WORCESTER HOUSING AUTHORITY

Transcription

1 WORCESTER HOUSING AUTHORITY CONTRACT FOR THE SUPPLY DEPARTMENT INVITATION FOR BID NO SUPPLY & DELIVERY OF PAINT AND PLASTER SUPPLIES Issue Date: 10:00 A.M., November 5, 2015 BID OPENING: 12:00 P.M., November 30, 2015* Issued by: Worcester Housing Authority Purchasing Department 69 Tacoma St., Worcester, MA (508) , TDD (508) Fax: (508) EXECUTIVE DIRECTOR, RAYMOND V. MARIANO

2 WHA Worcester Housing Authority Purchasing Department 69 Tacoma St. Worcester, MA P-(508) F-(508) ADDENDUM #3 IFB #15-41 PAINT & PLASTERING SUPPLIES November 17, 2015 This addendum is to provide answers to the following questions: Q1. Can you provide the Bid Results for the two paints? A1. Yes, please see attached All other terms and conditions of this contract remain unchanged. Please be sure to acknowledge this Addendum in paragraph B or your Bid Form. Thank you, Re Cappoli Chief Procurement Officer WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 2 of 37

3 Bid Opening: November 2, 10:00 a.m. Contract Manager: WORCESTER HOUSING AUTHORITY PURCHASING DEPARTMENT BID RESULTS FOR IFB #12-44 SUPPLY & DELIVERY OF 2 PAINTS (WALL & CEILING) The Sherwin Williams Company 770 Dedham St, Ste 5 Canton, MA Economy Paint Supply Co., Inc 140 Chandler St Worcester, MA jason.a.hayes@sherwin.com economypaint@verizon.net DESCRIPTION Est. Qty. UOM Unit Price Total Cost Unit Price Total Cost YEAR 1 $ - $ - Item #1 - Wall Paint - Latex Eggshell gal pails $ 8.58 $ 7, $ $ 10, Item #2 - Ceiling Paint - Vinyl Latex Flat gal pails $ 7.58 $ 2, $ $ 3, YEAR 2 $ 9, $ 14, Item #1 - Wall Paint - Latex Eggshell gal pails $ 8.58 $ 7, $ $ 10, Item #2 - Ceiling Paint - Vinyl Latex Flat gal pails $ 7.58 $ 2, $ $ 3, YEAR 3 $ 9, $ 14, Item #1 - Wall Paint - Latex Eggshell gal pails $ 8.92 $ 7, $ $ 10, Item #2 - Ceiling Paint - Vinyl Latex Flat gal pails $ 7.88 $ 2, $ $ 3, $ 9, $ 14, YEAR GRAND TOTAL $ 28, $ 42, NOTES: Above are the results of this IFB as they were received. A review of the low bidder(s) will be conducted once the low bidder is deemed responsible and responsive award will be made. Thank you for your participation in the WHA's bidding process. Award Recommendation to: Sherwin Williams Company Award Recommendation made by: Low Bidder Deemed Responsible and Responsive: Chief Procurement Officer Date Award Authorized by: Director of Maintenance Date Raymond V. Mariano, Executive Director Date Material Manager Date WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 3 of 37

4 WHA Worcester Housing Authority Purchasing Department 69 Tacoma St. Worcester, MA P-(508) F-(508) ADDENDUM #2 IFB #15-41 PAINT & PLASTERING SUPPLIES Tuesday, November 17, 2015 This addendum is to provide answers to the following questions: Q1. Per Section III.B, we are to plan to establish a minimum goal of 20% of total supplies/services to be procured from certified MBE/WBE enterprises. I don t see anywhere where we are asked to certify compliance with this? A1. Since this is a goal and not a requirement, no certification is required. Q2. Page 29 requires a Certificate of Corporation Clerk regarding authorization from the Board of Directors. Since we don t have the Board approve contracts like this, I would like to see if WHA will accept the attached Secretary s Certificate. If so, I can have it signed and dated and attach to the bid documents when ready to execute. A2. Yes, your attached Secretary s Certificate will be acceptable. All other terms and conditions of this contract remain unchanged. Please be sure to acknowledge this Addendum in paragraph B or your Bid Form. Thank you, Re Cappoli Chief Procurement Officer WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 4 of 37

