worcester housing authority ifb to · 2015. 3. 26. · wha –ifb #15-14 supply & delivery of...

WORCESTER HOUSING AUTHORITY

CONTRACT FOR THE SUPPLY DEPARTMENT

INVITATION FOR BIDS #15-14

SUPPLY & DELIVERY OF KITCHEN CABINETS

Issued Date: March 26, 2015

Due Date: 10:00 a.m., April 16, 2015

Issued by:

Worcester Housing Authority

Purchasing Department

69 Tacoma St., Worcester, MA 01605

(508) 635-3202, TDD (508) 798-4530

Fax: (508) 635-3289

EXECUTIVE DIRECTOR, RAYMOND V. MARIANO

WHA – IFB #15-14 Supply & Delivery of Kitchen Cabinets 2 of 34


IFB #15-14 Supply & Delivery of Kitchen Cabinets

Table of Contents

Invitation For Bid 3

Section Page

1. Introduction 4

2. IFB Terms and Conditions 4-6

3. Bid Instructions 5-6

4. Withdrawal of Bids 5

5. Bid Submission 5-6

6. Contract Award 5

7. References 5

8. Bid Specification 5-7

9. Exhibits

Form of Contract

Instructions to Offerors for Non-Construction - HUD 5369 B

General Contract Conditions (Non-Construction) - HUD 5370 C2

10. Appendix(*)

a) Certifications and Representations of Offerors Non-Construction Contract HUD 5369 C

b) Certificate of Corporation Clerk

c) Non-Collusion Affidavit

d) Certificate of Tax Compliance

e) Reference Form

f) Debarment/Suspension Certification

g) Bid Form

(*Note: All items under paragraph 10, Appendix, are to be submitted as part of the bid response.)



INVITATION FOR BIDS #15-14

The Worcester Housing Authority invites sealed bids from qualified bidders for the: Supply & Delivery of

Kitchen Cabinets.

Bids will be received until: 10:00a.m., April 16, 2015

at the Purchasing Department, 69 Tacoma St., Worcester, MA 01605. Immediately following the deadline for

bids all bids received within the time specified will be publicly opened and read aloud.

The awarded contractor shall: supply and deliver Kitchen Cabinets that meet or exceed all requirements of ANSI

A161 and HUD Severe Use and testing standards for certification by the National Kitchen Cabinet Associates

(NKCA). The low bidder will be required to provide, at no cost to the WHA, a SAMPLE of the cabinets they

bid at the request of the WHA. No award will be made until the cabinet is approved by the WHA. Pricing shall

include FOB Destination. These cabinets will be for the Curtis and Lakeside Apartments–they will all be

delivered to Curtis storage room.

All bids are subject to the provisions of M.G.L. Chapter 30B.

Award will be made to the bidder with the lowest Grand Total for all line items that has been deemed

responsive and responsible. Estimated cost of this contract is: $175,000 per year

The term of this contract shall extend for three years from: Day of Contract Execution – May 31, 2018, in

accordance with the pricing in the Bid Form and no change to the contract terms and conditions

Contract Documents will be emailed to all bidders having requested to be on the bidders list or bidders may

view and download all bids online at: http://worcester-housing.com/purchasing.html and will also be available

for pick up at the Purchasing Department or after 10:00 a.m., Issued Date. There will be no charge for contract

documents. The Worcester Housing Authority reserves the right to terminate the contract if funding for its

continuance is not appropriated in the succeeding fiscal year commencing April 1.

All bids shall be submitted as one ORIGINAL and one COPY.

Envelopes containing bids must be plainly marked as “Bid NO. 15-14 Supply & Delivery of Kitchen

Cabinets” with the date and time of bid opening clearly indicated on the outside of the envelope. All bids shall

be mailed or delivered to:


Purchasing Department

Attn: Re Cappoli

69 Tacoma Street

Worcester, MA 01605

The WHA does not guarantee the purchase of any specific minimum/maximum quantities and reserves the right

to increase or decrease quantities as required. 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/Board of Commissioners.


Re Cappoli

Chief Procurement Officer

March 26, 2015

http://worcester-housing.com/purchasing.html


I. INTRODUCTION

The purpose of this procurement is for the solicitation of bids for the purchase of Supply & Delivery of

Kitchen Cabinets for Worcester Housing Authority as specified herein and currently being used at various

Worcester Housing Authority residential properties. Quantities have increased under this contract as we have a

three year project scheduled to replace the kitchen cabinets at our Lakeside apartments.

