HPHA desires to enter this contract for the provision of services by the contractor to meet the goals and objectives of HPHA.

WHEREAS, HPHA has selected the contractor consistent with HPHA’s Procurement Policy, and all applicable federal, state and local procurement laws.

WHEREAS the contractor has the knowledge and experience required to fully perform the scope of service herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable considerations hereby acknowledged, the parties hereto agree as follows:

A. BACKGROUND

HPHA has three (3) high rises, 271 one and two-story apartment units, and 182 single-family homes consisting of 938 dwelling units in total. These sites range from one (1) to five (5) bedrooms. Some of the buildings are slab on grade with no crawl spaces, and others have accessible crawl spaces.

B. SCOPE OF SERVICES

HPHA seeks to obtain a HVAC contractor to provide routine service work, preventative maintenance, equipment replacement, small and extensive projects not to exceed $50,000, and emergency repairs. The contractor will be responsible for installation, operation, maintenance, and repair of heating, ventilating, and air conditioning equipment necessary for the well-being and comfort of agency staff, residents, and visitors. The contractor will install new units or replace parts for existing units according to specifications and established safety guidelines included in the scope of work. The contractor will perform these tasks at a level that supports the HPHA’s efforts to achieve the highest rating on HUD’s evaluation systems.

The duties listed below illustrate the various types of work that may be performed. The omission of specific statements regarding duties does not exclude them from the position if the work is similar, related, or a logical assignment in association with this position. Undertakes and performs the following and all other work-related duties as assigned.

1. Keeps HVAC equipment and systems ready for use by performing a full range of preventive maintenance and restoring and repairing faulty or inoperative systems and associated equipment in accordance with blueprints, piping and wiring diagrams, and manufacturers’ specifications, including but not limited to:

Removing and cleaning blower motor and fan wheel Washing condenser and evaporator coils Replacing inoperative compressors Replacing faulty evaporator coils Replacing faulty condensation pumps and condenser units

Replacing faulty circuit boards, igniters, transformers, contactors, thermostats, etc.

Operating various measuring and testing instruments Adjusting and calibrating equipment Repairing duct work Performing soldering, pipefitting, and welding

2. Replace air conditioning and heating systems including refrigeration equipment, furnaces, heat pumps, boilers, LP, and natural gas systems.

3. Performs electrical, plumbing, and construction duties related to air conditioning/heating maintenance, repair, and installation.

4. Directs and monitors the work of vendors and contractors to ensure compliance with local, state, and federal codes and standards.

5. Plans and schedules preventive maintenance on HVAC systems and ensures work is performed in compliance with blueprints, manufacturer specifications.

6. Develop procedures and controls for the maintenance of the Agency’s HVAC systems.

7. Oversees and inspect HVAC work performed by others when the work does not require licensed technician to perform.

8. Changes HVAC filters regularly as needed.

9. Responds to complaints and/or work orders regarding HVAC systems/equipment in a timely manner.

10. Inspects, diagnoses, and troubleshoots problems, and selects and requisitions appropriate replacement parts.

Collaborates with Purchasing in maintaining HVAC maintenance parts and equipment inventory by:

Checking stock to determine inventory level Anticipating needed parts and equipment Placing and expediting orders for parts and equipment Verifying receipt of parts and equipment

11. Maintains continuity of maintenance and repairs by documenting service actions and noting system or equipment irregularities requiring continued monitoring.

12. Distribute notices to residents as needed.

13. Performs emergency and after-hours work as necessary and/or required.

14. Follows all established safety procedures and standards.

15. Reports to quality control, any lease violations and unsafe, unsanitary, or hazardous conditions encountered, or observed on or in any agency property or building.

16. Maintains a professional image and attitude in keeping the objectives of the agency and residents’ welfare.

ASSESSMENT SERVICES

Ongoing assessments will need to be made for each of the units within HPHA. Once the initial assessment schedule is developed it must be approved by the appropriate HPHA representative, who will assign priority to scheduled assessments. The initial assessment will be quoted separately. Once the ongoing assessment schedule is developed it must be approved by the appropriate HPHA representative.

