WORCESTER HOUSING AUTHORITY

Transcription

1 WORCESTER HOUSING AUTHORITY INVITATION FOR BIDS NO ANNUAL ELEVATOR MAINTENANCE & SERVICE RELEASE DATE: 10:00 a.m., February 17, 2010 PRE-BID CONFERENCE: 10:00 a.m., February 24, Tacoma St., Worcester BID SUBMITTAL DATE: 10:30 a.m., March 3, Tacoma St., Worcester, MA 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 #1 IFB #11-03 ELEVATOR MAINTENANCE February 24, 2011 During the Pre-bid conference, held on this day, 10:30 a.m., it was requested that the pricing from the previous bid, including the current contract pricing be provided. Below are the results of the previous bid and the award was made to the lowest, responsible, eligible bidder, Associated Elevator Co. BID RESULTS 2008 Elevator Maintenance & Service Associated Elevator Co., Inc., Total Three Year Bid Price of $263, plus Billing Rates for work outside of contract terms under this contract ranging from Regular Time of $150.00/Hr for Elevator Mechanic to Double Time of $400.00/Hr for Elevator Mechanic and Helper. United Elevator Co., Total Three Year Bid Price of $281, plus Billing Rates for work outside of contract terms under this contract ranging from Regular Time of $130.00/Hr for Elevator Mechanic to Double Time of $520.00/Hr for Elevator Mechanic and Helper. Thyssen Krupp Elevator, Total Three Year Bid Price of $307, plus Billing Rates for work outside of contract terms under this contract ranging from Regular Time of $200.00/Hr for Elevator Mechanic to Double Time of $760.00/Hr for Elevator Mechanic and Helper. Worcester Elevator Co., Inc., Total Three Year Bid Price of $424, plus Billing Rates for work outside of contract terms under this contract ranging from Regular Time of $165.00/Hr for Elevator Mechanic to Double Time of $608.00/Hr for Elevator Mechanic and Helper. Eagle Elevator Co., Inc., Total Three Year Bid Price of $430, plus Billing Rates for work outside of contract terms under this contract ranging from Regular Time of $160.00/Hr for Elevator Mechanic to Double Time of $630.00/Hr for Elevator Mechanic and Helper. All other terms and conditions of this bid remain unchanged PLEASE ENSURE THAT YOU ACKNOWLEDGE THIS ADDENDUM ON YOUR BID FORM Thank you, Re Cappoli Chief Procurement Officer 2 of 53

3 TABLE OF CONTENTS Invitation for Bid Required Documents for Bid Submittal Contract Documents (Sample Informational Only) Contract Form Attachment 1 Specifications/Operation Plan Attachment 2 Budget/Compensation Attachment 3 Other Referenced Attachments Performance Bond Payment Bond Specifications MBE NOTICE Exhibits: (*) Items to be submitted as part of Sealed bid Package. 1. *Sealed Bid Form 2. *Bid Bond 3. *D-1. Non-Collusive Affidavit 4. *D-2. Bidder Information Sheet 5. *D-3. Representations, Certifications, and Other Statements of Offerors HUD5369C 6. *D-4. Certificate of Corporate Clerk 7. *D-5. Certificate of Tax Compliance 8. *D-6. DCAM Certificate of Eligibility & CQ3 Update Statement (Contractor Supplied) 9. Standard Instructions to Offerors, Non-Construction Contracts HUD 5369B 10. General Conditions of the Contract, Non-Construction HUD 5370C, Parts 1&2 11. Labor Rates HUD (*) Items to be submitted as part of Sealed bid Package. 3 of 53

4 WORCESTER HOUSING AUTHORITY PURCHASING DEPARTMENT INVITATION FOR BID #11-03 The Worcester Housing Authority invites sealed bids from Contractors for ANNUAL ELEVATOR MAINTENANCE & SERVICE Pre-bid Conference will be held on: February 24, 2011, 10:00 a.m., at 81 Tacoma St., Worcester, MA Sealed Bids will be received until: March 3, 2011 at 10:30 a.m. 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 for pickup at the Purchasing Department after 10:00 a.m., February 17, WHA will a notice that this bid is available. Bidders should call (508) or cappoli@worcesterhousing.com and request that the IFB be mailed directly to them. Bidders are asked to provide your Company Name, Contact Person, Street Address, City/State/Zip, Phone #, Fax # & address of company. The work under this contract shall consist of all services and maintenance of 19 elevators located at 10 WHA High Rise properties within the City of Worcester, MA. Estimated cost is: $90,000 annually. Award shall be made to the lowest responsible & eligible bidder. The term of this contract shall extend from April 1, 2011 March 31, 2012 with the option to extend, at the sole discretion of the WHA, for 2 additional one year terms with no change to the contract price and terms and conditions. All bids are subject to the provisions of M.G.L. Chapter 149, Section 44 A-J. Bidders must comply with the schedule of minimum wae rates established by the Massachusetts Department of Labor and Industries or by the United States Department of Housing & Urban Development, for conduct under the contract, a list of which is included in the contract documents. Further attention is called to the equial employment conditions of the contract documents. All General Bids must be accompanied by a copy of a Certificate of Eligibility (DCAM Form CQ-7) issued by the Department of Capital Asset Management and Maintenance (DCAM) and a Contractor Update Statement (DCAM Form CQ-3). The category of work for which the Bidder must be certified is: Elevators All bids must be accompanied by a bid deposit in an amount that is not less than five percent (5%) of the value of the bid, including all add alternates. Bid deposits, payable to the Worcester Housing Authority, shall be either in the form of a bid bond, or cash, or a certified check on, or a treasurer's or cashier's check issued by, a responsible bank or trust company. All bids shall be submitted as one ORIGINAL and one COPY. The successful bidder will be required to furnish a Performance Bond and also a Labor and Materials Bond Payment Bond each in the amount of 100% of the contract total. The Worcester Housing Authority reserves the right to waive any informalities or irregularities in any or all bids, or to reject any or all bids, in whole or in part, if it be in the WHA and public interest to do so. WORCESTER HOUSING AUTHORITY Re Cappoli Chief Procurement Officer February 17, of 53