5 WHA Worcester Housing Authority Purchasing Department 69 Tacoma St. Worcester, MA P-(508) F-(508) ADDENDUM #1 IFB #15-41 PAINT & PLASTERING SUPPLIES Tuesday, November 17, 2015 This addendum is to provide answers to the following questions: Q1. We are looking for a copy of the Bid Results from the last bid, can you provide those to us? A1. Yes, on the following page you will find the Bid Results from the previous bid #12-45 All other terms and conditions of this contract remain unchanged. Please be sure to acknowledge this Addendum in paragraph B or your Bid Form. Thank you, Re Cappoli Chief Procurement Officer WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 5 of 37

6 Bid Opening: 11:00 AM Contract Manager: Tony Ingemi Economy Paint Supply Co., Inc. HD Supply Facilities Maint., LTD. 140 Chandler St Scripps Summit Worcester, MA San Diego, CA DESCRIPTION Unit Mfg. Est. Qty. Unit Price Total Cost Alternate Total Cost Alternate Unit Price Total Cost Alternate STOCK - PAINT AND PLASTER SUPPLIES Price WHA # Product Product Product Joint Compound - 12 LB. pail USG 356 $ 4.99 $ 1, No Bid $ 4.50 $ 1, Joint Compound - 5 Gallon pail USG 37 $ $ $ $ HDS# $ $ Drywall Joint Roll Tape # DAP 4 $ 2.11 $ 8.44 $ 3.91 $ HDS# $ - $ Spackling Compound - Quart DAP 109 $ 2.99 $ $ 5.00 $ HDS# $ 3.55 $ SW-Spackle Plaster Weld Gallon Larson 14 $ $ $ - $ - $ $ White Latex Caulking 10 oz. ALEX 384 $ 1.44 $ $ 1.93 $ HDS# CS $ OF $ A White Silicone Caulking 10oz. GE 405 $ 3.96 $ 1, $ $ 20, HDS# CS $ OF $ 1, White Lightning Clear Silicone Caulking 10 oz. GE 167 $ 3.96 $ $ $ 8, HDS# CS $ OF $ White Lightning White Bathtub Caulking 10oz. GE 188 $ 3.96 $ $ 3.89 $ HDS# CS OF 12 $ - $ Liquid Nail 10 oz. DAP 96 $ 3.49 $ $ $ 2, HDS# CS OF 12 $ 1.89 $ Brown Silicone Caulking 10oz. DAP 24 $ 1.87 $ $ - $ - $ - $ DAPTEX # Latex Foam Sealant 12 oz. DAP 48 $ 4.76 $ $ 4.92 $ HDS# $ 4.45 $ Paint thinner, Gallon Generic 11 $ 7.36 $ $ - $ - $ 6.50 $ Lacquer thinner, Gallon Generic 4 $ $ $ - $ - $ 9.00 $ Acetone, Gallon Generic 10 $ $ $ - $ - $ 9.25 $ BIN Primer Sealer, # Gallon Zinsser 51 $ $ 2, $ - $ - $ $ 1, SW-White Pigment Shellac BIN Primer Sealer, # oz Spray can Zinsser 169 $ 6.99 $ 1, $ 6.60 $ 1, $ 3.75 $ SW-White HDS# Pigment Shellac Aqua Lock Wood Primer, Gallon Aqua 27 $ $ $ - $ - $ $ Wear All Canadian Brown Latex Paint - California 32 $ $ $ - $ - $ $ SW Porch and Gallon Floor Brown Stain #47216 Gallon California 4 $ $ $ - $ - $ - $ Wear All Black Gloss Latex Paint - California 55 $ $ 1, $ - $ - $ $ 1, SW Porch and Gallon Floor Floor & Concrete Paint SU-0308 Acrylic Latex Gray Pearl Gallon Insl-x 48 $ $ 1, $ - $ - $ $ 1, SW Porch and Floor Safety Yellow Lane Marking Paint Gallon Generic 4 $ $ $ $ HDS# $ - $ Calypso Green Latex Paint Gallon Benjamin 2 $ $ $ - $ - $ - $ Devo DevGuard #4308 Green Alkyd, Gallon Sherwin 11 $ $ $ - $ - $ $ Williams Industrial Enamel Oil Base Paint Blue SW-4086 Gallon Sherwin 4 $ $ $ - $ - $ $ Oil Base Paint Barber Green IE-0232 Gallon Sherwin Williams 40 $ $ 1, $ - $ - $ $ 1, Oil Base Paint - Massey Harris Red IE Sherwin 6 $ $ $ - $ - $ $ Gallon Williams Sanding Sealer High Gloss Gallon HARCO 96 $ $ 2, $ - $ - $ - $ #224 Spec Walnut Gallon Minwax 5 $ $ $ - $ - $ $ #221 Ipswitch Pine Gallon Minwax 2 $ $ $ - $ - $ $ #230 Early American Gallon Minwax 3 $ $ $ - $ - $ $ #7480 Redwood Stain Gallon Cabot 2 $ $ $ - $ - $ - $ #Q /2 Sash Paint Brush Wooster 181 $ 1.80 $ $ - $ - $ 2.20 $ Best Liebco #Q Sash Paint Brush Wooster 250 $ 2.05 $ $ $ 2, HDS# $ 2.55 $ Best Liebco #Q Paint Brush Wooster 573 $ 2.56 $ 1, $ $ 7, HDS# $ 2.25 $ 1, Best Liebco #Q Paint Brush Wooster 224 $ 4.18 $ $ - $ - $ 3.25 $ Best Liebco Drop Cloth Canvas 9 X 12 Generic 15 $ $ $ $ HDS# $ $ Roller Sleeve, 9 X 3/8 Nap Generic 659 $ 0.75 $ $ 6.48 $ 4, HDS# $ 0.85 $ PKG OF 6 Best Liebco Roller Sleeve, 9 X 1-1/4 Nap Generic 729 $ 1.70 $ 1, $ - $ - $ 1.03 $ Best Liebco Roller Pan, 11 Generic 103 $ 2.00 $ $ 6.45 $ HDS# $ 1.70 $ Roller Pan Liner, 11 Generic 337 $ 0.50 $ $ 4.75 $ 1, HDS# $ 0.60 $ PKG OF Roller Cage, 9 Threaded, 4 wire Generic 122 $ 1.25 $ $ 2.05 $ HDS# $ 0.89 $ Masking Tape 1 3M 7 $ 1.28 $ 8.96 $ $ HDS# $ 0.99 $ 6.93 PKG OF Masking Tape 2 3M 30 $ 2.58 $ $ $ HDS# PKG OF 6 $ 1.50 $ Piece Paint Roller Kit # (metal tray, Home 327 $ 3.69 $ 1, $ 4.35 $ 1, $ 6.25 $ 2, plastic liner, 9 roller cage & sleeve) Depot HDS# Sandpaper 9 x Grit 25pk Gator 6 $ 8.40 $ $ - $ - $ $ Sandpaper 9 x Grit 25pk Gator 13 $ 8.40 $ $ 8.50 $ HDS# $ $ Sandpaper 9 x Grit 25pk Gator 49 $ 7.30 $ $ 5.00 $ HDS# $ 9.75 $ Sandpaper 9 x Grit 25pk Gator 4 $ 4.73 $ $ 4.50 $ HDS# $ 6.10 $ Vendor Total Vendor Total Vendor Total This year's total $ 6, NOTES: All alternative products were tested by the Maintenance staff and found to be of equal value (per John Warren III) WORCESTER HOUSING AUTHORITY PURCHASING DEPARTMENT BID RESULTS FOR IFB #11-47 PAINT AND PLASTER SUPPLIES The Sherwin Williams Company 47 Milton St. Worcester, MA $ $ 15, $ 22, WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 6 of 37

