ON DEMAND OVERHEAD GARAGE DOOR SERVICES – PROJECT #22001-1

HOUSING AUTHORITY OF CLACKAMAS COUNTY

P.O BOX 1510, OREGON CITY, OR 97045

OVERHEAD DOOR QUOTE/BID FORM

QUOTE DUE DATE: March 01, 2022 – 2:00pm.

On demand OVERHEAD DOOR SERVICES as needed for HACC residential units and various Administration.

Units are scattered throughout Clackamas County from Estacada to Wilsonville. Bid prices below shall be good for a period of up to 365 days / ONE (1) year.

Bid is to include all material, travel time, labor and permits, as required to perform said work. In submitting this bid, it is understood that the right is reserved by the Housing Authority of Clackamas County to reject any and all bids. No minimum workload is guaranteed by HACC.

Sectional Overhead Door Specifications:

Manufacturer: Wayne Dalton (Or Equal), Thermogard 9600, white raised panel. Galvanized steel sheet metal finish on both inside and outside faces of the door. Insulated Steel Framed Doors with Raised Steel Panels: Face Panels: 1-7/8” thick, 24 gage hot-dipped galvanized steel, both inside and outside faces of the door, ASTM A446, Grade A with

ASTM A525, with 2-coat baked on polyester finish. Door Jamb: Rolled galvanized steel channel with galvanized steel mounting brackets. Door Hardware: Manufacturer’s standard galvanized steel hardware with counterweight, inside mounted spring activated latch bar with interior only lever latch handle (No keyed lock) (locate at one side of door), galvanized steel hinges, and galvanized ball bearing roller brackets. Fixed galvanized steel door handles (2), inside and out bolted together through and through at waist height on side of pull rope. Insulation: Polyurethane rigid insulation. Weather-stripping: Manufacturer’s standard weather-strip package including flexible bottom seal. Steel

Door Finish: Manufacturer’s standard 2-coat baked on polyester finish. No windows. Color: White.

Overhead Doors:

Remove, dispose of and replace16070 overhead door. $ Each $ Panel $ Track

(About 20% of our doors.)

Remove, dispose of and replace 9070 overhead door. $ Each $ Panel $ Track

(About 30% of our doors.)

Remove, dispose of and replace 8070 overhead door. $ Each $ Panel $ Track

(About 50% of our doors.)

Spring Replacement:

16070 Overhead Door $ each

9070 Overhead Door $ each

8070 Overhead Door $ each

Track:

Low Head Room (LHR) $ each

Minimum for Service Calls:

Minimum per hour $ Residential per hour $ Commercial per hour

Minimum per trip $ per trip

P.O BOX 1510, OREGON CITY, OR 97045

Pricing listed above shall be good for a period of (1) one year (365 days) from the issue date on the Notice to

Proceed.

All pricing shall include the removal and disposal of all equipment and materials replaced.

Agreement between vendor and HACC shall be signed and dated by authorized company representative.

Able to complete all services in one trip? Yes____ or No____

Do you have emergency 24 hour service? Yes____ or No____

HACC uses Purchase Orders as the authorizing document to proceed with any scheduled work. DO NOT proceed on any job without a faxed or emailed copy of our numbered Purchase Order. Once approved and submitted to vendor, vendor shall have 7 calendar days for routine work and 48hrs for urgent/emergency work to complete said work.

Any additional work discovered that is not listed on the bid form shall be reported to the contact person listed on the approved PO. Contractor shall not proceed with any type of work until PO has been issued and approved.

Attached to this bid package is a form called Maintenance Wage Rate Determination – Non Routine

Maintenance. These wage rates (Basic Wage plus Fringe Wage) that are applicable to this project shall be paid by the contractor to the employee(s) working only on HACC properties/projects. These wage rates (Basic Wage plus Fringe Wage) shall be included in the pricing above on labor/install type work.

In order to meet HUD’s procurement and wage requirements, HACC has implemented procedures to meet these requirements. These procedures may include one or more of the following: Onsite wage interviews for work performed, submitting HUD certified payroll for work performed, and/or requests to provide/submit paystubs or timecards to show hourly rate paid for work performed. If contractor/vendor has any questions about these wage requirements/procedures please contact HACC prior to bid date and time.

