Vineland Housing Authority

Invitation for Bids for

AS NEEDED SUPPLEMENTAL

SNOW REMOVAL & ICE

CONTROL SERVICES

IFB # 26-05

DUE: Wednesday, September 30, 2026 – 10:30 A.M

PREVAILING TIME

TABLE OF CONTENTS

INVITATION FOR BIDS 1

INSTRUCTIONS TO BIDDERS 2

SCOPE OF SERVICES 3

TERMS AND CONDITIONS 4

BID FORMS 5

SECTION 1

INVITATION FOR BIDS

Invitation for Bids

As Needed Supplemental Snow Removal & Ice

Control Services

The Vineland Housing Authority (“VHA” or the “Authority”) is requesting bids for As Needed Supplemental Snow Removal & Ice Control Services.

The Housing Authority of the City of Vineland’s (VHA) mission is:

“The mission of the Vineland Housing Authority is to promote adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination. The VHA shall service the housing and social needs of lower income, elderly, disabled and family households living and working in the operating jurisdiction of the VHA.”

Bid documents may be obtained through the Housing Agency Marketplace eProcurement website at ha.internationaleprocurement.com (no www.)

This contract shall be awarded through a fair and open process, pursuant to N.J.S.A. 19:44A-20.4.

All proposers are required to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27, and submit with their bid all required affirmative action documentation.

The Authority reserves the right to reject all bids or waive any informality in the bid(s).

All bids must be submitted through the Housing Agency Marketplace eProcurement website and shall be based upon and in conformity with the specifications attached.

Due: September 30, 2026 at 10:30 A.M. Prevailing Time

Instructions for Mailing/Delivery of Bid

An acceptable bid shall consist of all required bid documents as identified within the Invitation for Bid specifications. Bids, including all required forms, certifications, and fee bid information, shall be submitted electronically through the Housing Agency Marketplace eProcurement website prior to the submission deadline.

The proposer shall be responsible for ensuring that all required documents have been properly uploaded and submitted through the portal prior to the deadline.

All questions regarding this Invitation for Bid shall be submitted through the Housing Agency Marketplace eProcurement website no later than:

Friday, September 18, 2026, 2:30 P.M. Prevailing Time.

SECTION 2

INSTRUCTIONS TO BIDDERS

I. IFB Contents

A. All bids shall be submitted electronically through the Housing Agency Marketplace eProcurement system in accordance with the instructions provided in this solicitation. Bids must be submitted by an authorized representative of the Bidder and shall be deemed a binding offer upon submission. The Authority reserves the right to reject any bid that is incomplete, non-responsive, altered in a manner inconsistent with the solicitation requirements, or not submitted in accordance with the required format or instructions.

B. A complete bid package shall consist of all documents identified in the bid checklist and any additional documents required by this solicitation. Failure to submit a complete package may result in disqualification at the sole discretion of the Authority.

C. Bids shall conform strictly to the requirements and specifications set forth in this IFB. Bidders may propose alternative approaches, methods, or enhancements; however, the Authority reserves sole discretion to accept or reject any such alternatives without obligation to negotiate or justify its decision.

D. All bids shall be submitted electronically. Any required certifications or forms must be properly executed by an authorized official of the Bidder.

E. Only one (1) complete electronic submission is required unless otherwise specified in the solicitation.

II. Opening of Bids

A. All bids submitted through the Housing Agency Marketplace eProcurement system prior to the submission deadline shall remain securely sealed and inaccessible to the Authority or any other party until the designated opening date and time established in this solicitation.

B. Bids will be opened in accordance with the procedures established by the Authority for IFB submissions. Late submissions shall not be accepted under any circumstances.

C. The Authority shall not be responsible for any bid that is improperly submitted, misdirected, incomplete, or incorrectly identified by the Bidder, including any resulting inability to access, open, or evaluate the submission within the eProcurement system.

D. No responsibility shall be attached to any officer, employee, or agent of the Authority for the premature opening, inability to open, or failure to properly receive a bid that is not correctly submitted in accordance with the requirements of this solicitation.

III. Interpretations

A. No oral interpretation, explanation, or representation shall be binding upon the Authority. Bidders rely on any oral statements at their own risk. No warranty, express or implied, is made regarding the accuracy or completeness of any information provided in this solicitation package.

B. All requests for interpretation or clarification must be submitted in writing to the individual designated in this solicitation.