Bidders are invited to email all questions regarding products/ services/contract requirements to

[email protected] or fax (508) 635-3289, no later than 72 hours prior to the submittal date.

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.

In this bid you will be asked to complete the box below, on your Bid Form. 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.

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 and emailed to all prospective Bidders that have requested a copy of this IFB

package and posted online at: http://worcester-housing.com/purchasing.html . 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 vendor shall have no claim for additional compensation, or refuse to provide the

product, by reason of the actual quantities involved being greater or lesser by any amount than those called for.

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 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.

Prompt Payment Discount: take _______% paid within _____ days.

NO discount provided

mailto:[email protected]

http://worcester-housing.com/purchasing.html


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. 30B 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."

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 vendors.

The selected vendor(s) agrees to provide Supply & Delivery of Kitchen Cabinets 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 Board of Commissioners 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.

Public Liability Insurance. The Bidder will provide the WHA with Certificates of Insurance covering public

liability in an amount not less that $500,000.00 for damages to one person, and not less than $1M per accident.

The Bidder will name the WHA as co-insured on said policy.

Property Damage Insurance. The Bidder will provide the WHA with Certificates of Insurance covering property

damage in an amount not less that $500,000.00 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 IFB 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. All notifications must be made, in writing, to the Chief

Procurement Officer at [email protected] or faxed to (508) 635-3289.

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 72 hours prior to the time and 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 be emailed by the WHA and posted on the

Purchasing website, www.worcester-housing.com/Purchasing 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, one original and one copy, of the required submitted documents provided within

this IFB package. Bids should be typed or may be printed in ink.

1. Where indicated on the Bid form, sums must be expressed in both unit prices and totals. If there is a

discrepancy between the bid total and the unit price, the unit price shall control.

2. Bidders shall acknowledge receipt of any/all addenda on paragraph “B” of the provided Bid Form.

3. Bidders should review their bid to ensure that it is complete, properly endorsed or signed.

Incomplete bids will be rejected.

4. If the Worcester Housing Authority receives identical bids from two or more responsive and

responsible Bidders that also represent the lowest bid price, the Worcester Housing Authority shall

select the successful Bidder through a blind selection process (such as flipping a coin or drawing

names from a hat). Bidders with the lowest bids will be invited to attend and observe the selection

process. If one, but not both of the tie bidders is a MWBE certified vendor, preference will be given

to that vendor.

IV. WITHDRAWAL OF BIDS

Prior to bid opening, any bid may be withdrawn, upon written request, prior to the time and date set for the bid

opening. Withdrawal of bids must be confirmed over the Bidder’s signature. Requests to withdraw bids may be

transmitted by first class mail, by facsimile transmission or by personal in-hand delivery. Bids may be re-

submitted up to the time and date designated for the receipt of bids.

Bidder may also modify a bid by written notice if received by the WHA prior to the time and date set for the bid

opening. Bid modifications must be submitted in a sealed envelope clearly labeled “Modification No. __”.

Each modification must be numbered in sequence and must reference the original IFB.

After the bid opening, a Bidder may not change any provision of the bid in a manner prejudicial to the interests

of the WHA or fair competition. Minor informalities will be waived or the Bidder will be allowed to correct

them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be

corrected to reflect the intended correct bid and the Bidder will be notified in writing. In such instance, the

Bidder may not withdraw the bid.


http://www.worcester-housing.com/Purchasing


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, if required, and any other required documents should be

enclosed in a sealed envelope and plainly marked as:

Bid #15-14 Supply & Delivery of Kitchen Cabinets


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 Board of Commissioners or the Board of

Commissioners.

The WHA reserves the right to waive any informality in or to reject any or all bids if it be deemed by the WHA

as in the public interest to do so.

The WHA will award the contract to the lowest responsible and eligible Bidder within thirty (30) days,

Saturdays, Sundays and legal holidays excluded, after the opening of bids.

The final contract shall not be valid until fully executed by both parties.

VII. REFERENCES

Bidders must submit a complete list of customers who have purchased Kitchen Cabinets materials in the past

five (5) years. Please use the Reference Form attached hereto.

VIII. INVOICES:

Contractor shall invoice the WHA only for the product(s) or service(s) provided.

All invoices shall include the following:

1. Note the contract number/purchase order number on the first page of the invoice

2. List the item(s) or service(s) provided

3. List the quantity of each item or service

4. List the contract unit price for each item invoiced

5. List the total for each line item

6. List the PROMPT PAY DISCOUNT, if applicable

7. Email invoices to: [email protected] or mail the invoices to:


Purchasing Dept.