5 REQUIRED ITEMS FOR BID SUBMITTAL The information required as part of the bid submittal includes the following items and forms: The form of Sealed Bid Duly signed and executed 5% Bid Bond Non-Collusive Affidavit Bidder Information Sheet Representations Certifications, and Other Statements of Offerors, Certificate of Corporate Clerk Certificate of Tax Compliance DCAM Certificate of Eligibility (CQ7) and Update Statement (CQ3) END OF SECTION 5 of 53

6 Contract Form This contract form is for informational purposes only and does not part of the Required Documents for Bid Submittal. 6 of 53

7 WORCESTER HOUSING AUTHORITY AGREEMENT FOR PRODUCTS AND SERVICES THIS AGREEMENT is entered into this day of 2011, by and between the WORCESTER HOUSNG AUTHORITY, a body politic and corporate located in the City and County of Worcester, Commonwealth of Massachusetts, (hereinafter referred to as WHA ) and (hereinafter referred to as the Operating Agency ) This Agreement consists of four parts: Section A. General Provisions; Section B. Specifications/Scope of Work, Exhibit 1 (Attachment 1); Section C. Budget/Compensation; and Conditions Thereof (Attachment 2); Section D. All other referenced attachments (Attachment 3). 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 Operating Agency do mutually agree as follows: Section A: General Provisions: The Operating Agency agrees to: provide elevator maintenance and services to various federal housing projects of the Worcester Housing Authority. 1. Work Statement All work to be performed as set forth in Section B, Scope of Work of this Agreement. 2. Term of Agreement a. The Operating Agency s performance of this Agreement shall commence not later than the 1 st day of April 2011 and shall continue through and including the 31 st day of March The WHA will have, at it s sole discretion, the option to extend for two additional one year terms with no change in the contract price and terms and conditions. b. This period of performance may be amended, extended or renewed only by duly signed written agreement of the parties. 7 of 53

8 3. Obligational Amount The WHA agrees to compensate the Operating Agency under this Agreement a total maximum obligation which shall not exceed Dollars and no cents ($ ) plus billing rates for work outside of contract terms as bid ranging from $ per hour Regular Time for Elevator Mechanic to $ per hour Double Time for Elevator Mechanic and Helper. These amounts shall constitute full and satisfactory performance unless subsequently modified, in writing, by both parties. 4. Use of Funds It is expressly agreed that funds received by the Operating Agency under this Agreement shall be accounted for separately and shall be used for activities described hereunder. 5. Cost Limitations Funds will be made available by the WHA to the Operating Agency 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. 6. 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. 7. 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 Operating Agency. 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 Operating Agency for eligible activities is at such a rate as to likely result in a surplus at the termination date of this Agreement. 8. Disallowed Funds a. In the event that the expenses of the Operating Agency pursuant to this Agreement are disallowed by federal or state funding sources, the Operating Agency is responsible for the resulting loss, if any, sustained by said disallowance. 8 of 53

9 9. Termination of Agreement a. Termination by the WHA i. Termination for Cause If the Operating Agency fails to perform in a timely and proper manner its obligations under this Agreement, or if the Operating Agency 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 Operating Agency 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 fifteen (15) 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 Operating Agency 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 Operating Agency 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. 10. 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 Operating Agency, 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 Operating Agency 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 Operating Agency, 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 Operating Agency. 9 of 53

10 d. Upon such termination, the WHA may withhold any payments to the Operating Agency for the purpose of set-off until such time as exact amount of damages to the WHA is determined. 11. Withholding of Payment a. If the Operating Agency is found to be in non-compliance with any provision of this Agreement, the WHA will notify the Operating Agency in writing and the Operating Agency will be allowed fifteen (15) days to meet compliance requirements. b. If, after said fifteen (15) day period, the Operating Agency fails to comply, the WHA may reduce or withhold payment to the Operating Agency until such compliance is rendered. 12. Assurances The Operating Agency 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. 13. Subcontracts The Operating Agency shall not subcontract, assign or transfer any of the services provided under this Agreement without the prior written consent of the WHA. 14. 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 Operating Agency to ensure that all conflict of interest requirements are adhered to. 15. Reports and Record Keeping a. The Operating Agency 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 Operating Agency 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 Operating Agency 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. 16. Indemnification a. The Operating Agency 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 Operating Agency 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. 10 of 53

