H O USI NG AUTH O R I TY AN D U R BAN R EN EWAL AGEN CY O F P O LK CO UN T Y
204 S.W. W ALN UT , P.O . B OX 467, D ALLAS, O R EGO N 97338
503-623-8387 * FAX 503-623-6907 * TD D 1-800-735-2900
Request for Proposals
West Valley Housing Authority (WVHA) is soliciting proposals from general or
specialized trade contractors for the provisions of the following replacement and/or
repair services:
• Carpet Cleaning
• Office Cleaning
• Asbestos Abatement
• Elevator Repair
• Heating and Air Conditioning
• Plumbing
• Floor covering Installations
• Interior Painting
• Pavers
• Fire Extinguishers
• ADA Door Operators
• Locksmith
Interested and qualified businesses Owner/contractor who have successfully
demonstrated their ability to perform any of the above-listed replacement and repair
work are invited to submit proposals. Minority and woman owned businesses are
encouraged to respond.
Bid packages are available at the Housing Authority office and Web site:
West Valley Housing Authority
204 SW Walnut
PO Box 467
Dallas OR, 97338
(503)623-8387
www.wvpha.org
Contact Kevin Burton at extension 25
Sealed proposals, marked “BID DOCUMENTS_DO NOT OPEN” will be received
until April 1, 2008 at the above office. A pre-bid conference will be held on date
listed in bid package for designated trade at WVHA main office above, to answer
Page 1 of 16
questions regarding the bid package, applicable prevailing wage rates, if any, and equal
opportunity program requirements. All prospective bidders are urged to attend. Non-
attendance on the part of the bidder shall not relieve the bidder of any responsibility for
adherence to any of the provisions of this bid package or any addenda thereto.
The purpose of the Request for Proposal is to select one or more venders for each type
of listed service and enter into agreements for performance of the above listed
replacement and/or repair services. More than one vender may be selected to ensure
repair services will be available during an emergency.
WVHA reserves the right to reject any or all proposals, to waive any information in the
specifications or bidding process or to cancel in whole or in part this Request for
Proposal if it is in the best interest of the housing authority to do so. The attention of
bidders is directed to the fact that the proposed work will be financed in whole or in part
with Federal funds, and, therefore, all applicable Federal Statutes, rulings and
regulations, including applicable prevailing wage rates, will apply to such work.
Any bidder may withdraw their bid either personally, by written request, or by
telegraphic request at any time prior to the scheduled closing time of receipt of bids. No
Bid shall be withdrawn for a period of sixty (60) days subsequent to the opening of the
bids without consent of the Board of Commissioners, Housing Authority.
West Valley Housing Authority
Kevin Burton
Project Coordinator
Page 2 of 16
Proposal Requirements
Normal hours and/or 24-hour service
Bidders may bid to provide service during normal business hour of 8:00 am till 5:00 pm,
Monday through Friday, and/or on a 24-hour basis. Bidders may bid one hourly rate for
repairs performed during normal working hours and a different rate for repairs performed
after normal working hours and on Holidays. Refer to specifications for special
requirements/substitutions if needed.
Areas of Service
West Valley Housing Authority (WVHA) has one (1) area office managing the subject
properties. The properties are located within Polk County with 260 units in West Salem
and the balance in Independence and Dallas. Bidders may elect to restrict service to
specific regions as defined by the map in Attachment 1. Bidders can not restrict their
bids to specific sites within the region.
Variable Rates by Service Area
Bidders may bid different rates for each service region or one rate for both regions. If the
bidder elects to bid a different rate for each region, the bidder must enter rate in each
column for each region bid. If all rates are bid at one rate, enter that rate in the both
column only.
Response Time
Bidders shall indicate a guaranteed response time for each category bid.
Material Charges
Bidders shall bid the amount they would charge WVHA for typical materials used in
repairs as a percentage markup over materials invoice.