69 Tacoma St.

Worcester, MA 01605

THIS SPACE INTENTIONALLY LEFT BLANK



IX. BID SPECIFICATIONS

Specifications for Kitchen Cabinets

(Furnish Only No Installation) 1.01 Cabinets and Related Materials

A. The WHA is requesting in this bid, pricing for an estimated quantity of 20 kitchen sets for the Lakeside Apartments and 50 kitchen sets for the Curtis Apartments per year for the next three years. The WHA will take delivery of up to 10 COMPLETE sets at a time. It is expected average delivery quantity is 5 COMPLETE sets at a time and all deliveries must be coordinated with the Contract Manager.

B. Note: The WHA currently has a contract in place for cabinets for the Curtis Apartments that extends until December 2015. Cabinets purchased under this contract for the Curtis Apartments will commence upon completion of the current contract (once all cabinets have been purchased under the current contract or December 31, 2015, whichever occurs first).

C. Furnish wood Cabinets as described in specifications. 1. Wood cabinets. 2. Wood trim at cabinets. 3. Cabinet hardware. 1.02 QUALITY ASSURANCE:

a. All kitchen cabinets are to meet or exceed all requirements of ANSI A 161 and HUD approved as

Severe Use, and meets or exceeds testing standards for certification by the National Kitchen Cabinet Association (NKCA).

b. Single-Source responsibility: Obtain cabinets from a single manufacturer.

1.03. SUBMITTALS:

A. Submit the following Shop Drawings, samples and technical data

1. Product Data: Submit specifications & general recommendations from manufactures including data that materials comply with requirements specified herein.

2. Submit Shop Drawings of all cabinet work showing plans and elevations of kitchen cabinets, wood trim, fillers etc., divider panels, at a scale not less than 1/2 inch equal 1 foot. Printed brochures will not be accepted as a substitute for Shop Drawings.

3. If requested by the WHA, submit sample base and hanging kitchen cabinets, complete with hardware and finish coating at time of submission of Shop Drawings.

4. Submit cabinet(s) finish coating process for WHA approval. 5. Provide a Certification of Specification compliance.

1.04 PRODUCT DELIVERY, STORAGE AND HANDLING:

A. Protect wood cabinets during transit; delivery, storage and handling to prevent damage, soiling and deterioration is full responsibility of the contractor.

B. All orders shall be shipped complete, no partial deliveries will be accepted.

C. It is the contractor’s responsibility to coordinate all deliveries with the assigned WHA Contract Manager upon receipt of the order. Due to the coordination of WHA labor to take delivery of these items, the contractor shall contact the Contract Manager no less than forty-eight (48) hours prior to the delivery with a two (2) hour delivery window (i.e., delivery will be made on ________ day between


9:00 a.m. – 11:00 a.m.). WHA shall not be responsible for taking a delivery that is not scheduled according to these specific specifications.

1.05. PRODUCT GUARANTEE AND WARRANTIES:

A. Upon delivery, inspection and before storage of the cabinets the manufacture shall replace if damaged during shipment all damaged cabinets. The manufacturers will furnish a written warrantee that the cabinets are free from defective materials and warrantee manufacturer’s workmanship for a period of one year. Upon notification of any such defects within the warrantee period, make all necessary repairs and replacements at no cost to the Owner.

B. Warranty shall be in addition to, and not a limitation of, other rights of the Owner may have under the

purchase agreement. 2.01 MANUFACTURERS:

A. Acceptable Manufacturer (NO SUBSTITUTES allowed under this contract):

1. Armstrong Cabinet Products – NO SUBSTITUTES allowed under this contract due to the storage space constraints of the WHA.

B. To set a standard of Quality: Armstrong Extreme Coronet honey stained wood cabinets with solid

grooved, raised panel door style by Armstrong.

C. Products manufactured by Armstrong have been specified herein to establish quality standards. Comparable products from one of the above named manufacturers may be acceptable subject to review and approval by the WHA.

2.02. CABINET CONSTRUCTION:

A. Wall and Base Cabinets: Wall and base cabinets shall be solid routed, raised panel door style, by of the same construction and outside appearance and must have face frames. Construct cabinets of solid lumber and plywood with wood veneer core. No particle board, flake board, fiberboard, or hardboard will be accepted. All parts touching floor must be of pressure treated solid lumber. Brace cabinets as necessary to produce sturdy and rigid construction. Only first quality methods, materials and workmanship will be used.

