Vacant Unit Painting

INVIT ATION FOR BID Location: Niles Housing Commission 251 Cass Street, Niles, Ml 49120 Re: Vacant Unit Painting All specifications and proposals will be reviewed by Niles Housing Commission before the contract is awarded. All proposals must be submitted and turned in by the deadline given or they will not be accepted. PURPOSE OF BID: The purpose or this bid is to establish a vendor for the 2 fiscal years who will paint vacant units as they occur. The fiscal years will runs May 1, 2024 through April 30, 2026. We are looking for one flat rate. PERIOD OF CONTRACT: The Niles Housing Commission intends to award a two (2) year contract. The option of one-year extension may be considered upon satisfactory completion of one year performance. Scope of Work: All paint colors for this project will be selected by the owner. * Ceilings are flat white and walls are semi-gloss napery * Two coats of paint * Inside all closets * All closet doors * Nicotine units will require Shenuin Williams- ProMar

ProBlock Primer B51W8670 Series * All units will be painted with Shenrvin Williams - ProMar 200 Interior Latex Semi-Gloss B31W2600 Series Napery * Inside kitchen cabinets of the Gateway Plaza with Shemin Williams-ProMar 200 Interior Latex Semi-Gloss B31W2600 Series Cloak Gray * Inside kitchen cabinets and stairwell steps (basement and upper level) of the Scattered sites with Shemin Williams-ProMar 200 Interior Latex Semi-Glass B31W2600 Series Manual Spice * All closet doors will be painted with Shenuin Williams-Pro Industrial Pre-Catalyzed Water Based Epoxy * Caulking of all window trim before painting with paintable caulk. * Specification is for complete painting of the entire unit. Touch ups will not be allowed. * Enclosed are copies or apartment layout and painting specifications for Sherwin Williams Repairs and Painting Prep Work * Drop cloths are to be used extensively to protect all furniture, equipment and other surfaces from damage. * Light globes and electrical plates are to be taken down. Painters are to inspect and repair as necessary all electrical box locations for wall or ceiling repairs. * Appliances are to be pulled out from the walls for wall painting access. * Doors are to be left on their hinges; mask as necessary prior to painting. * Unused nails, brackets and other hardware are to be removed and resulting holes filled. * Secure, repair or replace all damaged, loose or missing drywall or trim materials. * Replacement materials and finished are to match the original materials in type, texture and color. * Painters are to use painter's caulk as necessary on all casings, corners, windows, stairways, etc. Paint Methods and Care * Contractor will supply the paint as specified by the staff to match the existing paint color. * Caulking, staining and painting are included in this work as necessary. * Painters will paint walls and ceilings with brush and rollers. If contractor chooses to use a paint sprayer, contractor is responsible to make sure there is no paint left on windows, doors, floors, counter top and cabinets. * Drop cloths are required. * Outlets, switches, natural finished doors and trim, hinges, locks, windows, window frames, tile, fixtures, appliances, floors, counter tops and other non-painted surfaces shall be kept free of paint. Paint left on these items will result in a call back for paint removal. Equipment Cleaning * Kitchens and bathrooms shall not be used for cleaning painting equipment. * Laundry tubs or other authorized equipment cleaning areas as designated by the site staff are to be fully cleaned after each use.*Contractors are expected to leave the work site as clean as it was found. *No trash such as paint cans or lunch wrappers are to be left. Paint is to be disposed of properly to not affect the environment. "Smoking is not allowed in any apartment, Scattered Site homes, hallways, maintenance rooms, offices or within 25 feet of any building owned by the Niles Housing Commission. All work will be inspected by Niles Housing Commission staff for completion and cleanliness prior to payment being issued. Proposed pricing: Gateway Plaza (Highrise) 1 Bedroom Small 360 sqft - $ I Bedroom Large 440 sqft- $ Scattered Sites 2 Bedroom 949 sqft- $ 3 Bedroom 949 sqft- $ 4 Bedroom 1248 sqff- $ 5 Bedroom 1326 sqft - $ There will be a $150.00 allowance for any and all drywall repairs. If there are no damages then there won't be any charges. Bids will be due on Friday April 5, 2024 at 3:00 P.M. via mail or personal delivery. Faxed bids will not be accepted; late bids will be rejected. All bids must be enclosed in an envelope marked "Sealed Bid". The bid award will be made to the lowest responsive responsible bidder meeting all material aspects and other