These assessments will include:

• Site visits to assess current conditions and prepare recommendations.

GENERAL INFORMATION

1. The contractor will conduct non-emergency and routine work during HPHA’s normal business hours, which are between 8:00 am and 6:00 pm Monday through Thursday and between 8:00 am and 12:00 pm on Friday, excluding holidays. HPHA recognizes the following holidays:

i. New Year’s Day

ii. Martin Luther King, Jr. Day

iii. Good Friday

iv. Memorial Day

v. Juneteenth

vi. Independence Day

vii. Labor Day

viii. Veteran’s Day

ix. Thanksgiving Day and the Friday after

x. Christmas (2 days)

2. The contractor will provide a manager who will be responsible for the performance of the work. The name of this person and an alternate or alternates, who will act for the contractor when the manager is absent, will be designated in writing.

3. The contractor will be required to make sufficient routine inspections to ensure that the work is performed as required by the agreement. All work will be performed in a neat and professional manner that reflects quality workmanship in accordance with standard trade practices and safety procedures.

4. The contractor will furnish all signs, cones, barricades, tape, or other barriers as necessary at the work site to protect people from harm or injury.

5. HPHA will not be responsible for any of the contractor’s tools, equipment, or materials lost or damaged during the performance of this project.

6. The contractor will protect all completed or partially completed areas from damage until HPHA accepts the work.

The finished project will not be accepted or paid for until the inspected area is accepted by an authorized HPHA representative. The contractor is responsible for any damage to HPHA, or client property and/or associated structures affected by the contractor during this work of this contract. Any damages will be repaired at the contractor’s expense to the condition before the contractor’s damage and to the satisfaction of HPHA.

7. Any merchandise provided under the contract that is or becomes defective during the manufacturer’s warranty period will be corrected or replaced to the satisfaction of HPHA.

8. The contractor will provide adequate protection from damage for all work to the building, piping, or equipment and will repair damages of any kind for which the contractor’s employees or subcontractors are responsible.

9. The contractor will maintain Safety Data Sheets (SDS) in compliance with OSHA requirements for all products used and must comply with OSHA standards 29 CFR 1910 as general industry employers.

10. When requested, the contractor will provide written estimates, at no cost, of repair costs to include itemized lists of required materials.

11. The contractor will furnish all labor, materials, equipment, tools, and supervision necessary to provide HVAC maintenance, repair, or installation services on an “as needed” basis. Equipment up to and including those items listed below are considered overhead items covered under the labor rate bid. Specialty trade items for which additional charges are appropriate must be approved on a case-by-case basis with HPHA representative issuing the work request. Equipment covered in the Labor Rate:

i. All trucks, personnel, and transport equipment tools.

ii. All hand tools (including power tools) customarily employed in the HVAC, piping, and repair trade.

These include any tools for properly cleaning and servicing sewer lines and for soldering, threading, and repairing of any type of system piping.

iii. Ladders, scaffolding and /or lift equipment to enable work on any HVAC system located above a ceiling.

12. The contractor will bill for labor at the contract labor rate for actual on-site hours worked, defined as “from the time the employee(s) reports on the job site until the employee(s) leaves the job site”. Time spent on employees’ breaks for meals, picking up parts and materials, etc. will not be included in invoiced hours. The contractor’s employees and/or subcontractors will check in with the HPHA building manager or representative onsite at the time of arrival at the work site and at the time of completion and leaving the work site. Labor rates will include the use of all tools, equipment, vehicles, and all incidental costs of doing business normally required for this type of work.

13. Invoices must be submitted within thirty (30) days of work completion and must contain the following information:

i. Contract and work order number

ii. Site where work is performed, including name and address of facility

iii. Date work was performed

iv. Brief statement of problem and work that was performed

v. Full name, labor classification, and license number of all employees who performed work and labor hours billed. Master and journeyman rates will be paid as unlicensed tradesmen if this information is not provided on the invoice.

14. Materials will be provided and billed at cost. HPHA reserves the right to require proof of the contractor’s cost. No additional service fees associated with material acquisition, travel time, etc. will be allowed. HPHA reserves the right to accept or reject any materials, fixtures, etc. and to request specific types of materials (manufacturer, type, grade, quality, etc.) as deemed necessary. The contractor will, at the request of HPHA, provide all material specifications on any materials at no cost.

