23-15-FIR IFB Attachments.pdf

Issue Date: August 2022 SFD Station #5 Site Improvements Project

City of Salem, MA Specifications ATTACHMENT TABLE OF CONTENTS Bobrek Engineering & Construction

ATTACHMENT TABLE OF CONTENTS

ATTACMENT DESCRIPTION LOCATION OF INFORMATION

COMMUNITY BLOCK GRANT

SECTION 3 CONTRACTOR REQUIREMENTS

ATTACHMENT A

DAVIS BACON WAGE RATES ATTACHMENT B1

MASSACHUSETTS WAGE RATES ATTACHMENT B2

TECHNICAL SPECIFICATIONS ATTACHMENT C

EXISTING CONDITIONS PHOTOS ATTACHMENT D

CONSTRUCTION DRAWINGS ATTACHMENT E

MASSDOT STANDARD SPECIFICATIONS/DETAILS

https://www.mass.gov/massdot-highway-division-manuals-and-publications

END OF SECTION

City of Salem, MA Specifications ATTACHMENT TABLE OF CONTENTS Bobrek Engineering & Construction

THIS PAGE INTENTIONALLY LEFT BLANK

City of Salem, MA Specifications ATTACHMENT A Bobrek Engineering & Construction SECTION 3 PLAN

ATTACHMENT A

COMMUNITY BLOCK GRANT CONTRACTOR

REQUIREMENTS &

CITY OF SALEM SECTION 3 PLAN

Section 3 Certification for RFPs and Sealed Bids

This project is subject to the requirements of Section 3 of the Housing & Urban Development Act of 1968, as amended, 12 USC 170U and the regulations set forth in 24 CFR 135, which is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, Sate and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low-and very low-income persons.

Section 3 Business Concerns are businesses that can provide evidence that they meet one of the following:

Business is 51% or more owned by Section 3 residents. A Section 3 Resident is 1) a Salem Housing

Authority resident; or 2) a Salem resident whose total family income does not exceed 80% of the median income for the area as per the HUD local income limits; or 3) a resident of the Boston Metropolitan Statistical Area whose total family income does not exceed 80% of the median income for the area as per the HUD local income limits.;

At least 30% of the business’s permanent, full-time employees are currently Section 3 residents, or within three years of the date of first employment with the firm were Section 3 residents; or

Business provides evidence of a commitment to award more than 25% of the dollar amount of all subcontracts to businesses that fall within (1) or (2) above.

Any Business Concern seeking to qualify as a Section 3 Business shall demonstrate eligibility by completing the Section 3 Business Affidavit. A Section 3 business shall show that it has the ability to successfully carry out the terms and conditions of the proposed contract -- which shall include, among other factors, a demonstrated history of compliance with public policy requirements, including Section 3.

Whenever two or more equal sealed bids are received by qualified businesses, and one is from a Certified Section 3 Business, the Certified Section 3 Business will receive preference in awarding. If two or more qualified businesses are deemed Highly Advantageous in the Request for Proposals Process, and one is a Section 3 business concern, but their bid price is slightly higher than a non-Section 3 firm, the City of Salem can give preference to the Section 3 business in an effort to meet its numerical goals annually.

For more information, or to obtain a Section 3 Business Affidavit, please contact:

Jane A. Guy, Assistant Community Development Director City of Salem Department of Planning and Community Development 120 Washington St.

Salem, MA 01970 978-619-5685; (F) 978-740-0404

For Awarded Contracts of $100,000 or more

A Section 3 covered project involves the construction or rehabilitation of housing (including reduction of lead-based paint hazards), or other public construction including street repair, sewage line repair or installation, updates to building facades, etc. that are completed with federal assistance (i.e. CDBG, HOME funds, etc.)

With respect to recipients of CDBG and HOME funding, all contractors or subcontractors receiving contracts in excess of $100,000 to complete projects involving housing construction, rehabilitation, or other public construction are required to comply with the requirements of Section 3. Section 3 contracts include professional service contracts provided that the work to be performed is in connection with projects involving housing rehabilitation, housing construction, or other public construction.

Goals

The minimum numerical goal for employment is that 30 percent of the aggregate number of new hires shall be Section 3 residents — i.e., 1 out of 3 new employees needed to complete the project/activity shall be a Section 3 resident.