11 17. Copyright c. The Operating Agency 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 Operating Agency as a result of this Agreement; and for individuals participating in agency activities as a result of this Agreement. 1. Public Liability Insurance. The Operating Agency shall provide the WHA with Certificates of Insurance covering public liability in an amount not less than $500, for damages to one person and not less than $1 million per incident. 2. Property Damage Insurance. The Operating Agency shall provide the WHA with Certificates of Insurance covering property damage in an amount not less than $500, for one accident and not less than $1 million for all accidents. 3. Workers Compensation Insurance. The Operating Agency 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 Operating Agency shall submit copies of the Certificates of Insurance identifying the WHA as co-insured. d. If the Operating Agency self-insures, as provided by the laws of the Commonwealth, the Operating Agency 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 Operating Agency under Section C herein is required to procure fiduciary insurance, then the Operating Agency shall procure such fiduciary insurance from a responsible bonding company authorized to do business within the Commonwealth. The Operating Agency 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 Operating Agency, unless the WHA is given unlimited license to use such copyright or patent. 18. 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 Operating Agency 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. 19. Personnel Procedures a. Personnel employed by the Operating Agency under this Agreement shall not be considered 11 of 53

12 employees of the WHA. b. The Operating Agency 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 Operating Agency agrees to comply with all applicable federal and state laws, rules and regulations prohibiting discrimination in employment. 20. 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 Operating Agency, 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. 21. 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. 22. 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. 23. Governing Laws and Jurisdiction The WHA and the Operating Agency 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 this Agreement as of the Date first above written. has executed OPERATING AGENCY By: Title: WORCESTER HOUSING AUTHORITY RAYMOND V. MARIANO, Executive Director 12 of 53

13 ATTACHMENT 1 SPECIFICAITONS/OPERATIONAL PLAN (A copy of the Specifications will be inserted here at time of award). 13 of 53

14 ATTACHMENT 2 BUDGET/COMPENSATION AND CONDITIONS THEREOF (This attachment should include a budget for the full contract price. If this is a multi-year contract, then annual budgets should be completed for each year of the contract. If compensation is determined by some other method, other than cost reimbursement, then such schedule of reimbursement should be included herein.) A. Base Bid Amount: ($ ) Total B. Billing rates to cover any labor billing for work outside the terms of the contract for each of the three years on the elevators covered by this contract. Elevator Mechanic Elevator Mechanic & Helper Regular Time $( )/hour $( )/ hour 1.5 Time $( )/hour $( )/hour Double Time $( )/hour $( )/hour The Operating Agency further agrees: 1. To be bound by the requirements of: a. Standard Instructions to Offerors for Non-Construction Contracts (HUD 5369B); and b. General Conditions of the Contract for Non-Construction (HUD 5370C, parts 1 & 2). c. Vendor to meet prevailing wage rates. d. Contractor will not bill for material separately. 2. The Operating Agency upon execution of this Agreement and throughout its term, unless otherwise provided by law shall procure and deposit with the WHA the bonds identified below, each in the amount of one hundred percent (100%) of the contract price, with sureties satisfactory to the WHA to guarantee the faithful performance by the Operating Agency of all of its obligations under this Agreement and to constitute the security required by M.G.L. c. 149, sec. 29 for payment of the Operating Agency and its subcontractors for all labor performed or furnished and for all materials used or employed in connection with this Agreement: a. Performance Bond in the amount of $ ; b. Payment Bond in the amount of $ ; c. Fiduciary Bond in the amount of $ N/A. 3. The Operating Agency shall submit, as a condition of compensation, the following reports and upon the following schedule: a. N/A 14 of 53

15 ATTACHMENT 3 ALL OTHER REFERENCED ATTACHMENTS The Operating Agency 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: D-1. Non-Collusive Affidavit D-2. Bidder Information Sheet D-3. Representations, Certifications and Other Statements of Officers (HUD 5369C) D-4. Certificate of Corporate Clerk D-5. Certificate of Tax Compliance D-6. DCAM Certificate of Eligibility &CQ3 Update Statement Labor Rates (Federal and State) The actual certifications are on file and included with the original bid package, and are included here by reference. 15 of 53