requirements listed in the bid documents. Community Service Compliance Certification Annual Renewal I have received and read the Community Services and Self Sufficiency Requirement. I understand that as a resident of Public Housing, I am required by law to contribute 96 hours per recertification year of community service or participate in an economic self-sufficiency program. I further understand that if I am not exempt, failure to comply with CSSR is grounds for lease nonrenewal. My signature below certifies I received notice of this requirement at the time of annual recertification. Resident Signature Date Resident Signature Date u.s. Department of Housing and Urban Development Office of Public and Indian Housing Instructions to Bidders for Contracts Public and Indian Housing Programs Previous edition is obsolete form Hl}D-5369 (10/2002) Instructions to Bidders for Contracts Public and Indian Housing Programs Table of Contents Clause Page 1. Bid Preparation and Submission 1 2. Explanations and Interpretations to Prospective Bidders 1 3. Amendments to Invitations for Bids 1 4. Responsibility of Prospective Contractor 1 5. Late Submissions, Modifications, and Withdrawal of Bids 1 6. BidOpening 2 7. ServiceofProtest 2 8. ContractAward 2 9. BidGuarantee 3 10. AssuranceofCompletion 3 11 Preconstruction Conference 3 12 . Indian Preference Requirements 3 1. Bid Preparation and Submission (a) Bidders are expected to examine the specifications, drawings, all instructions, and, if applicable, the construction site (see also the contract clause entitled Site Investigation and Conditions Affect- ingtheWork ollt'ieGeneralConditionsoftheContractforConstruc- tion0. Failure to do so will be at the bidders' risk. (b) All bids must be submitted on the forms provided by the Public Housing Agency/Indian Housing Authority (PHA/IHA). Bidders shall furnish all the information required by the solicitation. Bids must be signed and the bidder's name typed or printed on the bid sheet and each continuation sheet which requires the entry of intormation by the bidder. Erasures orotherchanges must be initialed bythe person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent's authority. (Bidders should retain a copy of their bid for their records.) (c) Bidders must submit as part of their bid a completed form HUD- 5369-A, "Representations, Certifications, and Other Statements of Bidders." (d) All bid documents shall be sealed in an envelope which shall be clearly marked with the words "Bid Documents," the Invitation for Bids (IFB) number, any project or other identifying number, the bidder's name, and the date and time for receipt of bids. (e) lfthissolicitationrequiresbiddingonallitems,failuretodosowill disqualify the bid. If bidding on all items is not required, bidders should insert the words "No Bid" in the space provided for any item on which no price is submitted. (f) Unless expressly authorized elsewhere in this solicitation, alter- nate bids wilL not be considered. (g) Unless expressly authorized elsewhere in this solicitation, bids submitted by telegraph or facsimile (fax) machines will not be considered. (h) If the proposed contract is for a Mutual Help project (as de- scribed in 24 CFR Part 905, Subpart E) that involves Mutual Help contributions of work, material, or equipment, supplemental informa- tion regarding the bid advertisement is provided as an attachment to this solicitation. 2. Explanations and Interpretations to Prospective Bidders (a) Any prospective bidder desiring an explanation or interpretation of the solicitation, specifications, drawings, etc., must request it at least 7 days before the scheduled time for bid opening. Requests may be oral or written. Oral requests must be confirmed in writing. The only oral clarifications that will be provided will be those clearly related to solicitation procedures, i.e., not substantive technical information. No other oral explanation or interpretation will be provided. Any information given a prospective bidder concerning this solicitation will be furnished promptly to all other prospective bidders as a written amendment to the solicitation, if that information is necessaryin submitting bids, or if the lack of it would be prejudicial to other prospective bidders. (b) Any information obtained by, or provided to, a bidder other than by formal amendment to the solicitation shall not constitute a change to the solicitation. 3. Amendments to Invitations for Bids (a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. (b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date on the bid form, or (3) by letter, telegram, or facsimile, if those methods are authorized in thesolicitation. ThePHA/lHAmustreceiveacknowledgementbythe time and at the place specified for receipt of bids. Bids which rail to acknowledge the bidder's receipt of any amendment will resultin the rejection of the bid if the amendment(s) contained information which substantively changed the PHA's/IHA's requirements. (c) AmendmentswillbeonfileintheofficesofthePHA/IHAandthe Architect at least 7 days before bid opening. 