The minimum goals for contracting are:

Ten percent of the total dollar amount of all contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing or building trades work arising in connection with housing rehabilitation, housing construction and other public construction, shall be awarded to Section 3 businesses; and Three percent of the total dollar amount of all non-construction contracts, shall be awarded to Section 3 businesses.

The undersigned certifies under penalties of perjury, notwithstanding any other provision of Law to the contrary, that they will comply with all requirements of Section 3. Prior to the final payment, the Contractor shall provide a written report documenting how they have complied with this requirement.

PROJECT TITLE:

NAME OF BUSINESS:

AUTHORIZED OFFICER (PRINT):

AUTHORIZED OFFICER (SIGNATURE):

Interim City of Salem Section 3 Plan

Rev. November 7, 2019

Documents

Overview City of Salem Responsibilities Section 3 Certification for RFPs & Sealed Bids Section 3 Clause Contractor Responsibilities Examples of Efforts Forms o Contractor Section 3 Reporting Form o Resident Certification o Business Affidavit

City of Salem Section 3 Plan Overview

What is Section 3?

Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u) as amended is intended to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, Sate and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low-and very low-income persons. Section 3 is applicable when the construction or rehabilitation projects create the need for new employment, contracting, or training opportunities. If the expenditure of covered funding does not result in new employment, contracting, or training opportunities, the requirements of Section 3 are not applicable.

As a recipient of HUD Community Planning and Development assistance, the City of Salem certifies it will comply with the requirements of Section 3. HUD Community Planning and Development programs include the CDBG and HOME Programs. The requirements of Section 3 also apply to contractors or subcontractors that receive contracts in excess of $100,000 for Section 3 eligible projects. HUD’s regulations on Section 3 can be found in the Code of Federal Regulations, at 24 CFR 135.

Covered Projects A Section 3 covered project involves the construction or rehabilitation of housing (including reduction of lead-based paint hazards, but excluding routine maintenance, repair or replacement), or other public construction including street repair, sewage line repair or installation, updates to building facades, etc. that are completed with federal assistance (i.e. CDBG, HOME funds, etc.)

Section 3 contracts include professional service contracts provided that the work to be performed is in connection with projects involving housing rehabilitation, housing construction, or other public construction.

With respect to recipients of CDBG and HOME funding, all contractors or subcontractors receiving contracts in excess of $100,000 to complete projects involving housing construction, rehabilitation, or other public construction are required to comply with the requirements of Section 3.

A new hire means a full-time employee for a new permanent, temporary, or seasonal position that is created during the expenditure of Section 3 covered financial assistance.

Goals The minimum numerical goal for employment is that 30 percent of the aggregate number of new hires shall be Section 3 residents annually—i.e., 1 out of 3 new employees needed to complete a Section 3 covered project/activity shall be a Section 3 resident.

The minimum goals for contracting are:

Ten percent of the total dollar amount of all Section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing or building trades work arising in connection with housing rehabilitation, housing construction and other public construction, shall be awarded to Section 3 businesses; and

Three percent of the total dollar amount of all non-construction Section 3 covered contracts, shall be awarded to Section 3 businesses.

The Section 3 Numerical goals are minimum numerical targets that must be reached in order for HUD to consider the City in compliance. The City of Salem is required to make efforts to the greatest extent feasible to achieve the annual numerical goals for employment and contracting. If Salem fails to fully meet the Section 3 numerical goals, we must demonstrate the efforts taken in an attempt to meet the numerical goals.

Section 3 Residents A Section 3 Resident is:

1. A Salem Housing Authority resident; or

2. A Salem resident whose total family income does not exceed 80% of the median income for the area as per the HUD local income limits.

3. A resident of the Boston Metropolitan Statistical Area whose total family income does not exceed 80% of the median income for the area as per the HUD local income limits.

Any person seeking preference in hiring shall demonstrate eligibility for the preference using the Section 3 Resident Certification Form.