C. Requests received after the established question deadline may not be considered.

D. Any interpretation, clarification, or modification to this solicitation will be issued only through written addenda via the

Housing Agency Marketplace eProcurement system. All addenda shall become part of this solicitation and shall be binding upon all Bidders. It is the sole responsibility of each Bidder to monitor the system for updates and addenda.

IV. Audits

A. The successful Bidder shall permit the Authority, the U.S. Department of Housing and Urban Development (HUD), and any other authorized governmental entity to examine, inspect, and audit all books, records, documents, and accounts related to performance under any resulting contract, to the extent permitted by law.

V. Time for Review

A. The Bidder acknowledges that the Authority shall have up to sixty (60) calendar days from the date of bid opening to evaluate submissions, determine responsiveness and responsibility, and issue an intent to award or proceed to contract negotiation. This review period may be extended:

1. By mutual written agreement of the parties; or

Instructions to Bidders

2. Automatically, if required approvals, including HUD approvals where applicable, have not been obtained.

VI. Rejection

A. The Authority reserves the right to reject any or all bids, waive minor informalities or irregularities, and accept or reject any bid deemed in the best interest of the Authority, in accordance with applicable law.

B. The Authority reserves the right to award contracts in whole, in part, by task, or to multiple Bidders, based on qualifications, capacity, expertise, and the Authority’s operational needs.

C. The Authority further reserves the right to limit any Notice to Proceed or Task Order to specific services, phases, or assignments, subject to available funding.

VII. Withdrawal of Bids

A. A Bidder may withdraw its bid through the Housing Agency Marketplace eProcurement system prior to the submission deadline, or by written notice submitted in accordance with the instructions of this solicitation.

B. After the submission deadline, bids may not be withdrawn except as permitted under applicable federal, state, and local law.

C. Negligence on the part of the Bidder in preparing its bid shall not constitute grounds for withdrawal or modification after the submission deadline.

VIII. Mathematical Error

A. In the event of a discrepancy between unit prices and extended totals, unit prices shall govern.

IX. Trade Secrets

A. Trade secrets or proprietary information submitted by Bidders shall be protected from disclosure to the extent permitted under applicable law, including OPRA and other applicable public records statutes.

B. Bidders seeking protection must clearly identify and mark each page or section claimed as confidential at the time of submission and must provide a legal basis for such designation.

C. The Authority shall make the final determination regarding disclosure in accordance with applicable law. The Authority shall not be liable for disclosure required by law.

X. Ineligible Contractors

A. The Authority shall not award any contract to any Bidder or accept any subcontractor that is debarred, suspended, declared ineligible, or otherwise excluded from participation in federal, state, or local public contracting programs, including HUD-funded programs.

B. In determining responsibility, the Authority may consider prior contract performance, default history, compliance with applicable law, financial capacity, litigation history, and any record of suspension, debarment, or termination by any governmental entity.

C. The Authority may review federal exclusion databases and other publicly available records to verify eligibility prior to award.

SECTION 3

SCOPE OF SERVICES

SCOPE OF SERVICES

Purpose

The Housing Authority of the City of Vineland (VHA) is soliciting bids from qualified and experienced contractors to provide supplemental snow removal and ice control services at VHA properties on an as-needed basis during the contract term.

Snow removal services shall be required only when snowfall accumulation reaches two (2) inches or more and upon notification and authorization by VHA. The Contractor shall not independently mobilize or commence snow removal services upon reaching the two (2) inch threshold without prior notification and authorization from VHA. VHA may also authorize salting, de-icing, shoveling, or other snow and ice control services for accumulations below two (2) inches when conditions warrant.

Services shall be provided on an as-needed basis. VHA does not guarantee any minimum quantity, frequency, number of snow events, or dollar amount of services.

Award shall be made to the lowest responsive and responsible bidder, subject to the requirements of the solicitation and applicable law.

Authority Locations

Services shall be provided at VHA properties, including:

• D'Orazio Terrace

• Kidston Towers

• Olivio Towers

• Tarkiln Acres

• Asselta Acres

• Parkview

• Melrose Court Homes

• VHA scattered sites

VHA may add or remove locations during the contract term as its property portfolio changes. A detailed site schedule shall be included with the Bid Documents.

Bidders are responsible for inspecting the sites and becoming familiar with site conditions, including parking areas, driveways, sidewalks, entrances, ramps, steps, fire lanes, accessible routes, drainage, and designated snow-storage areas.