Please reply by 2:00 pm, Tuesday, March 01, 2022. Faxed quotes accepted to (503-650-3168). Late quotes will not be considered.

Office Address:

Attn: Josh Teigen

13900 S. Gain Street

Oregon City, OR 97045

**By signing below your company acknowledges the wage and procurement requirements detailed above.

Company Representative: Date:

Phone #: Fax #:

Email Address: Company Name:

Maintenance Wage Rate Determination

U.S. Department of Housing and Urban Development Office of Labor Relations

Agency Name: LR 2000 Agency ID No: Wage Decision Type:

Routine Maintenance

Nonroutine Maintenance

Effective Date: Expiration Date:

The following wage rate determination is made pursuant to Section 12(a) of the U.S. Housing Act of 1937, as amended, (public housing agencies), or pursuant to Section 104(b) of the Native American Housing Assistance and Self-determination Act of 1996, as amended, (Indian housing agencies). The agency and its contractors may pay to maintenance laborers and mechanics no less than the wage rate(s) indicated for the type of work they actually perform.

HUD Labor Relations Date (Name, Title, Signature)

WORK CLASSIFICATION(S)

HOURLY WAGE RATES

BASIC WAGE FRINGE BENEFIT(S) (if any)

The agency employee benefit program has been determined by HUD to be acceptable for meeting the prevailing fringe benefit requirements.

(HUD Labor Relations: If applicable, check box and initial below.)

LR Staff Initial

FOR HUD USE ONLY

LR2000:

Log in:

Log out:

PREVIOUS EDITION IS OBSOLETE Form HUD-52158 (04/2005)

HUD FORM 52158

c63111 Text Box Item # 2013 form HUD-5369-C (8/93) ref. Handbook 7460.8Previous edition is obsolete page 1 of 2

1. Contingent Fee Representation and Agreement

(a) The bidder/offeror represents and certifies as part of its bid/ offer that, except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror:

(1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and

(2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

(b) If the answer to either (a)(1) or (a) (2) above is affirmative, the bidder/offeror shall make an immediate and full written disclosure to the PHA Contracting Officer.

(c) Any misrepresentation by the bidder/offeror shall give the PHA the right to (1) terminate the resultant contract; (2) at its discretion, to deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or

(3) take other remedy pursuant to the contract.

2. Small, Minority, Women-Owned Business Concern Rep-resentation

The bidder/offeror represents and certifies as part of its bid/ offer that it:

(a) [ ] is, [ ] is not a small business concern. “Small business concern,” as used in this provision, means a concern, includ-ing its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121.

(b) [ ] is, [ ] is not a women-owned small business concern.

“Women-owned,” as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business.

(c) [ ] is, [ ] is not a minority enterprise which, pursuant to Executive Order 11625, is defined as a business which is at least 51 percent owned by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily operations are controlled by one or more such individuals.

For the purpose of this definition, minority group members are:

(Check the block applicable to you)

[ ] Black Americans [ ] Asian Pacific Americans

[ ] Hispanic Americans [ ] Asian Indian Americans

[ ] Native Americans [ ] Hasidic Jewish Americans

3. Certificate of Independent Price Determination

(a) The bidder/offeror certifies that—

(1) The prices in this bid/offer have been arrived at indepen-dently, without, for the purpose of restricting competi-tion, any consultation, communication, or agreement with any other bidder/offeror or competitor relating to (i) those prices, (ii) the intention to submit a bid/offer, or

(iii) the methods or factors used to calculate the prices offered;

(2) The prices in this bid/offer have not been and will not be knowingly disclosed by the bidder/offeror, directly or indirectly, to any other bidder/offeror or competitor be-fore bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the bidder/ offeror to induce any other concern to submit or not to submit a bid/offer for the purpose of restricting competition.