Weighted Rating System
Criteria Percent Weight
Average Hourly Rate 40%
Material Cost 10%
References 10%
Response Time 20%
24-Hour Coverage 20%
Page 3 of 16
H O USI NG AUTH O R I TY AN D U R BAN R EN EWAL AGEN CY O F P O LK CO UN T Y
204 S.W. W ALN UT , P.O . B OX 467, D ALLAS, O R EGO N 97338
503-623-8387 * FAX 503-623-6907 * TD D 1-800-735-2900
Dear Vendor:
The pre-bid conference for Region #1 will be held on March 25, 2008
at 10 a.m. at 204 SW Walnut Dallas OR 97338. The Region #2 pre-
bid conference will start at 11 a.m. on March 25, 2008 at 1947 Dallas
Hwy NW, Salem OR 97304. Attendance is not mandatory, although
you will get a better understanding of our facilities. All trades are
needed in both regions other than an elevator repair/service
technician, as we only have one multi-story building located in Region
#1. If the conference schedule does not work for you and you would
like to view the facilities, special arrangements can be made. I am
available Tuesdays, Thursdays or Fridays to discuss arrangements.
Thank you for your consideration and I look forward to seeing your
proposal.
Sincerely,
Kevin Burton
Construction Project Coordinator
KB/slb
Page 4 of 16
Page 5 of 16
Project Specifications
Fire Extinguishers
• Pricing for this item will be provided at a per hour price based on typical
inspection and testing of fire extinguishers, during normal business hours (IE 8 to
5 Mon. thru Fri.).
• Provide cost adjustments for emergency call out for night and weekend work.
• Provide guaranteed response time.
• Provide MSDS sheet on products to be used.
• Provide compete warrantee information.
• Describe how products are environmentally sound.
• Provide explanation of trouble shooting procedure and average repair time.
General
• IF awarded be prepared to provide Certificate of Insurance for General Liability
(1m), Auto insurance and Worker’s Compensation.
• IF awarded be prepared to provide photocopy of Construction Contractor’s Board
registration.
• IF awarded be prepared to provide Insurance endorsements for general liability
insurance, auto insurance and worker’s compensation.
• IF awarded be prepared to provide WVHA with a W-9.
• Must comply with Federal Statues including prevailing wage rates.
Page 6 of 16
BID FORM
For Contract Services
Fire Extinguishers
Job No. SC08-10
To the Housing Authority and Urban Renewal
Agency of Polk County, Oregon (dba West Valley Housing Authority),
Gentlemen:
1. The undersigned, having familiarized (himself) herself) (themselves) with the local
conditions affecting the cost of the work, and with the Project Manual (including this
Bid, the form of Non-Collusive Affidavit, the form of Contract, the General
Conditions, the General Scope of Work, Drawings and Addenda, if any thereto, and
on file in the office of the West Valley Housing Authority (WVHA), hereby proposes
to furnish all labor, materials, equipment, and services required to perform fire
extinguisher inspection/repair, Job Number SC08-10, all in accordance therewith, for
the sum of:
Normal Cost per hour = ($____________)
Additional Costs per Scope of Work = ($ )
Both = ($ )
Initial here if claiming Section 3 contractor status
(See Supplemental Instructions to Bidders Paragraph 1 with Applicable Attachments)
Addendum Acknowledgment:
(Initial for Each That Applies) Add. #1 Add. #2 Add. #3
2. In submitting this bid, it is understood that the right is reserved by the WVHA to
reject any and all bids. If written notice of the acceptance of this bid is mailed,
telegraphed, or delivered to the undersigned within thirty (30) days after the opening
thereof, or at any time thereafter before this bid is withdrawn, the undersigned
agrees to execute and deliver a contract in the prescribed form and furnish the
required bond within ten (10) days after the contract is presented to him/her for
signature.
3. Security in the sum of
Dollars ($ ) is submitted herewith in accordance with the specifications.
4. Attached hereto is an affidavit in proof that the undersigned has not entered into any
collusion with any person in respect to this proposal or any other proposal or the
submitting of proposals for the contract for which this proposal is submitted.
5. The bidder represents that he/she [ ] has, [ ] has not, participated in previous
contract or subcontract subject to the equal opportunity clause prescribed by
Executive Orders 10925, 11114, or 11246 or the Secretary of Labor; that he/she [ ]
has, [ ] has not, filed all required compliance reports; and that representations
1
Page 7 of 16
indicating submission of required compliance reports, signed by proposed
subcontractors, will be obtained prior to subcontract awards. (The above
representation need not be submitted in connection with contracts or subcontracts
which are exempt from the clause.)