1. Face Frames: 3/4 inch thick by 1 1/2 wide of kiln dried solid hardwood, free of knots and selected

for light uniform color suitable for natural finish. Frames to be mortised and tenoned, dovetailed, or doweled, glued and stapled under pressure and filled and sanded. Vertical end members (stiles) to be 1-1/2 inches wide. Vertical center members between doors and drawers (mulls) to be minimum 2 inches wide. Horizontal members (rails) to be 1-1/2 inch wide. Stiles and top and bottom rails to be dadoed to receive ends, bottoms and tops.

2. End/Side Panels: Exposed ends/sides shall be minimum ½ inch thick 5-ply 2-2 grade exterior

hardwood plywood, with oak veneer selected for light uniform color. Ends not exposed can be ½ inch exterior softwood plywood, grade A-D, with "AM side to inside of cabinet. Ends shall be dadoed a minimum of ¼ inch deep to receive shelves, bottoms, and tops. Ends must be let into dadoed in face frame. Base cabinet end panels shall stop 3 ½ inches above the floor and be supported by 3 ¼ inch by 3 ½ inch pressure treated solid lumber member. NOTE: blind base cabinets shall have panels installed on interior open end.

3. Backs: Required on all cabinets. Minimum ¼ inch thick 2-2 grade exterior hardwood or A-O

grade exterior softwood plywood. Must be securely glued & stapled to ends, 3 ½ inch cleats and shelves of cabinet. Back may be let into dado of ends and installation cleats or may be applied flush with ends of cabinets and installation cleats.


4. Installation Cleats: Minimum of ¾ inch by 3 ½ inch S4S, "e" grade, kiln dried solid lumber, dadoed to receive bottoms and tops. Two horizontal members running full length of cabinet at top and bottom required. Base cabinets to have 7 ½inch cleat at the top and 3 ½ inch cleat at the bottom. Base cabinets with drawers must have a third member at drawer height to receive side mount drawer slide bracket

5. Wall cabinet tops/bottoms: ½ inch plywood with birch or equal veneer on interior/exterior

surfaces. Clear sealer finish on all interior/exterior surfaces. Tops/bottoms shall be let into dadoes in ends, installation cleats and front frames. Tops/bottoms must also be glued and nailed into end/sides and frame of cabinet

6. Shelves: 3/4 inch x 10 7/8 inch exterior hardwood plywood with birch or equal veneer on both

faces and wood bonded front edge. Clear sealer finish on all surfaces. Base cabinet shelves to be fixed, let into dadoes of end panels and braced behind mulls, glued and nailed.

7. Doors: 3/4 inch thick, light oak stained solid hardwood routed raised panel-styling milled directly

into the solid panel with edges reversed shaped to form continuous finger grip around all sides. Edges shall be filled and sanded smooth prior to finish.

8. Base Bottoms: ½inch thick 2-2 grade exterior hardwood or A-3 grade exterior softwood plywood.

Bottoms shall be let into end panels, front rails and installation cleats. Bottom shall be supported by ¾ inch thick pressure treated solid lumber braces 24 inch o. c. running front to rear of cabinet and resting on floor.

9. Toe Kicks: ¾ inch thick pressure treated solid lumber, all parts resting on the floor must be

pressure treated.

10. Drawers: Drawer fronts shall be same material as doors. Sides and backs shall be minimum of 11/16 inch thick "C" grade solid lumber. Backs shall be dadoed into sides. Drawer bottoms shall be minimum ¼ inch hardwood exterior plywood let into front, sides and back. All drawer parts shall be glued, and nailed together. Cabinet member guides must be attached at rear to ¾ inch solid lumber hanging rail with additional cleats (7/8 inch x ¾ inch x 6 inch) attached to end panels to support drawer suspension at midpoint Note: Drawer face piece to be mechanically fastened to dadoed back piece.

11. Finish: All exposed surfaces and interior of cabinet shall be factory finished consisting of stain,

sealer and polyurethane coats, or an equivalent coating system, lightly sanded between application. Sealer and top must be oven dried. Color shall be selected by the WHA from manufacturer's standard colors.

12. Hardware: Provide corrosion resisting hardware. Hinges shall be manufacturer’s standard heavy

duty with self closing feature semi-concealed wrap-around type. Cabinet drawers shall be mounted on metal side rails with 100 lb. loading capacity and positive stop locks equal to model 1305 by Knape and Vogt Manufacturing or equal by Washington Manufacturing or Grant Manufacturing. All cabinet doors and drawers shall be furnished with 4” brushed solid brass wire pulls color/finish to match hinges.