16 WORCESTER HOUSING AUTHORITY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that as PRINCIPAL, and the a corporation duly established under the laws of the State of and duly authorized and admitted under the provisions of Chapter 175 of the Massachusetts General Laws to transact the business of a surety company in Massachusetts, as SURETY, are holden and stand firmly bound and obligated unto the Worcester Housing Authority, a public corporation within said Commonwealth of Massachusetts, in the full and just sum of ( $ ) dollars to be paid to said Authority, its successors and assigns to the payment of which, well and truly to be made, said Principal and said Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION of this obligation is such that whereas the said Principal has entered into a written contract of even date with the Authority, a copy of which is incorporated herein by reference, said contract being an agreement for NOW THEREFORE, if the said Principal shall well and faithfully perform all the terms and conditions of said written contract on its part to be kept and performed as therein stipulated, including the payment of its subcontractors and suppliers, and including compliance with all guarantee and maintenance provisions therein, and shall indemnify and save harmless the said Worcester Housing Authority from all costs and damage it may suffer by reason of the Principal s failure to perform, and shall fully reimburse the Authority for all outlay and expense it may incur in curing any such default, then this obligation shall be of no effect; otherwise it shall remain in full force and effect. AND THE SAID SURETY hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said contract, or to the work to be performed thereunder, or to the specifications accompany the same, shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of said contract, or to the work, or to the specifications. 16 of 53

17 AND THE SAID SURETY does further stipulate and agree that upon a default of the contractor, it will, if so requested by the Authority, complete the contract work and perform all other obligations of the Principal as set forth in said contract. IN TESTIMONY WHEREOF, the said Principal has hereunto caused its name and seal to hereto affixed, and the said Surety has caused its corporate seal to be hereto affixed by a duly authorized officer thereof and this instrument to be executed and delivered in its name and on its behalf by its Attorney-in-Fact, duly authorized by its bylaws and votes, powers of attorney, and letters of appointment and authorization, certified copies of which documents are annexed to this bond and may be introduced in evidence as if a part thereof. EXECUTED this day of 20 (PRINCIPAL) (Seal) BY: (SURETY) (Seal) BY: Attorney-in-Fact ********************************************************** The rate of premium on this bond $ per thousand. The total amount of premium charged is $. Surety officer s initials ( ). (The above is to be filled in and initialed by surety company. The power of attorney of person signing for the surety company must be attached) W.H.A of 53

18 WORCESTER HOUSING AUTHORITY PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT as PRINCIPAL, and the a corporation duly established under the laws of the State of and duly authorized and admitted under the provisions of Chapter 175 of the Massachusetts General laws to transact the business of a surety company in Massachusetts as SURETY, are holden and stand firmly bound and obligated unto the Worcester Housing Authority, a public corporation within said Commonwealth of Massachusetts, in the full and just sum of ($ ) dollars to be paid to said Authority, its successors and assigns to the payment of which, well and truly to be made, said Principal and said Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION of this obligation is such that whereas the said Principal has entered into a written contract of even date with the Authority, a copy of which is incorporated herein by reference, said contract being an agreement for NOW THEREFORE, if the said Principal shall pay for all materials furnished and for all labor performed in the execution of said contract, as described in Massachusetts General Laws, Chapter 149, section 29, then this obligation shall be of no effect ; otherwise it shall remain in force and effect. AND THE SAID SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract, or to the work, or to the specifications. 18 of 53

19 AND THE SAID SURETY does further agree that upon a failure of the contractor to pay its subcontractors and suppliers in accordance with the terms of the contract, it will, if so requested by the Authority, make such payments or will reimburse the Authority for all outlay and expense it may incur in curing any such defaults itself. THIS BOND is made for the use and benefit of all persons, firms, and corporations, who may furnish any material or perform any labor for or on account of said contract, or rent or hire out any appliances and equipment used or employed in the execution of said contract, and they and each of them are hereby made obligees hereunder the same as if their own proper respective names were written herein as such, and they or any of them proceed to sue hereon. IN TESTIMONY WHEREOF the said Principal has hereunto caused its name and seal to be affixed, and the said Surety has caused its corporate seal to be hereto affixed by a duly authorized officer thereof and this instrument to be executed and delivered in its name and on its behalf by its Attorney-in-Fact, duly authorized by its bylaws and votes, powers of attorney: and letters of appointment and authorization, certified copies of which documents are annexed to this bond and may be introduced in evidence as if a part thereof. EXECUTED this day of 20 (PRINCIPAL) (Seal) BY: (SURETY) (Seal) BY: Attorney-in-Fact The rate of premium on this bond is $ per thousand, The total amount of premium charged is $. Surety officer s initials ( ). ( The above is to filled in and initialed by surety company. The power of attorney of person signing for the surety company must be attached.) [M.G.L. Ch. 149 s. 29 requires a payment bond for construction or alteration contracts in excess of two thousand dollars.] END OF SECTION 19 of 53

