2084-23 Trash Chute Cleaning, Maintenance, Repair

PROCUREMENT THROUGH SMALL PURCHASE PROCEDURES - 2084-23 Trash Chute Inspection, Maintenance, Cleaning and Repair Services Released 10-18-2023 CONTENTS: Section 1: Special Instructions to Respondents Section 2: Scope of Services Section 3: Price Form and Contractor Information (signature required) Section 4: General Terms and Conditions ATTACHMENTS: Acknowledgement of Addenda (signature required) General Conditions for Non-Construction HUD 5370 Part 2 HUD -52158 Wage Determinations (if maintenance) Section 3 Contractor Compliance Commitments (applicable) HACH Section 3 Plan ( applicable) Section 3 Statement of Compliance ( applicable) HACH Special Terms and Conditions HACH Standard Form for Non-Construction Contracts under $250,000 with Maintenance SCHEDULE OF EVENTS: Solicitation Issuance Wednesday, October 18, 2023 Pre-Response Conference None Scheduled Last Date for Questions Wednesday, November 1, 2023 Responses Due Thursday, November 9, 2023 @ 2:00 pm Award/Contract Effective On

or around week of November 20, 2023 [BONDS ARE NOT REQUIRED FOR THIS SOLICITATION] SECTION 1 INSTRUCTIONS TO RESPONDENTS 1.1. INTRODUCTION The Housing Authority of the City of Hartford (the “Authority”) is issuing this Small Purchase Solicitation (“SPS”) seeking to contract with [one OR one or more contractors] ([each a] [the] “Contractor”) to provide trash chute cleaning services for our Betty Knox and Smith Tower properties, on an "as needed, when needed" basis. The Authority reserves the right to make one award or multiple awards under this SPS, whichever is deemed to be in its best interest. Any obligations of those submitting responses in response to this SPS (“Respondents”) continue to be obligations of Contractor(s) when awarded. Awards will be based on price and other factors as described in this SPS. Term Contract. The term of the contract resulting from this solicitation (the “Contract”) will be for three (3) years commencing on the date of award. Upon satisfactory completion of the initial term of the Contract, the Authority may extend the term of this Contract for two additional one-year terms at its sole option at the prices initially response by each successful Contractor. The Authority shall provide Contractor with written notice of its intent to extend the Contract at least ninety (90) days prior to the expiration of the then current Contract term. Quantities. The Contract is an indefinite delivery, indefinite quantity contract. Services are required as and when needed. The Authority reserves the right to make partial or full award of the services described below. Non-Exclusive. The Contract is not an exclusive contract and there is no guarantee as to the amount of work to be assigned for any particular period of time. The Authority reserves the right to go out to separate solicitation for major projects or for assignments not covered by the Scope of Services described in this SPS. Funding. The Contract is contingent upon continued funding availability from one or more sources including federal funds. In the event that funds are not available at any time during the Contract term, the Authority reserves the right to cancel the Contract. In such event, each Contractor will be paid for satisfactory services provided to date of cancellation. 1.2. PRE-RESPONSE MEETING/INDEPENDENT SITE INSPECTIONS A pre-response meeting has not been scheduled for this SPS. Independent Site Inspections Required. Respondents should conduct site inspections to avail themselves of the general conditions that exist for each of the locations specified in the Scope of Services. Respondents are responsible for having taken steps reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which might affect the work or the cost thereof prior to submitting a bid. Failure to inspect will not be grounds to alter Contractor’s responsibility to successfully perform the work without additional expense to the Authority. 1.3 QUESTIONS AND COMMUNICATION All questions must be put in writing to the SPS Contact named below no later than the date indicated on the cover of this SPS. The intent of this requirement is to assure that all Respondents are in receipt of the same information and to allow the Authority sufficient time to post questions and answers in an Addendum to this SPS. The Authority reserves the right to use its discretion in issuing Addenda for questions and answers; only those questions and answers which might materially affect a vendor’s response will result in an Addendum. It is the responsibility of each Respondent to check the Authority’s website: www.hartfordhousing.org for a copy of all Addenda issued for this SPS. NOTE: Any solicitation or lobbying directed to any Authority staff or the Board of Commissioners is prohibited and is a ground for disqualification of Respondent responses. SOLE CONTACT Kim Cotharin Contracting Officer 180 John D Wardlaw Way Hartford, CT 06106 email: bids@hartfordhousing.org www.hartfordhousing.org 1.4. RESPONSE DEADLINE AND DELIVERY Respondents must utilize email submission to bids@hartfordhousing.org and submit by the date and time identified on the cover page of this solicitation. No mailed originals will be accepted. 1.5. RIGHT TO VERIFY INFORMATION The Authority reserves the right to verify any and all information provided in each response. If there is evidence of misleading or false information, the Authority may, in its discretion, reject the Respondent’s submittal. 1.6. RESPONSE EVALUATION The Authority will assign an agent to review each response to determine if it substantially complies with the requirements and procedures contained in this SPS. Responses that are not in substantial compliance will not be considered further. Responses will be evaluated in accordance with the terms and provisions of the Authority’s procurement policy. Evaluation will include all costs provided for in each response, as well as any one or more of the following: operational and financial capacity to perform, demonstrated record of integrity and business ethics, quality of prior performance. In the event of indefinite quantities, the Authority may apply hypothetical or prior year experience to identify successful respondents. 1.7. RESPONDENT QUALIFICATIONS Contractors must be properly licensed to do business within the State of Connecticut. Respondents must have current and ongoing knowledge for cleaning trash chutes, with a minimum of 5+ years and certifies that it is qualified and capable of performing the Work required under the Contract. Any successful Contractor shall have a person available during normal business working hours to address any problems or complaints of the Authority. The Authority may make such investigations deemed necessary to determine the ability of the Contractor to perform the services outlined in the scope of work. If requested, the Contractor shall provide the Authority with all such information and data for this purpose. The Authority reserves the right to reject any response if the evidence submitted by or derived from an investigation fails to satisfy the Authority that the Contractor has the capacity to carry out the obligations of the Contract and to complete the work specified in this SPS. 1.8. SOCIO ECONOMIC CONSIDERATION The purpose of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) as amended by the Housing and Community Development Act of 1992 (“Section 3”), is to ensure that employment and other economic opportunities generated by certain U.S. Department of Housing & Urban Development (HUD) financial assistance provided to the Housing Authority of the City of Hartford (HACH), to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, are directed to Low-Income and Very Low-Income persons, particularly those who are recipients of government assistance for housing, and to business concerns that provide economic opportunities to Low-Income and Very Low-Income persons. The Contract resulting from this solicitation is subject to the terms of Section 3 as described in the attached Section 3 Plan of the Housing Authority of the City of Hartford. Respondents are required to submit the attached Section 3 Contractor Compliance Commitments with their response. In addition to Section 3, the Authority encourages responses from small businesses including minority and women owned businesses. 1.9. PRICING All offers shall be firm for a period of ninety (90) days following the response due date. Pricing must include all charges necessary to fulfilling the terms of the Contract. 1.10. OPTIONAL PRICE ADJUSTMENT CLAUSE The Contractor warrants that the pricing stated herein will remain firm for the duration of the initial three (3) year term of the Contract. Upon receipt of notice of the Authority’s intent to extend the Contract the Contractor shall have the right to request a price adjustment only during the thirty (30) days immediately following its receipt of notice. During this thirty (30) day period, the Contractor may submit a request in writing to the Authority for a price adjustment that is consistent with and relative to price changes consistent with market trends in the industry and which changes are outside of the Contractor’s control. The Contractor must fully document its request, attaching to the request, without limitation, such market data as support the requested adjustment. The Authority may, in its sole discretion, approve or disapprove the requested adjustment, in whole or in part. Any approved adjustment shall be final and shall remain unchanged until the next renewal of the Contract. If approved, price adjustments become effective ten (10) days after the date of the approval. The Contractor shall honor any purchase orders issued prior to the effective date of the approval at the price in effect at the time of the issuance of the purchase order. 1.11. SUBCONTRACTING The Contractor shall not have the right or power to assign, subcontract, or transfer interest in this Contract without the prior written consent of the Authority. 1.12. CONDITIONS OF CONTRACT This SPS, including all attachments and linked terms and conditions, together with the Contractor’s response will form the entire agreement between the Contractor and the Authority. No exceptions to the Sample Contract attached to this SPS are allowable. In the event additional services are required that have not been awarded, the Authority will have the sole and exclusive right to seek the services on the open market. The person signing the response on behalf of the bidder must be authorized to commit the respondent in contractual matters. 1.13 SECURITY If Supplier specifies terms and conditions or clauses in an electronic license, subscription, maintenance, support or similar agreement, including via a hyperlink or uniform resource locator address to a site on the internet, that conflict with the terms of this Contract, the additional terms and conditions or conflicting clauses shall not be binding on the State and the provisions of this Contract shall prevail. Further, no such terms and conditions or clauses shall expand the State's or Customer's liability or reduce the rights of Customer or the State SECTION 2 SCOPE OF SERVICES The awarded contractor agrees to service and clean the trash chutes, repair trash chute doors if/when needed and or compactors as listed below. The services included in cleaning and deodorizing of the trash chutes, intake and discharge doors, collection areas and compactors. HACH will be responsible to follow that the items has been completed prior to services commencing:  HACH is responsible to have all compactor deposit rooms on every floor free of trash prior to the trash chute cleaning.  