Weatherization RFP WX-GC2023 _.pdf

RFP WX-GC2023

Marion & Polk Counties

OREGON

REQUEST FOR QUALIFICATIONS

RFP # WX-GC2023

For the Weatherization Assistance Program

Table of Contents

PART I: GENERAL INFORMATION

INVITATION TO APPLY………………………………………………………………………………………..3

BACKGROUND………………………………………………………………………………………

INSTRUCTIONS TO APPLICANTS…………………………………………………………………………..5

PROPOSAL REQUIREMENTS………………………………………………………………

RFP SCHEDULE DATES ........................................................................................................…

PART II: EXHIBITS

EXHIBIT 1: SAMPLE CONTRACT DOCUMENT…………………………………………......……………10

EXHIBIT 2: STATEMENT OF WORK………………………………………………………………………..17

EXHIBIT 3: DAVIS BACON ACT REQUIREMENTS……………………………………………………

EXHIBIT 4: WORKERS COMPENSATION EXEMPTION CERTIFICATED…………………………….20

PART III: PROPOSAL DOCUMENTS

APPLICATION SUBMITTAL REQUIREMENTS CHECKLIST………………………………………...21

PROPOSAL AGREEMENT………………………………………………………………………………..22

CONTRACTOR INFORMATION……...…………………………………………………………………. 23

DRUG FREE WORKPLACE CERTIFICATION………………………………………………………….26

INVITATION TO APPLY

WX-GC2023

Mid-Willamette Valley Community Action Agency Inc. (MWVCAA) invites experienced, licensed, bonded and properly insured general contractors to support the Weatherization Assistance Program in providing weatherization work to income-eligible households in Marion and Polk Counties, on an

“as needed” basis. The Contractor(s) that demonstrate qualification and achieve the highest numerical score according to the rating criteria contained in this RFP will be considered a qualified contractor and will be eligible for a contract to provide specialty services as outlined and required by the Weatherization Program. Minority contractors and women's business enterprises are encouraged to respond.

The basis for this contract will be an itemized list of standardized weatherization measures and per unit prices. These prices have been derived from historical data from both MWVCAA and other similar regional Weatherization Assistance programs. MWVCAA maintains the right to make changes to the unit prices in response to regulatory or market changes. As feasible, contractors will be required to take all issued jobs and work in all regions of Marion and Polk Counties. Both contractors and MWVCAA have the right to cancel the contract with a 30-day notice. With cancellation, contractors will still be required to complete all jobs they have started work on. Interested new contractors need to respond with this application and include a portfolio of their business model and practices.

All proposals submitted shall be evaluated in accordance with MWVCAA criteria listed in below.

Proposals must meet all the mandatory criteria in order to be considered. Proposals that are incomplete or contain significant inconsistencies or inaccuracies may be rejected by MWVCAA without further discussion.

The Agency will select Contractor(s) based on the following factors (Note: The order stated below is for convenience and is not necessarily a representation of their relative importance):

Previous MWVCAA program history Experience and training.

Capacity to Meet Production Levels

References

Preference for women and minority-owned businesses

Qualified proposals will be evaluated by a panel of individuals made up of MWVCAA Weatherization and non-weatherization staff members. MWVCAA will award the contract to responsible contractor(s) possessing the ability to perform successfully under the terms and conditions of this procurement.

Contractors will be notified of award and pending successful contract signing.

Upon award of contract and for the duration of the contract, Contractors will be required to provide insurance certificates as stated in within packet. No application will be considered unless the applicant is registered with the CCB of Oregon. All applicants are required to comply with applicable provisions of ORS 279 B. MWVCAA may reject any application not in compliance with all prescribed public request for qualification procedures and requirements, and may, for good cause, reject any or all applicants upon a finding of the Agency that it is in the public interest to do so.

BACKGROUND

Mid-Willamette Valley Community Action Agency (MWVCAA) in a non-profit organization that operates and administers a weatherization (WX) program within the boundaries of Marion and Polk Counties. The program is funded by the U.S. Department of Energy’s (DOE) Weatherization Assistance Program (WAP), other public utility funds and independent grants.

The Program prioritizes services to the elderly, people with disabilities, and families with children under the age of 18. MWVCAA’s professionally trained weatherization staff utilize computerized energy audits and advanced diagnostic equipment to determine the most cost-effective measures appropriate for each home.

The program provides professional weatherization for stick-built and manufactured homes through the services of weatherization specific contracting firms. Each weatherization project includes one or more measures to improve the energy and thermal efficiency of the home and/or enhance the health and safety of the home’s occupants. Typical measures may include installation of wall, ducts, floor and attic insulation, sealing ducts, mitigating air infiltration; reducing electric base load consumption; installing or replacing ventilation systems, replacing windows, installing EPDM roofs, tuning/ repairing or replacing heating systems, and other improvements. Work under this RFP and contract is exclusive to the contractor’s specific specialty

The Weatherization Assistance Program purpose:

To reduce structural heat loss and reduce energy consumption by installing weatherization measures and related repairs which improve the thermal efficiency of the dwelling unit.

To provide for the health and safety of the client.

