REQUEST FOR BIDS - Home Forwardhomeforward.org/sites/default/files/414, 11-19 - RFB Radon...

REQUEST FOR BIDSRFB No. 11/19-414

Radon Testing for Multiple Properties

RFB Issue Date: November 8, 2019Bid Due Date: December 2, 2019 11:00 AM

Home Forward135 SW Ash Street, 5th Floor

Portland, OR 97204

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Request for BidsRadon Testing for Multiple Properties

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REQUEST FOR BIDSRFB No. 11/19/414

Radon Testing for Multiple PropertiesTo: Prospective Radon Testing Firms

Subject: Request for Bids (RFB) for Radon Testing for Multiple Properties

Issue Date: November 8, 2019

Due Date: December 2, 2019, 11:00 AMNo faxed or e-mailed bids will be accepted.

Submit Bids to: Home ForwardPurchasing Department135 SW Ash Street, 5th FloorPortland, OR 97204

RFB Contact: Dzana HrusticProcurement CoordinatorHome Forward135 SW Ash Street, 5th FloorPortland, OR [email protected]

Document Availability: Electronic copy of the RFB and all required forms and attachments may be obtained from the Home Forward web site at http://homeforward.org/. If the RFB is obtained via the website, a registration form should be emailed to [email protected] to be added to the Prospective Bidders List and receive addenda.

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mailto:[email protected]

http://homeforward.org/work-with-us/business-contracting/current-opportunities



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TABLE OF CONTENTS

I. INTRODUCTIONA. NoticeB. Introduction to Home ForwardC. Project Overview & Scope of WorkD. ContractE. RFB ScheduleF. Changes to RFB

II. SUBMISSION REQUIREMENTSA. Content SpecificationsB. Format Specifications

III. BID EVALUATION & AWARDA. Evaluation ProcessB. Bid Award

IV. STATEMENTS & REQUIRED INFORMATIONA. Clarifications, Addenda, Protests of RFB Terms and ConditionsB. Clarification of BidsC. ProtestsD. Cancellation or Rejection, Waiver of IrregularitiesE. Cost of Bid PreparationF. ConfidentialityG. Withdrawal of BidsH. Reservation of Rights Concerning RFB

V. EXHIBITSExhibit A – Property Summary ListExhibit B – Site PlansExhibit C – Sample Radon Testing Result AttachmentExhibit D – Sample Personal Services ContractExhibit E – Bid Form (submission requirement)Exhibit F – Certification of Non-Discrimination (submission requirement)

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I. INTRODUCTION

A. Notice

Home ForwardREQUEST FOR BIDS No. 11/19-414

RADON TESTING FOR MULTIPLE PROPERTIES

Sealed Bids are requested from licensed radon testing firms for the provision of radon testing services in approximately 1074 testing locations (including vacant spaces and/or common areas) across the 9 properties.

Home Forward’s Procurement Department will accept Bids until December 2, 2019, 11:00 AM. The Procurement Department is located at 135 SW Ash Street, 5th Floor, Portland, Oregon 97204. Bids should be clearly marked with the Bidder’s name and address and the RFB title and number.

Electronic copy of the RFB and all required forms and attachments may be obtained from the Home Forward web site at http://homeforward.org/. If the RFB is obtained via the website, a registration form should be emailed to [email protected] to be added to the Prospective Bidders List and receive addenda.

Home Forward has an established goal of 20% participation by COBID certified firms on this project. Interested COBID certified firms are encouraged to provide a Bid.

RFB Contact: Dzana HrusticProcurement CoordinatorHome Forward [email protected]

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B. Introduction to Home Forward

Home Forward provides housing solutions for individuals and families who cannot find affordable and adequate housing. Home Forward is an independent public corporation authorized by the State of Oregon under the Oregon Revised Statutes §456.055 to §456.235. Home Forward was established on December 11, 1941, by Resolution of the Council of the City of Portland. In 1992, Home Forward's jurisdiction was expanded to include all of Multnomah County. A nine-member Board of Commissioners appointed by the Mayor of Portland, the Mayor of Gresham, and the Chairperson of the Multnomah County Commission and confirmed by the Portland City Council governs Home Forward. Members of the Board serve without pay.

The mission of Home Forward is to assure that people of our community are sheltered. Home Forward has a special responsibility to those who encounter barriers to housing because of income, disability or special need.