6. Certification of Nonsegregated Facilities. By signing this bid, the bidder certifies that
he/she does not maintain or provide for his/her employees any segregated facilities
at any of his/her establishments, and that he/she does not permit his/her employees
to perform their services at any location, under his/her control, where segregated
facilities are maintained. He/she certifies further that he/she will not maintain or
provide for his employees any segregated facilities at any of his establishments, and
that he/she will not permit his employees to perform their services at any location,
under his control, where segregated facilities are maintained. The bidder agrees
that a breach of this certification is a violation of the Equal Opportunity clause in this
contract. As used in this certification, the term “segregated facilities” means any
waiting rooms, work areas, rest rooms and wash rooms, restaurants and other
eating areas, time clocks, locker rooms and other storage or dressing areas, parking
lots, drinking fountains, recreation or entertainment areas, transportation, and
housing facilities provided for employees which are segregated by explicit directive
or are in fact segregated on the basis of race, color, religion, or national origin,
because of habit, local custom, or otherwise. He/she further agrees that (except
where he/she has obtained identical certifications from proposed subcontractors
prior to the award of subcontracts exceeding $10,000, which are not exempt from
the provision of the Equal Opportunity clause; that he/she will retain such
certifications in his/her files; and that he/she will forward a notice to his/her proposed
subcontractors as provided in the Instruction to Bidders.
7. Bidder must pay HUD Maintenance Wage Rates at the hourly rate listed plus fringe
benefits equal or more than the amount listed. If no fringe benefits are provided, the
listed fringe must be added to the hourly rate to be paid on the project.
Note: The penalty for making false statements in offers is prescribed in 18
U.S.C. 1001.
DATE: , 2008 BY:
Official Address TITLE:
PHONE:
FAX:
2
Page 8 of 16
General Conditions for Non-Construction U.S. Department of Housing and Urban
Development
Contracts Office of Public and Indian Housing
Section II – (With Maintenance Work) Office of Labor Relations
OMB Approval No. 2577-0157 (exp. 11/30/2008)
Public Reporting Burden for this collection of information is estimated to average 0.08 hours 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. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C.
20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this
completed form to either of these addressees.
Applicability. This form HUD-5370C has 2 Sections. These in the classification under this Contract from the first
Sections must be inserted into non-construction contracts as day on which work is performed in the classification.
described below:
2. Withholding of funds
1) Non-construction contracts (without maintenance) greater
than $100,000 - use Section I; The Contracting Officer, upon his/her own action or upon
2) Maintenance contracts (including nonroutine maintenance request of HUD, shall withhold or cause to be withheld from the
as defined at 24 CFR 968.105) greater than $2,000 but not Contractor under this Contract or any other contract subject to
more than $100,000 - use Section II; and HUD-determined wage rates, with the same prime Contractor,
3) Maintenance contracts (including nonroutine maintenance), so much of the accrued payments or advances as may be
greater than $100,000 – use Sections I and II. 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
Section II – Labor Standard Provisions for all Maintenance laborer or mechanic employed under this Contract all or part of
Contracts greater than $2,000 the wages required under this Contract, the Contracting Officer
==================================================== or HUD may, after written notice to the Contractor, take such
1. Minimum Wages action as may be necessary to cause the suspension of any
(a) All maintenance laborers and mechanics employed under further payment or advance until such violations have ceased.
this Contract in the operation of the project(s) shall be paid The Public Housing Agency or HUD may, after written notice to
unconditionally and not less often than semi-monthly, and the Contractor, disburse such amounts withheld for and on
without subsequent deduction (except as otherwise account of the Contractor or subcontractor to the respective
provided by law or regulations), the full amount of wages employees to whom they are due.
due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary 3. Records
of Housing and Urban Development which is attached
hereto and made a part hereof. Such laborers and (a) The Contractor and each subcontractor shall make and
mechanics shall be paid the appropriate wage rate on the maintain for three (3) years from the completion of the work
wage determination for the classification of work actually records containing the following for each laborer and
performed, without regard to skill. Laborers or mechanics mechanic:
performing work in more than one classification may be (i) Name, address and Social Security Number;
compensated at the rate specified for each classification (ii) Correct work classification or classifications;
for the time actually worked therein; provided, that the (iii) Hourly rate or rates of monetary wages paid;
employer’s payroll records accurately set forth the time (iv) Rate or rates of any fringe benefits provided;
spent in each classification in which work is performed. (v) Number of daily and weekly hours worked;
The wage determination, including any additional (vi) Gross wages earned;
classifications and wage rates approved by HUD under (vii) Any deductions made; and
subparagraph 1(b), shall be posted at all times by the (viii) Actual wages paid.