4. Responsibility of Prospective Contractor (a) The PHA/IHA will award contracts only to responsible prospec- tive contractors who have the ability to perform successfully under the terms and conditions of the proposed contract. In determining the responsibility of a bidder, the PHA/IHA will consider such matters as the bidder's: (1) Integrity; (2) Compliance with public policy; (3) Record of past performance; and (4) Financial and technical resources (including construction and technical equipment). (b) Before a bid is considered for award, the bidder may be re- quested by the PHA/IHA to submit a statement or other documenta- tionregardinganyoftheitemsinparagraph(a)above. Failurebythe bidder to provide such additional information shall render the bidder nonresponsible and ineligible for award. Previous edition is obs4ate Page 5 of 4 form HUD-5369 (10/2002) 5. Lite Submissions, Modifications, and Withdrawal of Bids 6. Bid Opening (a) Any bid received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received betore award is made and it: (1 ) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 1 5th); (2) Was sent by mail, or iT authorized by the solicitation, was sent bytelegram orvia facsimile, andit is determined bythe PHA/IHA that the late receipt was due solely to mishandling by the PHA/IHA after receipt at the PHA/IHA; or (3) Was sent by u.s. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place or mailing two working days prior to the date specified for receipt of proposals. The term "working days" excludes weekends and observed holidays. (b) Any modification or withdrawal o( a bid is subject to the same conditions as in paragraph (a) of this provision. (c) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent either by registered or certified mail is the u.s. Or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the u.s. or Canadian Postal Service. Both postmarks must show a legible date or the bid, modification, or withdrawal shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exc!usive of a postage meter machine impres- sion) that is readily identifiable without further action as having been supplied and affixed by employees of the u.s. Or Canadian Postal Service on the date of mailing. Therefore, bidders should requestthe postal clerk to place a hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. (d) Theonlyacceptableevidencetoestablishthetimeofreceiptatthe PHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapperor other documentary evidence of receipt maintained by the PHA/IHA. (e) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service-Post Office to Addressee" label and the postmark on both the envelope or wrapper and on the original receipt from the u.s. Postal Service. "Postmark" has the same meaning as definedin paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, bidders should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and Failure by a bidder to ackn6wledge r'eceipt of the envelo(5tj or wrapper. (f) Notwithstandingpar-ag-raph(a)ofthisprovi-sio-ri,alateiodifica- tion of an otherwise successful bid that makes its terms more favorable to the PHA/IHA will be considered at any time it is received and may be accepted. (g) Bids may be withdrawn by written notice, or if authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before the exact time set for opening of bids; provided that written confirmation of telegraphic or facsimile withdrawals over the signature of the bidder is mailed and postmarked prior to the specified bid opening time. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exacttime set roropening of bids, the identity ofthe person requesting withdrawal is established and the person signs a receipt for the bid. All bids received by the date and time of receipt specitied in the solicitation will be publicly opened and read. The time and place of opening will be as specified in the solicitation. Bidders and other interested persons may be present. 