1998-21 VoIP 09042025.pdf
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- Attached to
- 1998-25 Cloud Hosted VOIP Phone System
- Solicitation number
- 1346
- Issued by
- Connecticut
About this file
Summary
This is a Request for Quotations (RFQ) for professional services issued by the Housing Authority of the City of Hartford (HACH) in Connecticut for a cloud-hosted VoIP phone system. HACH seeks a vendor to migrate its existing VoIP system to a managed cloud solution, port existing phone numbers, and provide ongoing managed services. The current system serves nine HACH locations with a total of 59 active physical extensions and 74 total physical devices (Digium and Polycom models). The system currently supports 85 extensions and 109 Direct Inward Dials (DIDs) across locations with connectivity via Comcast cable modems (minimum 100/20 Mbps) and dedicated fiber at the main office. The solicitation was issued on September 24, 2025, with the last date for questions on October 16, 2025, at 2:00 pm. Responses are due by October 23, 2025, at 2:00 pm via email to kcotharin@hartfordhousing.org, with contract award anticipated for the week of October 27th. The contract term is five years.
Respondents must provide unlimited local and long-distance calling with a 99.99% service level agreement (SLA) including service credits for non-compliance, complete system migration and configuration, E-911 registration, hardware maintenance and support, staff training, and pricing based on 85 extensions and 109 DIDs. The response must include a detailed narrative describing the migration process, SLA and resiliency details, PSTN package specifications, training provisions, and relevant experience, along with a cost summary table itemizing one-time migration and provisioning costs, annual hosting costs, service and support costs, moves/adds/changes pricing, PSTN services pricing, and other costs. Cost-plus pricing and markup arrangements are prohibited. Respondents must provide three references from similar engagements within the past year and certify that all labor costs are included in the proposal. The contract is subject to HUD-funded special conditions including provisions for worker's compensation insurance, professional liability insurance with $1,000,000 limits, comprehensive general liability with $1,000,000 Combined Single Limit, and compliance with HUD Section 3 employment opportunity requirements.
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Text version
SMALL PROCUREMENT THROUGH REQUEST FOR QUOTATIONS –
SERVICES
1998-25 Cloud Hosted VOIP Phone System
SCHEDULE OF EVENTS:
Solicitation Issuance Wednesday, September 24, 2025 Pre-Response Conference None Scheduled Last Date for Questions October 16, 2025 by 2:00 pm Responses Due Thursday, October 23, 2025 @ 2:00 pm Award/Contract Effective On or around week October 27th
RESPONDENT INFORMATION:
By submitting this bid form electronically, the respondent (the “Respondent”) certifies the following:
1. This bid is signed by an authorized representative of the Respondent.
2. The Respondent can obtain insurance certificates as required within 10 calendar days after notice of award if applicable.
3. All labor costs, direct and indirect, have been determined and included in the proposed cost.
4. The Respondent has read and understands the conditions set forth in this bid and agrees to them with no exceptions.
Name Date
Quotations are due via email to kcotharin@hartfordhousing.org no later than 2 p.m. on Thursday, October
23, 2025. Quotations incorporate, but do not have to include the attached terms and conditions.
The Contract resulting from this solicitation will be in the form of a purchase order issued by the Housing
Authority of the City of Hartford (the “Authority” or “HACH”). The Contract will consist of the purchase order, the Respondent’s submitted bid and this solicitation in its entirety.
mailto:kcotharin@hartfordhousing.org
Overview
The Housing Authority of the City of Harford (HACH) is seeking proposals for a VOIP system. The successful vendor will provide the following migration from current VOIP system tasks and ongoing services:
Configuration and migration of HACH’s current VOIP with a managed solution
Porting of existing numbers to cloud hosted provider’s infrastructure
Ongoing managed services (description below)
Unlimited local and long-distance call plan
All E-911 registration and ongoing services
All hosting, maintenance, support, and service of the VOIP environment. (HACH will retain the ability to conduct moves, adds, changes, and administrative programming of the system)
SLA of 99.99%, with a credit if service falls below that threshold
Current Phone System
The current phone system VOIP hosted with additional storage at HACH’s main office location. This system provides services to all HACH locations over an internal. A list of sites and number of phones is provided below:
Main Office:
180 John D. Wardlaw Way, Hartford, CT 06106
Total number of phone extensions: 38
Warehouse
791 Windsor Street, Hartford, CT 06120
Total number of phone extensions: 03
Mary Shepard Place
15 Pavilion Street, Hartford, CT 06120
Total number of phone extensions: 03
Mary Mahoney Village
73 Vine Street, Hartford, CT 06112
Total number of phone extensions: 01
Kent Apartments
188 Sigourney Street, Hartford, CT 06105
Total number of phone extensions: 01
Betty Knox
141 Woodland Avenue, Hartford, CT 06105
Total number of phone extensions: 03
Smith Tower
80 Charter Oak Avenue, Hartford, CT 06106
Total number of phone extensions: 04
Nelton Court
45 Allan Green Way, Hartford, CT 06120
Total number of phone extensions: 01
Dutch Point
137 Wyllys Street Hartford 06120
Total numbers of pf phone extensions: 05
Total in use physical extensions: 59
Total physical devices: 74 (Digium D70, D50, D40, and Polycom IP-6000)
Total
All extensions are IP based extensions.
