WORCESTER HOUSING AUTHORITY

Transcription

1 WORCESTER HOUSING AUTHORITY CONTRACT FOR THE MAINTENANCE DEPT. INVITATION FOR BIDS NO ANNUAL BED BUG EXTERMINATION Release Date: 10:00 a.m., March 10, 2013 Pre-Bid Conference: 10:00 a.m., March 14, 2013 Site Visits will be provided at the Pre-Bid conference Bid Opening: 2:00 p.m., March 25, 2013* Issued by: Worcester Housing Authority Purchasing Department (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 #2 RFR #13-06 Annual Extermination of Bed Bugs March 13, 2013 This addendum is to provide an answer to the following question: Q1. For the sake of planning labor expectations, could you please tell us what the average amount of UNITS would we be expected to treat for bedbugs on a DAILY, WEEKLY AND YEARLY BASIS. Or are we going to be told this at the Pre- Bid Conference on Thursday. This would be extremely important for us to know. A1. Estimated Quantities for each line item can be found in the Bid Form on page 31 of 33 of the original IFB. 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 #13-06 Annual Bed Bug Extermination 2 of 35

3 WHA Worcester Housing Authority Purchasing Department 69 Tacoma St. Worcester, MA P-(508) F-(508) ADDENDUM #1 RFR #13-06 Annual Extermination of Bed Bugs March 8, 2013 This addendum is to provide an answer to the following question: Q1. On page 3 you stated contract term shall extend from 4/1/13 through 9/31/14 (total 18 months). The next sentence states that the estimated total purchase will be approximately $32,500 for each one year period (12 months?). Does this mean a total of $48,750 for the full 18 months estimated or is the $32,500 the estimate for the full 18 month period? A1. The ESTIMATED TOTAL for the 18 month contract is approximately $48,750. The reason we are doing an 18 month contract is that we have another Extermination contract for Rodents that expires Sept. 31, 2014 and we plan on incorporating the both Extermination services (Rodents and Bed Bugs) into one bid at that time. 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 #13-06 Annual Bed Bug Extermination 3 of 35

4 Worcester Housing Authority IFB #13-06 Annual Bed Bug Extermination Table of Contents Cover page 1 Table of Contents 2 Invitation For Bids 3 Section Page 1. Introduction 4 2. IFB Terms and Conditions Bid Instructions Withdrawal of Bids 6 5. Bid Submission 7 6. Contract Award 7 7. References 7 8. Bid Specification Exhibits A. Form of Contract (Sample only informational) B. Instructions to Offerors for Non-Construction HUD 5369 B C. General Contract Conditions (Non-Construction) HUD 5370 C 10. Appendix - (Note: All items below must be submitted as part of the bid response.) 1. Certifications and Representations of Offerors HUD 5369 C 2. Certificate of Corporation Clerk 3. Non-Collusion Affidavit 4. Bidder Information Form 5. Certificate of Tax Compliance 6. Reference Form 7. Licenses of Supervisor(s) and Applicator(s) 8. Bid Form End of Section WHA IFB #13-06 Annual Bed Bug Extermination 4 of 35

5 WORCESTER HOUSING AUTHORITY INVITATION FOR BID #13-06 ANNUAL BED BUG EXTERMINATION Pre-Bid conference at: 10:00 a.m., March 14, 2013 at 69 Tacoma St., Worcester, MA Bids will be received until: 2:00 p.m., March 25, 2013* at the Purchasing Department, 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. Contract documents will be available either by or pick up at the Purchasing Department or downloaded at: after 10:00 a.m. on March 10, If you would like to inquire as to ing capabilities, your request to: The Purchasing Department is located at 69 Tacoma St., Worcester, MA and hours are 8:00 a.m. 4:30 p.m. There will be a site visit during the Pre-Bid conference. The contract term shall extend from April 1, 2013 through September 31, 2014 with no change in the contract price. The WHA has estimated the total cost for all purchases under this contract will be approximately $32,500 for each one year period. Work under this contract shall consist of preparing and treating (1 st treatment and 2 nd treatment) apartments for the extermination of bed bugs within the 24 different State and Federal locations of WHA within the City of Worcester. Anyone not using the chemicals as provided herewith shall complete the attached EXCEPTION sheet and submit with their Bid Form. Award will be made to the lowest bidder deemed responsive and responsible for the total contract price. The WHA reserves the right to award/ not award a contract as deemed to be in the best interest of the WHA. 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. All bids are subject to the provisions of M.G.L. Chapter 30B. All bids must be submitted with one ORIGINAL and one COPY. The Authority reserve the right to cancel this IFB, or to reject, in whole or in part, any and all bids 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 10, 2013 *Opening date has changed from what was previously advertised. WHA IFB #13-06 Annual Bed Bug Extermination 5 of 35