To educate clients on health and safety measures

Agency Staff will determine which measures will be most efficient and cost effective. MWVCAA will write a detailed work order which will include the cost breakdown for each house to be released to the selected contractor. All work must comply with OECA, and OHCS specifications. These specifications are available at AP (oregon.gov) Interested applicants are encouraged to examine these specifications prior to submitting a proposal.

https://www.oregon.gov/ohcs/energy-weatherization/Documents/OR-WAP-Field-Guide-FINAL-04-2021-Reformatted-for-Distribution.pdf

BIDS SUBMITTED BY FAX WILL NOT BE ACCEPTED

INSTRUCTIONS TO APPLICANTS

Notice is hereby given that proposals will be received at the Offices of MWVCAA Weatherization Assistance Program, 2551 Pringle Rd SE, Salem, OR 97302, until 5:00 PM PST, Monday April 24, Any proposals received which are incomplete or not in proper form shall not be considered.

A copy of the Request for Proposal (RFP) #WX-GC2023 may be obtained at MWVCAA’s Weatherization Office located at 2551 Pringle Rd SE, Salem, OR. 97302 or Call (503) 315-7055 to request an electronic copy of the RFP.

All inquiries concerning this Request for Proposal (RFP) should be emailed to Nency Ibarra at weatherization@mwvcaa.org

ALL PROPOSALS SHALL BE MAILED OR HAND DELIVERED AND ADDRESSED AS FOLLOWS:

RFP No. WX-GC2023 Attn: Hector Guzman, Program Director

MWVCAA- Weatherization Program 2551 Pringle Rd SE

Salem OR 97302

BIDS WILL NOT BE ACCEPTED THEREAFTER. ALL PROPOSALS RECEIVED AFTER SAID

TIME AND DATE WILL BE RETURNED UNOPENED TO THE CONTRACTOR.

mailto:weatherization@mwvcaa.org

PROPOSAL REQUIREMENTS

FORMS

Contractors must submit their proposals on forms included in this Request or otherwise furnished by MWVCAA. All required forms are located in Section 3, Proposal Documents of this

RFP.

PERIOD OF PERFORMANCE

A contract awarded as a result of this RFP will be an initial 2-years with one 2-year extension, contingent upon contractor(s) performance, program compliance, continued program funding, and MWVCAA’s approval. Payments will be made per Exhibit 2 Statement of Work, which can be reviewed in Section 2 of this RFP. MWVCAA makes no promise or guarantee of the actual or approximate amount that will be paid under any Weatherization Contract that it awards to a Contractor it selects pursuant to this RFP.

INTEGRITY OF PROPOSALS

By signing a proposal(s), an Offeror affirms that s/he has not given any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a MWVCAA member in connection with the submitted proposals. Failure to sign the proposal or signing it with a false statement shall void the submitted proposal or any resulting agreements and the Offeror shall be removed from all supplier/contractor lists.

PROPOSAL APPLICABILITY

Offeror must substantially conform to the terms, conditions, specifications and other requirements found with the text of the Specifications and Price Sheets. All previous agreements or other documents which have been executed between the Offeror and MWVCAA are not applicable to this Request for Proposal or any resultant agreement.

COST FOR PREPARATION OF PROPOSALS FOR RFP #WX-GC2023

No payments shall be made to cover costs incurred by any offeror in the preparation or submission of the RFP nor any other associated costs.

CONFLICT OF INTEREST

All proposals submitted must contain a statement disclosing or denying any interest, financial or otherwise, that any employee or official of Mid-Willamette Valley Community Action Agency or the appropriate Advisory Board may have in the proposing agency or proposed project.

ELIGIBLE CONTRACTORS

Contractors must be licensed, bonded and properly insured to perform weatherization work on residential housing units throughout Marion and Polk Counties. Contractors who are debarred, suspended or otherwise excluded from or ineligible for participation in Federal assistance programs or activities shall be ineligible for work under this contract.

CONTRACTORS CONFERENCE

Attendance to the Contractors Conference on Thursday, April 13, 2023 is required for this solicitation. Meeting in person is required by Company Owner or a designated representative.

Remote attendance will not be available for this conference. Price Sheets will be distributed during conference.

AWARD OF CONTRACT: REJECTION OF PROPOSALS

The Agency reserves the right to reject any and all applications and to waive any informality in bids received whenever such rejection or waiver is in the best interest of the public and Agency.

The Agency is prohibited from making any awards to contractors or accepting as subcontractors any individuals or firms which are on lists of contractors that are ineligible (debarred) to receive awards from the United States government.

The Agency also reserves the right to reject the application of any contractor who has previously failed to perform properly or to complete contracts of a similar nature; who is not in a position to perform the contract; or who has habitually and without just cause, neglected the payment of bills or otherwise disregarded their obligations to subcontractors, material suppliers or employees.

EXECUTION OF CONTRACT

Subsequent to the award(s) and within ten (10) days after the contract forms are presented for signature, the successful bidder(s) shall execute and deliver to the Agency a contract in the form furnished (see “sample” contract) in such number of counterparts as the Agency may require.