C. Project Overview & Scope of Work

Home Forward seeks to establish a contract with one or more firms to perform radon testing on any of the 4 groupings of its properties relative to this RFB. Properties are clustered in 4 groups according to size and radon testing report due dates as outlined below. Bidders may submit a Bid on any, some, or all of the 4 property groups. Bidders shall base their Bids on the quantities provided and circumstances at each site.

Property Group 1 report due: 2/14/2020 Property Group 2 report due: 2/14/2020 Property Group 3 report due: 3/19/2020 Property Group 4 report due 3/19/2020

Testing should be completed two weeks prior to the report due date.

Depending on the number of units testing above the acceptable levels, Home Forward may issue an RFB for radon mitigation after the testing and reporting of Property Groups 1 and 2, or after the testing and reporting of all 4 groups.

Scope of WorkThe scope of work includes the provision of radon testing services for approximately 1074 testing locations (including vacant spaces and/or common areas) across the 9 properties as outlined in Exhibit A. Testing locations may not be exhaustive. Home Forward will work with the selected Bidder(s) to determine final locations. Site plans for each property are included in Exhibit B.

Radon testing must be conducted according to the standards of the ANSI/AARST MAMF-2017, Protocol for Conducting Measurements of Radon and Radon Decay Products in Multifamily Buildings, including the protocols for where to test, copied here in part:

3.0 WHERE TO TEST (Protocol Requirements)3.1 Ground-Contact DwellingsConduct a measurement in each ground-contact apartment, dwelling and other occupied units such as those used as office space. This means each unit that has floor(s) and/or wall(s) in contact with the ground or is over crawlspaces, utility tunnels or parking garages.

3.2 Other Ground-Contact LocationsAlso conduct a measurement in non-residential ground-contact rooms or areas.

3.4 Upper FloorsOn the upper floors, conduct a measurement in at least one apartment on each floor; include measurements in at least 10% of the dwellings on each of the higher floors.

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Tests should be conducted under the Simultaneous Testing option of the Time-Sensitive Testing Protocol from the ANSI/AARST MAMF-2017, Protocol for Conducting Measurements of Radon and Radon Decay Products in Multifamily Buildings (Table 4.3).

All Bidders must have at least one radon mitigation technician on staff who has been certified by the National Radon Proficiency Program (NRPP) or the National Radon Safety Board (NRSB).

Deliverables

Home Forward requires that a radon testing report show radon levels for each tested unit or space in each property. Each report should include an attachment using Exhibit C, suitable for distribution without the report narrative that identifies the testing company, test dates, report date, property, and a table listing unit numbers and results provided. Results greater than or equal to 4.0 pCi/L should be highlighted in yellow. Results from 3.0 to 3.9pCi/L should be highlighted in green. Exhibit C shall include your company letterhead.

D. ContractHome Forward may award a Contract from one to four Bidders to perform this Work. Home Forward will utilize its standard Personal Services Contract, included here as Exhibit D.

E. RFB Schedule

Home Forward reserves the right to deviate from this schedule.

RFB Schedule

RFB Issue Date 11/08/2019

Deadline for Written Requests for Information 11/15/2019, 2:00 PM

Last Addendum Issue Date (if needed) 11/20/2019

Bids Due 12/02/2019, 11:00 AM

Notice of Intent to Award Week of 12/09/2019

Contract Execution Week of 12/16/2019

F. Changes to RFBHome Forward reserves the right to change this RFB. Changes shall be by written addendum and shall be issued to all entities on Home Forward’s Prospective Bidders List for this RFB. Bidders shall not rely on verbal or written representations regarding this RFB except for written addenda issued by Home Forward.

A prospective Bidder may request a change to the RFB by submitting a written request to the RFB Contact. The request shall specify the provision of the RFB or Contract in question and shall contain an explanation for the requested change. Home Forward shall evaluate any request submitted but reserves the right to determine whether to accept or reject the change. All requests for changes shall be submitted in writing to Home Forward no later than 11/15/2019, 2:00PM.

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II. SUBMISSION REQUIREMENTS

A. Content SpecificationsTo be considered responsive, each Bidder shall respond to the following requirements.

For bidding purposes, please assume that no single space at the properties is larger than 2,000 square feet.