15. If the contractor suspects that asbestos containing materials will be compromised or has been compromised with the accomplishment of the assigned HVAC work, then the contractor is required to stop work immediately and to contact the HPHA representative.

16. Any use of a subcontractor by the contractor must be approved in written form by the appropriate HPHA representative. HPHA reserves the right to accept or reject any subcontractor for any reason.

i. The contractor will be responsible for ensuring that any approved subcontractor utilized will meet all provisions and specifications outlined in this price agreement. The contractor will be responsible for any or all actions by the subcontractor.

ii. Approved subcontractor will be utilized as required at cost with a markup of 10% for overhead. HPHA reserves the right to require proof of the contractor’s subcontractor cost.

iii. The percentage markup must be inclusive of all subcontract costs related to overhead. No additional service fees associated with material acquisition, travel time, etc. will be allowed.

17. Work will be directed on an as-needed basis. Work requests will be issued as written work orders or purchase orders, delivered via email.

18. The contractor and subcontractor employees assigned to perform work under this contract must have a valid form of identification on their person while on HPHA premises. These identifications may include, but are not limited to, State issued driver’s license, State issued IDs, Passports or Company badges with, at a minimum, the employee's picture, name, and position title or ID number, as well as the company's name.

19. This contract will not guarantee any amount of work to be performed or minimum hours to be used during the contract period. This contract is a labor and material rate contract, procured through open solicitation to allow HPHA access to the services specified at the costs provided in the negotiated bid amounts.

C. CONTRACTOR’S WORK PROCEDURES

The contractor will supply all materials, labor, and equipment for all services as described in the scope of services.

The contractor will maintain a clean and safe working environment for the employees and residents of the HPHA.

The contractor will furnish all the labor and equipment required to supply and deliver the required materials. The contractor will remove all rubbish, debris, and accumulated material after completion of the work. The contractor will not use any HPHA trash containers for disposing of debris of any kind without prior authorization.

D. CONTRACTOR’S QUALIFICATIONS

1. The contractor will have these minimum certifications/licensures:

a. EPA Section 608 Technician Universal Certification

b. H1 Licensure with the NC State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors

2. The contractor will include the names and qualifications of the technicians to be assigned to this contract.

Additional technicians may be added during the term of this contract, with correspondence and agreement by appropriate HPHA representative. License numbers as issued by the North Carolina State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors must be provided to the HPHA representative for all master and journeyman HVAC listed as technicians assigned to this contract prior to working in/on any HPHA sites.

2. Thorough knowledge of techniques, methods, and materials used in refrigerant recovery and abatement in compliance with EPA evacuation systems, 13 and 14 SEER, R22 Phase-out, and use of R410A, and standards and/or Section 608 of the Clean Air Act of 1990 as amended, including final regulations, as well as state and local prevailing codes.

E. CONTRACTOR'S RESPONSIBILITIES

1. The contractor must perform on the site, and with his/her organization, work equivalent to at least 15% of the total amount of work to be performed under this contract. This percentage may be reduced by a supplemental agreement to this order if, while performing the work, the contractor requests a reduction, and the contracting officer determines that the reduction would be to the advantage of the HPHA.

2. The contractor will be responsible for the employment, control and conduct of their employees and any approved subcontractors and for any damage resulting from any action or negligence of any employee or subcontractor. The contractor and/or their employees must not bring, authorize, or allow any person or persons other than employees of the contractor, employees of the approved subcontractors, staff of the HPHA or persons authorized by the HPHA to enter any property or premises where the contractor is working or has been working. Any violation of this statement or participation in any illegal activity by the contractor or their employees will result in the termination of this contract. The contractor will provide HPHA with a list of all employees and subcontractors within ten (10) calendar days of the award that will be at the project work site.

3. The contractor will be solely responsible for the placement and removal of all cautionary signs, i.e. truck cones, while unloading all materials associated with this contract.