The failure of the successful bidder(s) to execute the contract(s) within ten (10) days after the Agency presents the contract for signature, shall constitute a default. Upon declaring a default, the Agency may either award the contract to the next responsible applicant or re-advertise the RFQ.

INSURANCE REQUIREMENTS

The Contractor and each of the subcontractors shall deliver to the Agency, together with the executed contract, Certificate(s) of Insurance showing that the following insurance is in force and will cover all operations under the contract:

[1] Workers' Compensation, in accordance with State law.

[2] Automobile liability for owned and non-owned motor vehicles used on the site or in connections therewith for a combined single limit for bodily injury and property damage of not less than $500,000 per occurrence.

[3] Commercial General Liability and Professional Liability: the minimum limit of liability shall be $1,000,000 per occurrence written with a combined single limit for bodily injury and property damage. A deductible, if any, may not exceed $5,000 per occurrence.

[4] Performance Bond of no less than $20,000.

NOTE: Agency shall be named in Insurance Certificate as additional insured for all described insurance. Contractor shall submit the “additional insured endorsement” along with the certificate for general liability. Endorsement shall name the Agency for this project as: MWVCAA

– Weatherization Program 2551 Pringle Rd SE Salem Or. 97302

Should insurance be canceled or reduced prior to final acceptance and should any insurance bearing on adequacy of performance be reduced prior to end of guarantee periods, and if Contractor fails to immediately procure such insurance as specified, Agency reserves the right to procure such insurance and to charge the cost thereof to the Contractor. Insurance shall not be canceled unless Agency is notified in writing thirty (30) days prior.

LEAD RENOVATOR FIRM CERTIFICATE

Prior to commencement of work, Contractor and weatherization crew members must provide Agency with copies of their Lead Renovator and Firm certificates. It is the Contractor’s responsibility to ensure that all of their employees who work on Agency jobs are knowledgeable in lead safe work practices. Furthermore, contractors are required to have at least one certified lead renovator on staff who oversees each job site where the structure was constructed prior to 1978.

Additionally, it is the Contractor’s responsibility to distribute the EPA Lead Safety pamphlet, Renovate Right, to each family being served under this program with a potential lead paint risk (residences built prior to 1978). Agency auditors will help identify such risks by stating that lead safe work must be used on their written work order narrative providing date of construction information when possible. No final invoices will be paid without the required LLRP documentation and photographs of site specific LLRP practices. Contractors who are not performing up to the LLRP Practices and required documentation may be required to have onsite inspections by MWVCAA for the purposes of training. Contractors who persist in not following the required lead safe processes will no longer be issued work orders.

The EPA website is an invaluable tool for obtaining information. The gateway website is:

http://epa.gov/lead/index.ht http://epa.go/

RFP SCHEDULE DATES

The following are the key dates in the schedule for this procurement:

Request for Proposal (RFP) Released: March 30, 2023

Contractors Conference at CAA’s weatherization office: April 13, 2023 A contractor Conference will be held at CAA Weatherization office located at:

2551 Pringle Rd SE, Salem, OR 97302 at 12:00 pm, April 13, 2023.

Interested contractors are required to attend the contractors Conference, in person. All questions will be answered to the best of MWVCAA staff abilities at the conference.

Price Sheets will be distributed during conference.

All Proposals are due: April 24, 2023

Label the sealed submitted proposal: “Weatherization RFP #WX-GC2023” and address as follows:

MWVCAA

Weatherization Assistance Program

C/O Hector Guzman 2551 Pringle Rd SE

Salem Or. 97302

Proposals shall be accepted until 5:00 pm on April 24, 2023. Proposals shall be accepted in person, by courier service, or the US Mail. Faxed or emailed proposals shall not be considered. It is the sole responsibility of prospective bidders to take notice of the date and time that proposals are due and to ensure their submittals are received by the deadline. Late proposals shall not be accepted.

Award Notification: April 27. 2023

MWVCAA reserves the right to proceed under a modified version of this schedule.

Oversight Oversight of the RFP #WX-GC2023 process and resulting Contract will be exercised by MWVCAA Weatherization’s Program Director. This person currently is Hector Guzman

EXIHIBIT 1: SAMPLE CONTRACT DOCUMENT

The following documents in this section are for RFP purposes only and do not represent a binding agreement of any kind. Should an offeror’s proposal be accepted, a final signed version of these documents will make up the contract agreement. MWVCAA reserves the right to add, amend or omit any portion of the Standard Terms and Conditions and/or the corresponding Exhibits or Attachments that make up the entire contract document.

STANDARD TERMS AND CONDITIONS

1. Time is of the Essence Time is of the essence in the performance of this Contract.

2. Assignment and Subcontracts

Contractor shall not assign or transfer any of its interest in this Contract, without the prior written consent of MWVCAA. Brokering of this contract to another Contractor will not be permitted.

Contractor shall contact MWVCAA prior to negotiating any subcontracts and shall obtain approval from MWVCAA before entering into any subcontracts for goods or services to be provided under this Contract. MWVCAA reserves the right to reasonably reject any subcontractor or supplier and no increase in the Contractor's compensation shall result thereby. All subcontracts for work under this Contract shall be in writing and shall require compliance with the terms and conditions of this agreement.