Scope of Services

The Contractor shall provide all labor, supervision, equipment, vehicles, fuel, materials, salt, de-icing products, tools, transportation, and safety equipment necessary to perform the work.

Services shall include, as applicable:

• Plowing and removing snow from parking lots, driveways, roadways and other paved areas;

• Clearing sidewalks, walkways, steps, ramps and building entrances;

• Clearing accessible parking spaces and accessible routes;

• Maintaining fire lanes and emergency access;

• Salting and de-icing parking and pedestrian areas;

• Re-treatment of areas affected by continuing snowfall or refreezing;

• Snow relocation to VHA-approved locations; and

• Off-site snow hauling and disposal when specifically authorized by VHA.

Travel, mileage, mobilization, fuel, equipment, labor, and ordinary operating costs shall be included in the Contractor's bid pricing.

Equipment And Materials

The Contractor shall provide sufficient equipment and backup equipment to perform the work without interruption.

Equipment may include, but is not limited to:

• Snowplows;

• Loaders;

• Skid steers;

• Dump trucks;

• Snow blowers;

• Shovels and snow pushers;

• Salt and de-icing spreaders; and

• Other equipment necessary to perform the work.

VHA will not provide equipment, tools, vehicles, storage, fuel, or materials.

Snow And Ice Response

Snow removal services shall be initiated only when snowfall accumulation reaches two (2) inches or more and upon notification and authorization by VHA. The Contractor shall not independently mobilize, commence, or perform snow removal services solely because snowfall has reached the two (2) inch threshold. No services shall be performed unless and until the Contractor has received notification from VHA to proceed.

For snowfall accumulations of less than two (2) inches, the Contractor shall provide salting, de-icing, shoveling, or other snow and ice control services only when directed and authorized by VHA based on hazardous conditions or other site-specific needs.

Upon notification by VHA, the Contractor shall respond in accordance with the requirements of this solicitation and shall continue monitoring conditions during and after a storm. The Contractor shall return or perform additional services only as directed by VHA to maintain safe and passable conditions.

Salting and Ice Control

The Contractor shall treat slippery or hazardous surfaces when caused by snow, ice, freezing precipitation, refreezing, or other winter weather conditions.

De-icing materials shall be applied as reasonably necessary to maintain safe vehicular and pedestrian access.

The Contractor shall use materials in accordance with applicable laws, regulations, manufacturer requirements, and environmental requirements and shall exercise reasonable care to prevent damage to pavement, landscaping, buildings, vehicles, and other property.

Emergency Service

The Contractor shall maintain a 24-hour emergency telephone number.

When VHA identifies an emergency snow or ice condition, the Contractor shall respond within one (1) hour of notification.

Emergency conditions include blocked emergency access, hazardous ice accumulation, blocked building entrances, unsafe accessible routes, or other conditions designated by VHA as requiring immediate attention.

If the Contractor fails to respond within the required period, VHA may obtain emergency services from another source and pursue any remedies available under the contract and applicable law.

Snow Storage and Hauling

Snow shall be placed only in locations designated or approved by VHA.

Snow shall not obstruct:

• Fire lanes;

• Entrances;

• Sidewalks or walkways;

• Accessible parking or routes;

• Driveways;

• Drainage structures;

• Sight lines; or

• Emergency access.

Off-site hauling and disposal shall only be performed when authorized by VHA.

Additional Work

No work outside the established scope or Bid Form pricing shall be performed or billed without prior written authorization from VHA.

The Contractor shall not receive additional compensation for ordinary travel, mileage, mobilization, fuel, labor, equipment, materials, overtime, weekend service, holiday service, or emergency service when those costs are included in the applicable bid item.

Failure To Perform and Disqualification

Failure to provide required services within the specified timeframe or failure to maintain safe and passable conditions shall constitute non-performance.

VHA may require immediate correction and may exercise any remedies available under the contract and applicable law, including obtaining emergency or corrective services from another contractor when necessary.

The Contractor shall be responsible for any additional reasonable costs incurred by VHA as a result of the Contractor's failure to perform, to the extent permitted by the contract and applicable law.

Repeated or material failure to perform may constitute grounds for termination in accordance with the contract.

Failure to meet the minimum qualifications or provide required bid documentation may result in a determination that the bid is non-responsive or that the bidder is non-responsible, as applicable, in accordance with the solicitation and applicable law.

Professional Standards The successful Bidder shall exercise reasonable care, professional judgment, and diligence in the performance of all legal services provided under this Agreement.