Compactor room drain must be operational.  All hopper doors must remain closed during operation  It is the buildings obligation to inform if the building wants a full detailed report of repairs needed on any hopper doors. CLEANING PROCEDURES Preparation: Contact management and provide them with a notice of chute cleaning to hang on each compactor room on every floor. Notice will have the building's address, the date and time work will be performed. Notify tenants to be aware of opening a chute door while cleaning is in progress. If there are locks on the compactor doors, contractor will need to ask for the key, if not they will tape the doors shut. Cleaning: Personnel will go onto each and every floor, scrape down and degrease every compactor chute door and clean the chute with high-pressure hot water, and steam clean the entire door and its surrounding area. Compactor Room: The compactor itself should be degreased and scraped out then, cleaned. It should be cleaned with steam. Deodorizing: Ensure chutes have no smell, and provide process of how deodorizing will be completed on the chute. SECTION 3 PRICE FORM AND CONTRACTOR INFORMATION Cost plus pricing is absolutely prohibited. This prohibition includes all subcontractor price or administrative markups as well as any part or supply markups. The Authority will not reimburse for travel, mileage, hotel, meals or other related expenses and will not pay for travel time to and from Authority locations. Properties: Smith Towers: NUMBER OF BUILDINGS: 1 ADDRESS OF BUILDING(S): 80 Charter Oak Avenue, Hartford, CT 06120 NUMBER OF CHUTE LINES / FLOORS: 1 chute, 22 floors Services Description of Services Price Trash Chute and Door Cleaning Cleaning of the interior of the trash chute and all access door(s) Compactor Cleaning of trash compactor Disinfecting and deodorizing Disinfecting and deodorizing of chute doors, compactor and surrounding areas $__________ Betty Knox: NUMBER OF BUILDINGS: 1 Building(s) ADDRESS OF BUILDING(S): 141 Woodland Street, Hartford, CT 06120 NUMBER OF CHUTE LINES / FLOORS: 1 chute, 10 floors Services Description of Services Price Trash Chute and Door Cleaning Cleaning of the interior of the trash chute and all access door(s) Compactor Cleaning of trash compactor Disinfecting and deodorizing Disinfecting and deodorizing of chute doors, compactor and surrounding areas $_________ Optional Maintenance Agreement: Please document what services an optional maintenance agreement entails, if offered, and pricing outside of the scope. Price Optional Maintenance Agreement:_ Time & Materials________________ CONTRACTOR INFORMATION: 1. Owner of the Company_________________________________________________ 2. List the number of years in business _______________________________________ 3. Is your business full or part-time? _________________________________________ 4. List the number of temporary workers and their position titles employed on a regular basis (attach list) 5. Do you maintain an office that is staffed during normal daily working hours? ________ 6. Who is the Authority’s contact person for this Contract? Name: _______________________________________ E-mail Address: ________________________________ Phone Number: ________________________________ 7. List at least three (3) references of firms to which your company has provided similar services within the past year. 8. What equipment will you use to perform the services in this SPS? (Use a separate sheet of paper, if necessary, to list all equipment and material, include make, model, registration #’s): ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ By signing and submitting this response form, the Contractor certifies the following: 1. This response is signed by an authorized representative of the Contractor. 2. Contractor is in compliance with all Federal, State and Local licensing requirements and shall continue to maintain such compliance during the term of the Contract. 3. The Contractor can obtain insurance certificates as required within 10 calendar days after notice of award. 4. Fees will remain firm for the duration of the Contract unless the response pricing specifically allows for price escalation and/or a price change clause is included in this SPS and is exercised in accordance with its terms. 5. All labor costs, direct and indirect, have been determined and included in the proposed cost. 6. The Contractor has attended the pre-response meeting and site visits (if applicable) and is aware of prevailing conditions associated with performing these services. 7. The Contractor has read and understands the conditions set forth in this response and agrees to them with no exceptions. I, THE UNDERSIGNED, CERTIFY THAT THIS RESPONSE IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER CONTRACTOR SUBMITTING A RESPONSE FOR THE SAME SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD. I AGREE TO ABIDE TO ALL TERMS AND CONDITIONS OF THIS RESPONSE AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS RESPONSE AS OR FOR THE CONTRACTOR. Therefore, in compliance with this SPS and subject to all conditions herein, the undersigned offers and agrees to perform the services or deliver the goods in accordance with the specifications and conditions in this response at the prices quoted if this response is accepted within 90 days from the date it is due. CONTRACTOR: ______________________________________________________________________________ PHYSICAL ADDRESS: ______________________________________________________________________________ CITY, STATE, ZIP: __________________________________________ TELEPHONE: ______________________________________________ FAX: ______________________________________________________ FEDERAL EMPLOYER IDENTIFICATION NUMBER: ___________________________ E-MAIL ADDRESS: ______________________________ BY: ______________________ Signature Typed or printed name Title: Date: THIS FORM MUST BE SIGNED AND INCLUDED IN YOUR RESPONSE. FAILURE TO PROVIDE ANY OF THE INFORMATION REQUIRED HEREIN INCLUDING CONTRACTOR SIGNATURES MAY RESULT IN YOUR RESPONSE BEING DEEMED NON-RESPONSIVE SECTION 4 GENERAL TERMS AND CONDITIONS 1. SIGNED RESPONSE CONSIDERED AN OFFER: Receipt of a signed response is considered a binding offer by the Respondent which shall remain firm for a period of 90 days from the date of responses are due. In the event of withdrawal after response submission, the Authority may take such action as it deems appropriate including legal action for damages or specific performance. 2. CHANGES: The Authority has the right, at any time, to increase or decrease the scope of “Work” contained in this SPS to meet increased or decreased needs. 3. AVAILABILITY OF FUNDS: Any and all payments to the Contractor shall be deemed binding only to the extent of appropriated funds for the purpose set forth in this SPS. 4. NON-DISCRIMINATION: The Contractor shall not discriminate against any individuals and will take proactive measures to assure compliance with all Federal and State and Authority requirements concerning fair employment, employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination based upon age, race, color, religion, sex, national origin or disability. 5. ADVERTISING: In submitting a response to the Authority, the Respondent agrees not to use the results of their response as a part of any commercial advertising without prior approval of the Authority. 6. RIGHT TO NEGOTIATE: The Authority reserves the right to negotiate fees proposed by any Respondent. 7. RIGHT TO REQUEST REASSIGNMENT OF PERSONNEL: The Authority shall retain the right to request and receive a change in personnel assigned to the work if the Authority believes that such change is in the best interest of the Authority and the completion of the contracted work. 8. CONFIDENTIALITY OF RESPONSES: In submitting a response the Respondent agrees not to discuss or otherwise reveal the contents of the response to any source outside of the Authority until after the award of the Contract. Respondents not in compliance with the provision may, at the option of the Authority, be disqualified from contract award. Only discussions authorized by the issuing agency are exempt from this provision. 9. ELABORATE RESPONSES: Elaborate responses in the form of brochures or other presentations beyond that necessary to present a complete and effective response are not desired. 10. COST FOR RESPONSE PREPARATION: Any costs incurred by Respondents in preparing or submitting responses are the Respondents’ sole responsibility. The Authority will not reimburse any Respondent for any costs incurred prior to award of the Contract. 11. RIGHT TO SUBMITTED MATERIAL: All responses, inquiries, or correspondence relating to or in reference to this SPS, and all other reports, charts, displays, schedules, exhibits, and other documentation submitted by the Respondent become the property of the Authority when received. 12. COLLUSIVE ACTIVITY: The Respondent’s signature on the response is a guarantee that the prices quoted have been arrived at without collusion with other eligible Respondents and without effort to preclude the Authority from obtaining the lowest possible competitive price. 13. ERRORS AND OMISSIONS: The Respondent shall not take advantage of any errors or omissions in this SPS. The Respondent shall promptly notify the Authority of any omissions or errors found in this document. 14. INDEPENDENT INVESTIGATIONS: The Authority reserves the right to make independent investigations as to the qualifications of the Respondent. Such investigations may include contacting existing customers. The Authority reserves the unqualified right to accept or reject any and all responses, and to waive any irregularities or deficiencies as may be permitted by law when it is deemed that such action will be in the best interest of the Authority. 15. REFERENCE TO OTHER DATA: Only information which is received in response to this SPS will be evaluated. Reference to information previously submitted will not be evaluated. 16. NOTIFICATION OF AWARD: After all prerequisites and specifications have been met by the Respondent and the award has been made (in the case of contract approval by the Authority Board of Commissioners, award will be deemed made upon such approval), the successful Respondent will be notified within ten (10) working days of this award. The Authority will notify the successful Respondent in writing, either by a Letter of Award or a Purchase Order or both. VERBAL NOTIFICATION OF THE AWARD OF THE CONTRACT IS NOT CONSIDERED A RELIABLE MODE OF NOTIFICATION AND, THEREFORE, WILL NOT BE RECOGNIZED AS AN OFFICIAL NOTIFICATION. 