4. The contractor will not have a conflict of interest with any present or former member or officer of the governing body of the HPHA or any member of the officer's immediate family for this or any other contract with the HPHA or any employee of the HPHA who formulates policy or who influences decisions with respect to the project(s), or any member of the employee's immediate family, or the employee's partner, any public official, member of the local governing body, or State or local legislator, or any member of such individuals' immediate family, who exercises functions or responsibilities with respect to the project(s) or the HPHA. If there are any conflicts of interest with any contracts, proposals or bids, it is the responsibility of the contractor to inform the HPHA. The HPHA will investigate all the information and plan to determine the final ruling.

5. Service, Material, and Equipment Responsibilities: The contractor is required to provide all permits, licensing, insurance; labor (all workers must be a minimum of 18 years of age); supervision; vehicles; equipment;

machinery and tools; and cleaning supplies needed to provide the required services within the designated time frame. The HPHA will coordinate with the contractor on material storage locations. The contractor will be responsible for securing all material storage.

6. Any damage to HPHA or client property and any other items inclusive or affected by the contractor during the work of this contract will be the contractor's exclusive responsibility. The repair or replacement to restore to the original condition must be paid in full by the contractor.

7. The contractor is responsible for all the licenses and permits required to complete this work. A copy of all inspections is required by HPHA. HPHA will inspect all work; the contractor must acknowledge any deficiencies and submit a plan for corrective actions within twenty-four (24) hours of notice and will complete said corrective actions within seven (7) calendar days.

F. COMPENSATION AND DELIVERABLES

The contract is a contract with work ordered in the RFP dated October 28, 2026, for "HVAC Services" from the HPHA and the RFP response from the contractor dated ________________. The contractor will submit invoices at the completion of each month. The contractor will include his/her company name, address, and telephone number;

an invoice number referring to this contract, 20261502; and the details of work being invoiced. (See Scope of Services GI, 13) Payment of approved invoices will be issued net 30 days after receipt at HPHA. Invoices will be all inclusive to include all costs of the contractor, including time/labor, travel, delivery, taxes, and related expenses, which are included in the contract amount. No additional charges will be permitted over and above the contract amount. The contractor agrees to keep accurate records, including time sheets and vouchers, of all time and expenses allocated to the performance of the contract work. Such records will be kept in the offices of the contractor and will be made available to the HPHA for inspection and copying upon request. Retention is required of all records for three (3) years after the final contract payment and all other pending contract matters are closed. Invoices will be submitted to:

Attention: Accounts Payable P.O. Box 1779 High Point, NC 27261 or email: accountspayable@hpha.net

The contract amount from the RFP for Contract 20261502 "HVAC Services" as submitted by the Contractor is $ (See Attachment C).

G. PERFORMANCE STANDARD

If, during the contract period, the product does not perform to the manufacturer’s specifications, and it cannot be repaired, the contractor must replace it with a comparable product. If during the first ninety (90) days after installation the replacement product does not perform as specified, HPHA will be entitled to a refund of payments made to the contractor for the replacement product. In providing services under this agreement, the contractor must endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.

H. NOTICE TO STOP WORK ORDER

HPHA has the right to issue a Notice to Stop Work Order at any time during the length of the contract period. The contractor will stop all work immediately upon receiving the Notice to Stop Work Order, pending a decision from HPHA or an agreement that might affect the Scope of Work or the project duration.

I. CONTRACT TERM

The work will commence upon the effective date of this contract. The performance period of this contract will be for one (1) calendar year, with four (4) - one (1) year extension options unless otherwise agreed to by all parties.

J. CHANGES

The HPHA may, from time to time, request changes in the scope of services of the contractor to be performed here under. Such changes, including any increase or decrease in the amount of the contractor's compensation, which are mutually agreed upon by and between the HPHA and the contractor, must be incorporated in written amendments and change orders to this contract. Change orders will only be issued for unforeseen events.