1. Completed Bid FormThe following information must be submitted on the provided Bid Form (Exhibit E):

1. The lump-sum cost for testing each entire property2. A property-based unit price for each test location that can be used if locations are

added or removed from the testing scope3. Fees and expenses on a time & materials basis attached as an additional sheet

Reminder: Bidders may submit a Bid on any, some, or all of the 4 property groups. Please write N/A in each box on the Bid Form where you will not be submitting a Bid.

Bids per group must be independent – no group’s pricing can depend on the Bidder also being awarded a contract for other groups. Bid Forms shall be signed by an authorized representative. Bidders shall indicate receipt of addendum as applicable on Bid Forms.

2. NRPP or NRSB CertificationsBidders must have at least one radon mitigation technician on staff who has been certified by the NRPP or the NRSB. Bidders must include the following information for their specific staff person somewhere in their Bid documents:

Certification Type Certification Number Expiration Date

B. Format SpecificationsEach Bid shall comply with the following specifications:

1. 8.5” x 11” format.

2. Submit one (1) full color hard copy original of the Bid Submittal secured with a binder clip. Do not bind the original. The Bid shall be enclosed in a sealed envelope marked with the RFB number and the name and address of the Bidder.

3. In the sealed envelope containing the Bid, include a USB flash drive with one PDF file containing the Bid with included require submittals. All electronic material should be designed to be compatible with the PDF format (no projecting tabs, no assumptions about color calibration, paper weight, etc.)

III. BID EVALUATION & AWARD

A. Evaluation ProcessThe following process will be generally followed for the evaluation and award of a contract.

1. Determine if Bids are responsive;

2. Determination of the lowest responsive Bid(s);

3. Determine the responsibility of the lowest responsive Bid(s)

4. Home Forward Board of Commissioners approval of contract award(s), if necessary.

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B. Bid Award Home Forward intends to award one or more contracts to the lowest cost responsive and responsible Bidders. Home Forward reserves the right to assemble the Bids in a manner to determine the lowest cost to Home Forward.

IV. STATEMENTS & REQUIRED INFORMATION

A. Clarifications, Addenda, Protests of RFB Terms and ConditionsBidders are cautioned not to make any assumptions as to the implied meaning or intent of any part of the RFB. Bidders should request clarification or additional information concerning the RFB in writing as soon as possible, but in no event will such requests be received by Home Forward later than November 15, 2019. If, in Home Forward’s opinion, additional information or interpretation is necessary, such information will be supplied in the form of an addendum that will be emailed to all individuals, businesses, etc., on the Prospective Bidders List. Such addenda shall have the same binding effect as though contained in the main body of the RFB. Corrections or clarifications made in any manner other than by written addendum addressed to all Bidders will not be binding on Home Forward and Bidders shall not rely thereon. Any prospective Bidder who contends that the terms and conditions of this RFB, the Contract, or any aspect of the selection process (1) will encourage favoritism in the award of the Contract for Services; (2) will substantially diminish competition; (3) will violate any other statute, regulation (including but not limited to Home Forward’s Public Contracting Rules), policy, or law of any kind; or (4) is ambiguous, insufficient, or unfair for any reason, must file a written protest to the RFB, which must be received by Home Forward on or before November 15, 2019, 2:00PM. Failure to file a protest by this time will be deemed a waiver of any claim by any Bidder that the selection process violates any of the items (1)-(4) of the foregoing sentence.

B. Clarification of BidsHome Forward reserves the right to seek clarification of written Bids. Bidders will provide additional clarifying information in a timely manner.

C. ProtestsFollowing identification of lowest responsive and responsible Bidder(s), Home Forward will issue a Notice of Intent to Award letter to each Bidder.

1. Intent to Award Protest. An adversely affected or aggrieved Bidder may submit a written protest of Home Forward’s decision regarding the Notice of Intent to Award. The protest shall specify the grounds upon which the protest is based. To be adversely-affected or aggrieved, the Bidder must demonstrate that but for Home Forward’s (a) error in failing to reject a non-responsive lower cost Bid, or (b) substantial violation of a provision in the RFB or applicable procurement statute or administrative rule, or (c) error in evaluating the protesting party’s Bid, the protesting party would have been awarded the Contract.

2. Latest Date to Protest. Protests must be received by Home Forward no later than seven (7) calendar days from the date of the Home Forward’s Notice of Intent to Award, unless indicated otherwise in the letter.