20 WORCESTER HOUSING AUTHORITY SPECIFICATIONS FOR ELEVATOR MAINTENANCE & SERVICES The Contractor shall service and maintain, as specified below, all elevator equipment owned by the Worcester Housing Authority ( WHA ) at the following 10 locations: BUILDING ADDRESS EQUIPMENT FEDERAL Murray Ave Apartments 50 Murray Ave 2 Geared Passenger Pleasant Tower 275 Pleasant St. 2 Geared Passenger Webster Square Tower 1060 Main St. 2 Geared Passenger Lincoln Park Tower 11 Lake Ave. 2 Geared Passenger Elm Park Tower 425 Pleasant St. 2 Geared Passenger Wellington Apartments 30 Wellington St. 2 Geared Passenger Belmont Tower 40 Belmont St. 2 Geared Passenger Webster Sq. Tower EAST 1050 Main St. 2 Geared Passenger Lafayettte Place 2 Lafayette St. 2 Geared Passenger Curran Terrace 201 Providence St. 1 Geared Passenger SCOPE OF WORK: 1) CONTRACTOR S SERVICE A. Contractor shall regularly, but not less than semi-monthly, systematically inspect and examine the elevator equipment, including all components parts thereof ( Equipment ) and perform such maintenance, service, adjustments, repairs, replacements, and lubrication as may be necessary to keep the equipment clean, proper, and safe operating condition and/or in such condition as may be required by the WHA, or its elevator consultants. A written statement giving date of inspection, inspector s name, and brief description of work performed shall be submitted to the WHA s Contracting Officer or his designee, immediately following each periodic visit. Payment of monthly invoices will be contingent on the receipt of these reports. B. Except as specifically excluded in Section II hereof, the foregoing services shall apply to all component parts of the Equipment, including, but not limited to the following: 1. Machine, Motor, Motor Generator and Controller parts, including Worms, Gears, Thrusts, Bearings, Brake Magnet Coils or Brake Motors, Brake Pulleys and Shoes, Brushes, Windings, Commutators, Rotating Elements, Contracts, Coils, Resistance for Operating and Motor Circuits, Magnet Frames, Safety Devices, Governors and other mechanical parts. 2. Brush holders for motors. 3. Controller Drive Assembly, Selector and Dispatching Equipment, all Relays, Solid State Components, Resistors, Condensors, Transformers, Leads, Timing Devices, computer Devices, all Driving Equipment, Car Operating and Hall Button Parts and elements, Indicator parts of all kinds. 4. Governors and their Sheaves, Shafts, Bearings, Gears, Switches and Contacts, Jaws and Governor Tension Sheave Assemblies. 20 of 53

21 5. Deflector and Secondary Sheaves, Shafts, Bearings, Car and Counter weight Buffers, Car and Counterweight Guide Rails, Top and Bottom Limit Switches, Compensating Sheave Assemblies. 6. Automatic Power Door Operators, Car Door Hangers, Car Door Contacts, Door Protective Devices, Load Weighing Equipment, Car Frames and Safety Mechanisms, Platform and Wood Platform Subflooring. 7. Hoistway Door Interlocks, Hoistway Door Hangers, Bottom Door Guides and Auxiliary Door Closing Devices. 8. All accessory equipment, including cabinet air conditioning, furnished and installed as a part of the whole Equipment. C. Contractor shall also perform the following services: 1. Renew Guide Shoes, Car and Counterweight Guide Shoes and Gibs or Guide Rollers as often as required in it s judgment to insure smooth and quiet operation and whenever required by the Massachusetts Department of Public Safety or WHA s Insurance Carrier, or the WHA s elevator consultants. Except where Roller Guides are used, keep the Guide Rails properly lubricated. 2. Renew all Wire Ropes, equalize the tensions on all Hoisting Ropes and repair or replace Conductor Cables and Machine Room and Hoistway Elevator Wiring as often as required in it s judgment to maintain the Equipment in a safe condition, and whenever required by the Massachusetts Dept. of Public Safety, the WHA s Insurance Carrier or the WHA s elevator consultants. 3. Supply necessary lubricants made especially for the Equipment. 4. Examine periodically all Safety Devices and Governors. Make such safety tests as required by Local Laws and Ordinances, and as are normal and customary in this industry, and to conduct a no load over-speed safety test not less than annually. 5. Maintain at all times the original Contract speed in feet per minute and the original performance time, including acceleration and retardation of the Equipment and perform all adjustments required to maintain the proper door opening and closing time, within limits of applicable Codes. 6. Check the Group Operating System continuously and make necessary tests and corrections to ensure that all circuits and time settings are properly adjusted and that the systems perform as designed and installed. 7. Maintain cabinets for the orderly storage of replacement parts in the Machine Room and also the Original field Engineering Wiring Diagrams of the Equipment, which are the WHA s property and must not be removed. 8. Maintain a supply of Contacts, Relays, Coils, Leads, and Generator Brushes, Lubricants, Cleaning Materials, and other essential parts in each elevator Machine Room or other approved location for the performance of routine preventive maintenance. 9. Provide for maintenance and repair personnel at all times all necessary tools, equipment, and manuals for providing proper servicing and maintenance of the equipment. 10. Contractor shall apply for and pay for fees for required state inspections. In the event of state elevator re-inspections, fees shall be paid for by the Contractor. Where there is a failure of an item not covered by the full maintenance agreement, the re-inspection cost shall be paid for by the WHA. D. Contractor shall maintain at all times during the term of this Contract an adequate supply of genuine Equipment Manufacturer s spare lending and replacement parts or the approved equivalent thereof, which shall be immediately available to and exclusively assigned to the Equipment covered by this Contract. This inventory shall include, without limiting the generality of the foregoing. Door Operating Motors, Brake magnets, Motor Brushes, Controller Switch Contacts, Relays, Selector Parts, Door Hangers, Rollers, Hoistway Limit Switches, and such other parts as the Contractor or WHA deems necessary to provide for prompt and efficient repairs, maintenance and service. 21 of 53