(b) Each signature on the bid/offer is considered to be a certifi-cation by the signatory that the signatory:

(1) Is the person in the bidder/offeror’s organization respon-sible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subpara-graphs (a)(l) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above (insert full name of person(s) in the bidder/offeror’s organization responsible for determining the prices of-fered in this bid or proposal, and the title of his or her position in the bidder/offeror’s organization);

(ii) As an authorized agent, does certify that the princi-pals named in subdivision (b)(2)(i) above have not par-ticipated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above; and

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

Certifications and Representations of Offerors Non-Construction Contract

Public reporting burden for this collection of information is estimated to average 5 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

This form includes clauses required by OMB’s common rule on bidding/offering procedures, implemented by HUD in 24 CFR 85.36, and those requirements set forth in Executive Order 11625 for small, minority, women-owned businesses, and certifications for independent price determination, and conflict of interest.

The form is required for nonconstruction contracts awarded by Housing Agencies (HAs). The form is used by bidders/offerors to certify to the HA's Contracting Officer for contract compliance. If the form were not used, HAs would be unable to enforce their contracts. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.

form HUD-5369-C (8/93) ref. Handbook 7460.8Previous edition is obsolete page 2 of 2

(iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above.

(c) If the bidder/offeror deletes or modifies subparagraph (a)2 above, the bidder/offeror must furnish with its bid/offer a signed statement setting forth in detail the circumstances of the disclosure.

4. Organizational Conflicts of Interest Certification

(a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a proposed contract and a prospective contractor’s organizational, fi-nancial, contractual or other interest are such that:

(i) Award of the contract may result in an unfair competi-tive advantage;

(ii) The Contractor’s objectivity in performing the con-tract work may be impaired; or

(iii) That the Contractor has disclosed all relevant infor-mation and requested the HA to make a determination with respect to this Contract.

(b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclo-sure in writing to the HA which shall include a description of the action which the Contractor has taken or intends to eliminate or neutralize the conflict. The HA may, however, terminate the Contract for the convenience of HA if it would be in the best interest of HA.

(c) In the event the Contractor was aware of an organizational conflict of interest before the award of this Contract and intentionally did not disclose the conflict to the HA, the HA may terminate the Contract for default.

(d) The Contractor shall require a disclosure or representation from subcontractors and consultants who may be in a position to influence the advice or assistance rendered to the HA and shall include any necessary provisions to eliminate or neutralize conflicts of interest in consultant agreements or subcontracts involving performance or work under this Contract.

5. Authorized Negotiators (RFPs only)

The offeror represents that the following persons are authorized to negotiate on its behalf with the PHA in connection with this request for proposals: (list names, titles, and telephone numbers of the authorized negotiators):

6. Conflict of Interest

In the absence of any actual or apparent conflict, the offeror, by submission of a proposal, hereby warrants that to the best of its knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procure-ment, as described in the clause in this solicitation titled “Orga-nizational Conflict of Interest.”

7. Offeror's Signature

The offeror hereby certifies that the information contained in these certifications and representations is accurate, complete, and current.

Signature & Date:

Typed or Printed Name:

Title:

General Conditions for Non-Construction U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations OMB Approval No. 2577-0157 (exp. 11/30/2023)

Contracts Section II – (With Maintenance Work)

Public Reporting Burden for this collection of information is estimated to average one hour per response, including the time for reviewing instructions,s earching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not conduct or sponsor, and an applicant is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Applicability. This form HUD-5370C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:

in the classification under this Contract from the first day on which work is performed in the classification.

2. Withholding of funds

1) Non-construction contracts (without maintenance) greater than $150,000 - use Section I;

2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 905.200) greater than $2,000 but not more than $150,000 - use Section II; and

3) Maintenance contracts (including nonroutine maintenance), greater than $150,000 – use Sections I and II.

The Contracting Officer, upon his/her own action or upon request of HUD, shall withhold or cause to be withheld from the Contractor under this Contract or any other contract subject to HUD-determined wage rates, with the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor the full amount of wages required by this clause. In the event of failure to pay any laborer or mechanic employed under this Contract all or part of the wages required under this Contract, the Contracting Officer or HUD may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance until such violations have ceased. The Public Housing Agency or HUD may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due.