The Bidder shall:

1. Perform all services in accordance with applicable federal, state, and local laws, regulations, court rules, ethical requirements, and professional standards governing the practice of law.

2. Maintain confidentiality of all Authority information obtained during the performance of services, except as otherwise required by law.

3. Promptly disclose any actual, potential, or perceived conflicts of interest that may affect the

Bidder’s ability to provide legal services to the Authority.

4. Coordinate with the Authority’s designated representatives regarding assignments, legal strategy, documentation, and status updates.

5. Maintain all required licenses, certifications, and insurance coverage throughout the term of the contract.

Award of Contract Award shall be made to the responsible Bidder(s) whose bid(s) are determined to be most advantageous to the Vineland Housing Authority (VHA), taking into consideration all evaluation criteria established in this solicitation.

Price alone shall not be the sole determining factor for award.

VHA reserves the right to reject any or all bids, negotiate with one or more Bidders, waive minor informalities or irregularities, and make awards in the best interest of the Authority. VHA further reserves the right not to award a contract if deemed necessary.

Period of Contract November 1, 2026 to October 21, 2027

The VHA reserves the right, at its sole discretion, subject to the availability of funding, satisfactory contractor performance, and approval by the Board of Commissioners, to renew the contract for up to two (2) additional one-year terms under the same terms, conditions, specifications, and pricing established in the original contract. The maximum total contract duration, including all renewal options, shall not exceed three (3) years.

Labor Requirements All labor shall comply with applicable federal, state, and local prevailing wage requirements, including Davis- Bacon prevailing wage requirements when applicable to the specific work being performed and the source of funding.

In accordance with Section 10.10 of HUD Procurement Handbook 7460.8 REV 2, where applicable, the Contractor will not be required to submit certified payrolls; however, the Contractor must maintain and make available all payroll records for inspection by the Vineland Housing Authority (VHA) or the U.S. Department of Housing and Urban Development (HUD) upon request.

Failure to comply with applicable payroll record requirements shall be the sole responsibility of the Contractor and may result in penalties, legal costs, back wages, or other remedies as required under applicable federal regulations.

Contractors shall comply with all applicable prevailing wage requirements and HUD Federal Labor Standards provisions when applicable to the work performed. Applicable wage determinations, HUD Federal Labor Standards Provisions, and related HUD-required forms and documents shall be included as attachments to this solicitation, when applicable, and incorporated herein by reference as part of the contract documents.

Contractor Qualifications

The Contractor shall:

1. Have a minimum of three (3) years of verifiable experience providing snow removal, plowing, salting, and ice-control services.

2. Have sufficient personnel, equipment, materials, and supervision to service all assigned VHA properties during a snow or ice event.

3. Maintain a 24-hour, seven-day-per-week emergency contact number.

4. Provide references and other qualifications required by the Bid Documents.

5. Comply with all applicable federal, State, county, and local laws and regulations.

Safety and Property Protection The Contractor shall perform all snow and ice removal services in a manner that protects residents, employees, visitors, motorists, pedestrians, Contractor personnel, and VHA property. The Contractor shall comply with all applicable OSHA requirements and maintain safe working conditions while performing services on VHA property.

All Contractor employees and subcontractors shall use appropriate personal protective equipment (PPE) and safety devices required for the work, including ANSI-compliant reflective safety vests, gloves, eye and hearing protection, and other applicable safety equipment.

Particular care shall be exercised when operating snow and ice removal equipment at occupied residential properties. Contractor personnel shall exercise due care to avoid damage to resident and VHA property.

The Contractor shall be responsible for any damage to VHA property, buildings, grounds, utilities, vehicles, or resident belongings resulting from the Contractor’s operations, employees, subcontractors, or equipment. Any such damage shall be repaired or restored by the Contractor at no additional cost to VHA.

The Contractor shall notify the VHA-designated representative of any damage occurring during the performance of services within twenty-four (24) hours of discovery.

PAYMENT TERMS

1. To receive payment for services performed pursuant to this contract, the contractor shall submit a fully completed invoice to the Vineland Housing Authority (VHA) for work previously performed and approved by the Authority.

2. Payment shall be made upon satisfactory completion of the assigned work and acceptance by the VHA.

Unless otherwise authorized by the VHA, there shall be one (1) payment issued per completed work assignment or service call.