All sites currently have Comcast cable modem connectivity with a minimum bandwidth package of 100/20
Mbps. In addition to the comcast connection, the main office location has dedicated fiber connection. All phones will connect directly to the internet.
Users are currently provided with softphone extensions for their PCs, this functionality must be retained with the migration.
Migration Process
The selected vendor will be responsible for the following migration:
Analysis of the current VOIP configuration
Migration of all configuration and user data (call recordings, call logs, voicemail, and other essential information) to the cloud hosted.
Migration of phone numbers to cloud provider (porting)
Reprogramming of on-premises hardware and softphone endpoints
E-911 configuration and reprogramming
Training of administrative staff and end users as necessary
Any additional migration and reprogramming tasks as necessary to facilitate a seamless migration
Ongoing Services
HACH is seeking a turnkey hosted solution, meaning that the selected vendor will assume complete responsibility for the hosting, support, maintenance, and upgrades. The provider will be responsible for all redundancies in services and infrastructure to meet the required 99.99% uptime service level agreement. Only unlimited call plans will be considered for this procurement – no metered packages will be accepted.
Services should be quoted based on a 5-year agreement term. The selected vendor will provide a maintenance plan for all on-premises hardware (phones). The hardware maintenance plan will include-
Hardware service and replacement of handsets due to accidental damage or malfunction.
Programming related to moves, adds, changes.
Regular firmware updates of phone hardware as prescribed by manufacturer best practices.
Onsite deployment of phones, if necessary.
HACH will be responsible for the procurement of additional handsets, as required, and the upgrade of unsupported handsets, if required.
HACH will be responsible for network troubleshooting related to VoIP performance, but will require insight from the selected vendor- roundtrip statistics, QoS validation, etc.
Quotations are due via email to bids@hartfordhousing.org later than 2 p.m. on Monday, August 23, 2026. All bids are due no later than 2 p.m. on Thursday, August 26, 2021. Submissions must include this entire solicitation form filled out and signed.
The Contract resulting from this solicitation will be in the form of a purchase order issued by the Housing
Authority of the City of Hartford (the “Authority” or “HACH”). The Contract will consist of the purchase order, the Respondent’s submitted bid and this solicitation in its entirety. Any SLA or other agreement required by Respondent must be submitted with their bid. Any such agreement’s terms will be subordinate to the terms contained in this solicitation.
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.
Response Format
Responses should include a narrative describing the migration process, what is included vs. excluded, details regarding the SLA and resiliency of the solution, PSTN package details, information related to the training that will be made available, and details regarding relevant experience with similar sized solutions. All responses must include a summary table with a minimum of the following information:
Item One-Time Cost Annual Cost
Migration and provisioning of cloud solution
Hosting cost based on 85 extensions and 109 DIDs
Service and support
Moves adds and changes
PSTN services
Other one-time costs mailto:bids@hartfordhousing.org
Other annual costs
Optional Add-Ons
Please include pricing for e-fax capabilities.
RESPONDENT INFORMATION:
1. Owner of the Company_________________________________________________
2. List the number of years in business _______________________________________
3. Is your business full or part-time? _________________________________________
4. Do you maintain an office that is staffed during normal daily working hours? ________
5. Who is the Authority’s contact person for this Contract?
Name: _______________________________________
E-mail Address: ________________________________
Phone Number: ________________________________
6. List at least three (3) references of firms to which your company has provided similar services within the past year.
By signing and submitting this bid form, the respondent (the “Respondent”) certifies the following:
1. This bid is signed by an authorized representative of the Respondent.
2. The Respondent can obtain insurance certificates as required within 10 calendar days after notice of award if applicable.
3. All labor costs, direct and indirect, have been determined and included in the proposed cost.
4. The Respondent has attended the pre-bid meeting and site visits (if applicable) and is aware of prevailing conditions associated with performing these services.
5. The Respondent has read and understands the conditions set forth in this bid 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 BID 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 BID
AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS RESPONSE AS OR FOR THE
RESPONDENT.
