WORCESTER HOUSING AUTHORITY

Transcription

1 WORCESTER HOUSING AUTHORITY CONTRACT FOR THE MAINTENANCE DEPT. INVITATION FOR BIDS NO SOLID SURFACE COUNTERTOPS, RELATED MATERIALS & CERTIFIED TRAINING Issued Date: March 25, 2013 Due Date: April 8, 10:00 a.m. Issued by: Worcester Housing Authority Purchasing Department 69 Tacoma St., Worcester, MA (508) , TDD (508) Fax: (508) EXECUTIVE DIRECTOR, RAYMOND V. MARIANO

2 Worcester Housing Authority IFB #13-08 Solid Surface Countertops Materials & Supplies Table of Contents Invitation For Bid 3 Section Page 1. Introduction 4 2. IFB Terms and Conditions Bid Instructions Withdrawal of Bids 5 5. Bid Submission Contract Award 5 7. References 5 8. Bid Specification 5-7 a. Exhibits A. Form of Contract B. Instructions to Offerors for Non-Construction HUD 5369 B C. General Contract Conditions (Non-Construction) HUD 5370 C2 9. Appendix(*) 1. Certifications and Representations of Offerors, Non-Construction Contract HUD 5369 C 2. Certificate of Corporation Clerk 3. Non-Collusion Affidavit 4. Certificate of Tax Compliance 5. Reference Form 6. Form of Bid Proposal 7. Manufacturer Technical Specification Sheets (Provided by Bidder) (*Note: All items under paragraph X. Appendix are to be submitted as part of the bid response.) WHA IFB #13-08 Solid Surface Countertops (Re-bid) 2 of 33

3 WORCESTER HOUSING AUTHORITY SUPPLY & DELIVERY OF SOLID SURFACE COUNTERTOPS AND RELATED SUPPLIES INVITATION FOR BIDS The Worcester Housing Authority (WHA) is requesting sealed bids from qualified Bidders for the Supply and Delivery of Solid Surface Countertops (Maui Quartz color) and related supplies, including certified training for WHA s employees. This IFB is issued in accordance with the provisions of M.G.L. Chapter 30B. IFB packages may be obtained after 10:00 a.m. on March 25, Notices of this IFB will be ed to all bidders appearing on the Bidder s List. Interested bidders must call (508) or Cappoli@worcester-housing.com and request an IFB package be mailed to them (please mention or include the Bid No Solid Surface Countertops in the Subject line of your ). All bids shall be received no later: 10:00 a.m., Thursday, April 8, At that time, all bids will be opened and read out loud. Envelopes containing bids must be plainly marked as Bid NO Solid Surface Countertops with the date and time of bid opening clearly indicated on the outside of the envelope. All bids shall be mailed or delivered to: Worcester Housing Authority Purchasing Department Attn: Re Cappoli 69 Tacoma Street Worcester, MA Award will be made to the low responsive and responsible bidder providing the WHA with best prices for the items and quality as indicated in the Technical Specifications. The WHA reserves the right to award/ not award a contract as deemed to be in the best interest of the WHA The term of this contract shall extend for 12 months, beginning on the day of full execution, and have the option to extend, at the sole discretion of the WHA, for 2 additional one year terms, in accordance with the contract pricing, for each individual year and no change to the terms and conditions. The WHA estimated cost for all purchases under this contract will be approximately $50,000 per year. The WHA does not guarantee the purchase of any specific minimum quantities. The Authority reserve the right to cancel this IFB, or to reject, in whole or in part, any and all proposals received in response to this IFB, upon its determination that such cancellation or rejection is in the best interest of the Authority. The Authority further reserves the right to waive any minor errors or nonconformance in the bids received. Award of the contract is subject to approval by the WHA Executive Director. Worcester Housing Authority Re Cappoli Chief Procurement Officer March 25, 2013 WHA IFB #13-08 Solid Surface Countertops (Re-bid) 3 of 33