3. Protest Delivery. Protests shall be delivered in hard copy to the address below no later than 2:00PM on the protest due date. Late protests shall not be considered. Any protests of this solicitation should be sent to:

Celeste KingProcurement & Contracts Manager Home Forward135 SW Ash Street, 5th FloorPortland, OR 97204

4. Hearing. At the request of the protesting party, a hearing will be conducted before the Manager for Procurement and Contracts or other person so delegated by Home Forward’s Executive Director within seven calendar days after submission of the written protest. The

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Manager for Procurement and Contracts or other person so delegated by Home Forward’s Executive Director shall consider a written protest and issue a written decision on the protest. A protest that is filed in an untimely manner or that fails to allege facts that support a finding that the protestor is an aggrieved Bidder will not be considered.

D. Cancellation or Rejection, Waiver of IrregularitiesHome Forward reserves the right to cancel this solicitation or reject any or all Bids in whole or in part, and to cancel award of this Contract at any time before execution of the Contract by both parties if cancellation or rejection is deemed to be in Home Forward’s best interest. In no event shall Home Forward have any liability for cancellation of award or rejection of Bids. Home Forward reserves the right to waive irregularities or deficiencies in a Bid if such waiver is in the best interest of Home Forward.

E. Cost of Bid PreparationBidders responding to this RFB do so solely at their own expense. Under no circumstances will Home Forward be responsible for or reimburse Bidders for any costs incurred in the preparation and presentation of Bids or for any related expenses or consequential damages.

F. ConfidentialityAll information submitted by Bidders shall be a public record and subject to disclosure pursuant to the Oregon Public Records Act, except such portions of the Bid for which Bidder requests exception from disclosure consistent with Oregon Law. The Bid should identify any confidential information that the Bidder contends is exempt from disclosure under ORS 192.501 or 192.502. Home Forward will endeavor in good faith to honor appropriate requests for exemption from disclosure, but Home Forward reserves exclusive discretion to determine whether information qualifies for a statutory exemption. Home Forward's obligation under this section shall survive selection of the Contractor.

G. Withdrawal of Bids

Any Bid may be withdrawn by delivering a written request to Home Forward at any time prior to the time set for opening Bids. The request shall be executed by a duly authorized representative of the withdrawing Bidder.

H. Reservation of Rights Concerning RFBHome Forward retains exclusive discretion and reserves the right to determine:

1. Whether a Bid is complete and complies with the provisions of this RFB;

2. Whether a Bidder should be allowed to submit supplemental information;

3. Whether irregularities or deficiencies in a Bid should be waived;

4. Whether to seek clarifications of a Bid or request additional information necessary to permit Home Forward to evaluate the Bid;

V. EXHIBITS

Exhibit A – Property Summary ListExhibit B – Site PlansExhibit C – Sample Radon Testing Result AttachmentExhibit D – Sample Personal Services ContractExhibit E – Bid Form (submission requirement)Exhibit F – Certification of Non-Discrimination (submission requirement)

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RFB Exhibit A Property Summary List

Property Street Address ZipNumber of Buildings

Height (floors)

Total UnitsFirst Floor

Units

Approx Testing

Locations

Unit Type (flats/townhouses)

Additional Spaces

Property Group 1:

Cecelia Limited Partnership - New Columbia 4605 N. Trenton 97203 38 3 131 105 131 both -

Humboldt Gardens 5033 N. Vancouver Ave 97217 23 4 130 42 65 both Community building, management offices, laundry rooms

Rockwood Landing 19045 SE Yamhill Street 97233 5 2 36 18 23 flats -

Rockwood Station 19100 E. Burnside 97233 9 3 195 65 83 flats -

Totals 75 492 230 302

Property Group 2:

Haven Limited Partnership - New Columbia 4605 N Trenton 97203 10 1 & 2 44 36 44 both -

Trouton Limited Partnership - New Columbia 4605 N Trenton 97203 58 1, 2, 3 250 170 228 both -

Woolsey Limited Partnership - New Columbia 4605 N Trenton 97203 23 1, 2, 3 131 66 89 both -

Totals 91 425 272 361

Property Group 3:

Bud Clark Commons - Ground Floor Offices/Shelter 655 NW Hoyt St 97209 1 1 - 0 20 - 90-bed shelter, day center, office, community spaces