17. AUTHORIZIED PERSONNEL: While engaged in the performance of the services described herein, only authorized employees of the Contractor are allowed at the Authority locations where the “Work” is being performed. During the performance of these services, the Contractor employees are not to be accompanied in the work area by acquaintances, family members, associates or any other person(s) who are not a current, authorized employee(s) of the Contractor. 18. DRUG POLICY: The Contractor certifies that it maintains a drug-free work place environment to ensure worker safety and workplace integrity. The Contractor further agrees their employees shall comply with the Authority’s Drug-Free Workplace Policy. 19. SAFETY: Contractor shall insure that its employees meet and maintain all applicable OSHA or other similar workplace safety and licensing requirements (i.e. asbestos certification, electrician licensing, OSHA 10 etc.) and adhere to all OSHA and other required safety standards and regulations that apply while performing their job duties. Contractor shall provide proof of licensure and compliance with all applicable safety requirements upon request by Authority. 20. CONTINUANCE OF WORK: In the event Contract term expires and Contractor has not completed assignments that are underway, the Authority may, at its discretion, allow Contractor to complete those assignments if the following conditions are met and evidenced in writing: a. Contractor requests to complete the assignments that are underway. b. The prices in Contract remain in effect until all work is completed. c. All other contractual obligations and conditions remain the same, including insurance requirements. This provision does not apply to any continuance of work which would extend the Contract term (inclusive of any extensions by the Authority) beyond five years from the date of Contract award. 21. STATE AND FEDERAL REGULATIONS: The Contractor shall perform all work in accordance with State and Federal safety regulations in regards to work zones, work areas, equipment, vehicles, tools and supplies. The Contractor shall provide all necessary and required work zone protective devices and traffic channeling devices as required under State and Federal safety regulations. 22. PUBLIC SAFETY: The Contractor shall protect the safety and convenience of the general public. The Contractor shall perform “Work” as needed and necessary to protect the general public from hazards. 23. NO SMOKING: The Authority is 100% smoke free. Smoking is absolutely forbidden on all Authority grounds and in all Authority facilities during the entire term of this Contract. This prohibition includes smoking in vehicles parked on Authority grounds. HOUSING AUTHORITY OF THE CITY OF HARTFORD ACKNOWLEDGEMENT OF ADDENDA FORM Respondent has received the following Addenda, the receipt of which is hereby acknowledged: Addendum Number __________ Date Received: __________________ Addendum Number __________ Date Received: __________________ Addendum Number __________ Date Received: __________________ Addendum Number __________ Date Received: __________________ Addendum Number __________ Date Received: __________________ (Company Name) (Signature) HOUSING AUTHORITY OF THE CITY OF HARTFORD, 180 John D Wardlaw Way, HARTFORD CT 06106 Small Purchase – [DESCRIBE SERVICE] – Under 100,000 total Contract Value, No Construction, No Maintenance Housing Authority of the City of Hartford Special Conditions for Non-Construction Contracts [All Amounts, with maintenance] Housing Authority of the Special Conditions for Non-Construction Contracts City of Hartford Page 1 of 7 [use with 5370-C-II] (REV 2/2023) Housing Authority of the City of Hartford Special Conditions for Non-Construction Contracts TABLE OF CONTENTS General 1 1. Contract 1 2. Definitions 1 Term and Termination 1 3. Contract Term 1 Compensation 2 4. Performance Standard 2 5. Payments 2 Recordkeeping & Reports 2 6. Establishment and Maintenance of Records 2 7. Status Reports 2 8. Examination of Contractor’s Records 2 9. Ownership and Proprietary Interest 2 Insurance 2 10. Liability Coverage 2 11. Worker’s Compensation Insurance 2 12. Insurance Conditions 3 General Indemnity 3 13. HA Indemnification 4 Default and Remedies 4 14. Additional Defaults 4 15. Remedies 4 Section 3 4 16. HUD Section 3 Clause 5 Hiring 5 17. Youth and Resident Contact 5 18. Hiring Indemnity 5 Materials and Energy Efficiency 5 19. Recovered Materials 5 20. Energy Efficiency 5 Conflicts of Interest 5 21. Family Conflicts 5 Miscellaneous 5 22. Communications 5 23. Licenses 6 24. Sales Tax 6 25. Entire Agreement 6 26. Choice of Law 6 27. Forum & Venue 6 28. HACH Policies 6 29. Telecommunications 7 30. Domestic Preference 7 General 1. Contract (a) The Housing Authority of the City of Hartford (“HA”) uses these special conditions in contracts for professional services that are fully or partially funded by the U.S. Department of Housing and Urban Development (HUD). (b) HUD Form HUD-5370-C, General Conditions for Non- Construction Contracts, Section II – (With Maintenance Work), (“HUD-5370-C-II”) constitutes part of this contract. 2. Definitions (a) Terms not defined in these special conditions are found in the HUD-5370-C-II or the main contract document incorporating these special conditions. (b) “Contractor” includes contractor’s officers, employees, agents, and subcontractors. Term and Termination 3. Contract Term (a) Contractor shall begin performance on the date of this contract. (b) HA may extend the term of this contract at its sole discretion if Contractor’s service is essential to a project’s completion. (c) HA may terminate this contract in whole, or from time to time in part, for the HA’s convenience or the failure of the Contractor to fulfill the contract obligations. The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise), and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing the contract, whether completed or in process. (d) If the termination is for the convenience of the HA, the HA will be liable only for payment for services rendered before the effective date of the termination. (e) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract, the HA may: (i) require the Contractor to deliver to it, in the manner and to the extent directed by the HA, any work described in the Notice of Termination; (ii) take over the work and prosecute the same to completion by contract of otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; and (iii) withhold any payments to the Contractor, for the purpose of set-off or partial payment, as the case may be, of amounts owned by the HA by the Contractor. Contractor agrees HA is liable to the Contractor for reasonable costs incurred by the Contractor before the effective date of the termination. (f) HA’s Contracting Officer will decide any dispute in accordance with the HA’s procurement policy at the time of the dispute. Housing Authority of the Special Conditions for Non-Construction Contracts City of Hartford Page 2 of 7 [use with 5370-C-II] (REV 2/2023) Compensation 4. Performance Standard Contractor shall make its best effort to provide its service using the highest professional skill and competence. 5. Payments HA shall pay Contractor for invoices submitted to HA, for service done to HA’s satisfaction, within 45 days. HA will not pay invoiced amounts not submitted by Contractor within 6 months of work being performed. Contractor bears the burden of proof of invoice submission to HA. Recordkeeping & Reports 6. Establishment and Maintenance of Records Contractor shall establish and maintain fiscal control and accounting procedures that assure proper accounting for all funds paid by HA to Contractor. 7. Status Reports Contractor shall furnish HA with such information and reports concerning the progress and management of this contract as HA may require from time to time. 8. Examination and Retention of Contractor’s Records Contractor will permit HA, HUD, Comptroller General of the United States, or any of their duly authorized representatives to have access to and the right to examine any of the Contractor’s directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions, for a period of three years after final payment under this contract. Data and Patent Rights 9. Ownership and Proprietary Interest HA has (i) exclusive ownership of, (ii) all proprietary interest in, and (iii) the right to full and exclusive possession of, all information, materials, and documents, discovered or produced by Contractor, resulting from this contract, including reports, memoranda, or letters relating to any contractual research and reporting tasks. Insurance 10. Liability Coverage Contractor shall have the follow insurance: (i) Comprehensive General Liability Insurance, Commercial General Liability. Commercial General Liability Each Occurrence. HA shall be named as an Additional Insured on a primary non-contributory basis for products & ongoing and completed operations that includes bodily injury & property damage with a combined single limit (CSL) of $2,000,000. In addition, such policy shall contain a broad form contractual liability endorsement or similar wording within the policy form, if applicable. Waiver of Subrogation to be provided in favor of HA. (ii) Fidelity/Crime Insurance. Limits of not less than $1,000,000 per occurrence, which covers claims incurred as a result of Contractor’s employees’ dishonesty, burglary, theft, fraud, or destruction of property, if applicable to the services provided under contract. (iii) Automobile Liability Insurance. Auto Liability Combined Single Limit $1,000,000 for all owned, hired and non-owned vehicles for property damage and liability. Housing Authority for the City of Hartford shall be named as an Additional Insured. (iv) Limits not less than $1,000,000 for all damages for any bodily injury sustained by each person as a result of any occurrence, and $1,000,000 for damage because of bodily injury sustained by two or more persons as the result of any occurrence, and $100,000 for property damage sustained as the result of any one occurrence, or a limit of not less than $1,250,000 Combined Single Limit (CSL). 