Section II – Labor Standard Provisions for all Maintenance Contracts greater than $2,000

1. Minimum Wages

(a) All maintenance laborers and mechanics employed under this Contract in the operation of the project(s) shall be paid unconditionally and not less often than semi-monthly, and without subsequent deduction (except as otherwise provided by law or regulations), the full amount of wages due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Housing and Urban Development which is attached hereto and made a part hereof. Such laborers and mechanics shall be paid the appropriate wage rate on the wage determination for the classification of work actually performed, without regard to skill. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination, including any additional classifications and wage rates approved by HUD under subparagraph 1(b), shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily

3. Records

(a) The Contractor and each subcontractor shall make and maintain for three (3) years from the completion of the work records containing the following for each laborer and mechanic:

(i) Name, address and Social Security Number;

(ii) Correct work classification or classifications;

(iii) Hourly rate or rates of monetary wages paid;

(iv) Rate or rates of any fringe benefits provided;

(v) Number of daily and weekly hours worked;

(vi) Gross wages earned;

(vii) Any deductions made; and

(viii) Actual wages paid.

seen by the workers.

(b) The Contractor and each subcontractor shall make the records required under paragraph 3(a) available for inspection, copying, or transcription by authorized representatives of HUD or the HA and shall permit such representatives to interview employees during working hours on the job. If the Contractor or any subcontractor fails to make the required records available, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds.

(b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate only when the following criteria have been met:

(1) The work to be performed by the classification required is not performed by a classification in the

4. Apprentices and Traineeswage determination;

(2) The classification is utilized in the area by the industry; and (a) Apprentices and trainees will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in:

(i)

(3) The proposed wage rate bears a reasonable relationship to the wage rates contained in the wage determination.

A bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration (ETA), Office of

(ii) The wage rate determined pursuant to this paragraph shall be paid to all workers performing work

Section II - Page 1 of 3 form HUD-5370-C (1/2014)

Apprenticeship Training, Employer and Labor Services (OATELS), or with a state apprenticeship agency recognized by OATELS, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by OATELS or a state apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice; A trainee program which has received prior approval, evidenced by formal certification by the

(ii) forth those findings that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The request shall be directed to the appropriate HA or HUD official in accordance with instructions contained in the notice of findings or, if the notice does not specify to whom a request should be made, to the Regional Labor Relations Officer (HUD). The HA or HUD official shall, within 60 days (unless otherwise indicated in the notice of findings) after receipt of a timely request for reconsideration, issue a written decision on the findings of violation.

The written decision on reconsideration shall contain instructions that any appeal of the decision shall be addressed to the Regional Labor Relations Officer by letter postmarked within 30 calendar days after the date of the decision. In the event that the Regional Labor Relations Officer was the deciding official on reconsideration, the appeal shall be directed to the Director, Office of Labor Relations (HUD). Any appeal must set forth the aspects of the decision that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The Regional Labor Relations Officer shall, within 60 days (unless otherwise indicated in the decision on reconsideration) after receipt of a timely appeal, issue a written decision on the findings. A decision of the Regional Labor Relations Officer may be appealed to the Director, Office of Labor Relations, by letter postmarked within 30 days of the Regional Labor Relations Officer’s decision. Any appeal to the Director must set forth the aspects of the prior decision(s) that are in dispute and the reasons. The decision of the Director, Office of Labor Relations, shall be

(ii)

U.S. Department of Labor, ETA; or

(iii) A training/trainee program that has received prior approval by HUD.

(b) Each apprentice or trainee must be paid at not less than the rate specified in the registered or approved program for the apprentice’s/trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices and trainees shall be paid fringe benefits in accordance with the provisions of the registered or approved program. If the program does not specify fringe benefits, apprentices/trainees must be paid the full amount of fringe benefits listed on the wage determination for the applicable (iii) classification.

(c) The allowable ratio of apprentices or trainees to journeyman on the job site in any craft classification shall not be greater than the ratio permitted to the employer as to the entire work force under the approved program.

(d) Any worker employed at an apprentice or trainee wage rate who is not registered in an approved program, and any apprentice or trainee performing work on the job site in excess of the ratio permitted under the approved program, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. final.