Contractor and its subcontractors at the site of the work in (b) The Contractor and each subcontractor shall make the
a prominent and accessible place where it can be easily records required under paragraph 3(a) available for
seen by the workers. inspection, copying, or transcription by authorized
(b) (i) Any class of laborers or mechanics which is not listed in representatives of HUD or the HA and shall permit such
the wage determination and which is to be employed under representatives to interview employees during working
the Contract shall be classified in conformance with the hours on the job. If the Contractor or any subcontractor
wage determination. HUD shall approve an additional fails to make the required records available, HUD or its
classification and wage rate only when the following criteria designee may, after written notice to the Contractor, take
have been met: such action as may be necessary to cause the suspension
(1) The work to be performed by the classification of any further payment, advance or guarantee of funds.
required is not performed by a classification in the
wage determination; 4. Apprentices and Trainees
(2) The classification is utilized in the area by the
industry; and (a) Apprentices and trainees will be permitted to work at less
(3) The proposed wage rate bears a reasonable than the predetermined rate for the work they perform
relationship to the wage rates contained in the when they are employed pursuant to and individually
wage determination. registered in:
(ii) The wage rate determined pursuant to this (i) A bona fide apprenticeship program registered
paragraph shall be paid to all workers performing work with the U.S. Department of Labor, Employment
and Training Administration (ETA), Office of
Section II - Page 1 of 3 form HUD-5370-C (10/2006)
Page 9 of 16
Apprenticeship Training, Employer and Labor forth those findings that are in dispute and the
Services (OATELS), or with a state apprenticeship reasons, including any affirmative defenses, with
agency recognized by OATELS, or if a person is respect to the violations. The request shall be
employed in his/her first 90 days of probationary directed to the appropriate HA or HUD official in
employment as an apprentice in such an accordance with instructions contained in the
apprenticeship program, who is not individually notice of findings or, if the notice does not specify
registered in the program, but who has been to whom a request should be made, to the
certified by OATELS or a state apprenticeship Regional Labor Relations Officer (HUD).
agency (where appropriate) to be eligible for (ii) The HA or HUD official shall, within 60 days
probationary employment as an apprentice; (unless otherwise indicated in the notice of
(ii) A trainee program which has received prior findings) after receipt of a timely request for
approval, evidenced by formal certification by the reconsideration, issue a written decision on the
U.S. Department of Labor, ETA; or findings of violation. The written decision on
(iii) A training/trainee program that has received prior reconsideration shall contain instructions that any
approval by HUD. appeal of the decision shall be addressed to the
(b) Each apprentice or trainee must be paid at not less than Regional Labor Relations Officer by letter
the rate specified in the registered or approved program for postmarked within 30 calendar days after the date
the apprentice’s/trainee’s level of progress, expressed as a of the decision. In the event that the Regional
percentage of the journeyman hourly rate specified in the Labor Relations Officer was the deciding official
applicable wage determination. Apprentices and trainees on reconsideration, the appeal shall be directed to
shall be paid fringe benefits in accordance with the the Director, Office of Labor Relations (HUD). Any
provisions of the registered or approved program. If the appeal must set forth the aspects of the decision
program does not specify fringe benefits, that are in dispute and the reasons, including any
apprentices/trainees must be paid the full amount of fringe affirmative defenses, with respect to the violations.
benefits listed on the wage determination for the applicable (iii) The Regional Labor Relations Officer shall,
classification. within 60 days (unless otherwise indicated in the
(c) The allowable ratio of apprentices or trainees to decision on reconsideration) after receipt of a
journeyman on the job site in any craft classification shall timely appeal, issue a written decision on the
not be greater than the ratio permitted to the employer as findings. A decision of the Regional Labor
to the entire work force under the approved program. Relations Officer may be appealed to the Director,
(d) Any worker employed at an apprentice or trainee wage rate Office of Labor Relations, by letter postmarked
who is not registered in an approved program, and any within 30 days of the Regional Labor Relations
apprentice or trainee performing work on the job site in Officer’s decision. Any appeal to the Director
excess of the ratio permitted under the approved program, must set forth the aspects of the prior decision(s)
shall be paid not less than the applicable wage rate on the that are in dispute and the reasons. The decision
wage determination for the classification of work actually of the Director, Office of Labor Relations, shall be
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 paragraph 6 shall not be subject to paragraph 5(a) of this
approval of an apprenticeship or trainee program, the form HUD-5370C. Such disputes shall be resolved in
employer will no longer be permitted to utilize accordance with the procedures of the U.S. Department of
apprentices/trainees at less than the applicable Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within
predetermined rate for the work performed until an the meaning of this paragraph 5(b) include disputes
acceptable program is approved. between the Contractor (or any of its subcontractors) and