3. Termination/Restriction Provisions

a. Termination - Immediate MWVCAA shall have the right to terminate this Contract immediately upon occurrence of any of the following events:

i. MWVCAA receives notice of denial, revocation, suspension, or non-renewal of any license or certificate required by this Contract or by law or regulation to be held by Contractor to perform work under this Contract.

ii. Contractor has endangered or is endangering the health and safety of clients, residents, staff or the public.

iii. The Contract between MWVCAA and any funding source for provision of services is terminated in whole or in part by the funding source for any reason or

iv. Contractor's financial instability, which MWVCAA deems sufficient to jeopardize quality of work.

Upon termination under this subparagraph, all work shall be suspended immediately and no new work shall be issued. Costs Contractor incurred prior to termination shall not be paid unless expressly authorized by MWVCAA in writing. Upon such termination, contractor shall be entitled to receive the reasonable value of the work performed prior to the termination and the value of any materials that are useable to complete performance of outstanding Work Orders, less any claim or claim for set-off which MWVCAA has against Contractor. MWVCAA may withhold any amount due Contractor until such time as the exact damages due to MWVCAA from Contractor are agreed upon or otherwise determined. Termination under this subparagraph shall not affect any right, obligations, or liability of Contractor or MWVCAA that accrued prior to such termination.

If this Contract is terminated under this provision the termination shall not be effective until all work under outstanding Work Orders is completed and approved by MWVCAA and all payments due Contractor have been made.

b. Termination - 30-day notice. Either party may terminate this Contract for any reason upon thirty (30) calendar days written notice to the other party.

c. Termination of contract for suspension of work. If, through no act or fault of Contractor, the work is suspended for more than sixty (60) calendar days Contractor may, after seven

(7) calendar days present written notice to MWVCAA, return the Work Order to MWVCAA without penalty and/or terminate the contract. In such event, Contractor's sole remedy shall be to recover payment from MWVCAA for the reasonable value of all work performed prior to termination.

d. Termination of contract for CAA failure to pay timely: If MWVCAA fails to act upon an invoice within forty-five (45) Calendar days of receipt or final inspection approval by MWVCAA, whichever is later, Contractor may after seven (7) calendar days present written notice to MWVCAA, terminating the contract. In such event, Contractor's sole remedy shall be to recover payment from MWVCAA for the reasonable value of all work performed prior to termination.

If this contract is terminated under this provision, the termination shall not be effective until all work under the outstanding Work Orders is completed and approved by MWVCAA and all payments due to the Contractor have been made.

e. Restriction - Failure of the work to meet specifications for work items related to health and life safety. MWVCAA may temporarily restrict Contractor from receiving any award of Work Orders under this Contract if inspection reveals that the work covered by any specification of the contract and listed in item 3c of this Standard Terms and Conditions fails to conform in any respect to the relevant specification and, following opportunity to cure, the work does not pass re-inspection by the end of the following calendar day. The restriction begins on the day the work fails to pass re-inspection and ends on the date the work passes inspection.

f. Restriction - Failure of the work to meet specifications for work items not related to health and life safety. MWVCAA may restrict Contractor from receiving an award of Work Orders under this Contract if inspection reveals that the work covered by any Specification of this contract and fails to conform in any respect to the relevant specifications of this contract and, following opportunity to cure, the work does not pass re-inspection within ten (10) business days. If the work is not corrected within ten (10) business days, restriction under this paragraph begins on the eleventh (11) business day after the work fails to pass inspection and continues until the work passes inspection. The Contractor may appeal the results of an inspection through MWVCAA Energy Conservation management. An appeal must be submitted in writing no later than ten (10) calendar days after the notice of failure date. An appeal shall be submitted to the MWVCAA Energy Conservation Manager. Results of the appeal will be available three (3) calendar days after receipt of appeal.

g. Restriction - Indefinite. MWVCAA may temporarily restrict a Contractor from receiving any awards of Work Orders under this Contract for an indefinite period upon occurrence of any of the following events:

i. Failure of a Contractor to complete the work on any Work Order or its contents within the time limits provided for in Exhibit 1. The restriction will continue from the date that the work becomes overdue on any project until the date that there is no longer any work overdue on any project.

ii. Contractor's high-density insulation equipment does not meet the specifications outlined in Exhibit 1. This restriction shall continue until Contractor demonstrates that equipment meets the specifications.

iii. If the Contractor is restricted from receiving Work Orders, for any reason, three times within any twelve month period. This restriction shall continue until MWVCAA in its sole discretion, determines that Contractor has sufficiently corrected the cause or causes of the restrictions.

h. Restriction - Failure to accept work. Contractor shall accept all Work Orders and its contents that are awarded. If Contractor fails to accept more than three jobs awarded to Contractor within any twelve month period, Contractor will be restricted from receiving any awards of Work Orders until the next contract anniversary.

i. Restriction- Voluntary. Upon receipt of a written request by Contractor made to MWVCAA Energy Conservation Program, Contractor will be placed on voluntary restriction from receipt of Work Orders. Contractor must accept all Work Orders that have been awarded prior to receipt of the request for voluntary restriction. Upon further receipt of a written request by Contractor, Contractor will be reinstated in the process for award of Work Orders.