Therefore, in compliance with this Request for Quotations 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 bid at the prices quoted if this bid is accepted within 90 days from the date of the opening.
RESPONDENT:
ADDRESS:
CITY, STATE, ZIP:
TELEPHONE NUMBER: ________________________ FAX: ______________________________
FEDERAL EMPLOYER IDENTIFICATION NUMBER: __________________________________
E-MAIL: _________________________________________________________________________
BY: ______________________
Signature Typed or printed name
Title:
Date:
BIDDING TERMS AND CONDITIONS
1. SIGNED RESPONSE CONSIDERED AN OFFER: Receipt of a signed response or electronic submission of a response (collectively, the “Response”) is considered a binding offer by the Respondent which will remain firm for a period of 90 days from the date of the Response being due. In the event of withdrawal after the due date, the Authority may take such action as it deems appropriate including legal action for damages or specific performance.
2. 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.
3. 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.
4. 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.
5. 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.
6. RIGHT TO SUBMITTED MATERIAL: All responses, inquiries, or correspondence relating to or in reference to this solicitation, and all other reports, charts, displays, schedules, exhibits, and other documentation submitted by the Respondents become the property of the Authority when received.
7. COLLUSIVE RESPONDING: The Respondent’s signature on the Response or its electronic transmission of 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.
8. CONFLICT OF INTEREST: All Respondents must disclose in writing with their Response the name of any owner, officer, director, or agent who is also an employee of the Authority. All Respondents must also disclose in writing with their response the name of any employee of the Authority who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent’s firm or any of its branches or subsidiaries. By submitting a Response, the respondent certifies that there is no relationship between the respondent and any person or entity which is or gives the appearance of a conflict of interest related to this solicitation.
9. ERRORS AND OMISSIONS: The Respondent shall not take advantage of any errors or omissions in this solicitation. The Respondent shall promptly notify the Authority of any omissions or errors.
10. 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.
11. REFERENCE TO OTHER DATA: Only information which is received in response to this solicitation will be evaluated. Reference to information previously submitted will not be evaluated.
12. 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.
SPECIAL CONTRACT TERMS AND CONDITIONS
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).
2. Definitions
(a) Terms not defined in these special conditions are found in 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.
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, (including contractual liability insurance). Limits not less than
$1,000,000 for all damages for any bodily injury sustained as the result of any occurrence, and $1,000,000 for all damages of property sustained by each person as the result of any one occurrence, and $1,000,000 for all property damage sustained as a result of any one occurrence, or a limit of not less than $3,000,000 Combined Single Limit (CSL).
(ii) Professional Liability Insurance. Limits of not less than $1,000,000 per occurrence, covering acts, errors and omissions arising out of the rendering of, or failure to render, professional services related to this contract if applicable to the services provided under contract.
(iii) 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.
(iv) Automobile Liability Insurance. 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 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 or a company approved 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 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.”
(g) Contractor shall furnish HA all insurance renewal certificates at least thirty (30) days prior to policy expiration.
(h) 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.
(i) 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.
(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 Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR
135) (Applies to contracts for work to be performed, not for the mere purchase of supplies or materials)
(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, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of
HUD assistance for housing.
(b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3.
As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.
(c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
(d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24
CFR Part 135, 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 135. 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 135.
(e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.
(f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
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.
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.
mailto:bids@hartfordhousing.org
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.
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 |
| 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). |
| 2. Definitions |
| (a) Terms not defined in these special conditions are found in 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 Termin... |
| (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. |
| 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 ... |
| 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 ... |
| 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 repo... |
| Insurance |
| 10. Liability Coverage |
| Contractor shall have the follow insurance: |
| (i) Comprehensive General Liability Insurance, (including contractual liability insurance). Limits not less than $1,000,000 for all damages for any bodily injury sustained as the result of any occurrence, and $1,000,000 for all damages of property sus... |
| (ii) Professional Liability Insurance. Limits of not less than $1,000,000 per occurrence, covering acts, errors and omissions arising out of the rendering of, or failure to render, professional services related to this contract if applicable to the se... |
| (iii) 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 provid... |
| (iv) Automobile Liability Insurance. 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 t... |
| 11. Worker’s Compensation Insurance |
| 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 comp... |
| 12. Insurance Conditions |
| (a) Contractor shall purchase insurance coverage from an insurance company licensed to conduct business in Connecticut or a company approved 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... |
| (f) 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.” |
| (g) Contractor shall furnish HA all insurance renewal certificates at least thirty (30) days prior to policy expiration. |
| (h) 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 ... |
| (i) 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 profe... |
| “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. |
| (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 en... |
| (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 Cl... |
| (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 (... |
| 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... |
(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 effe...
| 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 |
| 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 hir... |
| 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 |
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