(e) In the event OATELS, a state apprenticeship agency (b) Disputes arising out of the labor standards provisions of recognized by OATELS or ETA, or HUD, withdraws approval of an apprenticeship or trainee program, the employer will no longer be permitted to utilize apprentices/trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

paragraph 6 shall not be subject to paragraph 5(a) of this form HUD-5370C. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this paragraph 5(b) include disputes between the Contractor (or any of its subcontractors) and the HA, HUD, the U.S. Department of Labor, or the employees or their representatives. 5. Disputes concerning labor standards

(a) Disputes arising out of the labor standards provisions 6. Contract Work Hours and Safety Standards Act contained in Section II of this form HUD-5370-C, other than those in Paragraph 6, shall be subject to the following procedures. Disputes within the meaning of this paragraph include disputes between the Contractor (or any of its subcontractors) and the HA, or HUD, or the employees or their representatives, concerning payment of prevailing wage rates or proper classification. The procedures in this section may be initiated upon HUD’s own motion, upon referral of the HA, or upon request of the Contractor or

The provisions of this paragraph 6 are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” includes watchmen and guards.

(a) Overtime requirements. No Contractor or subcontractor subcontractor(s).

contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of

(i) A Contractor and/or subcontractor or other interested party desiring reconsideration of findings of violation by the HA or HUD relating to the payment of straight-time prevailing wages or classification of work shall request such reconsideration by letter postmarked within 30 calendar days of the date of notice of findings issued by the HA or HUD. The request shall set

40 hours in such workweek.

(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in paragraph 6(a), the Contractor and any

Section II - Page 2 of 3 form HUD-5370-C (1/2014) subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to the District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provisions set forth in paragraph (a) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in paragraph (a) of this clause.

(c) Withholding for unpaid wages and liquidated damages.

HUD or its designee shall upon its own action or upon written request of an authorized representative of the U.S.

Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph (b) of this clause.

7. Subcontracts

The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this Section II and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the provisions contained in these clauses.

8. Non-Federal Prevailing Wage Rates

Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under state law to be prevailing, with respect to any employee in any trade or position employed under the Contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position.

Section II - Page 3 of 3 form HUD-5370-C (1/2014)

P.O BOX 1510, 13900 S. GAIN STREET, OREGON CITY, OR 97045

SPECIAL CONDITIONS PAGE #1 OF 4

SPECIAL CONDITIONS

1.1 COMMUNICATIONS

A. All bids, notices, demands, requests, instructions, approvals, proposals, and claims must be in writing. Oral explanations or instructions will not be binding. Only written addenda are binding.

Any addenda resulting from these requests will be mailed to all listed holders of the Bid

Document no later than four (4) days prior to the bid opening. The Bidder shall acknowledge the receipt of all addenda.

B. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office of the Contractor stated on the signature page of the Contract or at such other office as

Contractor may from time to time designate in writing to the Housing Authority of Clackamas

County (PHA) or deposited in the United States mail in a sealed, postage-prepaid envelope, or if delivered with charges prepaid to any telegraph company for transmission, in each case addressed to such office.

C. All papers required to be delivered to the PHA shall, unless otherwise specified in writing to the

Contractor, be delivered to the Housing Authority of Clackamas County, P.O. Box 1510, Oregon

City, Oregon 97045 and any notice to or demand upon the PHA shall be sufficiently given if so delivered, or deposited in the United States mail in a sealed, postage prepaid envelope, or delivered with charges prepaid to any telegraph company for transmission to said Capital

Improvement Coordinator at such address, or to such other representative of the PHA or to such other address as the PHA may subsequently specify in writing to the Contractor for such purpose.

D. Any such notice shall be deemed to have been given as of the time of actual delivery; or, in the case of mailing, when the same should have been received in due course of post; or, in the case of telegrams, at the time of actual receipt.

1.2 REQUIRED CERTIFICATIONS

A. All contractors/subcontractors working on this project shall be licensed per ORS

468A.720.

B. No bid for a construction contract shall be received or considered by the PHA unless the bidder is licensed by the Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530.