K. PERSONNEL

1. The contractor states that he/she has, or will secure at his/her own expense, all personnel required to perform the services under this contract. All services required hereunder will be performed by the contractor or under his/her supervision and all personnel engaged in the work will be fully qualified and, if applicable, will be authorized or permitted under State and local law to perform such services. None of the services subcontracted hereunder will be specified by written contract or agreement and will be subject to each provision of this contract. All personnel will be properly dressed to provide a positive reflection upon the contractor and the HPHA. The contractor will perform a drug test, a criminal background check and will check the sex offender’s registry on each employee who works on this contract. Each employee will pass a drug test, a criminal background check and will not be on the list of sex offenders before working on this contract and for the duration of the contract. The contractor will provide the HPHA with a list of all employees and subcontractors to work on this project and will update this list any time that a change in employees or subcontractors is made for any reason.

2. The contractor will ensure compliance with E-Verify for the contractor and any subcontractors when signing this contract and for the duration of this contract. The contractor will ensure compliance by any subcontractors subsequently hired by the contractor. A violation of this provision will provide grounds for a breach of contract claim by the local government should the contractor fail to ensure that his or her subcontractors have complied with the E-Verify requirement.

L. REPORTS AND INFORMATION

The contractor, at such times and in such forms as the HPHA may require, must furnish the HPHA such periodic reports as it may request pertaining to the work or services undertaken pursuant to this contract, the cost and obligations incurred or to be incurred in connection therein, and any other matters covered by this contract.

M. TERMINATION FOR CONVENIENCE

The HPHA reserves the right to terminate this contract at any time upon five (5) days written notice to the contractor;

provided, however, that to the extent HPHA’s obligation to pay any of the fees described hereinabove has already accrued and said fees have already been earned by the contractor, HPHA’s obligation to pay said fees will survive the termination of this contract.

N. TERMINATION FOR CAUSE

If the contractor refuses or fails to perform the work as described in the Scope of Services, or any separable part thereof, with the diligence that will ensure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within the time specified in this contract, and such refusal or failure has not been substantially cured within ten (10) days of written notice to contractor, HPHA may, by further written notice to contractor, terminate the right to proceed with the Scope of Services (or separable part of the Scope of Services) that has been delayed. In this event, HPHA may take over the work and complete it by contract or otherwise, and may take possession of and use materials, equipment, and plant on the work site necessary for completing the work.

O. INDEMNIFICATION

The contractor agrees to protect, defend, indemnify, keep, save, and hold HPHA, its officers, officials, employees, and agents free and harmless from and against any and all liabilities, losses, penalties, damages, settlements, environmental liability, costs, charges, professional fees (including attorney's fees) or other expenses or liabilities of every kind, nature and character arising out of or relating to any and all claims, liens, demands, obligations, actions, suits, judgments or settlements, proceedings or causes of action of every kind, nature, and character (collectively, Claims) relating to Contractor’s scope of work specified hereunder arising after the Effective Date of this Contract.

P. INSURANCE REQUIREMENTS

The contractor must provide General Liability insurance with the amount of $1,000,000 at a minimum for each occurrence and must provide Vehicle Liability insurance in the amount of $500,000 for each occurrence.

These policies must name HPHA as an additional insured. Additionally, the contractor must maintain Worker’s Compensation Insurance for statutory limits.

Q. DELIVERY OF PRODUCTS

The contractor agrees that all products produced under this contract and paid for by HPHA must be delivered to HPHA as directed in the Scope of Services. In the event of termination, whether for cause or convenience, the contractor agrees that those documents that HPHA has requested and paid for must be delivered to HPHA and HPHA will enjoy ownership of such documents.

R. GENERAL TERMS AND CONDITIONS

1. COMPLIANCE WITH HUD REGULATIONS

To the extent applicable, the contractor and HPHA must comply with all the provisions of HUD Regulations, and all state and local laws, ordinances and executive orders including, but not limited to: 2 CFR 200; Section 504 of the Rehabilitation Act of 1973 relating to disabilities; Section 3 of the Housing and Urban Development Act of 1968; Executive Orders 11246, 11625, 12432 and 12138 regarding Minority Business Enterprise Policy and Women's Business Enterprise Policy; 24 CFR pa1t 86; the cost principles of the Office of Management and Budget Circular A-87; Title VI of the Civil Rights Act of 1967 (42 U.S.C. 2000d et seq.); Age Discrimination Act of 1975 (42 U.S.C. 6101-07 et seq.); Copeland Anti-Kickback Act (18 U.S.C.' 874 and 40 U.S.C. '276);