Section 3 Business Concerns Section 3 Business Concerns are businesses, located within the Boston Metropolitan Statistical Area that can provide evidence that they meet one of the following:

1. Business is 51% or more owned by Section 3 residents;

2. At least 30% of the business’s permanent, full-time employees are currently Section 3 residents, or within three years of the date of first employment with the firm were Section 3 residents; or

3. Business provides evidence of a commitment to award more than 25% of the dollar amount of all subcontracts to businesses that fall within (1) or (2) above.

Any Business Concern seeking to qualify as a Section 3 Business shall demonstrate eligibility by completing the Section 3 Business Affidavit. A Section 3 business shall show that it has the ability to successfully carry out the terms and conditions of the proposed contract -- which shall include, among other factors, a demonstrated history of compliance with public policy requirements, including Section 3. Businesses may also register on the federal Section 3 Business Registry at https://portalapps.hud.gov/Sec3BusReg/BRegistry/BRegistryHome.

Boston Metropolitan Statistical Area The Boston-Cambridge-Quincy, MA-NH Metropolitan Statistical Area, as defined by the United States Census Bureau, is an area consisting of five counties in Massachusetts and two counties in New Hampshire - Essex County, MA; Middlesex County, MA; Norfolk County, MA; Plymouth County, MA; Suffolk County, MA;

Rockingham County, NH; Strafford County, NH

For more information, please contact:

City of Salem Department of Planning and Community Development 98 Washington St.

Salem, MA 01970 978-619-5685

SECTION 3

CITY OF SALEM RESPONSIBILITIES

Section 3 requirements apply to the entire project or activity regardless if the project is fully or partially funded with covered financial assistance.

Employment

If the City of Salem intends to use its HUD allocation to hire additional staff person(s) to perform work related to housing construction, rehabilitation, or other public construction, then the position(s) is covered by Section 3.

The City of Salem will facilitate the training and employment of Section 3 residents by notifying the Salem Housing Authority and the North Shore Career Center of new employment or training opportunities covered by Section 3 and by posting the position on the City website.

In the case of newly created, full-time jobs for permanent, temporary, and/or seasonal employees, priority consideration for hiring shall be given, where feasible, as follows:

A. Persons in public and assisted housing;

B. Residents residing in Salem or the neighborhood in which the section 3 covered project is located whose household incomes do not exceed 80% of the median income for the area;

C. Participants in HUD Youthbuild programs;

D. Homeless persons residing in the service area or neighborhood in which the section 3 covered project is located;

E. Residents residing in the Boston Metropolitan Statistical Area whose household incomes do not exceed

80% of the median income for the area.

A person seeking the preference in training and employment under Section 3 must complete the Section 3 Resident Certification (located on the City of Salem’s Human Resources webpage). Nothing in this part shall be construed to require the employment of a Section 3 resident who does not meet the qualifications of the position to be filled. Section 3 residents are not guaranteed employment. They must demonstrate that they meet the qualifications for new employment opportunities created in order to receive preference.

Note: If the position is subject to the civil service applicant process to hire new employees, compliance with the requirements of Section 3 may not be feasible.

Contracting

The City of Salem will make efforts, to the greatest extent feasible, to outreach to and target Section 3 Businesses in its procurement with CDBG and/or HOME funds. Legal Notices for Bids and RFPs are placed in the Salem News and on the Commonwealth Procurement Access & Solicitation System. Projects estimated at $10,000 or more are also posted in the Commonwealth of Massachusetts’ Central Register. Bids for procurements of $100,000 or more are also posted on the Commonwealth of Massachusetts Goods & Services Bulletin. All bids and RFPs are listed on the Purchasing webpage on the City of Salem website.

Certified Section 3 businesses can be located through the federal Section 3 Business Registry or from Section 3 Business Affidavits submitted to the City of Salem (the affidavit is available on the City’s website on Purchasing’s webpage). Firms certified will automatically be invited to participate in the procurement process for Section 3 covered construction projects (housing construction, housing rehabilitation or public construction), when applicable to their type of business. Contractors receiving awards for Section 3 construction projects will be provided with the list of certified Section 3 businesses for the purposes of inviting applicable firms for subcontracting opportunities.

Legal Notices

Legal notices for Section 3 covered construction projects shall state, “This project is subject to the requirements of Section 3 of the Housing & Urban Development Act of 1968, as amended, 12 USC 170U and the regulations set forth in 24 CFR 135.” Whenever practicable, copies of the notice will be forwarded to known business organizations.