22 1. EXCLUDED ITEMS The following items of elevator equipment are excluded from this Agreement: Car Enclosure, Hoistway Enclosure, Hoistway Doors, Door Frames and Sills, all Car Lamps except Signal Lamps, and WHA s Emergency Power Maintenance Equipment except the Relays and Transfer Switching Gear on the Elevator Controller. 2. CONTRACT PRICE AND PAYMENT In consideration of the services specified to be rendered by the Contractor, WHA shall pay Contractor monthly during the Term of this Agreement. The Contractor shall submit a monthly invoice to the WHA together with a written statement of work performed. Payments will be contingent up[on receipt of this documentation. As the WHA is a tax exempt entity, with a Comm. of MA Sales Tax Exempt Registration Number of E , the Contractor shall acquire Sales Tax Exempt forms from the WHA incidental to the conduct of this contract, and shall not pay for any taxes now or hereinafter incident to the transfer, use, ownership, or possession of the Equipment, parts thereof, or any services rendered in accordance with this Agreement. The Contractor will save the WHA harmless from any claim or demand relating to such taxes. The WHA is exempt from payment of sales and other such taxes. 3. ADDITIONAL SERVICES The following services shall be considered additional to the extent they are not included as a part of the contractor s Services under Section I of this Agreement: A. Installation of additions or new attachments to the Equipment. B. Alterations of the design of the Equipment. C. Repairs necessary due to vandalism or beyond reasonable control of the Contractor. Contractor shall have no obligation to perform any of the additional services unless specifically requested to do so by the WHA, in which event, Contractor shall perform the additional service requested by the WHA. The additional cost to WHA shall be equal to the cost of labor at the Contractor s regular billing rates. 4. HOURS OF OPERATON. It is agreed that all work under this Agreement shall be performed during both normal business hours as stated below: This Agreement includes emergency and minor adjustment call-back service during normal business hours and also during any overtime hours. If any work or emergency minor adjustment call-back service is performed outside of normal business hours (hereinafter referred to as overtime hours) WHA will not be charged for such overtime hours. 5. EMERGENCY AND MINOR CALLBACK SERVICE Whenever in the judgment of the WHA, an emergency has arisen rendering the Equipment inoperative or unsafe, the Contractor, in response to WHA s emergency call, will dispatch a qualified service mechanic who will commence any necessary repair, replacement, or adjustment and render the Equipment operative and safe as soon as possible after such call. In no event shall such repair, replacement, or adjustment commence later than two (2) hours after the WHA s call. The Contractor s failure to comply with this condition shall be cause for immediate termination of this Agreement by the WHA without further obligation than the payment of any sums owed Contractor up to and including the date of termination. 22 of 53

23 6. PERSONNEL Contractor agrees that all services hereunder shall be performed by trained maintenance and repair personnel who have received on-site training and are qualified in maintenance, repair, replacement, and service of equipment of the same type as the Equipment. Such personnel shall keep the Equipment properly adjusted and exercise extreme care and precaution to insure that the Equipment is kept clean and is maintained at all times in good, proper, and safe operating condition. In the event the WHA becomes dissatisfied with the performance of any of the persons assigned to perform any of the services under this Agreement, Contractor agrees, upon request from WHA, to assign substitute personnel with the above qualifications. Nothing herein shall be construed to make the Contractor the agent of the WHA, or in any way to modify this liability as an independent Contractor hereunder. 7. WARRANTY Contractor warrants that all parts, materials, and supplies furnished hereunder shall be new, free from defects in material and workmanship, and suitable for the purpose for which utilized. If any of the foregoing warranties is breached with respect to any part, material, or supply furnished hereunder, Contractor agrees to replace same. The WHA shall also be entitled to all other remedies available at law for any injury, damage, loss, or expenses resulting from breach of one or more of the aforesaid warranties. 8. TERM The term of this contract shall extend from April 1, 2011 March 31, 2012 with the option to extend, at the sole discretion of the WHA, for 2 additional one year terms with no change to the contract price and terms and conditions. 9. SEALED PRICE PROPOSAL FORMAT The Price format is to include: A. Base Price Bid amount for Three Year Contract. (Total $$$) B. Billing rates to cover any labor billing for work required outside of the terms of this contract on the elevators under this contract. Elevator Mechanic Elevator Mechanic & Helper Regular Time ($) per hour ($) per hour Time & One Half ($) per hour ($) per hour Double Time ($) per hour ($) per hour 10. PRE-BID CONFERENCE: Pre-bid Conference will be held on: February 24, 2011, 10:00 a.m., at 81 Tacoma St., Worcester, MA Failure to attend this meeting will be of no defense in performance of the Contract Terms. VISITATION OF JOB SITE FOR DETERMINATION OF SCOPE OF WORK. In order for the contractor to properly evaluate the scope of work in arriving at his bid submission, the respective job sites may be visited by contacting the Director of Maintenance, Mr. Steve Alvarez, at Mr. Alvarez s office is located at the Maintenance Office, 69 Tacoma Street, Worcester, MA END OF SECTION 23 of 53