Byrd Anti-Lobbying Amendment (31 U.S.C.' 1352); Debarment and Suspension (Executive Orders 12549 and 12689); and to the extent not included in the foregoing, all such laws, rules, regulations and Executive Orders, set forth in this contract, and the General Conditions of the Contract Public and Indian Housing Programs are specifically incorporated hereto. Contractor is mandated to comply with all the regulations for form HUD-50071 and form SF-LLL.

2. COMPLIANCE WITH LAWS AND REGULATIONS

The contractor must always observe and comply with all applicable laws, ordinances, rules, regulations and executive orders of the federal, state and local government, now existing or hereinafter in effect, which may in any way affect the performance of this contract. The contractor must take such actions as may be necessary to comply promptly with all governmental orders imposed by any duly constituted government authority whether imposed by the Federal, state, county or municipal authority. The contractor must avoid any conflict of interest in the pe1formance of this contract, should any conflict develop the HPHA may aid in the resolution of any potential situation that might result in a conflict of interest.

3. FORCE MAJEURE

The contractor will not be in default because of any failure to fulfil this contract under its terms if the failure results from causes beyond control and without the fault or negligence of the contractor. Examples of these causes are (i) acts of God or the public enemy, (ii) acts of government in its sovereign capacity, (iii) fires, (iv) floods, (v) epidemics, (vi) quarantine restrictions, (vii) freight embargoes, (viii) strikes or (ix) unusually severe weather. In each instance, the failure to perform must be beyond control and without the fault or negligence of contractor.

4. ENTIRE CONTRACT

This contract is comprised of this contract document, the RFP 20261502 for "HVAC Services" dated October 2026, the proposal submitted by the Contractor dated ________, and the negotiated price amounts dated __________incorporated herein by reference; and the HUD form as follows: General Contract Conditions for Non-Construction Contracts (HUD 5370C Section I) referenced herein. These items will constitute the entire contract between the parties and no other warranties, inducements, considerations, promises, or interpretations will be implied or impressed upon by this contract that are not expressly addressed herein and therein.

5. COUNTERPARTS

This contract may be comprised of several identical counterparts, each to be fully executed by the parties and each to be deemed an original having identical legal effect.

6. AMENDMENTS

No changes, amendments, modifications, or discharge of this contract, or any part thereof, will be valid unless in writing and signed by the authorized agent of contractor and by the duly authorized representative of HPHA.

7. GOVERNING LAW

This contract will be governed as to performance and interpretation in accordance with Federal laws and the laws of the State of North Carolina. In the event of any dispute between the parties, the venue is properly laid in Guilford County for any state court action and the Middle District of North Carolina for any federal court action.

8. SEVERABILITY

If any provisions of this contract will be held or deemed to be or will in fact be inoperative or unenforceable as applied in any particular case in any jurisdiction or in all cases because it conflicts with any other provision or provisions hereof or of any constitution, state, ordinance, rule of law or public policy, or for any other reason, such circumstances will not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstances, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever.

9. ASSIGNS

All the terms and conditions of this contract will be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, transferees and assigns.

10. OVERHEAD AND PROFIT FOR CHANGE ORDERS

Overhead and profit for additional work or change orders will be calculated as follows:

• For work performed by the prime contractor’s own work force, the prime contractor may include 6% markup for overhead, plus 10% profit in the cost proposal.

• For work performed by subcontractors, prime contractors may only include a 10% overhead markup.

• Subcontractor may include a 6% markup for overhead plus 10% profit in their cost proposal.

S. CONFIDENTIALITY DISCLAIMER

The contractor will take the responsibility of protecting the confidentiality of the HPHA very seriously, and the contractor will take the necessary steps to ensure that confidential data is protected. The contractor will keep all aspects of the contract information private and confidential and will not disclose any information to any third party for any reason.