C. Copies of all certifications above are to be included with bid. Failure to submit the above required information could render the bid Non-Responsive.

1.3 INDEMNIFICATION / INSURANCE REQUIREMENTS (In addition to the requirements found in the General Conditions)

A. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. With respect to General Liability and Pollution, Environmental Impairment and

Lead Pollution Liability, coverage shall be maintained for a minimum of five (5) years after contract completion.

B. Minimum Scope of Insurance

Coverage shall be at least as broad as:

SPECIAL CONDITIONS PAGE #2 OF 4

1. Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Forms CG

20 10 & CG 20 37 or Form CG 32 61 10 05 or Form CG 85 22 07 04).

2. ISO Form No. CA 00 01 06 92, covering Automobile Liability, Code 1 (any auto).

3. Worker’s Compensation insurance as required by State law and Employer’s Liability insurance.

C. Minimum Limits of Insurance

Contractor shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability (Workers Compensation): $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, $1,000,000 each employee bodily injury by disease.

D. Deductible and Self Insured Retentions:

Any deductibles or self-insured retentions must be declared to and approved by the Housing

Authority of Clackamas County (PHA). If possible, the Insurer shall reduce or eliminate such deductibles or self insured retentions as respects PHA, its officers, officials, employees and volunteers; or the Contractor shall provide evidence satisfactory to the Authority guaranteeing payment of losses and related investigations, claim administration and defense expenses.

E. Other Insurance Provisions:

1. The general liability and automobile liability are to contain, or be endorsed to contain, the following provisions:

a. The Housing Authority of Clackamas County (PHA), its officers, officials, employees and volunteers are to be covered as additional insureds in regard to the general liability coverage. Coverage is primary and non contributory and completed operations. With respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operation. General Liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

b. Insurance Services Office (ISO) Properties Inc. Commercial General Liability endorsement

Forms CG 20 10 and CG 20 37 or Form CG 32 61 10 05 or Form CG 85 22 07 04 titled

“Additional Insured – Owners, Lessees or Contractors – Completed Operations” are required or their equivalent for maximum coverage. These two endorsements must be submitted with each certificate of insurance submitted.

c. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects PHA, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by PHA, its officers, officials, employees, agents or volunteers shall be excess of the Contractor’ insurance and shall not contribute with it.

d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially changed, except after sixty (60) days prior written notice by certified mail, return receipt request, has been given to PHA.

e. Maintenance of the proper insurance for the duration of the contract is a material element of the contract. Material changes in the required coverage or cancellation of the coverage shall constitute a material breach of the contract.

f. Course of construction policies shall contain the following provisions:

SPECIAL CONDITIONS PAGE #3 OF 4

1) PHA shall be named as loss payee.

2) The insurer shall waive all rights of subrogation against the Authority, it officers, officials, employees and volunteers.

F. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than B+: VI.

G. Verification of Coverage: Contractor shall furnish PHA with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsement should be on forms provided by PHA or on other than PHA’s forms, provided those endorsements conform fully to the requirements. All endorsements are to be received and approved by PHA before work commences in sufficient time to permit contractor to remedy any deficiencies. PHA reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

H. Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor in a manner and in such time as to permit PHA to approve them before subcontractors’ work begins. All coverages for subcontractors shall be subject to all of the requirements stated herein.

1.3 MINIMUM RATES OF PAY

A. A schedule of the minimum rates of pay applicable to this contract is attached,Wage Decision.

B. Additional Wage Classifications: Should additional wage classifications be necessary the

Contractor should prepare and submit a request for additional classifications to HACC. HACC will prepare the request for additional classifications only after the contract has been executed.

1.5 RECORDKEEPING REQUIREMENTS

A. PHAs, tribes, TDHEs, and any other employers (e.g., contractors, subcontractors) engaged on work subject to HUD-determined wage rates must make and maintain for 3 years from the completion of the work records containing information demonstrating compliance with the prevailing wage rates determined (or adopted) by HUD and applicable to the work. 3 These records must at a minimum contain for each laborer and mechanic employed:

1) His or her name, address and social security number;

2) Correct work classification or classifications;

3) Hourly rate or rates of monetary wages paid;

4) Rate or rates of any fringe benefits provided;

5) Number of daily and weekly hours worked;

6) Gross wages earned;

7) Any deductions taken; and

8) Actual wages paid.