4 I. INTRODUCTION The purpose of this procurement is for the solicitation of bids for the purchase of Solid Surface Countertops and Related Supplies along with providing Certified Training as specified herein and currently being used at various Worcester Housing Authority residential properties. Bidders are invited to all questions regarding products/ services/contract requirements to Re Cappoli, Chief Procurement Officer at: Failure to do so will be no defense in the failure to perform contract terms. Failure to examine the bid package will not relieve the Bidder from any obligation under the bid as submitted. II. IFB TERMS AND CONDITIONS All bids must comply with the provisions of this Invitation for Bids (IFB). If it becomes necessary to revise any part of this IFB, then the WHA will issue an Addendum. Any Addendum issued will be provided in writing to all prospective Bidders that have requested a copy of this IFB package. Any and all Addenda issued will be incorporated within the IFB by reference. The Chief Procurement Officer will reject proposals that are incomplete, not properly endorsed or signed, or otherwise contrary to these instructions as being informal. Conditional proposals will not be accepted. Estimated quantities indicated on the Bid Form or elsewhere in the IFB or Drawings are estimates only and are given solely as a basis for the comparison of bids. WHA does not by implication or otherwise guarantee them to be even approximately correct. The Contractor shall have no claim for additional compensation, or refuse to do the work called for, by reason of the actual quantities involved being greater or lesser by any amount than those called for in the proposal. The WHA reserves the right to rescind this IFB, if, in the judgment of the WHA, there are no bids responsive to this request, or should funding availability be less than anticipated. The WHA is not required to award the maximum funding amount requested to any or all Bidders. The selected bidder(s) agrees to provide solid surface Countertops and related supplies to the WHA as detailed in the bid and in accordance with the submitted bid documents. The WHA reserves the right to award the contract to the Bidder with the bid proposal that is most responsible and responsive. The WHA Executive Director will have final approval of all recommendations. The WHA further reserves the right to modify or amend contract terms during the term of the contract, should the successful Bidder fail to meet contract obligations. If the selected finalist(s) fail(s) to enter into a contract within five (5) days following the funding award announcement, then the WHA reserves the right to award the contract to the next most advantageous Bidder. WHA IFB #13-08 Solid Surface Countertops (Re-bid) 4 of 33

5 The WHA is exempt from payment of Federal Excise Tax and from payment of Massachusetts Sale tax. Any prices quoted as part of the bid proposal should not include payment of these taxes. The Bidder will be required to indemnify and save harmless the Worcester Housing Authority, for all damages to life and property that may occur due to his negligence or that of his employees, etc. during this contract. Public Liability Insurance. The Bidder will provide the WHA with Certificates of Insurance covering public liability in an amount not less that $500, for damages to one person, and not less than $1M per accident. The Bidder will name the WHA as co-insured on said policy. Property Damage Insurance. The Bidder will provide the WHA with Certificates of Insurance covering property damage in an amount not less that $500, for damages on account of one accident, and not less than $1M for all accidents. The Bidder will name the WHA as co-insured on said policy. Workers Compensation Insurance. Bidder will furnish the WHA with Certificates of Insurance covering all employees funded through contract with the WHA, as being protected under a worker s compensation policy. It is understood and agreed that it shall be a material breach of any contract resulting from this proposal for the Bidder to engage in any practice that may violate any provisions of M.G.L. c. 151B, relative to discrimination in hiring, discharge, compensation, or terms, conditions or privileges of employment because of race, color, religious creed, national origin, sex age and ancestry. III. BID INSTRUCTIONS A. Bidder s Representations: 1. Each Bidder, by making a bid represents: a. The Bidder has read and understands the bid package and the bid is made in accordance therewith; B. MBE and WBE Participation Bidders should plan to establish a minimum goal of 20% of total supplies/services to be procured from SOWMBA Certified Minority and Women Business enterprises. C. Request for Interpretation 1. Bidders shall promptly notify the WHA of any ambiguity, inconsistency or error which it may discover upon examination of the bid documents. 2. Bidders requiring a clarification or interpretation of the bid documents shall make a written request to the WHA. The WHA will answer such requests if received at least four (4) calendar days before the date bids are to be submitted to the WHA. Interpretation, correction or change in the bid documents will be made by Addendum which will become part of the Invitation for Bid package. The WHA will not be held accountable for any oral instructions. Addenda will either be mailed by the WHA by first class mail or sent by facsimile transmission to every individual or firm on record as having taken /requested an IFB. Copies of Addenda will be made available for inspection at the location(s) listed in the Advertisement where bid documents are on file. WHA IFB #13-08 Solid Surface Countertops (Re-bid) 5 of 33

6 D. Preparation and Submission of Bids Bids must be submitted on the Form of Bid Proposal. Bids should be typed or may be printed in ink. 1. Where indicated on the Bid form, sums must be expressed in both words and numerically. If there is a discrepancy between the bid sum expressed in words and those expressed numerically, the words shall control. 2. If Bid Bonds are required as part of the Bid, then: a. It must equal at least 5% of the greatest possible bid amount, considering all alternates; b. Made payable to the WHA and in the form of cash, certified check, treasurer s or cashier s check issued by a responsible bank or trust company; c. Issued by a surety company licensed to do business in the Commonwealth of Massachusetts; and d. Shall be conditioned upon faithful performance by the principal of the agreements contained in the bid. e. Bid bonds of the three (3) lowest responsible and eligible Bidders shall be retained until the execution and delivery of the fully executed contract agreement. 3. Bidders should review their bid to ensure that it is complete, properly endorsed or signed. Incomplete bids will be rejected. IV. WITHDRAWAL OF BIDS Prior to bid opening, any bid may be withdrawn, upon written request, prior to the time and date set for the bid opening. Withdrawal of bids must be confirmed over the Bidder s signature. Requests to withdraw bids may be transmitted by first class mail, by facsimile transmission or by personal in-hand delivery. Bids may be re-submitted up to the time and date designated for the receipt of bids. Bidder may also modify a bid by written notice if received by the WHA prior to the time and date set for the bid opening. Bid modifications must be submitted in a sealed envelope clearly labeled Modification No.. Each modification must be numbered in sequence and must reference the original IFB. After the bid opening, a Bidder may not change any provision of the bid in a manner prejudicial to the interests of the WHA or fair competition. Minor informalities will be waived or the Bidder will be allowed to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid and the Bidder will be notified in writing. In such instance, the Bidder may not withdraw the bid. Bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident. WHA IFB #13-08 Solid Surface Countertops (Re-bid) 6 of 33