1. The contractor will hold the confidential information received from HPHA in strict confidence and will exercise a reasonable degree of care to prevent disclosure to others.

2. The contractor will not disclose, transfer, disseminate, or divulge either directly or indirectly confidential information to others unless they are first authorized to do so in writing by HPHA.

3. The contractor will not reproduce confidential information nor use this information commercially or for any purpose other than the performance of his/her contract duties for HPHA.

4. The contractor will, upon the request or upon termination of his/her contract with HPHA, deliver to HPHA any notes, documents, and materials received from HPHA or originating from contract activities for HPHA.

5. The contractor will protect the confidentiality of all client records for the HPHA.

6. The contractor will not use any information disclosed for his/her own use.

7. The contractor will not disclose any information to any person or entity outside of the HPHA unless directed to do so by duly constituted legal authority or upon written notice by the HPHA.

8. The contractor will notify the HPHA if fraud, waste, or mismanagement is identified.

HPHA reserves the right to act, up to and including contract termination, for violations of this confidentiality disclaimer.

T. COMMUNICATION AND NOTICES

The parties agree to use their best efforts to communicate all information regarding the Scope of Services under this contract to the other party completely and promptly. All notices, requests, claims and other communications described herein or required hereby will be given or made by personal delivery, courier, facsimile, electronic mail, or certified mail to the parties at the following respective addresses:

HPHA Contractor

Susan Stimpson Name:

Procurement Officer P.O. Box 1779 Title:

Fax: (336) 885-6084 500 E. Russell Ave. Fax:

High Point, NC 27261/27260 procurement@hpha.net Address:

Phone: (336) 878-2324 E-Mail:

Phone:

U. DRUG FREE WORKPLACE

The contractor hereby certifies that he/she has a drug free workplace policy in effect and will submit the same to HPHA upon request. The drug free workplace policy must include, but is not limited to the following:

1. Each employee of the contractor must sign a statement stating that he/she agrees that he/she has been notified by the contractor and is aware that the unlawful manufacture, distribution, dispensing, possession, or use of a control substance is prohibited while working under a contract by HPHA.

2. The contractor hereby agrees that each employee has agreed to notify the contractor of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) calendar days after such occurrence.

3. The contractor hereby agrees upon such a request by HPHA, provided HPHA has reasonable suspicion of such a request, to any reasonable test, which expense will be the responsibility of the contractor, and the contractor will agree to such a test.

4. The word employee, as stated above, will include all the people in the job, including the principal (contractor), who is performing the skills of trade pertaining to the contract.

mailto:mlorenz@hpha.net

V. HUD GENERAL CONTRACT CONDITIONS

This contract is subject to the terms of form HUD-5370 CI. To the extent the terms of the Contract conflict with the terms of form HUD-5370 CI, the terms of form HUD-5370 CI will control.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.

Contractor By:

Name:

Title:

Fed ID:

Housing Authority of the City of High Point By:

Angela G. Jiménez, Chief Executive Officer

E-Verify Affidavit

Under existing North Carolina law, all state agencies, cities, counties, and local school boards must use E-Verify to check the work authorization of all new employees. (G.S. 126-7.1; G.S. l60A-169.l; and G.S. l53A-99.l). The requirement also applies to all private employers doing business in North Carolina who employ 25 or more employees in this state. G.S. 64-26(a) Private employers subject to the E-Verify requirement must maintain a record of verification of the employee's legal work status while the employee is employed and for one year thereafter.

E-Verify is a free, web-based system operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration that allows participating employers to electronically verify the legal employment status of newly hired employees. Employers submit information taken from a new hire's Form 1-9 (Employment Eligibility Verification Form) through E-Verify to the Social Security Administration and U.S.

Citizenship and Immigration Services (USCIS) to determine whether the information matches government records and whether the new hire is authorized to work in the United States. The employer receives an electronic verification of the new hire's legal employment status.

The Website address is: http://www.uscis.gov/pmtaVsite/uscis then click on the E-Verify Home Page.

State of

County of _

I _____ _______________________________________ of ____________________________________ attest to:

Bidder, Partner, Officer Company Name

1a. Compliance with E-Verify; or

1b. The fact that my company employs less than 25 employees in this state.