Such records shall be made available for inspection or transcription by authorized representatives of the PHA, tribe, TDHE and/or HUD.

1.6 PAYROLL DEDUCTIONS AND FREQUENCY OF WAGE PAYMENTS

A. Employers (PHAs, tribes, TDHEs, contractors and/or subcontractors) must pay to each employee subject to HUD-determined wage requirements the full amount of wages due free and clear and without subsequent deduction (except as otherwise provided by law or regulations). These payments must be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period may not be of any duration longer than semi-monthly.

SPECIAL CONDITIONS PAGE #4 OF 4

1.7 SUBCONTRACTOR DISCLOSURE

A. Within two working hours after the date and time of the deadline when the bids are due to the PHA a bidder shall submit to the PHA a disclosure of the first-tier subcontractors, on the form provided, that:

(1) will be furnishing labor or will be furnishing labor and materials in connection with the public improvement; and

(2) will have a contract value that is equal to or greater than five percent of the total project bid or $15,000, which ever is greater, or $350,000 regardless of the percentage of the total project bid.

B. The disclosure of first-tier subcontractors shall include:

(1) The name of each subcontractor; and

(2) The category of work that each subcontractor will be performing, and

(3) The dollar value of each subcontract

C. The PHA shall consider the bid of any contractor that does not submit a subcontractor disclosure

(the form MUST submitted even if there are to be no subcontractors and the word “NONE” entered on the first line of the First-Tier Subcontractor Disclosure Form) to the PHA to be a nonresponsive bid and may not award the contract to the contractor. A PHA is not required to determine the accuracy or the completeness of the subcontractor disclosure. (ORS 279 contracts over $100,000)

1.8 REGULATIONS AND COMPLIANCE

A. If this solicitation is for public work subject to ORS 279C.800 to 279C.870 or the Davis-Bacon

Act (40 U.S.C. 276a), no bid will be received or considered by PHA unless the bid contains a statement by the bidder as a part of its bid that the provisions of ORS 279.350 or 40 U.S.C. 276a are to be complied with.

B. The Contractor agrees to have a public works bond filed with the Construction Contractors

Board before starting any work on the project per ORS 279C.836.

C. The Contractor agrees that every subcontract shall include a provision requiring all subcontractors to have a public works bond filed with the Construction Contractors Board before starting any work on the project.

1.9 LIENS

A. The contractor is prohibited from placing a lien on PHA’s property. This prohibition shall apply to all subcontractors.

FORM OF CONTRACT

PROJECT #22001-1

Contract # xxx-xx

THIS CONTRACT, effective upon signature of both parties, is made by and between (Contractor), a business entity authorized to do business in the State of Oregon, hereinafter called the "Contractor," and the Housing Authority of Clackamas County hereinafter call the

"PHA."

WITNESSETH, that the Contractor and the PHA for the consideration stated herein mutually agreed as follows:

ARTICLE 1. Statement of Work. The Contractor shall furnish all labor, material, equipment and services, and perform and complete all work (“Work”) described in the Contract Documents, defined below, or reasonably inferred therefrom, as required for completion of the ON DEMAND OVERHEAD GARAGE DOOR SERVICES, a HUD determined wage project, #22001-1. Work shall be performed in strict accordance with this Contract and all Contract Documents, defined below, including the Scope of Work, HUD General Conditions, and any Addenda.

This Contract is on an “on-call” or “as-needed basis” for Work.

When the PHA wishes Contractor to perform the Work, PHA will submit a written task order detailing the particular scope of Work and the total compensation, pursuant to the rates set forth in this Contract. Contractor may not perform Work until PHA has issued the written task order.

No written task order shall modify or amend the terms and conditions of this Contract.