If the Contractor is restricted from receiving Work Orders, for any reason, three times within any twelve month period. This restriction shall continue until MWVCAA, in its sole discretion, determines that Contractor has sufficiently corrected the cause or causes of the restrictions.

4. Records Retention. Contractor shall maintain job records on each client who receives services under this contract, unless the work requested precludes delivery of service on an individual client basis. All records and files shall be secured to prevent access by unauthorized persons.

Contractor agrees to maintain fiscal records and other records pertinent to this contract. All fiscal records shall be maintained pursuant to accepted accounting standards, Oregon Administrative Rules and applicable federal rules and regulations including Single Audit Act of 1984: Other records shall be maintained to the extent necessary to clearly reflect any actions taken. Contractor further agrees to provide access to any books, documents, papers, and records of Contractor, which are pertinent to this Contract, and further, to allow the making of audits, examinations, excerpts, and transcripts. Such access shall be freely allowed to state, federal, and MW VCAA personnel and their duly authorized agents. All books, documents, papers, or other records shall be retained for three (3) years from the date of expiration or termination of this Contract. If however, any audit questions remain unresolved at the end of this three-year period, all records shall be retained until resolution. Records involving matters in litigation shall be kept not less than one year after resolution of all litigation, including appeals.

5. Ownership of Work. If this Contract is terminated prior to completion, MWVCAA may require the Contractor to transfer and deliver to M W V CAA any partially completed work products, reports or documentation that the Contractor has specifically developed or acquired for the performance of this Contract.

6. Compliance with Applicable Law. Contractor shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Contract, and all regulations and administrative rules established pursuant to those laws, including, without limitation, the following laws.

i. Federal Funding Accountability and Transparency Act (FFATA) of 2006 (P.L 109-282) provisions of which include, but may not be limited to a requirement for contractor to have a Data Numbering System (DUNS) number and maintain a current registration in the Central Contractor Registration (CCR) database.

ii. Titles VI and VII of the Civil Rights Act of 1964, as amended.

iii. Sections 503 and 504 of the Rehabilitation Act of 1973, as amended.

iv. The Americans with Disabilities Act of 1990, as amended.

v. Chapter 659, as amended.

vi. Executive Order 11246, as amended.

vii. Age Discrimination in Employment Act of 1967, as amended and the Age Discrimination Act of 1975, as amended.

viii. The Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended (contracts over $25,000).

ix. ORS All regulations and administrative rules established pursuant to the foregoing laws and all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.

x. If 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 such claim becomes due, MWVCAA may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Contractor by reason of this Contract. The payment of a claim in the manner authorized in this section shall not relieve the Contractor or the Contractor's surety from any obligation with respect to any unpaid claims.

xi. Contractor shall maintain in effect all licenses, permits and certifications required for the performance of the work. Contractor shall notify MW VCAA immediately if any license, permit or certification required for performance of this Contract shall cease to be in effect for any reason.

7. Indemnity and Hold Harmless. Contractor shall defend, hold harmless and indemnify

MWVCAA, its officers, agents, and employees from all claims, suits, or actions of whatsoever nature, including attorney fees resulting from or arising out of the activities of Contractor or its officers, employees, subcontractors, or agents under this Contract.

8. Insurance. Contractor shall provide the following insurance:

a. Workers Compensation insurance in compliance with ORS 656.117 together with

Employer's Liability insurance with coverage limits of not less than $1,000,000.

b. Commercial General Liability insurance, to cover Bodily Injury, Death and Property

Damage. It shall include contractual liability coverage for the indemnity provided under this agreement. Contractor shall provide proof of insurance of not less than the following amounts:

Bodily Injury/Death Per occurrence limit for any single claimant: $1,000,000 Per occurrence limit for any number of claimants: $2,000,000

Property Damage Per occurrence limit for any single claimant of not less than $100,000 Per occurrence limit for any number of claimants of not less than $500,000

c. Automobile Liability Insurance covering all owned, non-owned or hired vehicles provided, however, that if the Contractor owns no vehicles non-owned and hired coverage shall be sufficient. This coverage may be written in combination with the Commercial General Liability Insurance with separate limits for “Commercial General Liability” and “Automobile Liability”.

Contractor shall provide proof of insurance of not less than the following amounts:

Bodily Injury/Death

Combined single limit per occurrence: $1,000,000.00 Per occurrence limit for any number of claimants: $2,000,000

Property Damage Per occurrence limit for any single claimant of not less than $100,000 Per occurrence limit for any number of claimants of not less than $500,000

Coverage must be provided by an insurance company admitted to do business in Oregon or rated A- or better by Best's Insurance Rating. Contractor's coverage will be primary in the event of loss. Contractor shall pay all deductibles and retentions. A cross-liability clause or separation of insureds condition will be included in all commercial general liability policies required by this Contract.

Contractor shall furnish a Certificate of Insurance to MW VCAA with the signed Contract.