7 Worcester Housing Authority IFB #15-41 Supply & Delivery of Paint and Plaster Supplies Table of Contents Invitation For Bid 3 Section Page 1. Introduction 4 2. IFB Terms and Conditions Bid Instructions Withdrawal of Bids 6 5. Bid Submission 6 6. Contract Award 6 7. References 7 8. Bid Specification 7 9. Bid Form 10 Exhibits A. Form of Contract B. Instructions to Offerors for Non-Construction HUD 5369 C. General Contract Conditions (Non-Construction) HUD 5370 C2 9. Appendix - A(*) 1. Certifications and Representations of Offerors, Non-Construction Contract 2. Certificate of Corporation Clerk 3. Non-Collusion Affidavit 4. Certificate of Tax Compliance 5. Reference Form HUD 5369 C (*Note: All items under Appendix are to be submitted as part of the bid response.) WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 7 of 37

8 WORCESTER HOUSING AUTHORITY INVITATION FOR BID The Worcester Housing Authority invites sealed bids from Contractors for: PAINT AND PLASTER SUPPLIES Sealed Bids will be received until: 12:00 P.M. (NOON), November 30, 2015* at the Purchasing Dept., 69 Tacoma St., Worcester, MA. Immediately following the deadline for bids all bids received within the time specified will be publicly opened and read aloud. IFB packages may be obtained after 10:00 A.M. on November 5, This IFB will be ed to all bidders appearing on the Bidder s List. Interested bidders must call (508) or purchasing@worcester-housing.com to request an IFB package be ed to them (please, mention or include the Bid No Supply & Delivery of Paint and Plaster Supplies in the Subject line of your ). IFB packages are also available in the Purchasing Department, 69 Tacoma St., Worcester, MA. This contract is for the Supply and Delivery of Paint and Plaster Supplies. PLEASE NOTE: WHA has included two paint colors (Item #57 & 58) Latex Paint, Eg-Shell Marble White PRO-Mar 400 Sherwin Williams Latex Paint, Flat White Ceiling SW Pro Mar 400 Sherwin Williams previously bid out separately. These items shall NOT go into effect on this contract until it s current contract terminates on May 1, Multiple awards are possible as award will be made to the bidder(s) with the lowest price per line item, which is deemed responsive and responsible. All prices shall be firm fixed and include FOB Destination. Bidders do not have to bid on all line items. Items are for a brand name or equal. Some items maybe specified as NO SUBSTITUTES. Please read Section VIII. Bid Specifications, paragraph B. Pricing, sub-paragraph Equality. All Deliveries shall be shipped to: Supply Dept., 69 Tacoma St., Worcester, MA between the hours of 8:30 AM 4:00 PM, Monday Friday, closed all Federal & State Holidays. Please Note: WHA has no loading dock. We can only receive deliveries on a Tailgate or Flat Bed truck. The term of this contract shall extend for three (3) years from January 1, 2016 December 31, 2018 in accordance with the contract prices provided on the enclosed Bid Form and no change to the terms and conditions. Estimated total value of this bid, based upon prior year s usage: $52,000 annually. All bids shall be mailed or delivered to: Worcester Housing Authority, Purchasing Department, 69 Tacoma Street, Worcester, MA This IFB is issued in accordance with the provisions of M.G.L. Chapter 30B. Bidders shall submit one original and 1 copy of their bid documents. The WHA does not guarantee the purchase of any specific quantities and reserves the right to increase or decrease on an as needed basis. 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 November 5, 2015 *PLEASE NOTE: Bid Opening date has changed from what was originally advertised due to the holiday. WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 8 of 37

9 I. INTRODUCTION The purpose of this procurement is for the solicitation of bids for the purchase of Supply & Delivery of Paint and Plaster Supplies 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 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, via , 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 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 Supply & Delivery of Paint and Plaster 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. 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. Commercial General Liability Insurance. The Bidder will provide the WHA with Certificates of Insurance covering Commercial General 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. WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 9 of 37

10 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. 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; WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 10 of 37

11 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 resubmitted 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 Paint and Plaster Supplies. 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. 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: IFB #15-41 for Supply & Delivery of Paint and Plaster 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. The WHA reserves the right to waive any informality in or to reject any or all bids, in whole or in part, 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. WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 11 of 37