7 V. BID SUBMISSION Completed bids, including bid bonds or deposits and any other required documents should be enclosed in a sealed envelope and plainly marked as: Bid for Solid Surface Countertops and Related Supplies Worcester Housing Authority Bidder s Name, Business Address and Phone Number Timely delivery of completed bids is the responsibility of the Bidder. VI. CONTRACT AWARD The contract award shall be made to the responsive and responsible Bidder who meets quality requirements and offers the lowest price. Award shall be made by the WHA Executive Director. In its discretion, the WHA may award a single contract for the items listed herein. All contracts will be awarded to the responsive and responsible Bidder offering the lowest prices and who meets quality requirements for each item. The WHA reserves the right to waive any informality in or to reject any or all bids if it be deemed by the WHA as in the public interest to do so. The WHA will award the contract to the lowest responsible and eligible Bidder within thirty (30) days, Saturdays, Sundays and legal holidays excluded, after the opening of bids. The final contract shall not be valid until fully executed by both parties. VII. REFERENCES Bidders must submit a complete list of customers who have purchased solid surface Countertops materials in the past five (5) years. Please use the Reference Form attached hereto. THIS SPACE INTENTIONALLY LEFT BLANK WHA IFB #13-08 Solid Surface Countertops (Re-bid) 7 of 33

8 VIII. BID SPECIFICATIONS 1. TYPES OF SOLID SURFACE COUNTERTOPS SOLICITED AND ESTIMATED REQUIREMENTS: A. Solid surface Countertops products being solicited must meet the specifications for resin solid surface sheet material (provided here within, page 9). The vendor will refer to the Specifications sheet attached for complete product physical features and performance properties. Trade names, brand names, catalogue numbers or references, stock or part numbers, etc. shown on the form of bid worksheets or in other portions of this Invitation For Bids are used for descriptive purposes only and to identify the type and quality of items desired. They are not intended to be restrictive, and bids on other brands of equal or similar quality will be considered. Bidders shall show in the spaces on the form of bid worksheet, under manufacturer/alternate manufacturer column, the brands or trade names and model numbers of the item(s) upon which bids are offered. Item #1. Solid Surface Countertops, color Maui Quartz/Maui Quartz ½ x 30 x 144 sheet Item #2. Joint Adhesive, matching color, tube size Maui Quartz 250 ML(12 pcs/cs) OR Maui Quartz 50 ML (50 pcs/cs) Item#3. Sealant, matching color, tube size Maui Quartz 304 ML (12 pcs/cs) Products that the WHA will consider as acceptable must meet the specifications for physical features and performance properties for all resin solid surface sheet material, and be of comparable technical and physical dimensions to allow for ease of comparison by WHA staff. Item #4. In Addition, company selected for award will provide certified training of up to 6 Worcester Housing Authority carpenters in the fabrication and installation of the material, at the WHA s shop site, in order to maintain warranty. The price provided here shall be all inclusive and WHA will not provide additional compensation for any materials, labor, supplies, equipment, travel expenses, etc. to complete this task. This shall be a lump sum item and bidders must include all their costs to provide this service in the lump sum price. Delivery of materials orders shall be made within 3-5 working days of order placement. The low Bidder will be responsible for providing a full size sample, completely free of charge to the WHA, upon request from the WHA to determine if the product meets the requirements. B. The estimated one-year requirements are as follows: Item#1 - Solid Surface Countertops -estimated quantity 135 pieces size ½ x30 x144 Item#2 Joint Adhesive - estimated quantity of 250ML size (12 tubes per case x 12 cs=144 tubes) OR 50ML size (50 tubes per case x 6 cs= 300 tubes) Item#3 Sealant - estimated quantity of 304 ML size (12 tubes per case x 12cs = 144 tubes) WHA IFB #13-08 Solid Surface Countertops (Re-bid) 8 of 33