Bud Clark Commons - Apartments 655 NW Hoyt St 97209 1 8 130 0 26 flats Management, maintenance, and community space

Martha Washington 1115 SW 11th Avenue 97205 1 4 108 0 26 flats Management, maintenance, and community space

Stephens Creek Crossing - North 6715 SW 26th 97219 12 3 75 43 55 flats Community building, management offices, laundry rooms

Stephens Creek Crossing - South 6715 SW 26th 97219 7 3 47 27 34 flats Community building, management offices, laundry rooms

The Jeffrey 1201 SW 11th Ave 97205 1 6 80 0 22 flats Community building, management offices, laundry rooms

Totals 22 440 70 183

Property Group 4:

Fairview Oaks/Woods 22701 NE Halsey St. 97024 28 2 328 200 228 flats -

Totals 28 328 200 228

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RFB Exhibit B Site Plans **Uploaded as Separate Documents on Home Forward Website due to Size**

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RFB Exhibit C Sample Radon Testing Result Attachment

SAMPLE RADON TEST RESULT ATTACHMENT

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******Test Result Summary shall be on your company letterhead *****An editable version will be provided following Contract Award

COMPANY NAMETEST DATESREPORT DATEPROPERTY

UNIT/SPACE RESULT (pCi/L)Community room 2.8Basement 3.3Management Office 4.2111 0.3112 2.8113 7.3114 3.9201 2.2304 1.1407 1.0

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RFB Exhibit D Sample Personal Services Contract

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Contract No.

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THIS AGREEMENT is between Home Forward, a public corporation, located at 135 SW Ash Street, Portland, OR 97204, and whose address referred herein to as "Consultant." In exchange for the promises and other consideration set forth below, the parties agree as follows: 1. Duration: This personal services Agreement shall be effective and shall remain in effect until and including unless terminated or extended as provided in this Agreement. 2. Payment: Home Forward shall pay Contractor services performed in an amount not to exceed dollars and /100s ( ). 3. Terms: Payment for services rendered will be made in accordance with the receipt of approved invoices for services performed. Payment is to be made within thirty (30) days of the receipt of an approved invoice. 4. Scope of Work: Consultant shall provide all services and materials specified below which is incorporated into this Agreement by reference. All services and materials shall be provided by Consultant in accordance with the Scope of Work in a competent and professional manner. All terms on the reverse side of this document are hereby made a part of this AGREEMENT. Contractor Home Forward Signature: _________________________________ Signature: ________________________________ Date: _____________________________________ Date: ____________________________________ Name: ____________________________________ Name: ___________________________________ Title: _____________________________________ Title: _____________________________________ Telephone: ________________________________ Department: _______________________________ Email: ____________________________________ Telephone: _________________________________ Tax I.D. or SS#: ____________________________ Federal tax ID number or Social Security number is required pursuant to ORS 305.385 and will be used for the administration of state, federal and local laws. Payment information will be reported to the Internal Revenue Service under the name and Federal tax ID number, or if none, the Social Security number provided above.

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Contract Administrator: Contract Description:

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Home Forward 135 SW Ash Street 503-802-8300

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Exhibit A: Scope of work and Compensation

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Portland, Oregon 97204 www.homeforward.org

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Personal Services Agreement

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THE PARTIES AGREE AS FOLLOWS:

ARTICLE I: LIABILITY AND INDEMNITYConsultant is an independent Consultant and assumes full responsibility for its performance and assumes full responsibility for all liability for bodily injury or physical damage to persons or property arising out of or related to this Contract, Consultant shall indemnify, defend and hold harmless Home Forward, its elected officials, officers, employees and agents, from any and all claims, demands, damages, actions, losses, and expenses, including attorney's fees, whether before the commencement of litigation at trial or on appeal, arising out of or in any way connected with its performance of this Contract. Consultant is solely responsible for paying Consultant's subConsultants and nothing contained herein shall create or be construed to create any contractual relationship between any subConsultant(s) and Home Forward. Consultant is solely responsible for the acts and omissions of its’ agents, employees, subConsultants, and/or representatives and for all claims.

ARTICLE II: INSURANCEConsultant 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 Consultant, its agents, representatives, employees, or sub-Consultants.