Quotes (non-RFP and non-Sealed Bid)

Whenever two or more equal quotes are received by qualified businesses, and one is from a Certified Section 3 Business, the Certified Section 3 Business will receive preference in awarding.

RFP’s and Sealed Bid Specifications

For Section 3 covered construction projects, the Section 3 Certification for RFPs & Sealed Bids and the Section 3 Clause shall be included in Requests for Proposals and Sealed Bid Specifications.

Whenever two or more equal sealed bids are received by qualified businesses, and one is from a Certified Section 3 Business, the Certified Section 3 Business will receive preference in awarding. If two or more qualified businesses are deemed Highly Advantageous in the Request for Proposals Process, and one is a Section 3 business concern, but their bid price is slightly higher than a non-Section 3 firm, the City of Salem can give preference to the Section 3 business in an effort to meet its numerical goals annually.

Contracts over $100,000

For Section 3 covered construction projects with contracts $100,000 or more, the Section 3 Clause shall be included in the Contract. Upon notification of award, the DPCD will provide the business receiving the contract with copies of the Section 3 Plan, including all relevant forms. A pre-construction conference to review the requirements of Section 3 and other pertinent information shall be required.

Complaints/Violations

The City of Salem will not continue to award contracts to a particular contractor when the City has knowledge or has received notice that the contractor or the contractor's subcontractor is not in compliance with Section 3.

The City will respond to complaints made by low- and very low-income persons and Section 3 business concerns that a contractor or subcontractor is not in compliance; and the City will cooperate with HUD in obtaining compliance when such allegations are supported by evidence.

Reporting

The Department of Planning & Community Development will submit Section 3 Summary Reports (Form HUD- 60002) to HUD annually at the same time as the CAPER report.

Section 3 Certification for RFPs and Sealed Bids

This project is subject to the requirements of Section 3 of the Housing & Urban Development Act of 1968, as amended, 12 USC 170U and the regulations set forth in 24 CFR 135, which is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, Sate and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low-and very low-income persons.

Section 3 Business Concerns are businesses that can provide evidence that they meet one of the following:

Business is 51% or more owned by Section 3 residents. A Section 3 Resident is 1) a Salem Housing

Authority resident; or 2) a Salem resident whose total family income does not exceed 80% of the median income for the area as per the HUD local income limits; or 3) a resident of the Boston Metropolitan Statistical Area whose total family income does not exceed 80% of the median income for the area as per the HUD local income limits.;

At least 30% of the business’s permanent, full-time employees are currently Section 3 residents, or within three years of the date of first employment with the firm were Section 3 residents; or

Business provides evidence of a commitment to award more than 25% of the dollar amount of all subcontracts to businesses that fall within (1) or (2) above.

Any Business Concern seeking to qualify as a Section 3 Business shall demonstrate eligibility by completing the Section 3 Business Affidavit. A Section 3 business shall show that it has the ability to successfully carry out the terms and conditions of the proposed contract -- which shall include, among other factors, a demonstrated history of compliance with public policy requirements, including Section 3.

Whenever two or more equal sealed bids are received by qualified businesses, and one is from a Certified Section 3 Business, the Certified Section 3 Business will receive preference in awarding. If two or more qualified businesses are deemed Highly Advantageous in the Request for Proposals Process, and one is a Section 3 business concern, but their bid price is slightly higher than a non-Section 3 firm, the City of Salem can give preference to the Section 3 business in an effort to meet its numerical goals annually.

For more information, or to obtain a Section 3 Business Affidavit, please contact:

Jane A. Guy, Assistant Community Development Director City of Salem Department of Planning and Community Development 98 Washington St.

Salem, MA 01970 978-619-5685

For Awarded Contracts of $100,000 or more

A Section 3 covered project involves the construction or rehabilitation of housing (including reduction of lead-based paint hazards), or other public construction including street repair, sewage line repair or installation, updates to building facades, etc. that are completed with federal assistance (i.e. CDBG, HOME funds, etc.)