The Certificate shall provide that there shall be no cancellation, termination, material change, or reduction of limits of the insurance coverage without 30 days written notice from the Contractor's insurer to MWVCAA. The Certificate shall also state the deductible or retention level. For commercial general liability the Certificate shall also provide that MWVCAA, its agents, officers, and employees are Additional Insureds with respect to Contractor's services to be provided under this Contract. For Automobile Liability, MWVCAA does not require the contractor to additionally insure MWVCAA, its agents, officers and employees with respect to Contractor’s services to be provided under this contract. If requested, complete copies of insurance policies shall be provided to MWVCAA.

d. If hazardous material is encountered during construction, the MW V CAA Project Manager must be notified immediately and if any work is done to remove it, any Contractor or subcontractor performing the work shall obtain and keep in effect during the term of their contract with contractor, Pollution Liability Insurance, including Asbestos Liability Insurance, covering liability for bodily injury, property damage, and environ- mental damage resulting from “sudden accidental” or “gradual” pollution and related cleanup costs incurred by the contractor or subcontractor, all arising out of the work or services (including the transportation risk, when applicable) to be performed under this contract. Combined single limit per occurrence shall not be less than $500,000 or the equivalent. Annual aggregate limit shall not be less than $1,000,000. If the policy is written on a “claims made” basis, certification of Extended Reporting coverage or continuous “claims made” coverage will be required.

e. MWVCAA reserves its right to review insurance requirements set forth in this Bid and Contract and to make modification to the requirements as it determines necessary during the life of the Contract. MW V CAA will give Contractor a written 30-day notification informing them of a change to their insurance requirements.

The Contractor shall be responsible for the costs incurred as a result of any change to the insurance requirements.

9. Right to Withhold Payments. MW V CAA shall have the right to withhold from payments due Contractor such sums as necessary, in MWVCAA’s sole opinion, to protect MWVCAA against any loss, damage or claim which may result from Contractor's performance or failure to perform under this agreement or the failure of Contractor to make proper payment to any suppliers or subcontractors.

10. Quality of Goods and Services. Contractor guarantees all work against defects in material or workmanship for a period of one (1) year from the date of acceptance or final payment from MWVCAA whichever is later. Contractor shall assign all manufacturers warranties to MWVCAA and all guarantees and warranties of goods supplied under this Contract shall be deemed to run in to the benefit of MWVCAA. Contractor shall provide MWVCAA clients with all manufacturers' warranty documentation and operations and maintenance manuals.

11. One Year Warranty. In addition to any other warranties required or provided under this Contract, Contractor shall, for a period of one year following the date of final payment, make all necessary repairs and replacements to remedy defects, breaks, or failures of the work which have resulted from faulty or inadequate materials or workmanship. Contractor shall also repair any damage to other improvements under, within or adjacent to the work to the extent that such damage is caused by the activities of the Contractor in performing its duties and obligations under this Contract when such damage occurs within the warranty period. There shall be a one-year warranty on each repair, extending from the date of completion of such repair. If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this paragraph, MW VCAA may do the required work, and Contractor and Contractor's surety, if any, shall be liable for all expense incurred. In case of an emergency where, in the opinion of MWVCAA, delay would cause serious loss or damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of MW V CAA to act in case of an emergency shall not relieve Contractor or Surety from liability under this paragraph.

12. Registration with Construction Contractor's Board and Licenses. Contractor and all subcontractors performing construction work under this Contract shall at all times during the term of this Contract be registered with the Construction Contractor's Board in accordance with the requirements of ORS Chapter 701. Contractor shall maintain all licenses and certifications required by law to perform work under this Contract.

13. Waiver. The failure of MWVCAA to enforce any provision of this Contract shall not constitute a waiver by CAA of that or any other provision.

14. Governing Law. The provisions of this Contract shall be construed in accordance with the laws of the State of Oregon and ordinances of the counties of Marion or Polk, Oregon.

15. Severability. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular term or provision held invalid.

16. Merger Clause. This Contract and the attached exhibits constitute the entire agreement between the parties. All understandings and agreements between the parties, and representations by either party concerning this Contract are contained in this Contract. No waiver, consent, modification or change in terms of this Contract shall bind either party unless in writing signed by both parties.

17. Anti-discrimination Clause. Contractor shall not discriminate based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, source of income, or political affiliation in programs, activities, services, benefits or employment. Contractor shall not discriminate against minority owned, women owned or emerging small businesses.

18. Hazard Communication. Contractor shall strictly adhere to, coordinate with M W V CAA and document full compliance with the policies and procedures of the Oregon Occupational Health and Safety Code, OAR Chapter 437, Division 155, Hazard Communication. Contractor and all subcontractors and suppliers within his control shall notify MWVCAA of all hazardous materials to which Contractor, MWVCAA staff or the public may be exposed on site, all measures to that will be taken to lessen the possibility of exposure and reduce risk of exposure and all procedures to follow if exposed. Contractor shall provide MWVCAA with all Safety Data Sheets (SDS) prior to delivery or introduction of hazardous materials on-site.