MINIMUM SCOPE OF INSURANCECoverage shall be at least as broad as:1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0 01 10 01).2. Insurance Services Office Additional Insured form (CG 20 37 or CG 20 26).3. Insurance Services Office form number CA 00 01 06 92 covering Automobile Liability, Code 1 (any auto) [required if scope of work includes driving on Home Forward property].4. Workers’ Compensation insurance as required by state law and Employer’s Liability Insurance.5. Professional Errors and Omissions Liability insurance appropriate to the Consultant’s profession.

MINIMUM LIMITS OF INSURANCEConsultant 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 contract 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. Workers’ Compensation (statutory) and Employer’s Liability: $500,000 per accident for Bodily Injury or Disease.4. Professional Errors and Omissions Liability insurance: $1,000,000 per occurrence.

NOTE: These limits can be attained by individual policies or by combining primary and umbrella policies.

DEDUCTIBLES AND SELF-INSURED RETENTIONSAny deductibles or self-insured retentions must be declared to and approved by Home Forward. At the option of Home Forward, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Home Forward, its officers, officials, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to Home Forward guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

OTHER INSURANCE PROVISIONSThe General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:1. Home Forward, its officers, officials, employees, and volunteers are to be covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.2. The Consultant’s insurance coverage shall be primary insurance as respects Home Forward, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by Home Forward, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance.3. Each insurance policy required by these specifications shall be endorsed to state that coverage shall not be cancelled or materially changed, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Home Forward.4. 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 by the Consultant.

ACCEPTABILITY OF INSURERSInsurance is to be placed with insurers with a current A.M. Best’s rating of no less than B+: VI. Consultants must provide written verification of their insurer’s rating.

VERIFICATION OF COVERAGEConsultant shall furnish Home Forward with original certificates and amendatory endorsements effecting coverage required by these specifications. The endorsements should conform fully to the requirements. All certificates and endorsements are to be received and approved by Home Forward in sufficient time before the agreement commences to permit Consultant to remedy any deficiencies. Home Forward 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.

Sub-ConsultantsUse of sub-Consultants must be pre-approved by Home Forward. Consultant shall include all sub-Consultants as insured under its policies or shall furnish separate insurance certificates and endorsements for each sub-Consultant in a manner and in such time as to permit Home Forward to approve them before sub-Consultants’ work begins. All coverage for sub-Consultants shall be subject to all of the requirements stated above.

Notwithstanding this provision, Consultant shall indemnify Home Forward for any claims resulting from the performance or non-performance of the Consultant’s sub-Consultants and/or their failure to be properly insured.

Consultant shall provide Home Forward with a certificate of insurance complying with this article and naming Home Forward as an additional insured within fifteen (15) days of execution of this Contract or twenty-four (24) hours before services under this Contract commence, whichever date is earlier. Notice of any material change or policy cancellation shall be provided to Home Forward thirty days (30) prior to the change.

ARTICLE III: TERMINATIONHome Forward may terminate this Contract upon giving Consultant seven (7) days’ written notice. In the event of termination, Consultant shall be entitled to payment for services received prior to the date of termination. Home Forward shall not be liable for any indirect or consequential, or any other damages whatsoever. Termination by Home Forward shall not waive any claim or remedies it may have against Consultant.

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ARTICLE IV: PUBLIC CONTRACTSAll applicable provisions of ORS Chapters 187 and 279 A, B, & C and all other terms and conditions necessary to be inserted into public contracts in the State of Oregon, are hereby incorporated as if such provision were a part of this Agreement.

ARTICLE V: ATTORNEY'S FEESIn the event of any litigation concerning this Contract, the prevailing party shall be entitled to reasonable attorney's fees and court costs, including fees and costs on appeal to any appellate courts.

ARTICLE VI: QUALITY OF SERVICES Consultant shall perform its services consistent with the professional skill and care ordinarily provided by Consultant practicing the same or similar locality under the same or similar circumstances (the “Standard of Care”. Consultant shall perform its services as expeditiously as is consistent with such professional skill and are and the orderly progress of the Project.

ARTICLE VII: SAFETYIf services of any nature are to be performed in connection with the provision of services pursuant to this Contract, Consultant shall take all necessary precautions for the safety of employees and others in the vicinity of the services being performed and shall comply with all applicable provisions of federal, state and local safety laws and building codes, including the acquisition of any required permits.