NOTE: Wrap around type hinges shall be installed after face frames and doors have received the specified factory finish. Cabinets with hinges installed prior to application of the factory finish will not be acceptable. 2.03. PACKING:

A. All cabinets shall be individually packaged to ensure arrival at the WHA storage site in perfect condition. All cartons and interior packaging conform to uniform freight classification and national motor freight classification.


3.01 DELlVERY

A. Cabinets and related items shall be delivered to the WHA by manufacturer, where they will be received and tailgate unloaded by the WHA.

4.01 INVOICES:

Contractor shall invoice the WHA only for the product(s) or service(s) provided.

All invoices shall include the following:

1. Note the contract number/purchase order number on the first page of the invoice

2. List the item(s) or service(s) provided

3. List the quantity of each item or service

4. List the contract unit price for each item invoiced

5. List the total for each line item

6. List the PROMPT PAY DISCOUNT, if applicable

7. Email invoices to: [email protected] or mail the invoices to:


Purchasing Dept.

69 Tacoma St.

Worcester, MA 01605

End of Section



SAMPLE Contract Documents

This section of the IFB is informational only and does not need to be

returned with the bid.



AGREEMENT No. P15-14

SUPPLY & DELIVERY OF KITCHEN CABINETS

THIS AGREEMENT is entered into this ___ day of _______________ 2015, by and between the

WORCESTER HOUSING AUTHORITY, a body politic and corporate with principal offices located at 40

Belmont St., Worcester, MA, (hereinafter referred to as “WHA”) and

Company Name

Contact Person

Address

City, State, Zip

Email

Phone/Fax

(hereinafter referred to as the “Contractor”)

This Agreement consists of four parts:

Section A. General Provisions;

Section B. Scope of Work/Specifications

Section C. Bid Form

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 Kitchen Cabinets as provided herein.

1. Work Statement

All work to be performed as set forth in the “Scope of Work” of this Agreement.

2. Term of Agreement

The term of this contract shall extend for three years from:

Day of Contract Execution – May 31, 2018

a. This period of performance may be amended, extended or renewed only by duly signed written

agreement of the parties.


3. Obligational Amount

The WHA agrees to compensate the Contractor under this Agreement only for purchases made by the

WHA during the term of the contract period. This contract does not guaranty an expenditure floor or

minimum nor does it provide an expenditure ceiling.

4. Cost Limitations

Funds will be made available by the WHA to the Contractor consistent with Section C,

“Budget/Compensation; and Conditions Thereof “, which defines as costs which are necessary and

reasonable for the proper and efficient performance of services under this Agreement.

5. Availability of Funds

a. This Agreement is contingent upon the receipt of funds and continued authorization for

program/project activities and services. In the event that such become unavailable for any reason, or

authorization for the activities described herein is withdrawn or otherwise modified, the WHA has the

unilateral right and discretion to terminate this Agreement upon five (5) days written notice. In the event

of such termination, the procedures outlined under clause 10 “Conditions of Termination”, herein, shall

become operative.

b. In the event that funds are reduced, or authorization for program/project activities modified, the WHA

also retains the unilateral right and discretion to modify this Agreement pursuant to clause 7 “Reduction

of Contract Obligational Amount”.

6. Reduction of Contract Obligational Amount

a. In the event funds to the WHA are reduced for any reason, the WHA may unilaterally reduce funding

of this Agreement upon five (5) days written notice to the Contractor. A reduction of services

commensurate with reduction of funding will be determined by the WHA.

b. The WHA reserves the right to reduce the obligational amount under this Agreement in the event that

expenditure of funds by the Contractor for eligible activities is at such a rate as to likely result in a

surplus at the termination date of this Agreement.

7. Termination of Agreement

a. Termination by the WHA

i. Termination for Cause

If the Contractor fails to perform in a timely and proper manner its obligations under this Agreement, or

if the Contractor violates any of the terms, covenants and/or conditions of this Agreement, the WHA

may terminate this Agreement, in whole or in part, by giving five (5) days written notice of termination

to the Contractor of said termination, specifying the reason(s) thereof.

ii. Termination for Fraud

This Agreement will be terminated immediately in the event of fraud or program abuse.

iii. Termination for Convenience

The WHA may terminate this Agreement, in whole or in part, when such termination is deemed to be in

the best interest of the WHA. In such case, the WHA may terminate this Agreement by giving thirty

(30) days written notice of termination.


iv. Termination Due to Unavailability of Funds

The WHA may terminate this Agreement, in whole or in part, upon five (5) days written notice of

termination based upon funding availability as described in clause 6.

b. Termination of Agreement by Contractor

1. In the event the WHA shall fail to fulfill its obligations under this Agreement, or in the event

the WHA shall violate any of the terms, covenants and conditions of this Agreement, the

Contractor shall, after an administrative hearing and determination that a breach exists, have the

right to terminate this Agreement, by giving a thirty (30) day written notice of termination.