12 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 Paint and Plaster Supplies materials in the past five (5) years. Please use the Reference Form attached hereto. VIII. BID SPECIFICATIONS The Worcester Housing Authority (the WHA ), requests competitive sealed responses from qualified Bidders to provide Paint and Plaster Supplies, including but not limited to, a list of generic and non-generic items for WHA properties. All items purchased from the contracts resulting from this IFB will be purchased outright. Contract pricing is based on manufacturer s lowest, most current, net delivered prices. This contract is for the Supply and Delivery of Paint and Plaster Supplies. PLEASE NOTE: WHA has included two paint colors (Item #57 & 58) Latex Paint, Eg-Shell Marble White PRO-Mar 400 Sherwin Williams Latex Paint, Flat White Ceiling SW Pro Mar 400 Sherwin Williams previously bid out separately. These items will not go into effect on this contract until it s current contract terminates on May 1, Multiple awards are possible as award will be made to the bidder(s) with the lowest price per line item, which is deemed responsive and responsible. All prices shall be firm fixed and include FOB Destination. Bidders do not have to bid on all line items. Items are for a brand name or equal. Some items maybe specified as NO SUBSTITUTES. Please read Section VIII. Bid Specifications, paragraph B. Pricing, sub-paragraph Equality. All Deliveries shall be shipped to: Supply Dept., 69 Tacoma St., Worcester, MA between the hours of 8:30 AM 4:00 PM, Monday Friday, closed all Federal & State Holidays. Please Note: WHA has no loading dock. We can only receive deliveries on a Tailgate or Flat Bed truck. A. Categories The following categories are provided as guidelines. Delivered prices will be based on each item individually and must be applied to each item falling within the stated category below unless the exception is specified in the bidder s response and noted in the Alternate Delivered Price column. Delivered prices for each item within the Generic category will be supplied on the Market Basket Form. Any stocked item offered by the awarded Bidder may be sold under contract provided it falls within the contract scope. For special orders, net delivered prices should be negotiated and agreed upon in writing prior to ordering. B. Pricing 1. Generic Items: Any commercial grade Paint and Plaster Supplies intended for indoor and/ or outdoor use as specified, for which there are no specific manufacturers or brands. 2. Specific Items: Commercial paint and plaster supplies products intended for general apartment use, for which we request specific manufacturers and brands, with NO substitutes. Market Basket: All items listed in the Market Basket form are intended for evaluation purposes. Sample items listed in the Market Basket form are intended for illustrative purposes and not to limit the WHA to only those items listed. If a Bidder does not offer the exact item listed in the Market Basket form, then Bidder must submit an equal or better alternative with supporting documentation. Equality - An item equal to that named or described in the specifications of the contract may be furnished by the Vendor and the naming of any commercial name, trademark or other identification shall not be construed to exclude any item or manufacturer not mentioned by name or as limiting WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 12 of 37

13 competition but shall establish a standard of equality only. An item shall be considered equal to the item so named or described if (1) it is at least equal in quality, durability, appearance, strength and design; (2) it will perform at least equally the function imposed by the general design for the work being contracted for or the material being purchased; and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in the specifications. The name and identification of all materials other than the one specifically named shall be submitted to the WHA in writing for approval, prior to purchase, use or fabrication of such items. Subject to the provisions of M.G.L., Ch. 30, Sec. 39J, approval shall be at the sole discretion of the WHA, shall be in writing to be effective, and the decision of the WHA shall be final. The WHA may require tests of all materials so submitted to establish quality standards at the Vendor's expense. All directions, specifications and recommendations by manufacturers for installation, handling, storing, adjustment and operation of their equipment shall be complied with; responsibility for proper performance shall continue to rest with the Vendor. For the use of material other than the one specified, the Vendor shall assume the cost of and responsibility for satisfactorily accomplishing all changes in the work as shown. If no manufacturer is named, the Vendor shall submit the product he intends to use for approval of the WHA. Except as otherwise provided for by the provisions of M.G.L., Ch. 30, Sec. 39J, the Vendor shall not have any right of appeal from the decision of the WHA condemning any materials furnished if the Vendor fails to obtain the approval for substitution under this clause. If any substitution is more costly, the Vendor shall pay for such costs." No Substitutes: Certain items are listed as no substitutes and the or equal clause will not pertain to those items. Delivered Prices: All pricing shall include all fees, surcharges, etc. to supply and deliver the products with no minimum or maximum quantity. All bidders must supply the WHA with net delivered prices. Freight On Board (FOB): All pricing will be FOB delivery. No delivery charges may be assessed to any order under this contract. No minimum requirements will be allowed. All deliveries will be on flat bed trailer or open sided truck to facilitate offloading with forklift by WHA personnel. C. Adding or Removing Products The WHA reserves the right to add or remove products from this contract at any time if deemed in the WHA s best interest. If a product is being eliminated from a contract resulting from this IFB, the WHA will notify the Bidder in writing. WHA reserves the right to make awards to a specialty Paint and Plaster Supplies provider solely on the basis of products offered if deemed in the WHA s best interest e.g., awards to companies specializing in environmentally friendly alternatives to mainstream products or specialty floor tile and related products. D. Product Standards E. Warranty Products provided by Bidders under the terms of any contract awarded as a result of this IFB must be commercial grade and meet all Federal, State and local standards for quality and safety requirements. All products delivered to ordering facilities will be new and in unopened packaging or boxes, or in a condition acceptable to the WHA. Product not meeting these standards will be deemed unacceptable and will be returned to the Bidder at no charge to the WHA. General: Any products offered on a contract resulting from this IFB must carry the original manufacturer warranties if one exists. WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 13 of 37