9 C. Deliveries of products to be scheduled in the following quantities and as requested by the Purchasing Department. Item #1 Item #2 Item #3 minimum of 15 pieces per requested delivery minimum of 1 carton per requested delivery minimum of 1 carton per requested delivery 2. BIDDER S RESPONSIBILITES: At time of bid submittal, it shall be the Bidder s responsibility to submit individual Manufacturer s Technical Specification sheets for each solid surface material product, including adhesive and sealant, being proposed by the Bidder. 3. CONTRACT PRICE AND PAYMENTS. The Bidder will provide firm per-piece prices for the one year contract term. For each delivery, Bidder will provide a written detailed statement to the WHA indicating delivery date, unit cost, quantity of product delivered, and extended total dollar amount of invoice. The WHA will pay the Bidder during the contract term the per- piece contract price. All bid costs shall be FOB delivered Worcester, MA, with no additional freight charges. 4. BIDDER S WARRANTY The Bidder warrants that all products furnished shall meet or exceed the specifications stated. Products will be suitable for the stated purposes of application. Materials shall be warranted for 15 years minimum. Questions concerning the specifications must be submitted in writing and faxed to (508) All questions shall be answered in the form of an addendum. Specification for Resin Solid Surface Material 1. Shall be composed of approximately a. 100% Acrylic b. Pigments 2. Shall be non-porous 3. Stain and chemical resistant 4. Have a Class 1 Fire rating 5. Finished to a high-gloss, using a 5-step polishing process and shipped with surface protection between sheets 6. Shipped in a protective wood crate material and palletized for ease of unloading with a fork-lift (for quantities of 15 sheets) 7. Warranted for 10 years minimum 8. Utilized two-part adhesive, if a proprietary adhesive product must be used in order to maintain warranty, this must be indicated as part of the bid. WHA IFB #13-08 Solid Surface Countertops (Re-bid) 9 of 33

10 In addition, 1. Company provided certified training of up to 6 Worcester Housing Authority (WHA) carpenters in the fabrication and installation of the material, at the WHA shop site, in order to maintain warranty. 2. Delivery is requested within 3-5 business days of order placement. Physical Features Property Result Test Density Lbs/in ASTM D-792 Rockwell Hardness 90 ASTM D-785 Barcol Hardness 65 ASTM D-2583 Tensile Strength psi 5,500 ASTM D-638 Tensile Modulus psi 1.35 x 10 6 ASTM D-638 Flexural Strength psi ASTM D-790 Flexural Modulus psi 1.34 x 10 6 ASTM D-790 Izod Impact Strength Ft.lbs/in 0.26 ASTM D-256 Water Absorption % (1/2 sheet) 0.04 ASTM D-570 Heat Distortion Temperature 0 F ASTM D-648 Linear Thermal Expansion in/in 0 F 2.12 x 10 6 ASTM E Weatherability 1000 hr test No change STM D-1499 Radiant Heat Resistance Seconds 600+ (pass) NEMA LD Impact Resistance in. 60 (pass) ISSFA SST Thickness= Flatness of Sheets in. (pass) Length:<0.010 Width: <0.020 ISSFA SST Performance Properties Property Result Test Consistency of Color (same sheet) Pass ISSFA SST Cleanability Stain Rating Pass ISSFA SST Visual Defects Pass ISSFA SST Light Resistance No Effect/Pass ISSFA SST Boiling Water Resistance No Effect/Pass ISSFA SST re:nema LD3-3.5 High Temperature Resistance No Effect/Pass ISSFA SST re:nema LD3-3.6 Flammability Rating Class 1/Class A ASTM E-84 Fungal/Bacterial Resistance Approved for use in all food zones ANSI/NSF Standard 51 End of Section WHA IFB #13-08 Solid Surface Countertops (Re-bid) 10 of 33

11 EXHIBIT A Contract Documents This section of the IFB is informational only, a sample of the contract documents that will be provided upon award, and does not need to be returned with the bid. WHA IFB #13-08 Solid Surface Countertops (Re-bid) 11 of 33