With respect to recipients of CDBG and HOME funding, all contractors or subcontractors receiving contracts in excess of $100,000 to complete projects involving housing construction, rehabilitation, or other public construction are required to comply with the requirements of Section 3. Section 3 contracts include professional service contracts provided that the work to be performed is in connection with projects involving housing rehabilitation, housing construction, or other public construction.

Goals

The minimum numerical goal for employment is that 30 percent of the aggregate number of new hires shall be Section 3 residents — i.e., 1 out of 3 new employees needed to complete the project/activity shall be a Section 3 resident.

The minimum goals for contracting are:

Ten percent of the total dollar amount of all contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing or building trades work arising in connection with housing rehabilitation, housing construction and other public construction, shall be awarded to Section 3 businesses; and Three percent of the total dollar amount of all non-construction contracts, shall be awarded to Section 3 businesses.

The undersigned certifies under penalties of perjury, notwithstanding any other provision of Law to the contrary, that they will comply with all requirements of Section 3. Prior to the final payment, the Contractor shall provide a written report documenting how they have complied with this requirement.

PROJECT TITLE:

NAME OF BUSINESS:

AUTHORIZED OFFICER (PRINT):

AUTHORIZED OFFICER (SIGNATURE):

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, 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.

G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.

Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

SECTION 3 - CONTRACTOR RESPONSIBILITIES

HUD’s regulations and guidelines can be found at https://www.hud.gov/program_offices/fair_housing_equal_opp/section3/section3

If your contract is $100,000 or more, but your firm has no need for additional employees or trainees, or no need to subcontract for work, then the Section 3 requirements are not triggered.

If the contractor/subcontractor has the need to hire new persons to complete a Section 3 covered contract or needs to subcontract portions of the work to another business, they are required, to the greatest extent feasible, to direct their newly created employment and/or subcontracting opportunities to Section 3 residents and business concerns. Recipient agencies are not required to create jobs or contracts for Section 3 residents and business concerns simply for the sake of creating them. Section 3 requires that when employment or contracting opportunities are generated because a project or activity undertaken by a recipient of covered HUD financial assistance necessitates the employment of additional personnel through individual hiring or the awarding of contracts, the recipient must give preference in hiring to low- and very low- income persons and/or businesses owned by these persons or that substantially employ these persons. The same numerical goals apply to contractors and subcontractors (i.e., 30 percent of new hires, 10 percent of construction contracts, and 3 percent of non-construction contracts). Employment goals are based on “new hires”, which is defined as full-time employees for permanent, temporary or seasonal employment opportunities.

In addition, the contractor/subcontractor must notify the City of Salem about their efforts to comply with Section 3 and submit any required documentation. See Examples of Efforts document.

The City of Salem will not contract with any contractor that has been found in violation of 24 CFR part 135.

Penalties for contractors found in non-compliance include refraining from entering into future contracts.

Employment In accepting a Section 3 covered contract with the City of Salem, 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 visible to both employees and applicants for training and employment positions. 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, the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. It is strongly recommended that job notices be forwarded to the Salem Housing Authority and the North Shore Career Center.

In the case of newly created, full-time jobs for permanent, temporary, and/or seasonal employees, priority consideration for hiring shall be given, where feasible, as follows

Persons in public and assisted housing;

Residents residing in Salem or the neighborhood in which the section 3 covered project is located whose household incomes do not exceed 80% of the median income for the area;

Participants in HUD Youthbuild programs;

Homeless persons residing in the service area or neighborhood in which the section 3 covered project is located;

Residents residing in the Boston Metropolitan Statistical Area whose household incomes do not exceed 80% of the median income for the area.

Contractors are required, to the extent feasible, to direct all employment opportunities to low- and very low-income persons- including seasonal and temporary employment opportunities. A person seeking the preference in training and employment under Section 3 must complete the Section 3 Resident Certification.

Nothing in this part shall be construed to require the employment of a Section 3 resident who does not meet the qualifications of the position to be filled. Section 3 residents are not guaranteed employment. They must demonstrate that they meet the qualifications for new employment opportunities created in order to receive preference.

The contractor may count a Section 3 resident employee for three years to meet the business criterion that at least 30 percent of the permanent, full-time employees are Section 3 residents.