7. Service of Protest (a) Definitions. As used in this provision: "Interested party" means an actual or prospective bidder whose direct economic interest would be affected by the award of the contract. "Protest" means a written objection by an interested party to this solicitation or to a proposed or actual award of a contract pursuant to this solicitation. (b) Protests shall be served on the Contracting Officer by obtaining written and dated acknowledgement from - [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer] (c) All protests shall be resolved in accordance with the PHA's/ IHA's protest policy and procedures, copies of which are maintained at the PHA/IHA. 8. Contract Award (a) The PHA/IHA will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advan- tageous to the PHA/IHA considering only price and any price-related factors specified in the solicitation. (b) If the apparent low bid received in response to this solicitation exceeds the PHA's/IHA's available funding forthe proposed contract work, the PHA/IHA may either accept separately priced items (see 8(e) below) or use the following procedure to determine contract award. The PHA/IHA shall apply in turn to each bid (proceeding in orderfrom the apparent low bid to the high bid) each or the separately priced bid deductible items, if any, in their priority order set Forth in thissolicitation. Ifupontheapplicationofthefirstdeductibleitemto all initial bids, a new low bid is within the PHA's/IHA's available funding, then award shall be made to that bidder. If no bid is within the available funding amount, then the PHA/IHA-stiall apply the second deductible item. The PHA/IHA shall continue this process until an evaluated low bid, if any, is within the PHA's/IHA's available funding. If upon the application of all deductibles, no bid is within the PHA's/IHA's available funding, or if the solicitation does not request separately priced deductibles, the PHA/IHA shall follow its written policy and procedures in making any award under this solicitation. (c) In the case oT tie low bids, award shall be made in accordance with the PHA's/IHA's written policy and procedures. (d) The PHA/IHA may reject any and all bids, accept other than the lowest bid (e.g., the apparent low bid is unreasonably low), and waive informalities or minor irregularities in bids received, in accordance with the PHA's/IHA's written policy and procedures. Previous edition is obsolete Page 2 of 4 iorm HUD-5369 (10/2002) (e) Unless precluded-elsewhere in the solicitation, the PHA/IHA may accept any item or combination of items bid. (f) The PHA/IHA may reject any bid as nonresponsive if it is materially unbalanced as to the prices for the various items of work to be performed. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work. (g) Awrittenawardshallbefurnishedtothesuccessfulbidderwithin the period for acceptance specified in the bid and shall result in a binding contract without further action by either party. 9. Bid Guarantee (applicable to construction and equip- ment contracts exceeding $25,000) All bids must be accompanied by a negotiable bid guarantee which shall not be less than five percent (5%) of the amount of the bid. The bid guarantee may be a certified check, bank draft, u.s. Government Bonds at par value, or a bid bond secured by a surety company acceptable to the u.s. Government and authorized to do business in the state where the work is to be performed. In the case where the work under the contract will be performed on an Indian reservation area, the bid guarantee may also be an irrevocable Letter of Credit (see provision 10, Assurance of Completion, below). Certified checks and bank drafts must be made payable to the order of the PHA/IHA. The bid guarantee shall insure the execution of the contract and the furnishing of a method of assurance of completion by the successful bidder as required by the solicitation. Failure to submit a bid guarantee with the bid shall result in the rejection of the bid. Bid guarantees submitted by unsuccessful bidders will be returned as soon as practicable after bid opening. 10. Assurance of Completion (a) Unless otherwise provided in State law, the successful bidder shall furnish an assurance of completion prior to the execution of any contract under this solicitation. This assurance may be [Contracting Officer check applicable items] - [ ] (1) a performance and payment bond in a penal sum of 100 percent of the contract price; or, as may be required or permitted by State law; [ ] (2) separate performance and payment bonds, each for 50 percent or more of the contract price; [ ] (3) a 20 percent cash escrow; [ ] (4) a 25 percent irrevocable letter of credit; or, [ ] (5) an irrevocable letter of credit for 10 percent of the total contract price with a monitoring and disbursements agreement with the IHA (applicable only to contracts awarded by an IHA under the Indian Housing Program). (b) Bonds must be obtained from guarantee or surety companies acceptable to the u.s. Government and authorized to do businessin the state where the work is to be performed. Individual sureties will not be consideffid. u.s. Treasury Circular Number 570, published annually in the