12 WORCESTER HOUSING AUTHORITY AGREEMENT No. P13-08 SOLID SURFACE COUNTERTOPS THIS AGREEMENT is entered into this day of 2013, by and between the Worcester Housing Authority, a body politic and corporate with principal offices located at 40 Belmont St., Worcester, MA, (hereinafter referred to as WHA ) and Contractor Name Address City, State, Zip Phone/Fax (hereinafter referred to as the Contractor ) This Agreement consists of four parts: Section A. General Provisions; Section B. Scope of Work/ Specifications; Section C. Budget/Compensation/Bid Form; and Conditions Thereof ; Section D. All other referenced attachments. WITNESSETH WHEREAS, the WHA has been authorized by its Board of Commissioners to enter into contracts on behalf of the WHA and funded under federal and/or state funding sources as identified herein; and WHEREAS, the WHA is undertaking certain activities pursuant to grant or other funding source requirements; and WHEREAS, the WHA and the Contractor do mutually agree as follows: Section A: General Provisions: The Contractor agrees to: provide Solid Surface Countertops, Related Supplies, and Training as provided herein, and for items as awarded by the WHA. 1. Work Statement All work to be performed as set forth in Section B, Scope of Work of this Agreement. 2. Term of Agreement a. The term of this contract shall extend for 12 months, from the day of contract execution. The WHA, at its sole discretion, shall have the option to extend the contract for two additional one year terms in accordance with the pricing provided in the Bid Form and not other changes to the terms and conditions. WHA IFB #13-08 Solid Surface Countertops (Re-bid) 12 of 33

13 b. This period of performance may be amended, extended or renewed only by duly signed written agreement of the parties. 3. Obligational Amount The WHA agrees to compensate the Contractor under this Agreement only for purchases made by the WHA during the term of the contract period. This contract does not guaranty an expenditure floor or minimum nor does it provide an expenditure ceiling. 4. Cost Limitations Funds will be made available by the WHA to the Contractor consistent with Section C, Budget/Compensation; and Conditions Thereof, which defines as costs which are necessary and reasonable for the proper and efficient performance of services under this Agreement. 5. Availability of Funds a. This Agreement is contingent upon the receipt of funds and continued authorization for program/project activities and services. In the event that such become unavailable for any reason, or authorization for the activities described herein is withdrawn or otherwise modified, the WHA has the unilateral right and discretion to terminate this Agreement upon five (5) days written notice. In the event of such termination, the procedures outlined under clause 10 Conditions of Termination, herein, shall become operative. b. In the event that funds are reduced, or authorization for program/project activities modified, the WHA also retains the unilateral right and discretion to modify this Agreement pursuant to clause 7 Reduction of Contract Obligational Amount. 6. Reduction of Contract Obligational Amount a. In the event funds to the WHA are reduced for any reason, the WHA may unilaterally reduce funding of this Agreement upon five (5) days written notice to the Contractor. A reduction of services commensurate with reduction of funding will be determined by the WHA. b. The WHA reserves the right to reduce the obligational amount under this Agreement in the event that expenditure of funds by the Contractor for eligible activities is at such a rate as to likely result in a surplus at the termination date of this Agreement. 7. Termination of Agreement a. Termination by the WHA i. Termination for Cause If the Contractor fails to perform in a timely and proper manner its obligations under this Agreement, or if the Contractor violates any of the terms, covenants and/or conditions of this Agreement, the WHA may terminate this Agreement, in whole or in part, by giving five (5) days written notice of termination to the Contractor of said termination, specifying the reason(s) thereof. WHA IFB #13-08 Solid Surface Countertops (Re-bid) 13 of 33

14 ii. Termination for Fraud This Agreement will be terminated immediately in the event of fraud or program abuse. iii. Termination for Convenience The WHA may terminate this Agreement, in whole or in part, when such termination is deemed to be in the best interest of the WHA. In such case, the WHA may terminate this Agreement by giving thirty (30) days written notice of termination. iv. Termination Due to Unavailability of Funds The WHA may terminate this Agreement, in whole or in part, upon five (5) days written notice of termination based upon funding availability as described in clause 6. b. Termination of Agreement by Contractor 1. In the event the WHA shall fail to fulfill its obligations under this Agreement, or in the event the WHA shall violate any of the terms, covenants and conditions of this Agreement, the Contractor shall, after an administrative hearing and determination that a breach exists, have the right to terminate this Agreement, by giving a thirty (30) day written notice of termination. 2. The administrative hearing shall be conducted by the WHA within fifteen (15) days of receipt of written hearing request. 8. Conditions of Termination a. In any and all cases of termination of Agreement, as described above, all records, documents, assets, property and equipment purchased by the Contractor, on behalf of the WHA, with funds provided under this Agreement, shall at the option of the WHA become the property of the WHA. b. In case of termination, the Contractor shall be entitled to receive compensation for any work satisfactorily completed or shall be entitled to costs incurred to the date of termination. Such compensation shall be as described in Section C, Conditions of Compensation. c. The Contractor, in case of such termination, as outlined in Clause 7, shall not be relieved of liability to the WHA for damages sustained for personal injury, property damage and/or by virtue of any breach of the Agreement by the Contractor. d. Upon such termination, the WHA may withhold any payments to the Contractor for the purpose of set-off until such time as exact amount of damages to the WHA is determined. 9. Withholding of Payment a. If the Contractor is found to be in non-compliance with any provision of this Agreement, the WHA will notify the Contractor in writing and the Contractor will be allowed fifteen (15) days to meet compliance requirements. WHA IFB #13-08 Solid Surface Countertops (Re-bid) 14 of 33