ARTICLE 2. The Contract Price. The PHA shall pay the Contractor for the performance of the Contract, in current funds, subject to additions and deductions as provided in the Scope of Work, a sum not to exceed forty thousand dollars and zero cents. ($40,000.00).

ARTICLE 3. Contract Dates. The following critical dates are hereby set for the ON DEMAND OVERHEAD GARAGE DOOR SERVICES. Time is of the essence.

A. START DATE: March 01, 2022

B. SUBSTANTIAL COMPLETION DATE: N/A

C. FINAL COMPLETION DATE: March 01, 2023

ARTICLE 4. Contract Documents. The Contract shall consist of the following component parts:

a. This Agreement

b. Bid Documents

c. HUD General Conditions

d. Addendum(s), if any

e. Special Conditions

f. Scope of Work

This instrument, together with the other documents enumerated in this Article 4, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, form the Contract. In the event that any provision in any component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated in this Article 4 shall govern, except as otherwise specifically stated. The various provisions in Addenda shall be construed in the order of preference of the component part of the Contract which each modifies.

ARTICLE 5. Responsibility for Damages/Indemnity. Contractor shall be responsible for all damage to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by, or result from, the carrying out of the Work to be done under the Contract, or from any act, omission or neglect of the Contractor, its subcontractors, employees, guests, visitors, invitees and agents.

To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel approved by PHA) and hold harmless the PHA and its elected officials, officers, directors, agents, and employees (collectively "Indemnitees") from and against all liabilities, damages, losses, claims, expenses, demands and actions of any nature whatsoever which arise out of, result from or are related to: (a) any damage, injury, loss, expense, inconvenience or delay described in this Article 5; (b) any accident or occurrence which happens or is alleged to have happened in or about the project site or any place where the Work is being performed, or in the vicinity of either, at any time prior to the time the Work is fully completed in all respects; (c) any failure of the Contractor to observe or perform any duty or obligation under the Contract Documents which is to be observed or performed by the Contractor, or any breach of any agreement, representation or warranty of the Contractor contained in the Contract Documents or in any subcontract; (d) the negligent acts or omissions of the Contractor, a subcontractor or anyone directly or indirectly employed by them or any one of them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder (except to the extent otherwise void under ORS 30.140); and (e) any lien filed upon the project or bond claim in connection with the Work. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article 5.

In claims against any person or entity indemnified under this Article 5 by an employee of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Article 5 shall not be limited on amount or type of damages, compensation or benefits payable by or for the Contractor or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts.

ARTICLE 6. No person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as described in ORS 279C.100, the employee shall be paid at least time and a half pay for (1) all overtime in excess of eight hours in any one day or 40 hours in any one week if the work week is five consecutive days, Monday through Friday or (2) all overtime in excess of 10 hours in any one day or 40 hours in any one week if the work week is four consecutive days, Monday through Friday; and all work the employee performs on Saturday and on any legal holiday specified in ORS 279C.540. All subject employers working under this contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. Contractor shall comply with the prohibition set forth in ORS 652.220, compliance of which is a material element of the Contract and a failure to comply is a breach entitling PHA to terminate the Contract for cause.

ARTICLE 7. Under the provisions of ORS 279C.515, if the Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with this contract as the claim becomes due, the proper officer representing the PHA may pay such claim to the person furnishing the labor or services and charge the amount of the payment against the funds due or to become due the Contractor by reason of the contract.

If the Contractor or a first-tier subcontractor fails, neglects or refuses to pay a person that provides labor or materials in connection with the public improvement contract within 30 days after receiving payment from the contracting agency or a contractor, the Contractor or first-tier subcontractor owes the person the amount due plus interest charges that begin at the end of the 10-day period within which payment is due under ORS 279C.580 (4) and that end upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest on the amount due is nine percent per annum. The amount of interest may not be waived.

If the Contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580.

ARTICLE 8. The Contractor agrees to pay daily, weekly, weekend and holiday overtime as required by ORS 279C.520.

ARTICLE 9. The Contractor agrees that all employees/workers working on this project, whether employed by the Contractor or any subcontractor, shall be given written notice of the number of hours per day and days per week they may be required to work.

ARTICLE 10. The Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention,…