Federal Register, lists companies approved to act as sureties on bonds securing Government contracts, the maximum underwriting limits on each contract bonded, and the States in which the company is licensed to do business. Use of companies listed in this circular is mandatory. Copies of the circular may be downloaded on the u.s. Department of Treasury website http:// www.fms.treas.gov/c570/index.html, or ordered for a minimum fee by contacting the Government Printing Office at (202) 512-2168. (c) Each bond shall clearly state the rate of premium and the total amount of premium charged. The current power of attorney for the person who signs for the surety company must be attached to the bond. The effective date of the power of attorney shall not precede the date ofthe bond. The effective date of the bond shall be on orafter the execution date of the contract. (d) Failure by the successful bidder to obtain the required assur- ance of completion within the time specified, orwithin such extended period as the PHA/IHA may grant based upon reasons determined adequate by the PHA/IHA, shall render the bidder ineligible for award. The PHA/IHA may then either award the contract to the next lowest responsible bidder or solicit new bids. The PHA/IHA may retain the ineligible bidder's bid guarantee. 11. Preconstruction Conference (applicable to construction contracts) After award of a contract under this solicitation and prior to the start of work, the successful bidder will be required to attend a preconstruction conference with representatives of the PHA/IHA and its architect/engineer, and other interested parties convened by the PHA/IHA. Theconferencewillservetoacquainttheparticipantswith the general plan of the construction operation and all other require- ments of the contract (e.g., Equal Employment Opportunity, Labor Standards). The PHA/IHA will provide the successful bidder with the date, time, and place of the conference. 12. Indian Preference Requirements (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority) (a) HUD has determined that the contract awarded under this solicitation is subject to the requirements of section 7(b) of the Indian Self-Determination and Education AssistanceAct (25 u.s.c. 450e(b)). Section 7(b) requiresthatanycontractorsubcontractentered intofor the benefit oflndians shall require that, tothe greatest extent feasible (1) Preferencesandopportunitiesfortrainingandemployment (other than core crew positions; see paragraph (h) below) in connec- tion with the administration of such contracts or subcontracts be given to qualified "Indians." The Act defines "Indians" to mean persons who are members of an Indian tribe and defines 'Jndian tribe" to mean any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and, (2) Preference in the award of contracts or subcontracts in connection with the administration of contracts be given to Indian organizations and to Indian-owned economic enterprises, as de- fined in section 3 of the Indian Financing Act of 1974 (25 u.s.c. 1452). That Act defines "economic enterprise" to mean any Indian- owned commercial, industrial, or business activity established or organized for the purpose of profit, except that the Indian ownership- must constitute not less than 51 percent of the enterprise; 'Jndian organization" to mean the governing body of any Indian tribe or entity established or recognized by such governing body; "Indian" to mean any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian ATfairs and any "Native" as defined in the Alaska Native Claims Settlement Act; and Indian "tribe" to mean any Indian tribe, band, group, pueblo, or community including Native villages and Native groups (including Previous edition is obsolete Page 3 of 4 form HUD-5369 (10/2002) corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recog- nized by the Federal Government as eligible for services from the Bureau of Indian Affairs. (b) (1) ThesuccessfulContractorunderthissolicitationshallcom- ply with the requirements of this provision in awarding all subcon- tracts under the contract and in providing training and employment opportunities. (2) A finding by the IHA that the contractor, either (i) awarded a subcontract without using the procedure required by the IHA, (ii) falsely represented that subcontracts would be awarded to Indian enterprises or organizations; or, (iii) failed to comply with the contractor's employment and training preference bid statement shall be grounds For termination of the contract or for the assessment of penalties or other remedies. (c) Ifspecifiedelsewhereinthissolicitation,thelHAmayrestrictthe solicitation to qualified Indian-owned enterprises and Indian organi- zations. If two or more (or a greater number as specified