15 b. If, after said fifteen (15) day period, the Contractor fails to comply, the WHA may reduce or withhold payment to the Contractor until such compliance is rendered. 10. Assurances The Contractor accepts sole responsibility for ensuring that all activities undertaken pursuant to this Agreement comply with all applicable federal, state and local laws, rules and regulations. 11. Subcontracts The Contractor shall not subcontract, assign or transfer any of the services provided under this Agreement without the prior written consent of the WHA. 12. Conflict of Interest Issues of conflict of interest shall be resolved according to M.G.L. c. 268A and the requirements of any and all public funding source under this Agreement, whichever is more restrictive. It is the responsibility of the Contractor to ensure that all conflict of interest requirements are adhered to. 13. Reports and Record Keeping a. The Contractor agrees to submit all written reports and financial invoices to the WHA as required and in accordance with all reporting formats provided and specified herein, if any. b. The Contractor agrees to retain said reports, records and supporting documentation for six (6) years, or until such time any issues in an open audit are resolved. c. The Contractor agrees to comply with Massachusetts Public Records Law, M.G.L. c. 66, and relevant federal and/or local statutes, rules or regulations, whichever is more restrictive, regarding record retention. 14. Indemnification a. The Contractor shall indemnify and hold harmless the WHA, and its officers or agents, from any and all third party claims arising from activities under this Agreement as set forth in M.G.L. c. 258, 2 as amended. b. The Contractor will hold harmless the WHA for damages arising from negligence, violation of the federal/state funding authority requirements, and/or failure to secure required and necessary insurance. c. The Contractor upon execution of this Agreement and throughout its term, unless otherwise provided by law shall procure workers compensation, fire, theft, casualty, extended coverage, personal liability, and any other pertinent insurance for the purpose of insuring property purchased with public funds under this Agreement; for the protection of personnel employed by the Contractor as a result of this Agreement; and for individuals participating in agency activities as a result of this Agreement. 1. Public Liability Insurance. The Contractor shall provide the WHA with Certificates of Insurance covering public liability in an amount not less than $1,000, for damages to one person and not less than $2 million per incident. WHA IFB #13-08 Solid Surface Countertops (Re-bid) 15 of 33

16 15. Copyright 2. Property Damage Insurance. The Contractor shall provide the WHA with Certificates of Insurance covering property damage in an amount not less than $1,000, for one accident and not less than $2 million for all accidents. 3. Workers Compensation Insurance. The Contractor will furnish the WHA with Certificates of insurance covering all employees funded through this Agreement with the WHA, as being protected under the policy. 4. Upon execution of this Agreement, the Contractor shall submit a copy of the Certificates of Insurance identifying the WHA as co-insured. d. If the Contractor self-insures, as provided by the laws of the Commonwealth, the Contractor will provide certification of the value of said self-insurance, as well as certification that coverage is extended for the protection of personnel, program participants and property purchased with funds under this Agreement. e. If the Contractor under Section C herein is required to procure fiduciary insurance, then the Contractor shall procure such fiduciary insurance from a responsible bonding company authorized to do business within the Commonwealth. The Contractor shall bond all personnel employed with financial responsibilities. No reports, maps or other documents produced in whole or in part under this Agreement shall be subject to a copyright, patent by or on behalf of the Contractor, unless the WHA is given unlimited license to use such copyright or patent. 16. Title to Equipment a. Title to any equipment purchased with funds under this Agreement, and on behalf of the WHA, for its exclusive use, and valued over two hundred fifty dollars ($250.00) shall be retained by the WHA. At the termination of this Agreement, and any subsequent Agreement regarding the continuation of program services, the WHA may take possession of the equipment to ensure its continued use in activities fully compatible with the goals and mission of the WHA. b. The Contractor shall establish and keep current an inventory of all non-expendable supplies and equipment purchased by funds provided under this Agreement and on behalf of the WHA. 17. Personnel Procedures a. Personnel employed by the Contractor under this Agreement shall not be considered employees of the WHA. b. The Contractor shall not discriminate against any qualified employee or applicant for employment because of race, national origin, age, sex, religion or physical or mental handicap. The Contractor agrees to comply with all applicable federal and state laws, rules and regulations prohibiting discrimination in employment. WHA IFB #13-08 Solid Surface Countertops (Re-bid) 16 of 33