11. Worker’s Compensation Insurance Workers’ Compensation - For all the employees employed on said Work shall be maintained in accordance with Connecticut’s Workers’ Compensation Act. In case any class of employees engaged in hazardous Work under the contract at the site of the Work is not protected under the Workers’ Compensation Act, the contractor shall provide Workers’ Compensation Insurance for the protection of its employees not otherwise protected. Waiver of Subrogation to be provided. In addition to any other requirements related to worker’s compensation insurance, if Contractor is a sole proprietor, a single member limited liability company or otherwise has no employees, Contractor shall maintain Worker’s Compensation Insurance as if it were an “employer” as such term is defined in and in accordance with Connecticut’s General Statutes or as if it were an employer in accordance with the statutes of Contractor’s home state. Contractor shall immediately indemnify HACH for any charges levied by the then current HACH worker’s compensation insurance carrier related to Contractor’s failure to carry or provide proof of carrying insurance as described in this provision. This provision of the Contract survives termination or expiration of the Contract. Housing Authority of the Special Conditions for Non-Construction Contracts City of Hartford Page 3 of 7 [use with 5370-C-II] (REV 2/2023) Contractor shall maintain Worker’s Compensation Insurance for its employees in accordance with Connecticut’s General Statutes or in accordance with the statutes of Contractor’s home state. In addition to any other requirements related to worker’s compensation insurance, if Contractor is a sole proprietor, a single member limited liability company or otherwise has no employees, Contractor shall maintain Worker’s Compensation Insurance as if it were an “employer” as such term is defined in and in accordance with Connecticut’s General Statutes or as if it were an employer in accordance with the statutes of Contractor’s home state. Contractor shall immediately indemnify HACH for any charges levied by the then current HACH worker’s compensation insurance carrier related to Contractor’s failure to carry or provide proof of carrying insurance as described in this provision. This provision of the Contract survives termination or expiration of the Contract. 12. Insurance Conditions (a) Contractor shall purchase insurance coverage from an insurance company licensed to conduct business in Connecticut with a minimum AM Best’s Rating of “A” VIII. All carriers are subject to approval by HA. (b) Contractor shall ensure all required insurance policies provide occurrence-based coverage. (c) HA may review the insurance requirements and coverages from time to time. Contractor agrees to comply with HA’s reasonable new or modified insurance requirements. (d) Contractor shall pay all insurance deductibles, if any, or indemnify HA from paying Contractor’s insurance deductibles, or both. (e) Contractor agrees that the amount of insurance required does not, in any way, limit the liability of Contractor by virtue of its obligation to indemnify HA, so that all claims resulting in a settlement or judgment or other claim-related payment in excess of the coverage amounts required, if any, are the sole responsibility of Contractor to pay, to indemnify HA from paying, or both. (f) Contractor shall advise all their insurers of the contract provisions regarding insurance. The failure of the Contractor to notify insurers of the contract provision shall not relieve the Contractor from its insurance obligations under the contract. Non-fulfillment of the insurance provisions shall constitute a breach of the contract and the HA retains the right to stop work until proper evidence of insurance is provided. If any policy is written on a “Claims Made” basis, the policy must be continually renewed for a minimum of two (2) years from the completion date of this contract. If the policy is replaced and/or the retroactive date is changed, then the expiring policy must be endorsed to extend the reporting period for claims for the policy in effect during the contract for two (2) years from the completion date. (a) Contractor shall ensure that following phrase is placed by its insurer in the ACORD Certificate of Insurance form’s comments section: “The Housing Authority of the City of Hartford is named as an Additional Insured.” (b) Contractor shall furnish HA all insurance renewal certificates at least thirty (30) days prior to policy expiration. (c) Contractor shall maintain insurance coverage in full force for the duration of this contract, including extensions or renewals. Contractor’s cancellation or termination of insurance policies required by this contract without immediate replacement is a default. HA may cure such a default by procuring insurance on behalf of Contractor, at Contractor’s expense. (d) Contractor shall ensure that Contractor’s insurer will provide HA 30-days’ notice before cancellation or decrease in coverage, of any insurance policy required. General Indemnity 13. HA Indemnification (a) In this section, the following definitions apply: “Litigation Expense” means any reasonable out-of- pocket expense incurred in defending a Proceeding or in any related investigation or negotiation, including court filing fees, court costs, arbitration fees, witness fees, and attorneys’ and other professionals’ fees and disbursements. “Losses” means any amount awarded in, or paid in settlement of, any Proceeding, including any interest and any Litigation Expenses. “Proceeding” means any judicial, administrative, or arbitration action, suit, claim, investigation, or proceeding. (b) Contractor shall indemnify HA against all Losses arising out of a Proceeding against HA related to this Contract and initiated by a non-party to this contract (“Claim”), except to the extent that HA negligently or intentionally caused those Losses. (c) HA must promptly notify Contractor of that Claim and deliver to Contractor a copy of all legal pleadings with respect to the Claim. (d) To assume the defense of a Claim, Contractor must notify HA that it is doing so. Promptly thereafter, Contractor shall retain to represent it in the Claim, independent legal counsel that is reasonably acceptable to HA. Housing Authority of the Special Conditions for Non-Construction Contracts City of Hartford Page 4 of 7 [use with 5370-C-II] (REV 2/2023) (e) HA is entitled to participate in the defense of a Claim. HA may defend a Claim with counsel of its own choosing and without Contractor participating if (1) Contractor notifies HA that it does not wish to defend the Claim, (2) by midnight at the end of the tenth business day after HA notifies Contractor of the Claim Contractor fails to notify HA that it wishes to defend the Claim, or (3) representation of Contractor and HA by the same counsel would, in the opinion of that counsel, constitute a conflict of interest. (f) Contractor shall pay any Litigation Expenses that HA incurs in connection with defense of the Claim before Contractor assumes the defense of that Claim, except with respect to any period during which HA fails to timely notify Contractor of that Claim. Contractor will not be liable for any Litigation Expenses that HA incurs in connection with defense of a Claim after Contractor assumes the defense of that Claim, other than Litigation Expenses that HA incurs in employing counsel in accordance with subsection (d), which Litigation Expenses Contractor shall pay promptly as they are incurred. (g) After Contractor assumes the defense of a Claim, Contractor may contest, pay, settle, or compromise the Claim at its discretion, except that it may not compromise or settle the Claim without the consent of HA unless that compromise or settlement (1) does not entail any admission on the part of HA that it violated any law or infringed the rights of any Person, (2) has no effect on any other claim that may be brought against HA, (3) provides as the claimant’s sole relief monetary damages that are paid in full by Contractor, and (4) requires that the claimant release HA from all liability in respect of the Claim. Default and Remedies 14. Additional Defaults (a) Default includes, in addition to those stated elsewhere in this contract: (i) a competent authority, such as a government official or a Certified Public Accountant, determines that Contractor’s management of, or any accounting for, its funding, as relates to this contract, is improper, inadequate, or illegal; and (ii) a court having jurisdiction enters a decree or order adjudging Contractor bankrupt or insolvent, or approving as properly filed Contractor’s petition seeking reorganization, readjustment, arrangement, composition, or similar relief for Contractor under federal bankruptcy laws, or any other similar applicable law. (b) HA may waive any default. HA’s waiver as to a particular default does not constitute a waiver of any other default, whether of the same or different type, and whether preceding or succeeding the waived default. HA’s waiver of a default is not effective unless written and signed by HA’s Executive Director. 15. Remedies (a) HA may elect to pursue any one or more of the following remedies, in any combination or sequence, for any default not waived by HA: (i) any action as HA deems necessary, including the temporary withholding or reduction of payment; (ii) suspend program operation; (iii) require Contractor to cure such default to HA’s satisfaction; and (iv) terminate this contract. (b) HA’s selected remedy does not prohibit HA from pursuing any other remedy and does not constitute a waiver by HA of any other right or remedy. HUD Section 3 16. HUD Section 3 Clause A. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (“Section 3”). B. The parties to this Contract agree to comply with HUD’s regulations in 24 CFR part 75, which implement Section 3. Such regulations include, but are not limited to the following: Contractors and their subcontractors shall make their best efforts to provide training and employment opportunities generated from the expenditure of Section 3 covered assistance in the following order of priority: a. Residents of the housing development or developments for which the Section 3 covered assistance is expended; b. Residents of other housing developments managed by HACH; c. Participants in HUD YouthBuild programs; d. To low-and very low-income persons residing within the Hartford metropolitan area. Contractors and their subcontractors shall make their best efforts to award contracts and subcontracts to business concerns that provide economic opportunities to Section 3 workers in the following order of priority: a. To Section 3 Business Concerns that provide economic opportunities for residents of the public housing projects for which the Section 3 covered assistance is provided; Housing Authority of the Special Conditions for Non-Construction Contracts City of Hartford Page 5 of 7 [use with 5370-C-II] (REV 2/2023) b. To Section 3 Business Concerns that provide economic opportunities for residents of other public housing projects or Section-8 assisted housing managed by HACH; c. To YouthBuild programs; and d. To Section 3 Business Concerns that provide economic opportunities to Section 3 Workers residing within the Hartford metropolitan area. C. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. D. The Contractor shall notify local labor unions of the applicability of Section 3 to this Contract and shall also post all potential job openings and their applicability to potential Section 3 Workers prominently at each site as well. Contractors shall ensure that their subcontractors follow these requirements as well. E. Noncompliance with HUD’s regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. F. Contractor shall promptly submit total labor hours worked for each project, Section 3 labor hours worked for each project and Targeted Section 3 labor hours worked for each project upon Authority request on a form provided by the Authority (the “Labor Hours Audit”). The Labor Hours Audit may be required by the Authority on a quarterly, semi- annual, annual or project end basis. The Labor Hours Audit form may change from time to time at discretion of the Authority. Failure of Contractor to submit a Labor Hours Audit within 15 business days from Authority request (Saturdays, Sundays and Authority Holidays excluded) is per se an event of default by Contractor under this Contract. G. The HACH Section 3 Plan is incorporated in its entirety into this Contract. Any failure to comply with the provisions of the HACH Section 3 Plan may be deemed a default under this Contract or under any other contract between contractor and HACH. In the case of any conflict between this clause and any other Section 3 clause included in any attachment the provisions of this clause prevail. Hiring 17. Youth and Resident Contact (a) Contractor represents that it has appropriate hiring policies and screening procedures for employees who will be working with youths and public housing residents. (b) Contractor shall permit HA to review Contractor’s hiring policies and screening procedures for employees who will be working with youths and public housing residents. (c) HA may terminate this agreement if (i) Contractor’s performance includes working with youths and public housing residents; (ii) HA determines that Contractor’s hiring policy is not appropriate; and (iii) Contractor fails to promptly modify its hiring policy. 18. Hiring Indemnity Contractor shall indemnify HA for any failure of Contractor’s hiring policies and screening procedures. Materials and Energy Efficiency 19. Recovered Materials (a) In accordance with the Solid Waste Disposal Act, 42 U.S.C. § 6962, the Contractor shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, unless the Contractor determines that such items: (i) are not available in a reasonable period of time; (ii) fail to meet reasonable performance standards; or (iii) are only available at an unreasonable price. (b) This provision applies to items purchased under this contract where: (i) the Contractor purchases in excess of $10,000 of the item under this contract; or (ii) during the preceding Federal fiscal year, the Contractor: (1) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (2) purchased a total of in excess of $10,000 of the item both under and outside that contract. (c) In addition to the above Contractor must procure solid waste management services in a manner that maximizes energy and resource recovery; and establish an affirmative procurement program for procurement of recovered materials identified in EPA guidelines. 20. Energy Efficiency Contractor shall comply with all mandatory standards and policies relating to energy efficiency contained in the energy conservation plan issued by the State of Connecticut in compliance with the Energy Policy and Conservation Act. Housing Authority of the Special Conditions for Non-Construction Contracts City of Hartford Page 6 of 7 [use with 5370-C-II] (REV 2/2023) Conflicts of Interest 21. Family Conflicts (a) Contractor represents that it has disclosed to HA any immediate family member (parent, parent-in-law, spouse, child, brother, sister, brother-in law, sister-in- law, or stepparent) of any of its employees, agents, or subcontractors, who is employed by HA. Miscellaneous 22. Communications (a) Both parties agree to write all notices, including demands, requests, instructions, approvals, proposals, and claims. (b) HA will deliver all notices to Contractor by delivering them to Contractor’s registered business address; sending them via email or other electronic transmission to Contractor’s contact electronic address or by mailing them in sealed, postage-paid envelopes, addressed to Contractor’s registered mailing address. (c) Contractor may specify a different address for notices by delivering an address change notice to HA. (d) Contractor will deliver all notices to HA by delivering them to Contracting Officer at HA’s main office; sending them via email or other electronic transmission to bids@hartfordhousing.org and to the Contracting Officer’s email address or by mailing them in sealed, postage-paid envelopes, addressed to Contracting Officer at HA’s main office. (e) HA may specify a different address for notices by delivering an address change notice to Contractor. 23. Licenses Contractor and all subcontractors shall hold, at all times, all licenses required by the State of Connecticut and the City of Hartford, if any. 24. Sales Tax HA shall provide Contractor the necessary tax-exempt information when required. 25. Entire Agreement (a) This contract constitutes the final agreement between the parties. It is the complete and exclusive expression of the parties’ agreement on the matters contained in this contract. All prior and contemporaneous negotiations and agreements between the parties on matters contain in this contract are expressly merged into and superseded by this contract. The provisions of this contract may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings. (b) In entering into this contract, neither party has relied upon any statement, representation, or agreement of the other party, except for those expressly contained in this contract. 26. Choice of Law (a) The laws of the State of Connecticut, without giving effect to its conflicts of law principles, govern all maters arising out of or relating to the contract, including its validity, interpretation, construction, performance, and enforcement. 27. Forum & Venue (a) Any party bringing a legal action or proceeding against any other party arising out of or relating to this contract may bring the legal action or proceeding in the United States District Court for the District of Connecticut or in any court of the State of Connecticut sitting in Hartford. (b) Each party waives, to the fullest extent permitted by law: (i) any objection which it may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to this contract brought in the United States District Court for the District of Connecticut or in any court of the State of Connecticut sitting in Hartford; and (ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum. (c) For the purposes of all legal actions and proceedings arising out of or relating to this contract, each party to this contract submits to the nonexclusive jurisdiction of any court of: (i) the United States District Court for the District of Connecticut and its appellate courts; and (ii) the State of Connecticut sitting in Hartford and its appellate courts. 28. HACH Policies - Fraud, Ethics and Conflicts of Interest The HACH Fraud Policy and the HACH Ethics and Conflicts of Interest Policy are hereby incorporated into this Contract. Contractor shall comply with their provisions as applicable. Copies of the policies are available upon request. mailto:bids@hartfordhousing.org Housing Authority of the Special Conditions for Non-Construction Contracts City of Hartford Page 7 of 7 [use with 5370-C-II] (REV 2/2023) 29. Prohibition on certain telecommunications and video surveillance services or equipment. (a) HACH is prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) See Public Law 115-232, section 889 for additional information. (c) Contractor is prohibited from attempting to sell any covered telecommunications equipment or from utilizing such equipment in carrying out the purposes of this Contract. 30. Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, HACH has, to the greatest extent practicable under a Contract award, provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The Contractor shall provide such preference as well for contracts and purchase orders necessary to carry out the purposes of this Contract and all requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this Contract. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. General Conditions for Non-Construction U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations OMB Approval No. 2577-0157 (exp. 11/30/2023) Contracts Section II – (With Maintenance Work) Public Reporting Burden for this collection of information is estimated to average one hour per response, including the time for reviewing instructions,s earching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not conduct or sponsor, and an applicant is not required to respond to a collection of information unless it displays a currently valid OMB control number. Applicability. This form HUD-5370C has 2 Sections. These Sections must be inserted into non-construction contracts as described below: in the classification under this Contract from the first day on which work is performed in the classification. 2. Withholding of funds 1) Non-construction contracts (without maintenance) greater than $250,000 - use Section I; 2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 905.200) greater than $2,000 but not more than $250,000 - use Section II; and 3) Maintenance contracts (including nonroutine maintenance), greater than $250,000 – use Sections I and II. The Contracting Officer, upon his/her own action or upon request of HUD, shall withhold or cause to be withheld from the Contractor under this Contract or any other contract subject to HUD-determined wage rates, with the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor the full amount of wages required by this clause. In the event of failure to pay any laborer or mechanic employed under this Contract all or part of the wages required under this Contract, the Contracting Officer or HUD may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance until such violations have ceased. The Public Housing Agency or HUD may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. Section II – Labor Standard Provisions for all Maintenance Contracts greater than $2,000 1. Minimum Wages (a) All maintenance laborers and mechanics employed under this Contract in the operation of the project(s) shall be paid unconditionally and not less often than semi-monthly, and without subsequent deduction (except as otherwise provided by law or regulations), the full amount of wages due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Housing and Urban Development which is attached hereto and made a part hereof. Such laborers and mechanics shall be paid the appropriate wage rate on the wage determination for the classification of work actually performed, without regard to skill. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination, including any additional classifications and wage rates approved by HUD under subparagraph 1(b), shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily 3. Records (a) The Contractor and each subcontractor shall make and maintain for three (3) years from the completion of the work records containing the following for each laborer and mechanic: (i) Name, address and Social Security Number; (ii) Correct work classification or classifications; (iii) Hourly rate or rates of monetary wages paid; (iv) Rate or rates of any fringe benefits provided; (v) Number of daily and weekly hours worked; (vi) Gross wages earned; (vii) Any deductions made; and (viii) Actual wages paid. seen by the workers. (b) The Contractor and each subcontractor shall make the records required under paragraph 3(a) available for inspection, copying, or transcription by authorized representatives of HUD or the HA and shall permit such representatives to interview employees during working hours on the job. If the Contractor or any subcontractor fails to make the required records available, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds. (b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate only when the following criteria have been met: (1) The work to be performed by the classification required is not performed by a classification in the 4. Apprentices and Traineeswage determination; (2) The classification is utilized in the area by the industry; and (a) Apprentices and trainees will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in: (i) (3) The proposed wage rate bears a reasonable relationship to the wage rates contained in the wage determination. A bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration (ETA), Office of (ii) The wage rate determined pursuant to this paragraph shall be paid to all workers performing work Section II - Page 1 of 3 form HUD-5370-C (1/2014) Apprenticeship Training, Employer and Labor Services (OATELS), or with a state apprenticeship agency recognized by OATELS, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by OATELS or a state apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice; A trainee program which has received prior approval, evidenced by formal certification by the (ii) forth those findings that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The request shall be directed to the appropriate HA or HUD official in accordance with instructions contained in the notice of findings or, if the notice does not specify to whom a request should be made, to the Regional Labor Relations Officer (HUD). The HA or HUD official shall, within 60 days (unless otherwise indicated in the notice of findings) after receipt of a timely request for reconsideration, issue a written decision on the findings of violation. The written decision on reconsideration shall contain instructions that any appeal of the decision shall be addressed to the Regional Labor Relations Officer by letter postmarked within 30 calendar days after the date of the decision. In the event that the Regional Labor Relations Officer was the deciding official on reconsideration, the appeal shall be directed to the Director, Office of Labor Relations (HUD). Any appeal must set forth the aspects of the decision that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The Regional Labor Relations Officer shall, within 60 days (unless otherwise indicated in the decision on reconsideration) after receipt of a timely appeal, issue a written decision on the findings. A decision of the Regional Labor Relations Officer may be appealed to the Director, Office of Labor Relations, by letter postmarked within 30 days of the Regional Labor Relations Officer’s decision. Any appeal to the Director must set forth the aspects of the prior decision(s) that are in dispute and the reasons. The decision of the Director, Office of Labor Relations, shall be (ii) U.S. Department of Labor, ETA; or (iii) A training/trainee program that has received prior approval by HUD. (b) Each apprentice or trainee must be paid at not less than the rate specified in the registered or approved program for the apprentice’s/trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices and trainees shall be paid fringe benefits in accordance with the provisions of the registered or approved program. If the program does not specify fringe benefits, apprentices/trainees must be paid the full amount of fringe benefits listed on the wage determination for the applicable (iii) classification. (c) The allowable ratio of apprentices or trainees to journeyman on the job site in any craft classification shall not be greater than the ratio permitted to the employer as to the entire work force under the approved program. (d) Any worker employed at an apprentice or trainee wage rate who is not registered in an approved program, and any apprentice or trainee performing work on the job site in excess of the ratio permitted under the approved program, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. final. (e) In the event OATELS, a state apprenticeship agency (b) Disputes arising out of the labor standards provisions of recognized by OATELS or ETA, or HUD, withdraws approval of an apprenticeship or trainee program, the employer will no longer be permitted to utilize apprentices/trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. paragraph 6 shall not be subject to paragraph 5(a) of this form HUD-5370C. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this paragraph 5(b) include disputes between the Contractor (or any of its subcontractors) and the HA, HUD, the U.S. Department of Labor, or the employees or their representatives. 5. Disputes concerning labor standards (a) Disputes arising out of the labor standards provisions 6. Contract Work Hours and Safety Standards Act contained in Section II of this form HUD-5370-C, other than those in Paragraph 6, shall be subject to the following procedures. Disputes within the meaning of this paragraph include disputes between the Contractor (or any of its subcontractors) and the HA, or HUD, or the employees or their representatives, concerning payment of prevailing wage rates or proper classification. The procedures in this section may be initiated upon HUD’s own motion, upon referral of the HA, or upon request of the Contractor or The provisions of this paragraph 6 are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” includes watchmen and guards. (a) Overtime requirements. No Contractor or subcontractor subcontractor(s). contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of (i) A Contractor and/or subcontractor or other interested party desiring reconsideration of findings of violation by the HA or HUD relating to the payment of straight-time prevailing wages or classification of work shall request such reconsideration by letter postmarked within 30 calendar days of the date of notice of findings issued by the HA or HUD. The request shall set 40 hours in such workweek. (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in paragraph 6(a), the Contractor and any Section II - Page 2 of 3 form HUD-5370-C (1/2014) subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to the District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provisions set forth in paragraph (a) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in paragraph (a) of this clause. (c) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the U.S. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph (b) of this clause. 7. Subcontracts The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this Section II and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the provisions contained in these clauses. 8. Non-Federal Prevailing Wage Rates Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under state law to be prevailing, with respect to any employee in any trade or position employed under the Contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position. Section II - Page 3 of 3 form HUD-5370-C (1/2014) Maintenance Wage Rate Decision U.S. Department of Housing and Urban Development Office of Labor Relations HUD FORM 52158 (06/2006) Agency Name: Housing Authority of the City of Hartford 180 John D. Wardlaw Way Hartford, CT 06106 LR 2000 Agency ID No: CT003 Wage Decision Type: Routine Maintenance Nonroutine Maintenance Effective Date: January 1, 2022 Expiration Date: December 31, 2023 The following wage rate determination is made pursuant to Section 12(a) of the U.S. Housing Act of 1937, as amended, (public housing agencies), or pursuant to Section 104(b) of the Native American Housing Assistance and Self-determination Act of 1996, as amended, (Indian housing agencies). The agency and its contractors may pay to maintenance laborers and mechanics no less than the wage rate(s) indicated for the type of work they actually perform. Priscilla Ibrahim 5/03/2022 HUD Labor Relations Date (Name, Title, Signature) WORK CLASSIFICATION(S) HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S) (if any) Electrician I (Skilled Trade) Electrician II (Skilled Trade) Elevator Mechanic Fire Alarm System Mechanic Foreman Foreman (Skilled Trade) General Laborer HVAC I (Skilled Trade) HVAC II (Skilled Trade) Laborer Grounds Maintenance Lead Maintenance Technician Machinery Maintenance Mechanic Maintenace Mechanic I Maintenace Mechanic II Maintenace Mechanic III Plumber I (Skilled Trade) Plumber II (Skilled Trade) $22.01 $23.01 $56.96 $27.51 $24.00 $24.00 $15.14 $22.01 $23.01 $17.79 $31.29 $26.28 $17.37 $19.69 $23.16 $22.01 $23.01 $35.83 The agency employee benefit program has been determined by HUD to be acceptable for meeting the prevailing fringe benefit requirements. (HUD Labor Relations: If applicable, check box and initial below.) __________ LR Staff Initial FOR HUD USE ONLY LR2000: Log in: Log out: PREVIOUS EDITION IS OBSOLETE Form HUD-52158 (06/2006) Housing Authority of the City of Hartford Section 3 Plan PURPOSE The purpose of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) as amended by the Housing and Community Development Act of 1992 (“Section 3”), is to ensure that employment and other economic opportunities generated by certain U.S. Department of Housing & Urban Development (HUD) financial assistance provided to the Housing Authority of the City of Hartford (HACH), to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, are directed to Low-Income and Very Low-Income persons, particularly those who are recipients of government assistance for housing, and to business concerns that provide economic opportunities to Low-Income and Very Low-Income persons. HACH has developed and adopted this Section 3 Plan (the “Plan”) to identify goals, objectives and actions that will be implemented to ensure compliance with the requirements of Section 3. HACH hereby directs the Executive Director to change and update this plan from time to time to make technical corrections and clarifying changes in response to changing market/procurement conditions or Federal regulatory changes. No further board approval is necessary to carry out such revisions. The Executive Director may not make material changes to the Plan without prior approval of the Board of Commissioners. The Executive Director shall present these changes and updates to the Board of Commissioners at the next regular Board of Commissioner’s meeting. APPLICABILITY A. The requirements of Section 3 apply to: 1. Public Housing Financial Assistance (no threshold spending requirement): a. Development assistance provided pursuant to Section 5 of the United States Housing Act of 1937 (the 1937 Act); b. Operations and management assistance provided pursuant to Section 9(e) of the 1937 Act; c. Development, modernization, and management assistance provided pursuant to Section 9(d) of the 1937 Act; and d. The entirety of a mixed-finance development project as described in 24 CFR 905.604, regardless of whether the project is fully or partially assisted with public housing financial assistance as defined in subsections (i) through (iii). 