24 MBE NOTICE The Worcester Housing Authority has implemented a program for the utilization of certified Minority Business Enterprises (MBE s) on this project. All bidders should plan to establish a minimum goal of 20% of their general bid price for services to be performed by certified MBE s. These services may be for general construction, engineering, architectural services, auditing/administrative services, and/or procurement of supplies (vendors). For information on what certified MBE s may be available to perform work in a particular phase of the construction process, please contact: Worcester Housing Authority Affirmative Action Office 40 Belmont Street Worcester, Ma Telephone (508) or State Office of Minority Business Assistance 10 Park Plaza, Suite 3740 Boston MA Telephone (617) WHA/8-07 MBE NOTICE-1 END OF SECTION 24 of 53

25 EXHIBITS: (*) Items to be submitted as part of Sealed bid Package. 1) *Sealed Bid Form 2) *Bid Bond 3) *D-1. Non-Collusive Affidavit 4) *D-2. Bidder Information Sheet 5) *D-3. Representations, Certifications, and Other Statements of Offerors HUD5369C 6) *D-4. Certificate of Corporate Clerk 7) *D-5. Certificate of Tax Compliance 8) *D-6. DCAM Certificate of Eligibility & CQ3 Update Statement (Contractor Supplied) 9) Standard Instructions to Offerors, Non-Construction Contracts HUD 5369B 10) General Conditions of the Contract, Non-Construction HUD 5370C, Parts 1&2 11) Labor Rates HUD of 53

26 WORCESTER HOUSING AUTHORITY BID FORM ANNUAL ELEVATOR MAINTENANCE & SERVICES A. PROPOSAL The undersigned proposes to furnish all labor, materials, tools, and equipment required to provide Annual Elevator Maintenance & Services, for a one year period with the option, at the sole discretion of the WHA, to extend for two additional one year terms. All work is to be done in accordance with the contract specifications. B. ADDENDA: Bidder hereby acknowledges addenda numbered:,,,, C. CONTRACT PRICE Award will be made based on the lowest total cost of the following items: 1) Base Bid per site (all sites, except Curran Terrace have 2 elevators), per month, per year At the bottom bidders must multiply the Monthly Total per year by 12 to provide WHA with a per year total: Year 1 Year 2 Year 3 Murray Ave Apt. 50 Murray Ave. 2 Geared $ $ $ Passenger Pleasant Tower 275 Pleasant St. 2 Geared Pass $ $ $ Webster Sq. Tower 1060 Main St. 2 Geared Pass $ $ $ Lincoln Park Tower 11 Lake Ave. 2 Geared Pass $ $ $ Elm Park Tower 425 Pleasant St. 2 Geared Pass $ $ $ Wellington Apart. 30 Wellington St. 2 Geared Pass $ $ $ Belmont Tower 40 Belmont St. 2 Geared Pass $ $ $ Webster Sq. Tower 1050 Main St. 2 Geared Pass $ $ $ Lafayette Place 2 Lafayette St. 2 Geared Pass $ $ $ Curran Terrace 201 Providence St. 1 Geared Pass $ $ $ Monthly Total $ $ $ Year 1 Year 2 Year 3 Times 12 months = Total Annual Cost $ $ $ 2) Billing rates as stated below shall be used to cover any labor billing for work required outside of the terms of this contract on elevators under this contract. These rates represent twenty percent (20%) off standard billing rates used for non-service contract customers. All materials required outside the terms of this contact shall be billed at cost plus ten percent (10%) to cover overhead and profit. Elevator Mechanic Elevator Mechanic & One Helper Regular Time $ Per Hr. $ Per Hr. Time & One-half $ Per Hr. $ Per Hr. Double Time $ Per Hr. $ Per Hr. Comment [c1]: Do we want them to provide a copy of their invoice/receipt when invoicing us? COMPANY NAME: CONTINUED 26 of 53

27 D. EXECUTION OF CONTRACT AND BONDS The undersigned agrees that if he is selected as general contractor he will within five (5) days, Saturdays, Sundays, and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this general bid and furnish a Performance and Payment bond of a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the awarding authority and each in the sum of one hundred percent (100%) of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price. E. HARMONY 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. F. BID DEPOSIT A bid deposit payable to the Worcester Housing Authority in the amount that is no less than 5% of the bid amount. G. CERTIFICATES Attached hereto as part hereof are the following: 1) Bidder Information Sheet 2) Non-Collusive Affidavit 3) Certificate of Corporate Clerk 4) DCAM Form CQ-3 Update Statement & DCAM Form CQ-7 Certificate of Eligibility (provided by the contractor) H. BID REJECTION In submitting this bid, it is understood that the right is reserved by the Authority to reject any and all bids, in whole or in part, if in the Authority and public s best interest to do so. I. PERSONS INTERESTED The full names and residences of all persons and parties known to the undersigned to be financially interested in this proposal are as follows: NAMES ADDRESSES 27 of 53