6 I. INTRODUCTION The purpose of this procurement is for the solicitation of bids for the purchase of Annual Bed Bug Extermination 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 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 bid. 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 annual Bed Bug Extermination 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 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. WHA IFB #13-06 Annual Bed Bug Extermination 6 of 35

7 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. Questions maybe ed to purchasing@worcester-housing.com or via facsimile (508) The WHA will answer such requests if received at least four (4) business 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 ed by the WHA 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 Bid Form provided. 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. 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. WHA IFB #13-06 Annual Bed Bug Extermination 7 of 35

8 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. 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 #13-06 Annual Bed Bug Extermination 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 whom they ve provided Bed Bug Extermination for in the past five (5) years. Please use the Reference Form attached hereto. THIS SPACE INTENTIONALLY LEFT BLANK WHA IFB #13-06 Annual Bed Bug Extermination 8 of 35

9 VIII. BID SPECIFICATIONS I. INTRODUCTION. The Worcester Housing Authority requests competitive sealed proposals from interested and qualified parties to provide a bed bug extermination services for the residential, administrative, and other occupancies of the WHA. The WHA s bed bug extermination program consists of three phases of treatment, as follows: 1. Preparation 2. 1 st Treatment 3. 2 nd Treatment - Follow up (within 2-weeks of the 1 st treatment) and Warranty The term of this contract shall run April 1, 2013 October 31, 2014 with no change in the contract price. II. SCOPE OF WORK. The Worcester Housing Authority is seeking an outside vendor to provide a bed bug extermination program for residential, administrative, and other occupancies of the WHA. The work shall include, but not be limited to: 1. Coordinating with the WHA for scheduling the times that the treatment is to be carried out; 2. Review and comment on WHA s Notice to Tenants for preparation instructions; 3. Treatment of units according to these specifications - Federal, State, and Local Regulations, all personnel shall be thoroughly trained and licensed for the treatment methods specified; 4. Submission of written reports on each unit condition and treatment notes; 5. Follow-up inspections and re-treatment, as appropriate; 6. Systematically and professionally carrying out these specifications using the best trade practices. Any deviations will require the specific approval of the Contracting Officer, and in this matter, that decision shall prevail; 7. In a very limited number of instances [not more than 1%] where the vendor has been notified in advance by the Contracting Officer that the occupants have a documented medical condition which could be impacted by the treatment, the vendor must be prepared to adjust the procedures to accommodate the treatment, as well as be prepared to explain such treatment to competent medical personnel and the Contracting Officer as may be requested; 8. WARRANTY - Being responsible for any/all callbacks, at no additional charge, for those units, which continue to have a problem as determined by monitors, resident or management reports within 180 days of the last treatment; 9. Treatment for bed bugs will be on an on-call basis. The WHA Contracting Officer, or designee, will notify the vendor when a treatment is required. III. PRODUCTS The Vendor shall provide, prior to the commencement of this contract, the Contracting Officer with all Material Safety Data Sheets for products used and no change shall be made in products used without the prior written approval of the Contracting Officer. The following products, or equals, are currently approved for use by the WHA. Any bidder not using these specific products SHALL complete the attached EXCEPTION list and provide it with their submitted Bid Form. 1. Temprid SC 2. Gentrol IGR 3. Bedlam spray 4. Tempo Dust Chemicals and equipment to be used shall be approved for bed bug control use. These shall be used in strict accordance with the manufacturers recommended procedures for safety and maximum effectiveness. WHA IFB #13-06 Annual Bed Bug Extermination 9 of 35