2. The administrative hearing shall be conducted by the WHA within fifteen (15) days of receipt

of written hearing request.

8. Conditions of Termination

a. In any and all cases of termination of Agreement, as described above, all records, documents, assets,

property and equipment purchased by the Contractor, on behalf of the WHA, with funds provided under

this Agreement, shall at the option of the WHA become the property of the WHA.

b. In case of termination, the Contractor shall be entitled to receive compensation for any work

satisfactorily completed or shall be entitled to costs incurred to the date of termination. Such

compensation shall be as described in Section C, “Conditions of Compensation”.

c. The Contractor, in case of such termination, as outlined in Clause 7, shall not be relieved of liability

to the WHA for damages sustained for personal injury, property damage and/or by virtue of any breach

of the Agreement by the Contractor.

d. Upon such termination, the WHA may withhold any payments to the Contractor for the purpose of

set-off until such time as exact amount of damages to the WHA is determined.

9. Withholding of Payment

a. If the Contractor is found to be in non-compliance with any provision of this Agreement, the WHA

will notify the Contractor in writing and the Contractor will be allowed fifteen (15) days to meet

compliance requirements.

b. If, after said fifteen (15) day period, the Contractor fails to comply, the WHA may reduce or withhold

payment to the Contractor until such compliance is rendered.

10. Assurances

The Contractor accepts sole responsibility for ensuring that all activities undertaken pursuant to this

Agreement comply with all applicable federal, state and local laws, rules and regulations.

11. Subcontracts

The Contractor shall not subcontract, assign or transfer any of the services provided under this

Agreement without the prior written consent of the WHA.


12. Conflict of Interest

Issues of conflict of interest shall be resolved according to M.G.L. c. 268A and the requirements of any

and all public funding source under this Agreement, whichever is more restrictive. It is the

responsibility of the Contractor to ensure that all conflict of interest requirements are adhered to.

13. Reports and Record Keeping

a. The Contractor agrees to submit all written reports and financial invoices to the WHA as required

and in accordance with all reporting formats provided and specified herein, if any.

b. The Contractor agrees to retain said reports, records and supporting documentation for six (6) years,

or until such time any issues in an open audit are resolved.

c. The Contractor agrees to comply with Massachusetts Public Records Law, M.G.L. c. 66, and relevant

federal and/or local statutes, rules or regulations, whichever is more restrictive, regarding record

retention.

14. Indemnification

a. The Contractor shall indemnify and hold harmless the WHA, and its officers or agents, from any and

all third party claims arising from activities under this Agreement as set forth in M.G.L. c. 258, § 2 as

amended.

b. The Contractor will hold harmless the WHA for damages arising from negligence, violation of the

federal/state funding authority requirements, and/or failure to secure required and necessary insurance.

c. The Contractor upon execution of this Agreement and throughout its term, unless otherwise provided

by law shall procure workers’ compensation, fire, theft, casualty, extended coverage, personal liability,

and any other pertinent insurance for the purpose of insuring property purchased with public funds

under this Agreement; for the protection of personnel employed by the Contractor as a result of this

Agreement; and for individuals participating in agency activities as a result of this Agreement.

1. Public Liability Insurance. The Contractor shall provide the WHA with Certificates of

Insurance covering public liability in an amount not less than $1,000,000.00 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 $1,000,000.00 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.


15. Copyright

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 consideredemployees 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

a. From time to time, either party to this Agreement may request changes in the scope of services,

operational plan, conditions of compensation, budget or term of the Agreement. Such changes, which

are mutually agreed upon by the WHA and the Contractor, must be incorporated into this Agreement by

written amendment and duly executed by both parties.

b. In the event that federal or state policies or procedures governing this Agreement are modified during

the period of performance as described under clause 2, such modification shall be incorporated into this

Agreement by reference to same.

19. Advertising

All advertising related to this Agreement, i.e. stationery, press releases, newspaper articles, pamphlets

and flyers, must refer to the WHA as a funding source. Copies of such materials are to be sent to the

WHA in advance of publication.