3. At a minimum, each invoice shall include the following information:

a. Invoice number

b. Contractor’s name, address, and telephone number

c. Actual date(s) services were performed

d. Invoice date and/or billing period

e. Work order number

f. Purchase order or Blanket Purchase Order number

g. Description and location of services performed

h. Itemized labor and material costs, if applicable

i. Total amount being billed The Contractor shall maintain a service log for each VHA location.

4. Service logs shall identify, at a minimum:

a. Date of service

b. Site

c. Arrival and departure times

d. Type of service

e. Snow accumulation, when applicable

f. Equipment used

g. Personnel assigned

h. Materials and quantities used

i. Additional visits or treatments

5. Service logs shall accompany invoices in the manner required by the VHA and shall be sufficiently detailed to verify the services performed and charges billed.

6. The VHA reserves the right to reject incomplete or inaccurate invoices until all required information and supporting documentation are provided.

The VHA reserves the right to request additional supporting documentation, including material receipts, supplier invoices, service reports, photographs, service logs, and other records necessary to verify charges.

Questions:

All questions regarding this solicitation shall be submitted in writing through the Housing Agency Marketplace eProcurement website.

Questions must be received no later than 2:30 p.m. on Friday, September 18, 2026.

Site Visit Tuesday, September 15, 2026 at 11:00 am, starting point will be Tarkiln Acres, 191 W. Chestnut Street, Vineland, NJ 08360

Procurement Method This contract shall be awarded through a competitive Invitation for Bids (IFB) process conducted in accordance with the New Jersey Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.), including all applicable provisions governing the procurement of professional services.

This procurement shall also be conducted in compliance with applicable U.S. Department of Housing and Urban Development (HUD) procurement requirements and all applicable Vineland Housing Authority procurement policies and procedures.

Instructions for Delivery of Bid All bids, including fee bids, must be submitted electronically through the Housing Agency Marketplace eProcurement website at ha.internationaleprocurement.com. Proposers shall not include “www” when accessing the website.

Registration on the Housing Agency Marketplace is free of charge.

To access and submit bids, vendors must follow the steps below:

1. Access ha.internationaleprocurement.com (no “www”).

2. Follow the listed directions.

3. If you have any problems accessing or registering on the eProcurement Marketplace, please call customer support at (866) 526-9266.

All submissions shall be completed using blue ink where applicable.

Hard copy submissions will not be accepted.

Bids for “As Needed Supplemental Snow Removal & Ice Control Services” must be received no later than 10:30 A.M. prevailing time on Wednesday, September 30, 2026.

Late submissions will not be accepted.

SECTION 4

TERMS AND CONDITIONS

Vineland Housing Authority General Conditions

The Vineland Housing Authority (hereinafter referred to as VHA).

1. Organization

a. Contractor must be organized under the laws of the State of New Jersey or licensed to do business in the state. The VHA may request a copy of documents evidencing such organization or license prior to the execution of a contract.

b. NJ Business Registration Certificate

i. Effective September 1, 2004, P.L. 2004, C. 57 expands the State Contractor

Business Registration Program to contracting units as defined in the Local Public Contracts Law. This means that all firms (and their subcontractors) competing for VHA Contracts must provide a copy of their valid Business Registration Certificate PRIOR to entering into a contract with the VHA. The failure to provide a copy of the Business Registration Certificate PRIOR to award will result in removal of your bid from consideration. Questions regarding this law shall be directed to the New Jersey Department of Taxation.

2. Cancellation by Contractor

a. Contractor must give a ninety-day (90-day) written notice prior to cancellation of the contract.

3. Board Approval

a. Any contract is subject to cancellation and rejection by the members of the Vineland Housing Authority Board of Commissioners without liability. Therefore, at their next regularly scheduled, properly convened meeting following the date hereof, notwithstanding any contrary statements or representations of any member, officer, or employee of the Vineland Housing Authority, the Board of Commissioners has the power or authority to waive or limit the effect of this paragraph nor the control of the members of the Vineland Housing Authority over the approval of any contract. In the event that the members of the VHA Board of Commissioners cancel or reject this contract at their aforesaid meeting, this contract shall be null and void and of no effect as to the Vineland Housing Authority; and there shall be no liability on the part of the Vineland Housing Authority hereunder.

4. Changes

a. No changes, additions, or deletions shall be made to the contract without prior written consent of the VHA. All amendments must be signed by both parties.

b. Any changes in the Scope of Services agreed to by the parties shall not invalidate the contract, nor shall it release the contractor from any guaranty given by him pursuant to the contract, or release the contractor from any other obligations of the contract. All such work shall be executed under the conditions of the contract for an amount agreed to by the VHA and the contractor.