elsewhere in the solicitation) qualified Indian-owned enterprises or organiza- tions submit responsive bids, award shall be made to the qualified enterprise or organization with the lowest responsive bid. If rawer than the minimum required number of qualified Indian-owned enter- prises or organizations submit responsive bids, the IHA shall reject all bids and readvertise the solicitation in accordance with paragraph (d) below. (d) If the IHA prefers not to restrict the solicitation as described in paragraph (c) above, or if after having restricted a solicitation an insufficient number of qualified Indian enterprises or organizations submit bids, the IHA may advertise for bids from non-Indian as well as Indian-owned enterprises and Indian organizations. Award shall be made to the qualified Indian enterprise or organization with the lowest responsive bid if that bid is - (1) WithinthemaximumHUD-approvedbudgetamountestab- lished for the specific project or activity for which bids are being solicited; and (2) Nomorethanthepercentagespecifiedin24CFR905.175(c) higher than the total bid price of the lowest responsive bid from any qualified bidder. If no responsive bid by a qualiried Indian-owned economic enterprise or organization is within the stated range of the total bid price of the lowest responsive bid from any qualified enterprise, award shall be made to the bidder with the lowest bid. (e) Bidders seeking to qualify for preference in contracting or subcontracting shall submit proof oflndian ownership with their bids. Proof of Indian ownership shall include but not be limited to: (1 ) Certification by a tribe or other evidence that the bidder is an Indian. The IHA shall accept the certification of a tribe that an individual is a member. (2) Evidence such as stock ownership, structure, manage- ment, control, financing and salary or profit sharing arrangements of the enterprise. (f) (1) Allbiddersmustsubmitwiththeirbidsastatementdescrib- ing how they will provide Indian preTerence in the award of subcon- tracts. The specific requirements of that statement and the factors to used by the IHA in determining the statement's adequacy are included as an attachment to this solicitation. Any bid that Tails to include the required statement shall be rejected as nonresponsive. The IHA may require that comparable statements be provided by subcontractors to the successful Contractor, and may require the Contractor to reject any bid or proposal by a subcontractor that fails to include the statement. (2) Bidders and prospective subcontractors shall submit a certification (supported by credible evidence) to the IHA in any instance where the bidder or subcontractor believes it is infeasible to provide Indian preference in subcontracting. The acceptance or rejection by the IHA of the certification shall be final. Rejection shall disqualify the bid from further consideration. (g) Allbiddersmustsubmitwiththeirbidsastatementdetailingtheir employment and training opportunities and their plans to provide preference to Indians in implementing the contract; and the number or percentage of Indians anticipated to be employed and trained. Comparable statements from all proposed subcontractors must be submitted. The criteria to be used by the IHA in determining the statement(s)'s adequacy are included as an attachment to this solicitation. Any bid that rails to include the required statement(s), or that includes a statement that does not meet minimum standards required by the IHA shall be rejected as nonresponsive. (h) Core crew employees. A core crew employee is an individual who is a bona Tide employee of the contractor at the time the bid is submitted; or an individual who was not employed by the bidder at the time the bid was submitted, but who is regularly employed by the bidder in a supervisory or other key skilled position when work is available. Bidders shall submit with their bids a list of all core crew employees. (i) Preference in contracting, subcontracting, employment, and training shall apply not only on-site, on the reservation, or within the IHA's jurisdiction, but also to contracts with firms that operate outside these areas (e.g., employment in modular or manufactured housing construction facilities). (j) Bidders should contact the IHA to determine if any additional local preference requirements are applicable to this solicitation. (k) The IHA [ ] does [ ] does not [Contracting Officer check applicable box] maintain lists of Indian-owned economic enterprises and Indian organizations by specialty (e.g., plumbing, electrical, foundations), which are available to bidders to assistthem in meeting their responsibility to provide preierence in connection with the administration of contracts and subcontracts. Previous edition is obsolete Page 4 of 4 form HUD-5369 (10/2002) Certifications and Representations of Offerors Non-Construction Contract u.s. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No: 2577-C)180 (exp. 7/30/96) Public reporting burden for this collection of information is estimated to average 5 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This form includes clauses required by OMB's common rule on bidding/offering procedures, implemented by HUD in 24 CFR 85.36, and those requirements set forth in Executive Order 11625 for small, minority, women-owned businesses, and certificaUons for independentprice determination, and conflict ofinterest. The form is required for nonconstruction contracts awarded by Housing Agencies (HAs). The form is used by bidders/offerors to certify to the HA's Contracting Officer for contract compliance. If the form were not used, HAs would be unable to enforce their contracts. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The imormation requested does not lend Itself to confidentiality. 1. Contingent Fee Representation and Agreement (a) The bidder/offeror represents and certifies as pgt of its bid/ offer that, except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror: (l) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and (2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contractany commission, percentage, brokerage, orother fee contingent upon or resulting from the award of this contract. (b) If the answer to either (a)(l) or (a) (2) above is affirmative, the bidder/offeror shall make an immediate and full written disclosure to the PHA Contracting Officer. (c) Any misrepresentation by the bidder/offeror shall give the PHA the right to (1) terminate the resultant contract; (2) at its discretion, to deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. 2. Small, Minority, Women-Owned Business Concern Rep- resentation The bidder/offeror represents and certifies as partof its bid/ offer that it: (a) [ ] is, [ ] is not a small business concern. "Small business concern," as used in this provision, meaiis a concern, includ- ing its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121. (b) [ ] is, [ ] is not a women-owned small business concern. "Women-owned," as used in tbis provision, means a small business that is at least 51 percent owned by a womaii or women who are ti.s. citizens and wlio also control and operate the business. (c) [ ] is, [ ] is not a minority enterprise which, pursuant to Executive Order 11625, is defined as a business which is at least 51 percent owned by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or inore minority group members, and whose management aiid daily operations are controlled by one or more sucli individuals. For the piupose of this definition, minority group members are: (Check the block applicable to you) [ ] Black Americans [ ] Asian Pacific Americans [ ] Hispanic Americans [ ] Asian Indian Americans [ ] Native Americans [ ] Hasidic Jewish Americans 3. Certificate of Independent Price Determination (a) The bidder/offeror certifies that- (l) Tlie prices in this bid/offer have been arrived at indepen- dently, without, for tbe purpose of restricting competi- tion, any consultation, communication, or agreement with any other bidder/offeror or competitor relating to (i) tliose prices, (ii) the intention to submit a bid/offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this bid/offer have not been and will not be knowingly disclosed by the bidder/offeror, directly or indirectly, to any other bidder/offeror or competitor be- Fore bid opening (in tlie case of a sealed bid solicitation) or contract award (in the case ofa negotiated solicitation) unless otherwise required by law; and (3) No auempt has been made or will be made by the bidder/ offeror to induce any other conceni to submit or not to submita bid/offer fortbe purposeofrestricting competition. (b) Each signature on the bid/offer is considered to be a certifi- cation by the signatory that the signatory: (1) Is the person in the bidder/offeror's organization respon- sible for determining the prices being offered in tbis bid or proposal, and that the signatory has not participated and will notparticipate in any actioncontrary to subpara- graphs (a)(l) through (a)(3) above; or (2) (i) Has been autborized, in writing, to act as agent for tbe following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above (insert full name of person(s) in the bidder/offeror's organization responsible for determining the prices of- fered in this bid or proposal, and the title of his or her position in the bidder/offeror's organization); (ii) As an authorized agent, does certify that the princi- pals named in subdivision (b)(2)(i) above have not par- ticipated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above; and Previous ediUon is obsolete page 1 of 2 form HUD-6369-C (8/93) ref. Handbook 7460.8 (iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above. (c) If the bidder/offeror deletes or modifies subparagraph (a)2 above, the bidder/offeror must funiish with its bid/offer a signed statement setting forth in detail the circumstances of the disclosure. 