19. Price escalation/de-escalation. Price sheet will remain the same throughout the contract period, except that MWVCAA may offer to adjust the prices to reflect increased or decreased labor or material costs as required. Contractors may submit documentation supporting substantial cost increases for labor or materials to the MWVCAA Energy Conservation Program for consideration. If MWVCAA determines a material price adjustment is appropriate, all contracts will be modified to reflect the new price. The Contractor will not be able to otherwise reduce or increase bid prices on any item.

EXHIBIT 2: STATEMENT OF WORK

Mid-Willamette Community Action Agency Weatherization Contract No.WX-GC2023 Statement of Work. CONTRACTOR will perform the following work in accordance with the specifications of Request for Proposal (RFP) #WX-GC2023 and CONTRACTOR’S response to that proposal, both hereby incorporated by reference. If there is a conflict between this Contract and the RFP or the CONTRACTOR proposal, the Contract shall prevail. If there is a conflict between the CONTRACTOR proposal and the RFP, the RFP shall prevail.

A. Services:

Work shall be performed in accordance with the “Weatherization Assistance Program Site Built and Manufactured Home Field Guide”, local building codes and with the specifications outlined in AP

(oregon.gov) Community Action Organization Standard Weatherization Work Specifications.

1. Award of Work:

CONTRACTOR will be awarded work as follows:

a. Work orders shall be issued to CONTRACTOR based on the best interests of MWVCAA and the Weatherization project (including, but not limited to: pricing, availability of the contractor, time to completion). CONTRACTOR will not be awarded work in the following circumstances:

1. CONTRACTOR is restricted from participation in the Work Order process;

2. CONTRACTOR declines Work Order. CONTRACTOR shall have 5 (five) business days from notification of award of work order to accept or reject the Work Order.

If a Work Order is declined, the Work Order may be awarded to another successfully placed CONTRACTOR at the discretion of MWVCAA.

3. CONTRACTOR has been issued Work Orders and any such Work Orders are not completed and invoiced within 50 (fifty) days from the date the purchase order was issued.

b. All work for a single residence under this Contract will be assigned to a single contractor unless it is determined cost-effective or advantageous by MWVCAA to assign Work Orders to multiple contractors.

c. Work Orders will contain all known project information including, but not limited to:

Detailed scope of work, estimated prices for desired work, vital measurements including performance data, site drawing and client information.

d. This Contract does not guarantee award of any Work Orders to CONTRACTOR.

MWVCAA may temporarily or permanently discontinue or cancel award of Work Orders in its sole discretion.

e. MWVCAA may delay award of Work Orders for any reason to permit a higher placed contractor to provide the work.

f. For projects that require detailed project specific specifications, MWVCAA may request project specific bids from all successfully placed contractors on its list at its sole discretion.

In such a case bonding capacity of CONTRACTOR may be a factor in the award of work.

g. MWVCAA reserves the right to request project specific bids from contractors other than those who were successfully placed on the RFP #WX-GC2023.

2. Performance of the Work:

CONTRACTOR shall perform the work assigned to CONTRACTOR by Work Order as follows:

a. Schedule: All work shall be performed within the time frames provided in the Work Order.

b. Scope: All work shall be performed per the detailed work scope provided in the Work Order.

c. Price: All work shall be performed for the cost listed on the Work Order and or any corresponding approved MWVCAA change orders.

d. Quality: All work shall be performed to meet all local and State building codes as well as the specifications listed in Exhibit 4 of the contract.

https://www.oregon.gov/ohcs/energy-weatherization/Documents/OR-WAP-Field-Guide-FINAL-04-2021-Reformatted-for-Distribution.pdf https://www.oregon.gov/ohcs/energy-weatherization/Documents/OR-WAP-Field-Guide-FINAL-04-2021-Reformatted-for-Distribution.pdf

3. Change Orders:

a. MWVCAA will review for approval two (2) forms of change orders:

I. Pre work change orders for making any adjustments to Work Order price or scope prior to starting the work.

II. In Progress change orders or emergency change orders to a project during the course of work.

b. The value of work added or deleted by a change order shall be calculated by applying the prices set forth in the RFP #WX-GC2023 price sheet.

c. CONTRACTOR may only submit change orders on MW VCAA approved forms and that are submitted in person or by electronic email.

d. CAA will respond to any submitted change orders as soon as possible, but within two (2) business days of receiving.

e. CONTRACTOR will immediately inform MWVCAA verbally of any situation where it intends to submit an In- Progress change order for any situation that affects the health and safety of MWVCAA clients

f. MWVCAA reserves the right to waive this change order process at any time and may have its officers verbally approve any work it deems to be immediate and necessary. In the event of a verbal approval, the agreement shall be binding as it is documented by the MWVCAA officer. A written change order will then be submitted later, documenting the verbal change order.

4. Payment Terms:

CONTRACTOR will be paid on per Work Order, per invoice, requirements basis, based on Work Orders issued. MWVCAA may consider making in-progress payments for work completed if each individual request for In-Progress payment is in excess of $75,000 or a factor outside the control of CONTRACTOR inhibits their ability to complete work in a timely manner. Such payments will be made at the sole discretion of MWVCAA.