5. Insurance

a. Contractor shall procure and require its agents, contractors, and subcontractors to procure and maintain, at their own cost and expense, during the entire period of performance/guarantee (including the maintenance/guarantee period or other applicable warranty period) the types of insurance specified below. All insurance shall be procured from reputable insurers authorized to do business in the State of New Jersey. In no event shall work be performed until the required evidence of insurance has been furnished. The insurance shall provide for at least thirty (30) days prior written notice to be given to the VHA in the event coverage is materially changed, canceled, or not renewed. Prior to the inception of work, contractor shall provide to the Executive Director or his designee a Certificate of Insurance evidencing the following coverage’s:

i. Additional Insured Requirement

a. The Vineland Housing Authority is to be named as additional insured on all policies required hereunder except for Workers Compensation and Employers Liability.

ii. Workers Compensation and Employers Liability

a. Workers Compensation – Statutory Limits

b. Employers Liability

i. Bodily Injury by Accident -- $100,000 each accident

ii. Bodily Injury by Disease -- $500,000 policy limit

iii. Bodily Injury by Disease -- $100,000 each employee

iii. General Liability

a. Limit of Liability -- $1,000,000 per occurrence, combined single limit for bodily injury (including death) and property damage liability

b. Coverage

i. Premises operation

ii. Blanket contractual liability

iii. Personal injury liability

iv. Products and completed operations

v. Independent contractors

iv. Automobile Liability

a. The contractor shall provide, at no expense to the VHA, an automobile policy, naming VHA as additionally insured, covering any automobile accidents involving the contractor and its employees for any accident occurring during the term of this contract. The coverage which shall be provided, shall not be less than Five Hundred Thousand ($500,000.00) Dollars per occurrence and not less than One Million ($1,000,000.00) Dollars in the aggregate

6. Equal Opportunity

a. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers’ representative of the contractor’s commitments under this Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

b. In the event of the contractor’s non-compliance with the Equal Opportunity clause of the contract, this contract may be canceled, terminated, or suspended in whole or in part; and the contractor may be declared ineligible for further government contracts.

c. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, and national origin. Such action shall include, but not be limited to, the following:

employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Local Public Agency setting forth the provisions of the nondiscrimination clause.

d. The contractor will, in all solicitations or advertisements for employment placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

e. The contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

7. Substitution of Personnel

a. The contractor shall not replace key personnel assigned to this contract and listed in the bid submitted by the contractor without the prior written consent of the VHA.

8. Records

a. The contractor shall keep adequate records of direct labor costs and other costs of performance of this contract and shall maintain such records for three (3) years after the VHA makes final payments and all other pending matters are closed.

9. Audit

a. Records of the contractor shall be subject to audit by a Certified Public Accounting firm designated by the VHA in the event of termination for convenience or if any payment is based on time or cost of materials.

b. Because funds for this contract are provided by the federal government, contractor agrees to allow the federal agency, which provided funds, the Comptroller General of the United States, the VHA, or any of their duly authorized representatives to have access to any books, documents, papers, and records of the contractor, which are directly pertinent to this contract, for the purpose of making audit, examination, excerpts, and transcriptions.

10. Bankruptcy

a. The VHA may terminate this contract by written notice or telegraphic notice:

a. If the contractor shall become insolvent or make a general assignment for the benefit of creditors; or

b. If a petition under any bankruptcy act or similar statute is filed by or against the contractor and is not vacated within ten (10) days after it is filed.

c. Termination under this clause shall be in accordance with the “Termination of Default” clause.

11. Calendar Dates

a. Time shall be measured in calendar days.

12. Clause Headings

b. The headings contained herein are for ease of reference and shall not limit the scope of intent of the clause.