10 IV. TREATMENT PHASES - PROCEDURES PREPARATION: 1. The WHA shall provide access to each unit. 2. When needed, vendor shall provide assistance with apartment preparation including, but not limited to: emptying closets, cleaning drawers, moving furniture, and other apartment preparation as needed. The WHA will provide materials for preparation including mattress covers, storage bins and furniture wrapping. 3. When tenants prepare the unit, the WHA shall instruct residents as to the proper preparation of the unit. Vendor shall inspect the level of preparation and adjust application as may be appropriate. 4. Vendor shall follow WHA s Integrated Pest Management Procedures relative to bed bugs and perform the following: 4.1. Identify all untreatable items and place them in plastic bags, secured with duct tape. For larger items, such as furniture, mattresses, etc., the Vendor shall completely wrap the item in plastic sheeting and secure tightly with duct tape. All items being disposed shall be sprayed prior to wrapping being applied Vendor shall vacuum all treatable surfaces including, but not limited to: mattresses, box springs, chairs, couches, recliners, flooring (and covebase), night stands, dressers, etc. 1 st TREATMENT (and Warranty): 1. The Vendor shall apply Temprid SC, Gentrol IGR and Bedlam to the following items, but not limited to: box springs, headboards, footboards, bed frames, dresser and night stand drawers (drawers will be taken out of the furniture for treatment by vendor). 2. The Vendor shall apply Temprid SC and Bedlam to the following items, but not limited to: mattresses, all sitting areas (couches, chairs, recliners, etc.). 3. The Vendor shall apply Temprid SC and Gentrol IGR to the following items, but not limited to: cove base/baseboards, flooring, luggage, wall hangings, door and window frames. 4. The Vendor shall apply Tempo Dust to ALL wall electrical outlets and switches in the entire unit. 2 nd TREATMENT: 1. The Vendor shall apply Temprid SC to the following items, but not limited to: headboards, footboards, bed frames, dresser and night stand drawers (drawers will be taken out of the furniture for treatment by the vendor), cove base/baseboards. 2. The Vendor shall install monitoring devices around the unit, including, to not limited to: beds and furniture. V. MANDATORY REQUIREMENTS The following are mandatory requirements and all licenses must be submitted with your Bid Form: 1. First Level Supervisor vendor shall assign an individual responsible for on-site checks and who spends greater than 50% of his/her time in the field in a direct supervisory capacity. 2. Education, Training and Experience: a. Applicators shall be licensed and have at least five years of experience in the extermination business. b. First level supervisor shall be licensed, has a formal college level education in the field of entomology, and has five years or more in the extermination business. WHA IFB #13-06 Annual Bed Bug Extermination 10 of 35

11 VI. ACCESS: c. Prior experience working with diverse populations. Applicators and/or first level supervisors must speak and understand English and have 5 or more years experience working with diverse populations. d. Prior experience working in low income housing developments. Vendor has 2 years experience with servicing low income housing developments of 1,000 or more units. e. Training. Vendor has established a formal program with staff and products available to provide for Instruction and training to WHA personnel on extermination related issues. The WHA will provide access to the units during normal WHA working hours of 8:00 a.m. to 4:30 p.m. Monday - Friday and access to water and electricity. VII. INSPECTION: The Contractor will advise the WHA s Contracting Officer, or his designee, immediately upon a unit being completed, including clean up, and is available for inspection and acceptance. VIII. PRICE: The Contractor will be paid in accordance with the Unit Price on the Bid Form in this IFB for each type of apartment completed. The unit price shall include all labor, materials, chemicals, tools, supervision, travel, expenses, etc. No other charges/fees will be paid for completion of the work in accordance with this invitation for bid. IX. CONDUCT OF WORK The work must be completed in a continuous uninterrupted operation. The Contractor must use sufficient workforce and adequate equipment to complete all the necessary work requirements within a minimum period of time. All work shall be performed between the hours of 8:00 a.m. and 4:30 p.m. on Monday through Friday. No work shall be done on holidays, Saturdays or Sundays except as specifically requested and authorized by the Worcester Housing Authority. X. INVOICING: The CONTRACTOR shall provide the WHA one invoice per unit. The invoice must clearly show: 1. the address and unit # 2. the work that was done (preparation; treatment #1; treatment#2) 3. the unit price (as listed on the Bid Form) 4. the total End of Section WHA IFB #13-06 Annual Bed Bug Extermination 11 of 35

12 EXHIBITS A-1-FORM OF CONTRACT (SAMPLE for informational purposes only) B-Instructions to Offerors for Non-Construction HUD 5369B C-General Contract Conditions (Non-Construction) HUD 5370C WHA IFB #13-06 Annual Bed Bug Extermination 12 of 35