14 F. Customer Service 1) Technical assistance must accompany any request for quotes and must include, but is not limited to: Competent guidance in the ordering process; Written and/or verbal instructions on installation and use; Product recommendations when requested; Cost saving advisement includes sales items, volume discounts and any other information that would logically impact the users costs; Product fact sheets and any other available information when requested. Please Note: Technical assistance must be provided free of charge. Any fee assigned to technical assistance will not be paid. 2) After the contract award, the Bidder must distribute catalogs / product lists and current contract prices to all eligible contract users who request one free of charge. Once a catalog has been sent, it is the responsibility of the Bidder to maintain current catalogs or price sheets for each contract user who has previously received a catalog. The catalog must be delivered within 5 business days of a request. 3) The Bidder must educate the user regarding any significant cost saving options including, but not limited to, relevant volume discounts, rebate offers, or sale items that would logically impact the user. G. Return of Product In the event that a contract user orders the wrong item, Bidder must agree to take back any unused, stocked product free of charge. Market Basket Form All net delivered prices submitted and accepted on this form will be binding throughout the term of any contract resulting from this IFB. Instructions for this form: If Bidder carries a Generic item, the item delivered price must be submitted on this Market Basket Form. If the Bidder does not offer the exact item listed in the Market Basket From, then an alternative item, along with corresponding net delivered price, may be offered in place of any items specified. If Bidder carries specific manufacturer s products other than those listed, by submitting a bid, bidder certifies that their products are equivalent to the specified items and will note the products in the Alternative column. The Delivered Price space should identify the end price for each of the specified items. The WHA s payment software calculates and takes any prompt payment discounts allowed by our vendors and contractors. If your company provides prompt payment discounts, please fill in the box below. If your company does not provide this discount, please check the appropriate box. Without the prompt payment discount, WHA will pay according to agreed upon standard payment terms. Please Note: prompt payment discounts will not be used in determining the low responsible/responsive/eligible bidder. Thank you. Prompt Payment Discount: take % paid within days. NO discount provided End of Section WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 14 of 37

15 WORCESTER HOUSING AUTHORITY BID FORM PAINT AND PLASTER SUPPLIES A. PROPOSAL The undersigned proposes to Supply and Deliver Paint and Plaster Supplies in accordance with the terms and conditions of this IFB. B. ADDENDA: Bidder hereby acknowledges addenda numbered:,,,,, C. CONTRACT PRICE The proposed contract prices are as follows WHA Description MFR. Unit Est. UM Total Alternate Product # Price Qty Joint Compound Sheetrock All Purpose USG. 12lb. Green-Lid USG $ Pails $ NO SUBSTITUTE ALLOWED Joint Compound Sheetrock All Purpose USG. 5 Gal Pail Green- USG $ 24 Pails $ NO SUBSTITUTE ALLOWED Lid Spackling Compound - Quart DAP $ 120 Qt $ Or Equal Plaster Weld Gallon Larson $ 24 Gal. $ Or Equal Alex Plus White Latex Caulking Tube 10.1oz DAP $ 1200 Tube $ NO SUBSTITUTE ALLOWED White Silicone-II Premium Waterproof Caulking Tube 10.1oz GE $ 600 Tube $ NO SUBSTITUTE ALLOWED Model # Clear Silicone-II Premium Waterproof Caulking Tube 10.1oz GE $ 600 Tube $ NO SUBSTITUTE ALLOWED Model # White Kitchen/Bathtub Low Odor Caulking Tube 10.1oz. DAP $ 156 Tube $ Or Equal Liquid Nail Heavy Duty Caulking Tube 10 oz. DAP $ 30 Tube $ Or Equal Latex Foam Sealant 12 oz. # DAPTEX $ 24 Can $ NO SUBSTITUTE ALLOWED Foam Sealant, Pest Block Insulating Spray 12 oz. Great $ 200 Can $ NO SUBSTITUTE ALLOWED Stuff Paint Thinner, Gallon Generic $ 6 Gal $ Or Equal Lacquer Thinner, Gallon Generic $ 6 Gal $ Or Equal Acetone, Gallon Generic $ 6 Gal $ Or Equal BIN Primer Sealer Paint, Gallon Zinsser $ 120 Gal $ NO SUBSTITUTE ALLOWED BIN Primer Sealer Paint Spray Can 13 oz Zinsser $ 516 Gal $ NO SUBSTITUTE ALLOWED Wood Primer Sealer Paint, Aqua Lock Plus Acrylic Water Base Aqua $ 12 Gal $ Or Equal White # AQ Gallon Lock Primer Paint, Stopz Mold/Mildew/Mold Resistant California - California $ 48 Gal $ NO SUBSTITUTE ALLOWED Gallon Inter/Exterior 100% Acrylic Latex White Latex Paint, Wear All Canadian Brown # Gallon California $ 80 Gal $ Or Equal COMPANY NAME:. Page 1 of 3 BID FORM