13. Hold Harmless

c. Contractor shall be considered an independent contractor in respect to the work covered by this Agreement and shall assume all risk and responsibility for casualties of every description in connection with the work, which can be attributed either directly or indirectly to the contractor. Contractor, for itself, its successors, assigns, heirs, executors and administrators, agrees to indemnify, defend and save harmless the VHA, all its officers, and subordinates.

d. From all suits and actions of every nature brought against the VHA or any of them for or on account of any damage or loss sustained by the VHA and does agree to pay any and all such damages including costs of litigation and counsel fees whether defended by the VHA or contractor, and

e. If the contractor is required to enter premises owned, leased, or occupied by or under the control of the VHA during the performance of this contract, the contractor shall indemnify and hold harmless the VHA, its officers, and employees, from any loss, cost, damage, expense, or liability by reason of property damage, or personal injury, including death, of whatsoever nature or kind arising out of or as a result of such performance, whether arising out of actions of the contractor or any of its employees, subcontractors, and lower-tier subcontractors. It is not the intention of this contract to confer third-party beneficiary right or action upon any person whatsoever and nothing herein before or herein after set forth shall be construed so as to confer upon any person other than the VHA a right of action either under this contract or in any manner whatsoever.

14. Taxes, Industrial Laws, and Benefits

a. Contractor shall be acting as an independent contractor. Neither the contractor nor any of the persons furnishing materials or performing work or services, which are required by this contract, are employees of the VHA within meaning of or the application of any federal or state unemployment insurance law, or other social security, or any workmen’s compensation, industrial accident law, or other industrial or labor laws. At its own expense, the contractor shall comply with such law and assume all obligations imposed by any one or more of such laws with respect to this contract. Contractor shall be liable for all federal, state, local taxes, and any special assessments.

15. No Waiver of Conditions

a. Failure of the VHA to insist on strict performance shall not constitute a waiver of any of the provisions of this contract or waiver of any default of the contractor.

16. Severability

a. If any provision of this contract or any application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this contract, which can be given effect without the invalid provision or application and to this and the provisions of this contract are severable.

17. HUD

a. The term “HUD” means the United States of America (acting through the Department of Housing and Urban Development) which, subject to the provision of a contract for financial aid with the VHA, has agreed to purchase certain obligations of the VHA to aid in financing the work to be performed under the contract. However, nothing contained in the contract shall be construed to create any contractual relationship between the contractor and HUD.

18. Subcontractors

a. Any proposed subcontractor shall be disclosed in contractor’s bid. Contractor shall furnish such written information as the VHA may require concerning the proposed subcontractor, together with the proposed subcontractor’s Non-Collusive Affidavit and Affidavit of Non-Default in the form prescribed by the VHA. Any objection shall be expressed in writing by the VHA effective if/when the VHA responds to contractor’s bid.

b. The VHA may, without claim for extra cost by the contractor, disapprove any subcontractor for cause on the basis of its own determination or because the proposed subcontractor is listed as ineligible to receive awards of contracts from the United States on a current list or list furnished by HUD or if the subcontractor is on the ineligible list maintained by the VHA.

c. The contractor shall cause provisions to be inserted in all subcontracts to bind subcontractors to the terms of the HUD Terms and Conditions, VHA General Conditions, and other documents comprising the contract insofar as they are applicable to the work of the subcontractor.

d. Nothing contained in the contract shall create any contractual relation between any subcontractor and the VHA.

19. Withholding for Liquidated Damages

a. The VHA may withhold from any monies due to the contractor or subcontractor such sums as may administratively be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for liquidated damages. The amount to be withheld as liquidated damages is $300 per day.

20. Royalties and Patents

a. The contractor shall pay all royalties and license fees. Contractor shall defend all suits or claims for infringement of any patent, trademark, or copyright, and shall save the VHA from loss on account thereof.

21. Permits and Licenses

a. If any permits, licenses, or other approvals are necessary for the performance of this contract, then the contractor shall obtain all such permits, licenses, or approvals at no extra charge to the VHA.

22. Affirmative Action

a. This contract is subject to compliance with HUD Minority and Women’s Business

Enterprise Opportunity goals. A minimum goal of 20% of the total dollar amount of all prime contracts, and/or materials and supplies purchased, should be awarded to minority business concerns. A minimum goal of 10% of the total dollar amount should be awarded to Women’s Business concerns. These goals are not mandatory set-asides.

23. Work Product

a. All files and work product, finished and unfinished documents, data, studies and reports prepared by the contractor under this contract shall become the property of the VHA when created and shall be given to the VHA when requested by the VHA.

24. Termination of Contract for Cause

a. If, through any cause, the contractor shall fail to fulfill in timely and proper manner, his obligations under this contract, or if the contractor shall violate any of the covenants, agreements, or stipulations of this contract, the Local Public Agency shall thereupon have the right to terminate this contract by giving written notice to the contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the contractor under this contract shall, at the option of the Local Public Agency, become its property; and the contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents.

b. Notwithstanding the above, the contractor shall not be relieved of liability to the Local Public Agency for damages sustained by the Local Public Agency by virtue of any breach of the contract by the contractor; and the Local Public Agency may withhold any payments to the contractor for the purpose of setoff until such time as the exact amount of damages due the Local Public Agency from the contractor is determined.