13 WORCESTER HOUSING AUTHORITY AGREEMENT No. P ANNUAL BED BUG EXTERMINATION THIS AGREEMENT is entered into this ( )day of ( ) 2013, by and between the WORCESTER HOUSNG AUTHORITY, a body politic and corporate located at 40 Belmont St. in the City and County of Worcester, Commonwealth of Massachusetts, (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. Invitation of Bids/Scope of Work; Section C. Bid Form; Section D. All other referenced attachments. WITNESSETH WHEREAS, the WHA has been authorized by its Executive Director/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 Annual Bed Bug Extermination as provided herein, and for items as awarded by the WHA. 1. Work Statement All work to be performed as set forth in the Scope of Work of this Agreement. 2. Term of Agreement a. The contract term shall extend from : April 1, 2013 through September 31, 2014 b. This period of performance may be amended, extended or renewed only by duly signed written agreement of the parties. WHA IFB #13-06 Annual Bed Bug Extermination 13 of 35

14 3. Obligational Amount To the extent that materials and supplies are used or incorporated in the performance of this agreement, the Contractor is considered an exempt purchaser under the Massachusetts Sales Act, Chapter 14 of the Acts of Contractor shall be responsible for paying all other taxes and tariffs of any sort related to the Work. Payment Terms Authority shall pay Contractor as provided in accordance with the pricing provided on the Bid Form. Funds will be made available by the WHA to the Contractor consistent with the Bid Form. 4. 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. 5. 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. 6. 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. WHA IFB #13-06 Annual Bed Bug Extermination 14 of 35

15 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 7. Conditions of Termination 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. 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 A-3, 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. 8. Withholding of Payment 9. 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. 10. 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. WHA IFB #13-06 Annual Bed Bug Extermination 15 of 35

16 11. 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. 12. 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. 13. 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. Commercial Liability Insurance. The Contractor 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 Contractor will name the WHA as co-insured on said policy. Property Damage Insurance. The Contractor 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 Contractor will name the WHA as co-insured on said policy. Vehicle Liability. The Contractor will provide the WHA with Certificate of Insurance covering vehicle liability in an amount not less than the following: Personal Injury $500,000 each person $1,000,000 aggregate Property Damage $300,000 Workers Compensation Insurance. Contractor shall provide Worker s Compensation Insurance in accordance with the Worker s Compensation Act of the Commonwealth of Massachusetts (M.G.L. c A and M.G.L. c. 152) as follows: Workers Compensation Coverage A Statutory Minimum WHA IFB #13-06 Annual Bed Bug Extermination 16 of 35

17 Employer s Liability Coverage B $500,000 each accident $500,000 disease per employee $500,000 disease policy 14. Copyright Upon execution of this Agreement, the Contractor shall submit copies of the Certificates of Insurance identifying the WHA as co-insured. d. If Contractor self-insures, as provided by the laws of the Commonwealth, 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 Contractor under Section A-3 herein is required to procure fiduciary insurance, then Contractor shall procure such fiduciary insurance from a responsible bonding company authorized to do business within the Commonwealth. 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. 15. 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. 16. 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. 17. 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. WHA IFB #13-06 Annual Bed Bug Extermination 17 of 35

18 18. 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. 19. 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. 20. 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 Raymond V. Mariano, Executive Director Date: WHA IFB #13-06 Annual Bed Bug Extermination 18 of 35

19 EXHIBIT B Instructions to Offerors for Non-Construction Contract (HUD 5369B) WHA IFB #13-06 Annual Bed Bug Extermination 19 of 35

20 WHA IFB #13-06 Annual Bed Bug Extermination 20 of 35

21 END OF SECTION WHA IFB #13-06 Annual Bed Bug Extermination 21 of 35

22 Exhibit C General Contract Conditions (Non-Construction) HUD 5370 C WHA IFB #13-06 Annual Bed Bug Extermination 22 of 35

23 WHA IFB #13-06 Annual Bed Bug Extermination 23 of 35

24 WHA IFB #13-06 Annual Bed Bug Extermination 24 of 35

25 END OF SECTION WHA IFB #13-06 Annual Bed Bug Extermination 25 of 35

26 X. APPENDIX Note: All of the Items below shall be submitted as part of the Bid response. The Contractor hereby certifies and warrants the truth, accuracy and completeness of the following documents filed with the WHA in connection with this Agreement and incorporated by reference: 1. Certifications and Representations of Offerors (HUD 5369C) 2. Certificate of Corporation Clerk 3. Non-Collusion Affidavit 4. Bidder Information Form 5. Certificate of Tax Compliance 6. Reference Form 7. Licenses of Supervisor(s) and Applicator(s) 8. Bid Form WHA IFB #13-06 Annual Bed Bug Extermination 26 of 35