20. Severability

If any provision in this Agreement is determined to be illegal, unenforceable or void by a court of

competent jurisdiction, then that provision shall be deemed severed from this Agreement. All other

provisions of this Agreement shall continue in full force.


21. Governing Laws and Jurisdiction

The WHA and the Contractor do mutually agree that the laws of the Commonwealth of Massachusetts

govern this Agreement, except as otherwise provided by federal law, rules and regulations with respect

to federal funds. The parties further agree that jurisdiction over any dispute arising out of this

Agreement shall be limited to any court of competent jurisdiction within the Commonwealth of

Massachusetts.

IN WITNESS THEREOF the Worcester Housing Authority and the Contractor have executed this

Agreement as of the Date first above written.

Contractor Worcester Housing Authority

By: By:

Title: Board of Commissioners, Chairperson

Date: Date:


Exhibit B – Instructions to Offerors for Non-Construction Contract

(HUD 5369B)


END OF SECTION


Exhibit C

General Contract Conditions (Non-Construction)

(HUD 5370 C2)


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 does not need to

be returned with the bid.


X. APPENDIX

Note: All of the Items below are to be submitted as part of the Bid response.

1. Certifications and Representations of Offerors HUD 5369C

2. Certificate of Corporate Clerk

3. Non-Collusion Affidavit

4. Certificate of Tax Compliance

5. Reference Form

6. Debarment/Suspension Certification

7. Bid Form

Note: All of the above Items are to be submitted as part of the Bid response.


END OF SECTION


CERTIFICATE OF CORPORATION CLERK

(For use when Bidder is a Corporation)

The undersigned Clerk of _______________________________ a corporation, duly organized and existing

under the laws of the State of ____________________________, hereby certifies that the following are true

and correct copies of votes duly adopted by the Board of Directors of said corporation at a meeting thereof held

on ____________________________, at which meeting a quorum of said Board was present and voted in

favor of said votes.

VOTED: That_______________________________in his capacity as ______________________________of

this corporation be authorized, and he is hereby so authorized, to prepare and execute a proposal to the

Worcester Housing Authority in response to its invitation for bid for Supply & Delivery of Kitchen

Cabinets; and that such proposal may be submitted upon such terms and conditions as he shall decide.

VOTED: That he be further authorized, and he is hereby so authorized, to execute and deliver the contract

documents for such work upon such terms and conditions as he shall decide;

VOTED: That he be further authorized, and he is hereby so authorized, to execute and deliver a performance

bond and a payment bond with respect to said contract upon such terms and conditions as he shall decide:

VOTED: Further, that his signatures on said documents shall constitute conclusive evidence that they have

been authorized by this vote.

IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said

_____________________________________________________________

( Name of Corporation)

this _____ day of __________________, 20____.

_____________________________________

(Corporate Clerk)

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and

without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural

person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

___________________________________________

Signature of individual submitting bid or proposal

___________________________________________

Name of business

COMMONWEALTH OF MASSACHUSETTS

County of _______________________________, ss. ___________, 20( )

On this ___ day of _____, 20( ) before me, the undersigned Notary Public, personally appeared the above-named

__________________________________________________ and proved to me through satisfactory evidence of

identification, which was _________________________________________, to be the person whose name is signed on this

document, and acknowledged to me that he/she signed it voluntary for its stated purpose and that it is their free act and

deed. ______________________________ Notary Public (Name and Seal) My Commission Expires:______________________


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

________________________________________

Worcester Housing Authority / State / Zip

________________________________________

Phone / Fax

________________________________________

Email Address

By:_____________________________________

Signature

________________________________________

Print Name here


REFERENCE FORM

List all contracts within the past five (5) years that are of similar size, scope and dollar amount to this contract. For each

contract complete the following information:

REFERENCE: ________________________________________________________________________

ADDRESS: ________________________________________________________________________

CONTACT: ________________________________________________________________________

PHONE/EMAIL:________________________________________________________________________

Description and dates of service with contract $$ value.