28 J. CERTIFICATION OF NON-SEGREGATED FACILITIES By signing this bid, the bidder certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. It certifies that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term segregated facilities means any waiting rooms, work areas, rest rooms, restaurant and other eating facilities, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, custom, or otherwise. He further states that (except where he has obtained identical certifications from proposed subcontractors for specific time period) he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $100,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward a notice to his proposed subcontractors as provided in the instructions to bidders. The undersigned will comply fully with all laws and regulations applicable to awards made subject to M.G.L. c.149, s44a. NOTE: The penalty for making false statements in offers is prescribed in 18 USC SUBMITTED this ( ) day of ( ), Company Name: Company EIN# Street Address City / State / Zip Phone / Fax Address By: (Signature of Authorized Individual) (Print Name here) END OF EXHIBIT 1 28 of 53

29 WORCESTER HOUSING AUTHORITY BID BOND (General Contractor) KNOW ALL MEN BY THESE PRESENTS, that (NAME OF BIDDER) (ADDRESS OF BIDDER) as PRINCIPAL, and the (NAME OF SURETY) (ADDRESS IF SURETY) a corporation duly established under the laws of the State of and duly authorized and admitted, under the provisions of Chapter 175 of the Massachusetts General Laws (Ter. Ed.) as amended, to transact the business of a fidelity and surety company in Massachusetts, as SURETY, are holden and stand firmly bound and obliged unto the Worcester Housing Authority, a public corporation within the Commonwealth of Massachusetts, in the full and just sum of dollars($ ) to be paid to said Authority, its successors and assigns, to the payment of which, well and truly to be made, said Principal and said Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of this obligation is such that whereas the said Principal has submitted a general bid to the Worcester Housing Authority, dated, 20 For Annual Elevator Maintenance & Services NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified in the contract documents, and shall within the period specified, enter into a written contract with the Authority in accordance with the bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; then the above obligation shall be void and of no effect, otherwise it shall remain in full force and virtue. IN TESTIMONY WHEREOF, the said Principal has hereunto caused its name and seal to be affixed, hereto, and the said Surety has caused its corporate seal to be hereto affixed by a duly authorized officer thereof and this instrument to be executed and delivered in its name and on its behalf by its Attorney-in-fact, duly authorized by its by-laws and votes, powers of attorney, and letters of appointment and authorization, certified copies of which are annexed to this bond and may be introduced in evidence as if a part hereof. EXECUTED THIS day of 20 (PRINCIPAL) (seal) BY: (SURETY) (seal) BY: Attorney-in-Fact ************************************** CERTIFICATE AS TO CORPORATE PRINCIPAL I,, certify that I am the (Clerk) (Secretary) of the corporation named as Principal in the within bond; that, who signed the said bond on behalf of the Principal was then of said corporation: that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. (Corporate Seal) W.H.A Exhibit of 53

30 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: Exhibit of 53

31 Exhibit - 4 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. Home Address Tel. B. IF PARTNERSHIP Full name and addresses of all partners: NAME ADDRESSES Business address Tel. 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. 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 ( ) 31 of 53

32 BIDDERS INFORMATION SHEET (CONT.) 3. List or attach the following information concerning your organization s qualifications for this contract. 3.1 All States in which your firm is legally qualified to do business: 3.2 TRADE REFERENCES Names, address and telephone numbers of several firms with whom your organization has regular business dealings : 3.3 Project Title, Location, contract amount, % Complete, and scheduled completion date on all contracts in process as of this date. 3.4 Names and Telephone Numbers of the owners and representatives with whom you do business on each of the projects listed above. 4. List or attach the following information concerning your organization s Financial Data, Bonding and Banking references: 4.1 Largest bond received in the last five years. 4.2 Name of Surety Company that issued the bond. 4.3 Name, address and phone number of bonding agent for above. 4.4 Name, address, phone number of the bonding agent and company that you intend to do business with for this contract, 4.5 Has any bond ever been invoked against your company? 4.6 List the names, addresses and phone numbers of all banks with whom your firm does business. Include all account numbers. 4.7 List all legal or administrative proceedings currently pending or concluded adversely within the last five years which relate to or performance of any private or public Contract or Agreement. END OF EXHIBIT 4 32 of 53

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35 Exhibit - 6. 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 Annual Elevator Maintenance & Services ; 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) End of Exhibit of 53

36 Exhibit - 7 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: Name End of Exhibit of 53

37 Exhibit 8 GENERAL BIDDER S PREQUALIFICATION (Contractor Supplied) General bids must be accompanied by and current DCAM form CQ-7 Certificate of Eligibility issued by the Division of Capital Asset Management and Maintenance (DCAM) and a current DCAM form CQ-3 Update Statement. The DCAM form CQ-3 Update statement is not a pubic record as defined in M.G.L. c.4, s7 and will not be open to public inspection. 37 of 53

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