MWVCAA shall have the right to withhold from payments due CONTRACTOR such sums as are necessary in MWVCAA’s sole opinion to protect MWVCAA from any loss, damage, or claim which may result from CONTRACTOR’S failure to perform in accordance with the terms of the Contract or failure to make proper payment to suppliers or subcontractors.

5. Notice of Completion and Invoice for Completed Work:

CONTRACTOR shall provide an invoice to MWVCAA within ten (10) working days after the work is completed. The invoice shall be for the price stated in the Work Order as adjusted by any changes set forth in Change Orders. CONTRACTOR shall be paid for the work at the price stated in the Work Order within forty five (45) days following receipt of the invoice or final approval of the work by MWCCAA, whichever is later. No payment shall be made until the work has been approved by MWVCAA. MWVCAA may withhold payment from CONTRACTOR until:

a. All subcontractors and suppliers have been paid.

b. CONTRACTOR has submitted proof of any permits, photos, LSW documentation, wage reports and test data sheets required and listed in the work order or the contract with the invoice.

All final requests for payment shall be received by MWVCAA within 45 (forty-five) calendar days following the termination of this contract. Requests for payment received after that time shall not be honored.

EXHIBIT 3: DAVIS BACON ACT REQUIREMENTS

At this time there are no federal grants requiring Davis Bacon Wage Reporting. Weatherization activities under the US DOE-WAP are not considered public works projects under ORS 137-30- 015(3)(a) and are therefore exempt from prevailing wage requirements. If this status changes, there will be an addendum added to the contract that will identify the requirements of this act.

EXHIBIT 4: WORKERS COMPENSATION EXEMPTION CERTIFICATE

(To be completed only when CONTRACTOR claims to be exempt from Workers Compensation coverage requirements.)

CONTRACTOR is exempt from the requirement to obtain workers compensation insurance under ORS Chapter 656 for the following reason (check the appropriate box):

SOLE PROPRIETOR

CONTRACTOR is a sole proprietor and

CONTRACTOR has no employees and

CONTRACTOR will not hire employees to perform this contract.

CORPORATION – FOR PROFIT CONTRACTOR’S business is incorporated and

All employees of the corporation are officers and directors and have a substantial ownership interest* in the corporation and

All work will be performed by the officers and directors; CONTRACTOR will not hire other employees to perform this contract.

PARTNERSHIP

CONTRACTOR is a partnership and

CONTRACTOR has no employees and

All work will be performed by the members; CONTRACTOR will not hire employees to perform this Contract and

CONTRACTOR is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto. **

LIMITED LIABILITY COMPANY

CONTRACTOR is a limited liability company and

CONTRACTOR has no employees and

All work will be performed by the members; CONTRACTOR will not hire employees to perform this Contract and

If CONTRACTOR has more than one member; CONTRACTOR is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto. **

*NOTE: Under OAR 436-050-0050 a shareholder has a “substantial ownership” interest if the shareholder owns 10% of the corporation or if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders.

**NOTE: Under certain circumstances partnerships and limited liability companies can claim an exception even when performing construction work. The requirements for this exemption are complicated. Consult with COUNTY Counsel before an exemption request is accepted from a CONTRACTOR who will perform construction work.

CONTRACTOR’S Name CONTRACTOR’S Signature DATE

APPLICATION SUBMITTAL REQUIREMENTS CHECKLIST

__________ Proposal Agreement

__________ Contractor Qualifications

__________ Drug Free Workplace Certification

__________ Proof of State of Oregon CCB Licensing

__________ Proof of Lead Renovator Firm Certificate

PROPOSAL AGREEMENT

(TO BE SUBMITTED WITH APPLICATION)

Business Name: ___________________________________________________________

Contact Person:

1. The undersigned agrees, if awarded the contract, to execute and deliver to MWVCAA-

Weatherization Program, within ten (10) calendar days after receipt of a formal letter of award, two (2) signed copies of the Contract.

2. Bidders must satisfy themselves by personal examination of the specifications and provisions, and by such other means as they prefer as to the actual conditions and requirements of the specifications and provisions, and shall not at any time after submission of the proposal, dispute, complain, or assert that there was any misunderstanding in regard to the nature, quality or description of the materials and services to be supplied.

3. The undersigned as bidder declares that the only person or parties interested in this proposal, as principals, are those named herein; that his/her proposal is made without collusion with any other person, firm, or corporation; that he/she has carefully examined the contract documents, including the specifications and special provisions; and that he/she will contract with Agency to furnish the services and materials as specified, in the manner and the time therein prescribed and according to all the requirements set forth therein; and that the contents of this bid have not been communicated by the bidder, his/her employees or agents to any person not an employee or agent of the bidder.

4. Mid-Willamette Valley Community Action Agency Inc. reserves the right to reject any or all proposals and waive informality or irregularity.

5. Notice of Acceptance of this proposal or requests for additional information should be addressed to the undersigned at the address stated below:

CONTRACTOR QUALIFICATIONS

BUSINESS INFORMATION

Business Name:

Owner/Representative: Phone:

Business Address:

City: State: Zip Code:

Contractor Type (i.e., plumbing, electrical, general):

Type of Business:

Corporation Partnership Sole Proprietorship Joint Venture LLC…