17 18. Amendments a. From time to time, either party to this Agreement may request changes in the scope of services, operational plan, conditions of compensation, budget or term of the Agreement. Such changes, which are mutually agreed upon by the WHA and the Contractor, must be incorporated into this Agreement by written amendment and duly executed by both parties. b. In the event that federal or state policies or procedures governing this Agreement are modified during the period of performance as described under clause 2, such modification shall be incorporated into this Agreement by reference to same. 19. Advertising All advertising related to this Agreement, i.e. stationery, press releases, newspaper articles, pamphlets and flyers, must refer to the WHA as a funding source. Copies of such materials are to be sent to the WHA in advance of publication. 20. Severability If any provision in this Agreement is determined to be illegal, unenforceable or void by a court of competent jurisdiction, then that provision shall be deemed severed from this Agreement. All other provisions of this Agreement shall continue in full force. 21. Governing Laws and Jurisdiction The WHA and the Contractor do mutually agree that the laws of the Commonwealth of Massachusetts govern this Agreement, except as otherwise provided by federal law, rules and regulations with respect to federal funds. The parties further agree that jurisdiction over any dispute arising out of this Agreement shall be limited to any court of competent jurisdiction within the Commonwealth of Massachusetts. IN WITNESS THEREOF the WORCESTER HOUSING AUTHORITY and ( )of ( ) have executed this Agreement as of the Date first above written. Contractor BY: Title: Worcester Housing Authority Raymond V. Mariano, Executive Director END OF SECTION WHA IFB #13-08 Solid Surface Countertops (Re-bid) 17 of 33

18 Exhibit B Instructions to Offerors for Non-Construction Contract (HUD 5369B) WHA IFB #13-08 Solid Surface Countertops (Re-bid) 18 of 33

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20 END OF SECTION WHA IFB #13-08 Solid Surface Countertops (Re-bid) 20 of 33

21 Exhibit C General Contract Conditions (Non-Construction) (HUD 5370 C2) WHA IFB #13-08 Solid Surface Countertops (Re-bid) 21 of 33

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24 END OF SECTION The above section of the IFB are informational only, a sample of the contract documents that will be provided upon award, and do not need to be returned with the bid. WHA IFB #13-08 Solid Surface Countertops (Re-bid) 24 of 33

25 X. APPENDIX Note: All of the Items below are to be submitted as part of the Bid response. 1. Certifications and Representations of Offerors HUD 5369C 2. Certificate of Corporate Clerk 3. Non-Collusion Affidavit 4. Certificate of Tax Compliance 5. Reference Form 6. Form of Bid Proposal 7. Manufacturer Technical Specification Sheets (Provided by Bidder) Note: All of the above Items are to be submitted as part of the Bid response. WHA IFB #13-08 Solid Surface Countertops (Re-bid) 25 of 33

26 WHA IFB #13-08 Solid Surface Countertops (Re-bid) 26 of 33

27 END OF SECTION WHA IFB #13-08 Solid Surface Countertops (Re-bid) 27 of 33

28 CERTIFICATE OF CORPORATION CLERK (For use when Bidder is a Corporation) The undersigned Clerk of a corporation, duly organized and existing under the laws of the State of, hereby certifies that the following are true and correct copies of votes duly adopted by the Board of Directors of said corporation at a meeting thereof held on, at which meeting a quorum of said Board was present and voted in favor of said votes. VOTED: That in his capacity as of this corporation be authorized, and he is hereby so authorized, to prepare and execute a proposal to the Worcester Housing Authority in response to its invitation for bid for Solid Surface Countertops & Related Supplies ; and that such proposal may be submitted upon such terms and conditions as he shall decide. VOTED: That he be further authorized, and he is hereby so authorized, to execute and deliver the contract documents for such work upon such terms and conditions as he shall decide; VOTED: That he be further authorized, and he is hereby so authorized, to execute and deliver a performance bond and a payment bond with respect to said contract upon such terms and conditions as he shall decide: VOTED: Further, that his signatures on said documents shall constitute conclusive evidence that they have been authorized by this vote. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said ( Name of Corporation) this day of, 20. (Corporate Clerk) CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals. Signature of individual submitting bid or proposal Name of business COMMONWEALTH OF MASSACHUSETTS County of, ss., 20( ) On this day of, 20( ) before me, the undersigned Notary Public, personally appeared the above-named and proved to me through satisfactory evidence of identification, which was, to be the person whose name is signed on this document, and acknowledged to me that he/she signed it voluntary for its stated purpose and that it is their free act and deed. Notary Public (Name and Seal) My Commission Expires: WHA IFB #13-08 Solid Surface Countertops (Re-bid) 28 of 33

29 CERTIFICATE OF TAX COMPLIANCE REAP CERTIFICATION: Pursuant to M.G.L. c. 62 c, sec. 49 (a), The individual signing this Contract on behalf of the Contractor, hereby certifies, under the penalties of perjury, that to the best of their knowledge and belief the Contractor has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. Name of Contractor Street Address City / State / Zip Phone / Fax Address By: Signature Print Name here WHA IFB #13-08 Solid Surface Countertops (Re-bid) 29 of 33