27 WHA IFB #13-06 Annual Bed Bug Extermination 27 of 35

28 WHA IFB #13-06 Annual Bed Bug Extermination 28 of 35

29 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. (Date must be ON or BEFORE date of bid) 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 Annual Bed Bug Extermination ; 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 fiduciary 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. (Date here must be ON or AFTER date of bid) (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 #13-06 Annual Bed Bug Extermination 29 of 35

30 WORCESTER HOUSING AUTHORITY BIDDER INFORMATION SHEET 1. Kindly furnish the following information regarding the Bidder: A. IF A PROPRIETORSHIP Firm Name Name of Owner Business Address Tel. Business Address Home Address Tel. B. IF PARTNERSHIP Full name and addresses of all partners: NAME ADDRESSES Business address Tel. Business Address C. IF A CORPORATION Full Legal Name State of Incorporation Principal Place of Business Qualified in Massachusetts? Yes ( ) No ( ) Place of Business in Massachusetts Tel. Business Address 2. Furnish the following information regarding Surety Company: Full Legal Name State of Incorporation Principal Place of Business Admitted to do business in Massachusetts? Yes ( ) No ( ) WHA IFB #13-06 Annual Bed Bug Extermination 30 of 35

31 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 #13-06 Annual Bed Bug Extermination 31 of 35

32 REFERENCE FORM ANNUAL BED BUG EXTERMINATION 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. USE ADDITIONAL SHEETS IF REQUIRED WHA IFB #13-06 Annual Bed Bug Extermination 32 of 35

33 WORCESTER HOUSING AUTHORITY BID FORM IFB #13-06 Bed Bug Extermination A. The undersigned proposes to furnish all labor, supervision, equipment, products, time, and materials to providebed Bug Extermination in full accordance with the Contract Documents and Invitation for Bid supplied by the WHA. B. Bidder hereby acknowledges addenda number:,,,, C. Proposed firm fixed contract prices are as follows: DESCRIPTION YEAR 1 UNIT PRICE Est. Qty. YEAR 1 TOTAL Elderly Apartments Zero Bedroom Efficiency $ 6 One Bedroom $ 25 Family Apartments One Bedroom one story $ 25 Two Bedroom-one or two story $ 25 Three Bedroom-one story $ 6 Three Bedroom-2 baths-2 or 3 story $ 6 Four Bedroom-2 baths-2 story $ 6 YEAR 1 Total DESCRIPTION YEAR 2 UNIT PRICE Est. Qty. YEAR 2 TOTAL Elderly Apartments Zero Bedroom Efficiency $ 6 One Bedroom $ 25 Family Apartments One Bedroom one story $ 25 Two Bedroom-one or two story $ 25 Three Bedroom-one story $ 6 Three Bedroom-2 baths-2 or 3 story $ 6 Four Bedroom-2 baths-2 story $ 6 YEAR 2 Total DESCRIPTION YEAR 3 UNIT PRICE Est. Qty. YEAR 3 TOTAL Elderly Apartments Zero Bedroom Efficiency $ 6 One Bedroom $ 25 Family Apartments One Bedroom one story $ 25 Two Bedroom-one or two story $ 25 Three Bedroom-one story $ 6 Three Bedroom-2 baths-2 or 3 story $ 6 Four Bedroom-2 baths-2 story $ 6 YEAR 3 Total Grand Total Years 1,2 &3 COMPANY: WHA IFB #13-06 Annual Bed Bug Extermination 33 of 35

34 D. CERTIFICATES Required documents for a responsive bid: Representations, Certifications and Other Statements of Bidders (HUD 5369C) Certificate of Corporation Clerk Non-Collusive Affidavit Bidder Information Form Certificate of Tax Compliance Reference Form Licenses of Supervisor(s) and Applicator(s) Bid Form 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. The undersigned agrees that, if selected as 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 s/he 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 s/he 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 ( ), Company Name: Company EIN# Street Address City / State / Zip Address Phone / Fax By: Signature Print Name here End of Section WHA IFB #13-06 Annual Bed Bug Extermination 34 of 35

35 Worcester Housing Authority IFB #13-06 Annual Extermination of Bed Bugs EXCEPTION SHEET COMPANY NAME: WHA ITEM DESCRIPTION ALTERNATE (LIST MFCT. NAME AND ITEM #) MAKE COPIES OF THIS PAGE IF ADDITIONAL PAGES REQUIRED WHA IFB #13-06 Annual Bed Bug Extermination 35 of 35