16 WHA # Description MFR. Unit Price 1111 Est. Qty. UM Total Alternate Product ;jfkdal;jk Latex Paint, Brown Stain # Gallon California $ 3 Gal $ Or Equal Latex Paint, Wear All Black Gloss # Gallon California $ 48 Gal $ Or Equal Latex Paint, Skid-Grip Gray Concrete & Asphalt California $ 40 Gal $ Or Equal Performance Coatings Color 6565 Slate Latex Paint, Safety Yellow Lane Marking Inslx # 1E0223 Gallon Generic $ 12 Gal $ Or Equal Latex Paint, Calypso Green Exterior Acrylic Low Luster Benjamin Moore $ 4 Gal $ Or Equal # Gallon Latex Paint, Devoe DevGuard Green Alkyd Industrial Enamel Sherwin Williams $ 4 Gal $ Or Equal # 4308 Gallon Primer/Sanding Sealer Paint, Polyurethane Quick Dry High Gloss # 8500 Gallon HARCO $ 202 Gal $ NO SUBSTITUTE ALLOWED Minwax, Wood Finish Stain Special Walnut # 224 Gallon Minwax $ 3 Gal $ Or Equal Minwax, Wood Finish Stain Ipswich Pine # 221 Gallon Minwax $ 3 Gal $ Or Equal Minwax, Wood Finish Stain Early American # 230 Gallon Minwax $ 3 Gal $ Or Equal Cabot, Wood Finish Stain "Redwood" # Semi-Solid Deck Cabot $ 3 Gal $ Or Equal & Siding Gallon Paint Spray Can, Gloss Black Rust-Oleum 15oz. High Rust-Oleum $ 6 Can $ Or Equal Performance Enamel V Paint Spray Can, High Heat White Rust-Oleum 12oz. # 7751 Rust-Oleum $ 6 Can $ Or Equal Paint Spray Can, Glossy White Rust-Oleum 12oz.# Rust-Oleum $ 6 Can $ Or Equal Paint Spray Can, Flat Black Rust-Oleum 15oz. High Performance Rust-Oleum $ 6 Can $ Or Equal Enamel V Paint Spray Can, Anodized Bronze Rust-Oleum 15oz Rust-Oleum $ 6 Can $ Or Equal Paint Spray Can, Orange Fluorescent Marking Quick Dry17oz. Krylon $ 12 Can $ Or Equal Paint Brush 1-1/2 Sash Wooster $ 400 Each $ Or Equal Paint Brush 2 Sash Wooster $ 300 Each $ Or Equal Paint Brush 3 Wooster $ 860 Each $ Or Equal Paint Brush 4 Wooster $ 260 Each $ Or Equal Paint Drop Cloth, Canvas Heavy Duty Premium 9 X 12 8oz. Generic $ 52 Each $ Or Equal Paint Drop Cloth, Plastic 9 X 12 1-MIL Generic $ 820 Each $ Or Equal Paint Roller Sleeve, General Purpose Contractor 9 X 3/8 Nap Generic $ 1200 Each $ Or Equal Paint Roller, Metal Tray 11 Generic $ 120 Each $ Or Equal Paint Roller, Tray Liner 11 Generic $ 800 Each $ Or Equal Paint Roller, Cage 9 5-Wire Heavy Duty Generic $ 216 Each $ Or Equal Masking Tape 1 3M $ 24 Each $ Or Equal Masking Tape 2 3M $ 24 Each $ Or Equal Piece Paint Roller Kit or 5-Piece Home $ 400 Kit $ Or Equal (metal tray, plastic liner, 9 roller cage & sleeve) Depot Latex Paint, Eg-Shell Marble White PRO-Mar 400 Gallon Sherwin Williams $ 950 Gal $ Or Equal Latex Paint, Flat White Ceiling SW Pro Mar Gallon Sherwin Williams $ 240 Gal $ Or Equal WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 16 of 37