2. Housing and Community Development Financial Assistance expended for housing rehabilitation, housing construction, or other public construction. 3. RAD Projects to a certain extent. B. The requirements of Section 3 do not apply to: 1. Section 8 Operations and HAP contracts; 2. Professional Services Contracts requiring a specialized degree or certification (i.e., legal services, engineering services, audit services); and 3. Contracts with no labor component (i.e., materials purchases for the warehouse) DEFINITIONS Any capitalized terms included herein and not defined have the meanings assigned to them in the Section 3 statutes and regulations. “Best Efforts” and “Greatest Extent Feasible” are statutory terms, used in the statute in different contexts. As such, HUD uses both terms to track compliance, and there are many ways to interpret the language. Traditionally, HUD has used the terms interchangeably, as referenced in the statute, and will continue to be consistent with the statutory language. See 12 U.S.C. 1701u(b)-(d). These terms are integral to the statutory intent and provide flexibility, rather than administrative burden, to grantees or recipients of HUD funding. “Section 3 Project” Section 3 Projects are housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z–1 or 1701z–2), the Lead-Based Paint Poisoning Prevention Act (42 U.S.C 4801 et seq.; and/or the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.). “Section 3 Worker” A Section 3 worker is any worker who currently fits, or when hired within the past five years fit, at least one of the following categories, as documented: 1. The worker’s income for the previous or annualized calendar year is below the income limit established by HUD; 2. The worker is employed by a Section 3 Business Concern; or 3. The worker is a YouthBuild participant. “Targeted Section 3 Worker” A Targeted Section 3 Worker for Public Housing Financial Assistance projects is a Section 3 Worker who: 1. is employed by a Section 3 Business Concern; or 2. currently fits or when hired fit at least one of the following categories, as documented within the past five years: a. A resident of public housing or Section 8-assisted housing; b. A resident of other public housing projects or Section 8-assisted housing managed by the PHA that is providing the assistance; or c. A YouthBuild participant. “Section 3 Business Concern” A Section 3 Business Concern is a business that meets at least one of the following criteria, documented within the last six-month period: 1. At least 51 percent owned and controlled by low- or very low-income persons; 2. Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers; or 3. A business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing. “Low-income and very low-income” Low- and very low-income limits are defined in Section 3(b)(2) of the Housing Act of 1937 and are determined annually by HUD. These limits are typically established at 80 percent and 50 percent of the area median individual income. HUD income limits may be obtained from: https://www.huduser.gov/portal/datasets/il.html “YouthBuild” YouthBuild is a community-based pre-apprenticeship program that provides job training and educational opportunities for at-risk youth ages 16-24 who have previously dropped out of high school. YouthBuild participants learn vocational skills in construction, as well as in other in-demand industries that include health care, information technology, and hospitality. Youth also provide community service through the required construction or rehabilitation of affordable housing for low-income or homeless families in their own neighborhoods. BENCHMARKS For public housing financial assistance, the benchmark for Section 3 Workers is set at 25 percent or more of the total number of labor hours worked by all workers employed with public housing financial assistance in each HACH fiscal year. For purposes of these benchmarks workers employed with public housing financial assistance include not only HACH employees, but all employees of contractors and their subcontractors covered by Section 3. The benchmark for Targeted Section 3 Workers is set at 5 percent or more of the total number of labor hours worked by all workers employed with public housing financial assistance in each HACH fiscal year. This means that the 5 percent is included as part of the 25 percent threshold. For housing and community development financial assistance projects, the benchmark for Section 3 Workers is set at 25 percent or more of the total number of labor hours worked by all workers on a Section 3 project. For purposes of these benchmarks workers employed with public housing financial assistance include not only HACH employees, but all employees of vendors and contractors covered by Section 3. The benchmark for Targeted Section 3 Workers is set at 5 percent or more of the total number of labor hours worked by all workers on a Section 3 Project. This means that the 5 percent is included as part of the 25 percent threshold. For HACH and contractors and their subcontractors Section 3 Workers and Targeted Section 3 Worker’s labor hours may only be counted for five years from when their status as a Section 3 Worker is established. These benchmarks are subject to periodic revision by HUD. The Plan will be updated as required to reflect current benchmarks. Benchmarking changes are considered administrative changes for purposes of the Plan and require Executive Director approval only. QUALITATIVE EFFORTS TO ATTAIN BENCHMARKS OR SHOW BEST EFFORTS/GREATEST EXTENT FEASIBLE HACH will pursue some combination of the following and undertake related efforts to meet the benchmarks described in this Plan. Should HACH meet the benchmarks on an annual basis as a result of these efforts and provide accurate reporting to HUD it will be in compliance with Section 3. Should HACH fail to meet the benchmarks after undertaking the following, HACH will provide evidence of its efforts to show that it has made its Best Efforts and worked to the Greatest Extent Feasible to comply with Section 3 requirements.  Engage in outreach efforts to generate job applicants who are Targeted Section 3 Workers.  Provide training or apprenticeship opportunities.  Provide technical assistance to help Section 3 Workers compete for jobs (e.g., resume assistance, coaching).  Provide or connect Section 3 Workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.  Hold one or more job fairs.  Facilitate award of contracts to Section 3 Business Concerns.  Provide or refer Section 3 Workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, childcare).  Provide assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training.  Assist Section 3 Workers to obtain financial literacy training and/or coaching.  Engage in outreach efforts to identify and secure bids from Section 3 Business Concerns.  Provide technical assistance to help Section 3 Business Concerns understand and bid on contracts.  Divide contracts into smaller jobs to facilitate participation by Section 3 Business Concerns.  Promote use of business registries designed to create opportunities for disadvantaged and small businesses.  Perform outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act In addition to the general efforts outlined above HACH will undertake the following to ensure compliance with Section 3. HACH will provide not more than a 5% price preference in the form of a notional discount to Section 3 Business Concerns for contracts based on the provision of a definite quantity of labor or other service to the Authority. For example, the preference would apply to a roofing contract where the number of roofs to be replaced is a definite quantity set by the Authority and the cost of roofing is set by the Contractor in the form of a bid. The preference would not apply to an indefinite quantity contract (ie on-call emergency services, on-call housing consultant services, etc.). The actual percentage of preference will be determined on an individual contract basis. Contractors who fail to maintain their Section 3 Business Concern status during the term of the contract shall pay HACH for the value of the price differential between their adjusted base bid and the next lowest bid. Section 3 Business Concerns claiming the preference shall supply evidence of their continuing status as a Section 3 Business Concern prior to requesting payment for any retainage or for a final invoice if there is no retainage. Payment for any penalty will be made through a withholding of payment or retainage by HACH. Any moneys collected by HACH under this section will be used for Section 3 purposes. For example: 1. Bid for services. a. Bidder 1 is not a Section 3 Business Concern and bids $100 to provide a service. b. Bidder 2 is a Section 3 Business Concern and bids $102 to provide the same service. c. Bidder 2 receives a 5% notional discount making its effective bid $96.90. d. Bidder 2 is awarded the contract. 2. Failure to meet Benchmarks a. Same facts as number 1 for a-c b. Bidder 2 fails to maintain Section 3 Business Concern status. c. Bidder 2 must pay HACH the difference between its effective bid of $96.90 and the next lowest bid of $100 - $3.10 HACH will certify potential Section 3 Workers and Section 3 Business Concerns utilizing the attached certification forms and make efforts to link certified workers with contractors and certified businesses with contractors as well.  All persons who meet the Section 3 Worker or Targeted Worker eligibility guidelines can, by appointment, visit with the Section 3 Coordinator to self-certify and claim job readiness for a particular skill or trade. Any claim of job readiness by a particular individual is informational only and HACH makes no representation of job readiness to any contractor hiring such individual.  The Section 3 Coordinator may make a referral to other agencies that are better equipped to provide job readiness training in a particular skill.  Any business seeking to be a Section 3 Business Concern in the awarding of contracts or purchase agreements with HACH may apply by completing the Certification for Business Concerns form attached to this Plan. The Section 3 Coordinator will review applications and make a determinations or ask for additional information.  