ARTICLE VIII: RIGHT TO WITHHOLD PAYMENTSHome Forward shall have the right to withhold from payments due Consultant such sums as necessary, in Home Forward’s sole opinion, to protect Home Forward against any loss, damage or claim which may result from Consultant's performance or failure to perform under this agreement or the failure of Consultant to make proper payment to any suppliers or subConsultants.

ARTICLE IX: COMPLIANCEConsultant shall comply with federal, state, and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, but is not limited to, non-discrimination, safety and health, environmental protection, waste reduction and recycling, fire protection, permits, fees and similar subjects.

ARTICLE X: INTEGRATION OF CONTRACT DOCUMENTSAll of the provisions of any solicitations including, but not limited to, the Advertisement for Bids, General and Special Instructions to Bidders, Proposal, Scope of Work, and Specifications which were utilized in conjunction with this Contract are hereby expressly incorporated by reference. Otherwise, this Contract represents the entire and integrated agreement between Home Forward and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Contract may be amended only by written instrument signed by both Home Forward and Consultant. The law of the state of Oregon shall govern the construction and interpretation of this Contract.

ARTICLE XI: ASSIGNMENTConsultant shall not assign any rights or obligations under or arising from this Contract without prior written consent from Home Forward, which consent shall not be unreasonable withheld.

ARTICLE XII: CONFLICT OF INTERESTNo Home Forward board member, officer, employee, or agent shall have any direct or indirect interest in this contract or its proceeds. No Home Forward board member, officer, employee, or agent shall solicit or accept, and Consultant shall not offer or give to any Home Forward board member, officer, employee, or agent, any gratuities, favors, or anything of monetary value in connection with this contract.

ARTICLE XIII: RECORDSConsultant shall maintain a complete set of records relating to this contract, in accordance with generally accepted accounting procedures. Consultant shall permit Home Forward and any authorized representatives to inspect and audit all work, accounts, and other data and records of Consultant relating to its performance under this contract until the expiration of three (3) years after final payment under this contract.

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RFB Exhibit E Bid Form (submission requirement)

Request for BidsRadon Testing for Home Forward Multiple Properties

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:HF-302

* * BID FORM * *

Project Title: Radon Testing for Multiple Home Forward Properties Job No. 11/19-414

Bids Due: 11:00 AM, Monday, December 02, 2019

TO: Home ForwardAttn: Robert [email protected]

FROM: _________________________________________________________________________

Please assume that no single space at the properties is larger than 2,000 square feet. Bidders may submit a bid on any, some, or all of the 4 property groups. Please write N/A in each box on the Bid Form where you will not be submitting a bid.Note: Any inconclusive readings will need to be retested

BID STATEMENT:

Property Entire Property Bid

Approx. Testing

Locations

Cost per Added Test Location

Property Group 1: Report due: 2/14/2020

Cecelia Limited Partnership - New Columbia 131

Humboldt Gardens 65 Rockwood Landing 23 Rockwood Station 83

Total 302

Property Group 2: Report due: 2/14/2020

Haven Limited Partnership - New Columbia 44 Trouton Limited Partnership - New Columbia 228

Woolsey Limited Partnership - New Columbia 89

Total 361

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Request for BidsRadon Testing for Home Forward Multiple Properties

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Property Group 3: Report due: 3/19/2020Bud Clark Commons (Ground Floor Offices and Shelter) 20

Bud Clark Commons (Apartments) 26 Martha Washington 26 Stephens Creek Crossing - North 55 Stephens Creek Crossing - South 34 The Jeffrey 22

Total 183

Property Group 4: Report due: 3/19/2020Fairview Oaks/Woods 228

Total 228

List of Addenda Received (if any): ___________________

ATTEST:

Bidder's Name

Bidder Signature: Date:

Attach fees & expenses on a time & materials basis as a separate sheet.

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RFB Exhibit F Certification of Non-Discrimination (submission requirement)

CERTIFICATION OF NON-DISCRIMINATION

The undersigned proposer is aware that, under ORS 279A.110, no proposer who contracts with a public contracting agency may discriminate against minority, women or emerging small businesses in the awarding of subcontracts. Accordingly, the undersigned proposer hereby certifies as part of its proposal submission that it has not and will not discriminate against any minority, women, or emerging small business enterprises in obtaining any of the required subcontracts for this Project.

Business Name:

Proposer Name:

Signature:

Title:

Dated:

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