___________________________________________________________________________________________________

___________________________________________________________________________________________________

REFERENCE: ________________________________________________________________________

ADDRESS: ________________________________________________________________________

CONTACT: ________________________________________________________________________

PHONE/EMAIL:________________________________________________________________________


___________________________________________________________________________________________________

___________________________________________________________________________________________________

REFERENCE: ________________________________________________________________________

ADDRESS: ________________________________________________________________________

CONTACT: ________________________________________________________________________

PHONE/EMAIL:________________________________________________________________________


___________________________________________________________________________________________________

___________________________________________________________________________________________________

REFERENCE: ________________________________________________________________________

ADDRESS: ________________________________________________________________________

CONTACT: ________________________________________________________________________

PHONE/EMAIL:________________________________________________________________________


___________________________________________________________________________________________________


Worcester Housing Authority Purchasing Department

Ms. Re Cappoli, Chief Procurement Officer

[email protected]

(508) 635-3202

Date:______________________

Vendor/Contractor Name:____________________________________________

Subject: Debarment/Suspension Letter for Invitation For Bid #_________________________________

As a potential vendor on the above contract, the City requires that you provide a debarment/suspension certification

indicating that you are in compliance with the below Federal Executive Order. Certification shall be done by completing

and signing this form and submitting with your bid.

Debarment:

Federal Executive Order (E.O.) 12549 “Debarment and Suspension” requires that all contractors receiving

individual awards, using federal funds, and all sub-recipients certify that the organization and its principals are not

debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal

department or agency from doing business with the Federal Government.

I hereby certify under pains and penalties of perjury that neither I nor any principal(s) of the Company indentified below is

presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in

this transaction by any federal department of agency.

Name: Please Print Clearly

Signature:

Company:

Address:

Address:

Email Address:

Phone/Fax #s /

Date:




BID FORM

15-14 SUPPLY & DELIVERY OF KITCHEN CABINETS

1. PROPOSAL: The undersigned proposes to furnish Supply & Delivery of Kitchen Cabinets in accordance with the

scope of work included in this invitation for bid.

2. ADDENDA:Bidder hereby acknowledges addenda numbered: , , , , ,

3. CONTRACT PRICE: The proposed contract prices, FOB Destination, are as follows:

YEAR 1 (Lakeside Apartments)

DESCRIPTION CODE Unit Price Est Qty Total Cost

Broom Closed BRM 158424 - Finish 2 sides $ 20 $

Wall Above Refrigerator W3018 FINISH 2 SIDES $ 20 $

Sink Base SB30 $ 20 $

Base Cabinet (Right) B18R $ 10 $

Base Cabinet (Left) B18L $ 10 $

18" 4 Drawer Base DB184 finish 2 sides $ 20 $

Wall Above Stove W2418 $ 20 $

Wall Above Sink W3630 $ 40 $

Filler F6 $ 20 $

8" Base Filler BF8 $ 20 $

Tall Filler F18 $ 20 $

YEAR 1 Lakeside Total $

YEAR 1 (Curtis Apartments – 2 Bedroom)


Broom Closed BRM 188424 - Finish 2 sides $ 25 $

Wall Above Refrigerator W3624 FINISH 2 SIDES $ 25 $


Base Cabinet (Right) B15R $ 12 $

Base Cabinet (Left) B15L $ 13 $

18" 4 Drawer Base DB184 finish 2 sides $ 25 $



Filler F3 $ 25 $

8” Base Filler F830 $ 25 $

$ $

YEAR 1 Curtis 2 Bedroom Total $

YEAR 1 (Curtis Apartments – 3 Bedroom)


Broom Closet BRM 188424 - Finish 2 sides $ 25 $

Wall Above Refrigerator W3624FINISH 2 SIDES $ 25 $


Base I Drawer B27 $ 25 $

4 Drawer Base DB184 finish 2 sides $ 25 $



Wall Cabinet W3930 $ 25 $

8" Base Filler F6 $ 25 $

8” Base Filler BF8 $ 25 $

YEAR 1 Curtis 3 Bedroom Total $

Year 2 cost will increase by _____% over Year 1

Year 3 cost will increase by _____% over Year 2

Company: ______________________________________________


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.

COMPANY NAME:

D. The bidder has signed and returned all forms in Appendix 1-6.

E. The undersigned agrees that, if he is selected he will within five days, Saturdays, Sundays and legal holidays

excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of

this bid.

The undersigned hereby certifies that 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 he will comply fully with all laws and regulations

applicable to awards made subject to MGL c.30B

The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and

made without collusion or fraud with any other person. As used in this subsection the word “person” shall mean

any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further

certifies under penalty of perjury that the said undersigned is not presently debarred from doing work in the

commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, 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 1001.

SUBMITTED this ( ) day of ( ), 20( ).

Company Name: Company EIN# __________________

________________________________________

Street Address

________________________________________

Worcester Housing Authority / State / Zip

________________________________________

Phone / Fax

________________________________________

Email Address

By:_____________________________________

Signature

________________________________________

Print Name here

END OF SECTION

Prompt Payment Discount: take _______% paid within _____ days.

NO discount provided