17 YEAR 2 pricing shall increase by % of Year 1 YEAR 3 pricing shall increase by % of Year 2 Page 3 of 3 BID FORM COMPANY NAME: D. The undersigned has completed and submits herewith the following documents: 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. Debarment / Suspension Certification 6. Reference Form E. The undersigned agrees that, if selected as general contractor, s/he will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the Worcester Housing Authority, execute a contract in accordance with the terms of this bid. The undersigned hereby certifies that it is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that they will comply fully with all laws and regulations applicable to awards made subject to M.G.L. Chapter 30B. The undersigned further certifies under the penalties of perjury that this bid has been made and submitted in good faith and without collusion or fraud with any other person. As used in this section the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from public contracting or subcontracting in the Commonwealth under the provisions of M.G.L. Chapter 29, Section 29F or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder. NOTE: The penalty for making false statements in offers is prescribed in 18 USC SUBMITTED this ( ) day of ( ), 20( ). Company Name: Company EIN# Street Address City / State / Zip Phone / Fax Address By: Signature Print Name here NOTE: If the bidder is a corporation, indicate state of incorporation under signature, and affix corporate seal; if a partnership, give full names and residential addresses of all partners; if an individual, give residential address if different from business address; and, if operating as a d/b/a give full legal identity. Attach additional pages as necessary. The WHA s payment software calculates and takes any prompt payment discounts allowed by our vendors and contractors. If your company provides prompt payment discounts, please fill in the box below. If your company does not provide this discount, please check the appropriate box. Without the prompt payment discount, WHA will pay according to agreed upon standard payment terms. Please Note: prompt payment discounts will not be used in determining the low responsible/responsive/eligible bidder. Thank you. Prompt Payment Discount: take % paid within days. NO discount provided END OF BID FORM WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 17 of 37

18 EXHIBIT A Attachment 1, 2, & 3 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.

19 WORCESTER HOUSING AUTHORITY AGREEMENT No. SUPPLY & DELIVERY OF PAINT AND PLASTER SUPPLIES THIS AGREEMENT is entered into this ( )day of ( ) 20( ), by and between the WORCESTER HOUSNG AUTHORITY, a body politic and corporate located at 40 Belmont Street in City and the County of Worcester, Commonwealth of Massachusetts, (hereinafter referred to as WHA ) and Contractor Name Contact Person Address City, State, Zip Phone/Fax (hereinafter referred to as the Contractor ) This Agreement consists of four parts: Section A. General Provisions; Section B. Specifications/ Operational Plan; Section C. 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 Supply & Delivery of Paint and Plaster Supplies, Related Supplies as provided herein, and for items as awarded by the WHA. 1. Work Statement All work to be performed as set forth in the Specifications of the Invitation for Bids. 2. Term of Agreement a. The Contractor s performance of this Agreement shall extend from: January 1, 2016 December 31, 2018 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. WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 19 of 37

20 4. Cost Limitations Funds will be made available by the WHA to the Contractor consistent with pricing provided in the Bid Form of the IFB; 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. 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. WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 20 of 37

21 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 10. Assurances 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. 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. 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 WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 21 of 37

22 15. Copyright 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. Commercial General Liability Insurance. The Contractor shall provide the WHA with Certificates of Insurance covering Commercial General Liability in an amount not less than $1,000, for damages to one person and not less than $2 million per incident. 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. 18. Amendments 19. Advertising 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. 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. WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 22 of 37

23 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 the CONTRACTOR have executed this Agreement as of the Date first above written. Contractor By: Title: Date: Worcester Housing Authority By: Raymond V. Mariano, Executive Director Date: WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 23 of 37

24 Instructions to Offerors for Non-Construction Contract (HUD 5369B) WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 24 of 37

25 WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 25 of 37

26 END OF SECTION WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 26 of 37

27 General Contract Conditions (Non-Construction) (HUD 5370 C2) WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 27 of 37

28 WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 28 of 37

29 WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 29 of 37

30 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 #15-41 Supply & Delivery of Paint and Plaster Supplies 30 of 37

31 APPENDIX - A 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. Debarment / Suspension Certification 7. Bid Form (see page 10-12) Note: All of the above Items are to be submitted as part of the Bid response. WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 31 of 37

32 WHA IFB #15-41 Supply & Delivery of Paint and Plaster Supplies 32 of 37