25. Termination for Convenience of Local Public Agency

a. The Local Public Agency may terminate this contract any time by a notice in writing from the Local Public Agency to the contractor. The VHA reserves the right to terminate this contract at any given time by giving written notice to the contractor of such termination and specifying the effective date thereof, at least thirty (30) days prior to the effective date of such termination. The VHA and contractor may mutually agree to terminate the contract at an earlier time if so desired. If the contract is terminated by the VHA as provided herein, the contractor will be paid for the services actually performed.

26. Anti-Kickback Rules

a. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the “Anti-Kickback Act” of June 13, 1984 (48 Stat. 948, 62 Stat. 740, 63 Stat. 108, Title 18 U.S.C. 874, and Title cable “Anti-Kickback” regulations) and shall insert appropriate provisions in all subcontracts covering work under this contract to insure compliance by subcontractors with such regulations and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof.

27. Withholding of Salaries

a. If, in the performance of this contract, there is any underpayment of salaries by the contractor or by any subcontractor thereunder, the Local Public Agency shall withhold from the contractor out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the Local Public Agency for and on account of the contractor or subcontractor to the respective employees to whom they are due.

28. Claims and Disputes Pertaining to Salary Rates

a. Claims and disputes pertaining to salary rates or to classifications of employees and\or contractors performing work under the contract shall be promptly reported in writing by the contractor to the Local Public Agency for a wage rate decision, which shall be final with respect thereto.

29. Compliance with Local Laws

a. The contractor shall comply with all applicable laws, ordinances, and codes of the state and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this contract.

30. Assignability

a. The contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or notation) without the prior written approval of the Local Public Agency provided, however, that claims for money due to become due the contractor from the Local Public Agency under this contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Local Public Agency.

31. Interest of Members of Local Public Agency

a. No member of the governing body of the Local Public Agency, and no other officer, employee, or agent of the Local Public Agency who exercises any functions or responsibilities in connection with the carrying out of the project to which this contract pertains, shall have any personal interest, direct or indirect, in this contract.

32. Interest of Other Local Public Officials

a. No member of the governing body of the locality in which the project area is situated and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the project to which this contract pertains, shall have any personal interest -- direct or indirect -- in this contract.

33. Interest of Certain Federal Officials

a. No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this contract or to any benefit to arise herefrom.

34. Interest of Contractor

a. The contractor covenants that he presently has no interest and shall not acquire any interest – direct or indirect – in the above-described project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The contractor further covenants that in the performance of this contract, no person having any such interest shall be employed.

35. Findings Confidential

a. The contractor agrees that all of the reports, information, data, etc., prepared or assembled by the contractor shall not be made available to any individual or organization without prior written approval of the Local Public Agency.

36. Discrimination Because of Certain Labor Matters

a. No person employed on the work covered by this contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer.

37. Personnel

a. The contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the Local Public Agency.

b. All the services required hereunder will be performed by the contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services.

c. No person, who is serving a sentence in a penal or correctional institution, shall be employed on work under this contract.

38. Work Product

a. All files and work product, finished and unfinished documents, data, studies and reports prepared by the contractor under this contract shall become the property of the VHA when created and shall be given to the VHA when requested by the VHA.

39. Definition of regular and overtime hours

a. Regular business hours are defined as any hours worked between 8:00 AM and 5:00 PM, Monday through Friday. Overtime hours are defined as any work performed outside of “Regular Business” work hours; which includes weekends and Holidays and shall be paid at 1.5 times the regular rate.

40. Time and Material Work

a. All quotes for work shall include a cost breakdown submitted by the contractor as follows:

a. labor rate b.quantity of hours

c. materials list d.wholesale cost (with evidence of same) and mark up, at applicable contract rates.

b. The VHA reserves the right to add or delete units or service as needed, at contract bid prices.

41. Section 3

a. This contract is subject to the following conditions under Section 3 of the Housing and Urban

Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3).

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, shall to the greatest extent feasible, be directed to low and very low-income persons, 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 the 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 or organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

d. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

e. The contractor will certify that any vacant employment positions, including training positions that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to…