If subcontractors are required for the proposed contract I also attest to:

2a. My company's subcontractors’ compliance with E-Verify; and/or

2b. The fact that my company's subcontractors employ less than 25 employees in this state; or

2c. No subcontractors for the proposed contract.

The party making the foregoing proposal or bid certifies that E-Verification is genuine; that said bidder has checked all personnel at the E-Verify website and that all statements in said proposal or bid are true. A violation of this provision would provide grounds for a breach of contract claim by the local government should the contractor fail to ensure that his or her subcontractors have complied with the E-Verify requirement.

Subscribed and sworn to before me Signature of: ___________________________________

Bidder, if the bidder is an individual this day of 2_______

Partner, if the bidder is an individual

Official Signature of Notary Officer, if the bidder is a corporation

, Notary Public Notary's Printed or Typed Name

My Commission expires: 2_______ http://www.uscis.gov/pmtaVsite/uscis

Personnel Certification

Date _____________________

I ______________________________________of ______________________________________ certify that:

Bidder, Partner, Offeror Company Name

___________ All employees who will be doing work for this contract have passed a drug test; and

___________ All employees who will be doing work for this contract have had a criminal background check and have not had a drug related or other criminal charge for the last seven (7) year period beginning on the date of such conviction; and

___________ All employees who will be doing work for this contract have been checked against the Sex Offenders

Registry and are not a registered Sex Offender. HPHA will prohibit any contractor or any worker who is subject to a lifetime sex offender registration requirement under a Sex Offender Registration program from doing work for this contract.

I certify that the results of the personnel certifications are genuine; that said bidder has checked all personnel in all three

(3) areas listed above and that all statements in said proposal or bid are true.

Signature of: _______________________________________ Bidder, if the bidder is an individual

Partner, if the bidder is an individual

Officer, if the bidder is a corporation

INTRODUCTION TO SECTION 3

Section 3 of the Housing and Urban Development Act of 1968 is a tool that is used for economic uplift. The Act requires the Housing Authority as well as their contractors and subcontractors to make a good faith effort by taking concrete steps to provide opportunities for job training, employment on a permanent, temporary or seasonal basis, and contracting low-income people, particularly those who are recipients of Federal housing assistance.

Some of the following definitions may clarify the program.

Section 3 Area: City of High Point or Guilford County.

Section 3 Resident: An individual who resides in the Section 3 area who is low-income or very low-income.

Low-income families (including single people), whose income does not exceed 80% of the median area’s income.

Very low-income (including single people), whose income does not exceed 50% of the median area’s income.

Section 3 Business: (1) A business located within the Section 3 Area owned in substantial part, at least 51%, by Section 3 Resident; (2) whose permanent, full-time employees include persons, at least 30 % of whom are currently Section 3 Residents; (3) within three years of the date of first employment with the business concerned were Section 3 Residents; (4) provides evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications sect forth in (1), (2), or (3).

Median Family Income (MFI): MFI is determined by the Federal government. For this Section 3 Area, MFI for a family of 4 is $91,500. Low-income is 80% of AMI ($73,200); Very low-income is 50% of AMI ($45,750); and Extremely Low-income is $33,000, which is the greater of 30/50ths (60 percent) of the Section 8 very low-income limit or the poverty guideline as established by the Department of Health and Human Services (HHS), provided that this amount is not greater than the Section 8 50% very low-income limit. Consequently, the extremely low-income limits may equal the very low (50%) income limits.

As a contractor, you are required by the Act to take affirmative steps to give preference to the greatest extent feasible to qualified Section 3 area residents and business to provide training, employment and contracting opportunities.

Read the attached Section 3 Specification Clause, complete all attached certifications and forms, returning these completed forms with your other bid documents.

SECTION 3 SPECIFICATION CLAUSE

All Section 3 covered contracts will include the following clause (referred to as the Section 3 clause):

A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban

Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3 will to the greatest extent feasible, be directed to low-and very low-income people, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement Section 3.

As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with part 135 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under Section 3 clause and will post copies of the notice in conspicuous places at the work sit where both…