30 REFERENCE FORM List all contracts within the past five (5) years that are of similar size, scope and dollar amount to this contract. For each contract complete the following information: REFERENCE: ADDRESS: CONTACT: PHONE/ Description and dates of service with contract $$ value. REFERENCE: ADDRESS: CONTACT: PHONE/ Description and dates of service with contract $$ value. REFERENCE: ADDRESS: CONTACT: PHONE/ Description and dates of service with contract $$ value. REFERENCE: ADDRESS: CONTACT: PHONE/ Description and dates of service with contract $$ value. WHA IFB #13-08 Solid Surface Countertops (Re-bid) 30 of 33

31 WORCESTER HOUSING AUTHORITY FORM OF BID PROPOSAL No SOLID SURFACE COUNTERTOPS A. PROPOSAL The undersigned proposes to furnish all labor and materials required to provide Solid Surface Countertops, Related Supplies, with Certified Training of WHA carpenters, for a One Year Period. The work is to be done in accordance with the following specifications listed below: VIII. Bid Specifications B. ADDENDA: Bidder hereby acknowledges addenda numbered:,,,,, C. CONTRACT PRICE Award will be made based on the lowest total cost of the following items: *PLEASE NOTE: Bidders must provide a price for only ONE of the Joint Adhesives listed. WHA will ONLY purchase one of the different sizes available. Year 1 Est. Unit Unit Description Qty. Measure Cost Total Solid Surface ½ x 30 x Sheets $ $ Joint Adhesive Maui Quartz/Bond 250ML* 144 Tubes $ $ Joint Adhesive Maui Quartz/Bond 50ML* 300 Tubes $ $ Sealant, Matching color, Maui Quartz/Bond 304ML 144 Tubes $ $ Certified Training of up to 6 carpenters - ALL 1 Lump Sum $ $ INCLUSIVE (training, labor, materials, supplies, expenses, travel time, travel cost, etc.) Year 1 - TOTAL $ Year 2 Est. Unit Unit Description Qty. Measure Cost Total Solid Surface ½ x 30 x Sheets $ $ Joint Adhesive Maui Quartz/Bond 250ML* 144 Tubes $ $ Joint Adhesive Maui Quartz/Bond 50ML* 300 Tubes $ $ Sealant, Matching color, Maui Quartz/Bond 304ML 144 Tubes $ $ Certified Training of up to 6 carpenters - ALL 1 Lump Sum $ $ INCLUSIVE (training, labor, materials, supplies, expenses, travel time, travel cost, etc.) Year 2 - TOTAL $ Year 3 Est. Unit Unit Description Qty. Measure Cost Total Solid Surface ½ x 30 x Sheets $ $ Joint Adhesive Maui Quartz/Bond 250ML* 144 Tubes $ $ Joint Adhesive Maui Quartz/Bond 50ML* 300 Tubes $ $ Sealant, Matching color, Maui Quartz/Bond 304ML 144 Tubes $ $ Certified Training of up to 6 carpenters - ALL 1 Lump Sum $ $ INCLUSIVE (training, labor, materials, supplies, expenses, travel time, travel cost, etc.) Year 3 - TOTAL $ Company Name: Continued WHA IFB #13-08 Solid Surface Countertops (Re-bid) 31 of 33

32 D. CERTIFICATES Attached hereto as a part hereof the following: 1. Representations, Certifications and Other Statements of Bidders (HUD 5369C) 2. Certificate of Corporate Clerk 3. Non-Collusive Affidavit 4. Bidder Information Sheet 5. Certificate of Tax Compliance 6. Statement of Bidder Qualifications 7. Manufacturer Technical Specification Sheets E. The undersigned hereby certifies that he/she is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work. PERSONS INTERESTED The full names and residences of all persons and parties known to the undersigned to be financially interested in this proposal are as follows: NAMES ADDRESSES 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, restaurant and other eating facilities, 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, custom, or otherwise. He further states that (except where he has obtained identical certifications from proposed subcontractors for specific time period) he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $100,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward a notice to his proposed subcontractors as provided in the instructions to bidders. NOTE: The penalty for making false statements in offers is prescribed in 18 USC SUBMITTED this ( ) day of ( ), Company Name: Company EIN# Street Address City / State / Zip Phone / Fax Address By: Signature Print Name here END OF SECTION WHA IFB #13-08 Solid Surface Countertops (Re-bid) 32 of 33

33 MANUFACTURER TECHNICAL SPECIFICATION SHEETS TO BE PROVIDED BY BIDDERS, FOR EACH ITEM, AS PART OF THEIR BID PROPOSAL RESPONSE END OF SECTION WHA IFB #13-08 Solid Surface Countertops (Re-bid) 33 of 33