Certifications for a Section 3 Business Concern must be submitted to the Section 3 Coordinator prior to the submission of bids or responses to HACH solicitations for approval. Certification must be submitted along with any responses. HACH shall make its best efforts to provide training and employment opportunities generated from the expenditure of Section 3 covered assistance in the following order of priority. a. Residents of the housing development or developments for which the Section 3 covered assistance is expended; b. Residents of other housing developments managed by HACH; c. Participants in HUD YouthBuild programs; d. To low-and very low-income persons residing within the Hartford metropolitan area. Consistent with existing Federal, state and local laws and regulations, HACH will make its best efforts to award contracts and subcontracts to business concerns that provide economic opportunities to Section 3 workers in the following order of priority: a. To Section 3 Business Concerns that provide economic opportunities for residents of the public housing projects for which the Section 3 covered assistance is provided; b. To Section 3 Business Concerns that provide economic opportunities for residents of other public housing projects or Section-8 assisted housing managed by HACH; c. To YouthBuild programs; and d. To Section 3 Business Concerns that provide economic opportunities to Section 3 Workers residing within the Hartford metropolitan area. CONTRACTOR/VENDOR REQUIREMENTS Contractors and their subcontractors shall make their best efforts to provide training and employment opportunities generated from the expenditure of Section 3 covered assistance in the following order of priority. a. Residents of the housing development or developments for which the Section 3 covered assistance is expended; b. Residents of other housing developments managed by HACH; c. Participants in HUD YouthBuild programs; d. To low-and very low-income persons residing within the Hartford metropolitan area. Consistent with existing Federal, state and local laws and regulations Contractors and their subcontractors shall make their best efforts to award contracts and subcontracts to business concerns that provide economic opportunities to Section 3 workers in the following order of priority: a. To Section 3 Business Concerns that provide economic opportunities for residents of the public housing projects for which the Section 3 covered assistance is provided; b. To Section 3 Business Concerns that provide economic opportunities for residents of other public housing projects or Section-8 assisted housing managed by HACH; c. To YouthBuild programs; and d. To Section 3 Business Concerns that provide economic opportunities to Section 3 Workers residing within the Hartford metropolitan area. Contractors shall submit a Section 3 plan with responses detailing how they and their subcontractors will comply with the requirements of Section 3. The plan should include but not be limited to: a. Specific information about the contractor's and subcontractor’s current workforce including certification forms as attached to this Plan for current Section 3 Workers. b. A list, of the number of total labor hours, Section 3 worker labor hours, and Targeted Section 3 worker labor hours expected to be generated from the initial contract and a list of projected number of available positions, to include job descriptions and wage rates. c. d. Strategies and/or procedures for targeting Section 3 Workers, Section 3 Targeted Workers and Section 3 Business Concerns for new economic opportunities. e. Plans for facilitating self-certification of Section 3 Workers and Section 3 Business Concerns. f. A commitment to provide all reporting necessary for HACH to comply with Section 3 reporting requirements in a timely manner. Contractors shall maintain records of any and all Section 3 activities, including: a. Section 3 education, training, and employment records, including a record of those potential Section 3 Workers that participated in training sessions as well as any residents or other potential Section 3 Workers who applied for employment opportunities. b. Records certifying the status of Section 3 Workers whose hours are claimed toward compliance with Section 3. Such certifications must follow the form of those laid out in Exhibit 2 to this Plan. c. Bidding documents, proposals, and Contractor's Section 3 plan. d. Records related to notification and outreach. e. Records of all hours worked in a manner consistent with HACH and HUD required Section 3 reporting. Note to contractors that the Section 3 Rule has specific requirements related to the number of years a worker may be considered for Section 3 compliance. Contractors shall meet the benchmarks described in this Plan through their own hours or the hours worked by them and their subcontractors or shall provide the Section 3 Coordinator with a highly detailed description of the Best Efforts and Greatest Extent Feasible activities undertaken to attempt to meet the benchmarks. Should contractors fail to meet the benchmarks they shall also certify that their best efforts were utilized in accordance with the orders of priority for education, training and provision of job opportunities as such priorities are described in this Plan. Such reporting must be provided by contractors promptly upon contract initiation, following the end of each calendar year and at contract closeout as well as upon request or at intervals established by the Section 3 Coordinator. Failure to provide such reporting may be considered an event of default under any contract contractor holds with HACH. PENALTIES FOR CONTRACTOR NON-COMPLIANCE Any contractor found to be non-compliant w i t h t h e i r o b l i g a t i o n s u n d e r S e c t i o n 3 w i l l be given a reasonable chance to cure such non-compliance and then will be subject to the following r e m e d i e s a t H A C H ’ s d i s c r e t i o n : a. Withholding of future payments or retainage due under any contract with HACH until it is determined by the Section 3 Coordinator that the contractor is in compliance with such obligations. b. Rejection of all future bids on HACH projects or applications for financial assistance in any form from H A C H until it is determined by the Section 3 Coordinator that the contractor is in compliance with such obligations. c. Declaration of contract default and pursuit of contract remedies. SECTION 3 CLAUSE All Section 3 covered contracts will include the following clause (referred to as the Section 3 Clause): A. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (“Section 3”). B. The parties to this Contract agree to comply with HUD’s regulations in 24 CFR part 75, which implement Section 3. Such regulations include, but are not limited to the following: Contractors and their subcontractors shall make their best efforts to provide training and employment opportunities generated from the expenditure of Section 3 covered assistance in the following order of priority. a. Residents of the housing development or developments for which the Section 3 covered assistance is expended; b. Residents of other housing developments managed by HACH; c. Participants in HUD YouthBuild programs; d. To low-and very low-income persons residing within the Hartford metropolitan area. Consistent with existing Federal, state and local laws and regulations Contractors and their subcontractors shall make their best efforts to award contracts and subcontracts to business concerns that provide economic opportunities to Section 3 workers in the following order of priority: a. To Section 3 Business Concerns that provide economic opportunities for residents of the public housing projects for which the Section 3 covered assistance is provided; b. To Section 3 Business Concerns that provide economic opportunities for residents of other public housing projects or Section-8 assisted housing managed by HACH; c. To YouthBuild programs; and d. To Section 3 Business Concerns that provide economic opportunities to Section 3 Workers residing within the Hartford metropolitan area. C. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. D. The Contractor shall notify local labor unions of the applicability of Section 3 to this Contract and shall also post all potential job openings and their applicability to potential Section 3 Workers prominently at each site as well. Contractors shall ensure that their subontractors follow these requirements as well. E. Noncompliance with HUD’s regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. F. Contractor shall promptly submit total labor hours worked for each project, Section 3 labor hours worked for each project and Targeted Section 3 labor hours worked for each project upon Authority request on a form provided by the Authority (the “Labor Hours Audit”). The Labor Hours Audit may be required by the Authority on a quarterly, semi-annual, annual or project end basis. The Labor Hours Audit form may change from time to time at discretion of the Authority. Failure of Contractor to submit a Labor Hours Audit within 15 business days from Authority request (Saturdays, Sundays and Authority Holidays excluded) is per se an event of default by Contractor under this Contract. G. The HACH Section 3 Plan is incorporated in its entirety into this Contract. Any failure to comply with the provisions of the HACH Section 3 Plan may be deemed a default under this Contract or under any other contract between contractor and HACH. INTERNAL SECTION 3 COMPLIANT PROCEDURE In an effort to resolve complaints generated due to non-compliance through an internal process, HACH encourages submittal of such complaints to its Section 3 Coordinator as follows: a. Complaints of non-compliance must be filed in writing and must contain the name of the complainant and a brief description of the alleged violation of 24 CFR 135. b. Complaints must be filed within thirty (30) calendar days after the complainant becomes aware of the alleged violation. c. An investigation will be conducted if complaint is found to be valid. The Section 3 Coordinator will conduct an informal, but thorough investigation affording all interested parties, if any, an opportunity to submit testimony and/or evidence pertinent to the complaint. d. The Section 3 Coordinator will provide written documentation detailing the findings of the investigation of HACH. HACH will review the findings for accuracy and completeness before it is released to complainants. The findings will be made available no later than thirty (30) days after the filing of complaint. Written complaints are to be filed with: Section 3 Coordinator Housing Authority of the City of Hartford 180 John D. Wardlaw Way Hartford, CT 06106 If complainants wish to have their concerns considered outside of the HACH a complaint may be filed with: United States Department of Housing and Urban Development Hartford Field Office One Corporate Center 20 Church Street, 10th Floor Hartford, CT 06103-3220 ADOPTION AND REVISION HISTORY Board Adoption – November 9, 2021 Revisions Approved by Board – December 14, 2021 Non-Material Revision to Section 3 Clause-Clarification of Reporting Requirements-February 17, 2023 Section 3 Contractor Compliance Commitments Contract Name/Number: This Section 3 Contractor Compliance Commitments document is formulated to meet the standards detailed within the Section 3 Plan of the Housing Authority of the City of Hartford. Section 1.0 - Current Status as a Section 3 Business Concern Complete the following to verify your firm's current status as a "section 3 business concern" (as detailed within the Section 3 plan of the Housing Authority of the City of Hartford): Yes__ No __: Is your firm claiming to be a Section 3 Business Concern? If “Yes,” please submit the noted documentation on the Business Certification form to verify this claim. If “No”, proceed directly to the following Section 2.0. Section 2.0 – Contractor Commitment to Meet Labor Hour Benchmark 2.1. General Benchmark Yes__ No __: 25% or more of the total number of labor hours for this...