the HA, HUD, the U.S. Department of Labor, or the
5. Disputes concerning labor standards employees or their representatives.
(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 The provisions of this paragraph 6 are applicable only where
procedures. Disputes within the meaning of this paragraph the amount of the prime contract exceeds $100,000. As used in
include disputes between the Contractor (or any of its this paragraph, the terms “laborers” and “mechanics” includes
subcontractors) and the HA, or HUD, or the employees or watchmen and guards.
their representatives, concerning payment of prevailing (a) Overtime requirements. No Contractor or subcontractor
wage rates or proper classification. The procedures in this contracting for any part of the Contract work which may
section may be initiated upon HUD’s own motion, upon require or involve the employment of laborers or
referral of the HA, or upon request of the Contractor or mechanics shall require or permit any such laborer or
subcontractor(s). mechanic in any workweek in which he or she is employed
(i) A Contractor and/or subcontractor or other on such work to work in excess of 40 hours in such
interested party desiring reconsideration of workweek unless such laborer or mechanic receives
findings of violation by the HA or HUD relating to compensation at a rate not less than one and one-half
the payment of straight-time prevailing wages or times the basic rate of pay for all hours worked in excess of
classification of work shall request such 40 hours in such workweek.
reconsideration by letter postmarked within 30 (b) Violation; liability for unpaid wages; liquidated
calendar days of the date of notice of findings damages. In the event of any violation of the provisions
issued by the HA or HUD. The request shall set set forth in paragraph 6(a), the Contractor and any
Section II - Page 2 of 3 form HUD-5370-C (10/2006)
Page 10 of 16
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 (10/2006)
Page 11 of 16
Attachment 2a
INSURANCE REQUIREMENTS FOR BUILDING TRADES CONTRACTORS
(WITH CONSTRUCTION RISKS)
Contractor shall procure and maintain for the duration of the contract 4. Maintenance of the proper insurance for the duration of the
insurance against claims for injuries to persons or damages to property contract is a material element of the contract. Material changes in
which may arise from or in connection with the performance of the work the required coverage or cancellation of the coverage shall
hereunder by the Contractor, his agents, representatives, employees or constitute a material breach of the contract.
subcontractors.
Minimum Scope of Insurance Course of construction policies shall contain the following provisions:
Coverage shall be at least as broad as: 1. WVHA shall be named as loss payee.
1. Insurance Services Office Commercial General Liability coverage 2. The insurer shall waive all rights of subrogation against WVHA, its
(occurrence Form CG-00011188). officers, officials, employees and volunteers.
2. Insurance Services Office form number CA 00 01 06 92 covering
Automobile Liability, code 1 (any auto). Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best s rating
3. Workers Compensation insurance as required by State law and
Employer s Liability Insurance.
of no less than B+:VI. Bidders must provide written verification of their
4. Course of Construction insurance covering for all risks of loss (in insurer's rating.
compliance with HUD regulations).
Verification of Coverage
Minimum Limits of Insurance Contractor shall furnish WVHA with original certificates and amendatory
Contractor shall maintain limits no less than: endorsements effecting coverage required by this clause. The
1. General Liability: $1,000,000 per occurrence for bodily injury, endorsements should be on forms provided by WVHA or on other than
WVHA s forms, provided those endorsements conform fully to the
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is requirements. All certificates and endorsements are to be received and
used, either the general aggregate limit shall apply separately to approved by WVHA before work commences in sufficient time to permit
this project/location or the general aggregate limit shall be twice the contractor to remedy any deficiencies. WVHA reserves the right to
required occurrence limit. require complete, certified copies of all required insurance policies,
2. Automobile Liability: $1,000,000 per accident for bodily injury and including endorsements effecting the coverage required by these
property damage. specifications at any time.
3. Employer s Liability: $1,000,000 per accident for bodily injury or
disease. Subcontractors
4. Course of Construction: Completed value of the project. Contractor shall include all subcontractors as insureds under its policies
or shall furnish separate certificates for each subcontractor in a manner
Deductibles and Self-Insured Retentions and in such time as to permit WVHA to approve them before
subcontractors work begins. All coverages for subcontractors shall be
Any deductibles or self-insured retentions must be declared to and
approved by West Valley Housing Authority (WVHA). At the option of subject to all of the requirements stated herein.