4. Organizational Conflicts of Interest Certification (a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work iuider a proposed contract and a prospective contractor's organizational, fi- nancial, contractual or other interest are such that: (i) Award of the contract may result in an unfair competi- tive advantage; (ii) The Contractor's objectivity in performing the con- tract work may be impaired; or (iii) That the Contractor has disclosed all relevant infor- mation and requested the HA to make a determination with respect to this Contract. (b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to tliis contract, he or she shall make an immediate aiid full disclo- sure in writing to the HA whicli shall include a description of the action which the Contractor bas taken or intends to eliminate or neutralize the conflict. Tlie HA may, however, terminate the Contract for the convenience of HA if it would be in the best interest of HA. (c) In the event the Contractor was aware of aii organizational conflict of interest before the award of this Contract and intentionally did not disclose the conflict to the HA, the HA may terminate the Contract for default. (d) The Contractor shall require a disclosure or representation from subcontractors and consultants who may be in a posi(ion to influence the advice or asststance rendered to tbe HA and shall include any necessary provisionsto eliminate orxieutralize conflicts of interest in consultant agreements or subcontracts involving performance or work under this Contract. 5. Authortzed Negottators (RFPs only) The offeror represents that tbe following persons are autliorized to negotiate on its behalf with the PHA in connection with tliis request for proposals: (list names, titles, and telephone numbers of the authorized negotiators): 6. Conflict of Interest In the absence of any actual or apparent conflict, the offeror, by submiSsion Of a proposal, hereby WarrantS that tO the beat Of itS knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procure- ment, as described in the clause in this solicitation titled "Orga- nizational Conflict of Interest." 7. Offeror's Signature The offeror hereby certifies that the tnformation contained in these certifications and representations is accurate, complete, and current. Signature & Date: Typed or Printed Name: Title: Previous edition is obsolete page 2 of 2 form HUD-5369-C (8/93) raf. Handbook 7460.8 NON-COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the fiim, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made withorit reference to any other bid and withorit any agreement, understanding or combination with any other person in reference to such bidding. He/She fiirther says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee gift, commission or thing of value on accorint of such sale. OATH AND AFFIRMATION I HEREBY AFFIRM {JNDER THE PENALTIES FOR PERJLTRY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated this day of (Name of Orgaxiization) (Title of Person Signing) (Signature) ACKNOWLEDGEMENT STATEOF ) ss COUNTY OF Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to me this day of Notary Public Signature My Commission Expires: Niles Housing Commission a:a251 Cass Street Niles, Ml 49120 o> Office: (269) 683-2783 o> Fax: (269) 683-7435 SECTION 3 COMPLIANCE PLAN CONTRACTOR'S ACKNOWLEDGEMENT AND AGREEMENT Name of Company: Solicitation of File No.: Description of Services or Work: Please indicate your firms proposed methodology for compliance with Section 3; you may select one or more methods of compliance. Meeting the numerical goals set forth in this section for providing training or employment opportunities to residents of public housing or other low income persons (Section 3 residents); Subcontracting work for the covered contract to a Section 3 Certified Business Concern(s); Provide other economic opportunities to low income persons; Contributing to Niles Housing Commission's Educational Training Fund; Becoming a Section 3 Certified Business Concern THIS IS A REQUIRED DOCUMENT FOR ALL NILES HOUSING COMMISSION (FUNDED) PROCUREMENTS EXCEPT CONTRACTS FOR SUPPLIES AND MATERIALS 'Q"" Hous'N" The Niles Housing Commission equal opportunity housing provider. We do not discriminate the basis of race, color, national origin, religion, sex, family status disability.