WVHA, either: the insurer shall reduce or eliminate such deductibles or Note: If a subcontractor will be hired to perform hazardous material
self-insured retentions as respects WVHA, its officers, officials, remediation, or other hazardous operations, that subcontractor will name
employees and volunteers; or the Contractor shall provide a financial WVHA, its officers, officials, employees and volunteers as additional
guarantee satisfactory to WVHA guaranteeing payment of losses and insureds on its general liability insurance policy by endorsement. Such
related investigations, claim administration and defense expenses. policy will provide coverage for the hazardous material remediation and
NOTE: If this contract deals with hazardous materials or activities (i.e. other hazardous operations risks.
lead based paint, asbestos, armed security guards) additional provisions
covering those exposures must be included in order to protect WVHA s
Indemnification
Contractor hereby releases and shall indemnify, defend, and hold
interests.
harmless West Valley Housing Authority, its subsidiaries, affiliates,
officers, agents, employees, successors, assigns, and authorized
Other Insurance Provisions representatives of all of the foregoing from and against all suits, actions,
The general liability and automobile liability policies are to contain, or be legal or administrative proceedings, claims, demands, damages,
endorsed to contain, the following provisions: liabilities, interest, attorney fees, costs, and expenses of any kind or
1. WVHA, its officers, officials, employees, and volunteers are to be nature, whether arising before or after completion of the work hereunder,
covered as additional insureds with respect to liability arising out of and in any manner directly or indirectly caused, occasioned, or
automobiles owned, leased, hired or borrowed by or on behalf of contributed to in whole or in part, or claimed to be caused, occasioned,
or contributed to in whole or in part, by reason of any act, omission, fault,
the Contractor; and with respect to liability arising out of work or
or negligence of West Valley Housing Authority, Contractor, Contractor’s
operations performed by or on behalf of the Contractor including subcontractor, or of anyone acting under Contractor’s direction or control
materials, parts or equipment furnished in connection with such or on Contractor’s behalf in connection with or incidental to the
work or operations. General liability coverage can be provided in performance of this contract. Contractor’s aforesaid release, indemnity,
the form of an endorsement to the Contractor s insurance, or as a and hold harmless obligations, or portions of applications thereof, shall
separate owner s policy.
apply even in the event of West Valley Housing Authority’s sole
2. For any claims related to this project, the Contractor s insurance
negligence or strict liability. West Valley Housing Authority shall be
indemnified and held harmless to the fullest extent permitted by law. If
coverage shall be primary insurance as respects WVHA, its
any portion of this indemnity clause is invalid or unenforceable, it shall
officers, officials, employees, and volunteers. Any insurance or self- be deemed exised and the remaining portions of the clause shall be
insurance maintained by WVHA, its officers, officials, employees, given full force and effect.
or volunteers shall be excess of the Contractor s insurance and
shall not contribute with it. Contractor hereby agrees to require all its subcontractors or anyone
acting under its direction or control or on its behalf in connection with or
3. Each insurance policy required by this clause shall be endorsed to
incidental to the performance of this contract to execute an indemnity
state that coverage shall not be canceled or materially changed, clause identical to the preceding clause, specifically naming West Valley
except after thirty (30) days prior written notice by certified mail,
Housing Authority as indemnitee.
return receipt requested, has been given to WVHA.
Page 12 of 16
This Page Intentionally Left Blank
Page 13 of 16
NON-COLLUSIVE AFFIDAVIT
State of
County of
, being first
duly sworn, deposes and says:
That he/she is
(Individual, partner, or officer of the firm of, etc.)
the party making the foregoing proposal or bid, that such proposal or bid is
genuine and not collusive or sham; that said bidder has not colluded, conspired,
connived or agreed, directly or indirectly, with any bidder or person to put in a
sham bid or to refrain from bidding, and has not, in any manner, directly or
indirectly, sought by agreement or collusion, or communication of conference,
with any person, to fix the bid prices of affiant or of any other bidder, or to fix any
overhead, profit or cost element of said bid price, or of that or any other bidder, or
to secure any advantage against the West Valley Housing Authority (Housing
Authority and Urban Renewal Agency of Polk County) or any person interested in
the proposed contract; and that all statements in said proposal or bid are true.
By
Title
Subscribed and sworn to before me this day of , 20 .
My commission expires:
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