Subcontracting A contractor’s procurement procedures shall include methods to provide preference to businesses located within the Boston Metropolitan Statistical Area that can provide evidence that they meet one of the following:

1. Business is 51% or more owned by Section 3 residents;

2. At least 30% of the business’s permanent, full-time employees are currently Section 3 residents, or within three years of the date of first employment with the firm were Section 3 residents; or

3. Business provides evidence of a commitment to award more than 25% of the dollar amount of all subcontracts to businesses that fall within (1) or (2) above.

Any Business Concern seeking to qualify for Section 3 contracting preference shall demonstrate eligibility for the preference using the Section 3 Business Affidavit. A Section 3 business shall show that it has the ability to successfully carry out the terms and conditions of the proposed contract - which shall include, among other factors, a demonstrated history of compliance with technical and public policy requirements, including Section 3.

If a Section 3 business concern is a responsible bidder, but their bid price is slightly higher than a non-Section 3 firm, the contractor can give preference to the Section 3 business in an effort to meet its numerical goals annually. Section 3 business concerns are not guaranteed contracting opportunities. Preference to a Section 3 business does not mean that the business should be selected if it meets the technical requirements of the bid, regardless of bid price. Contract awards shall only be made to responsible contractors that submit evidence to the satisfaction of the party awarding the contract to demonstrate that they are responsible firms and have the ability to perform successfully under the terms and conditions of the proposed contract. The determination that a prospective contractor is responsible must include consideration of the firm’s compliance with technical and public policy requirements.

The contractor agrees to include the 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.

Subcontractor Requirements For any subcontract $100,000 or over, the subcontractor will be required to follow the same employment requirements as the prime contractor. The subcontractor will submit the Contractor Section 3 Reporting Form (and corresponding documents) to the prime contractor, who will submit a copy to the City of Salem with its monthly/final reports.

EXAMPLES OF EFFORTS TO OFFER TRAINING AND EMPLOYMENT OPPORTUNITIES TO

SECTION 3 RESIDENTS AND BUSINESSES

1. Entering into "first source" hiring agreements with organizations representing Section 3 residents.

2. Sponsoring a HUD-certified "Step-Up" employment and training program for Section 3 residents.

3. Establish training programs, which are consistent with the requirements of the Department of Labor for public and Indian housing residents, and other Section 3 residents in the building trades.

4. Advertising the training and employment positions by distributing flyers (which identify the positions to be filled, the qualifications required, and where to obtain additional information about the applications process) to every occupied dwelling unit in the housing development or developments.

5. Advertising the training and employment positions by posting flyers (which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process) in the common areas or other prominent areas of the housing development or developments.

6. Contacting resident councils, resident management corporations, or other resident organizations, where they exist, in the housing development or developments and community organizations in HUD-assisted neighborhoods, to request the assistance of these organizations in notifying residents of the training and employment positions to be filled.

7. Sponsoring (scheduling, advertising, financing or providing in-kind services) a job informational meeting to be conducted by a housing authority or contractor representative or representatives at a location in the housing development.

8. Arranging assistance in conducting job interviews and completing job applications for residents of the housing developments or developments and in the neighborhood or service are in which a Section 3 project is located.

9. Arranging for a location in the housing development or developments where category 1 persons reside, or the neighborhood or service area of the project where job applications may be delivered to and collected by a recipient or contractor representative or representatives.

10. Contracting agencies administering HUD Youthbuild programs, and requesting their assistance in recruiting HUD Youthbuild programs participating for the Housing Authorities or contractor's training and employment positions.

11. Consulting with State and local agencies administering training programs funded through JTPA or JOBS, probation and parole agencies, unemployment compensation programs, community organizations and other officials or organizations to assist with recruiting Section 3 residents for the Housing Authorities or contractor's and employment positions.

12. Advertising the jobs to be filled through the local media, such as community television networks, newspapers of general circulation, and radio advertising.

13. Employing a job coordinator, or contracting with a business concern that is licensed in the field of job placement (preferably one of the Section 3 business concerns identified in part 135) that will undertake, on behalf of the Housing Authorities, other recipients or contractor, the efforts to match eligible and qualified

Section 3 residents with the training and employment positions that the Housing Authorities or contractor intends to fill.

14. For a Housing Authority, employment of Section 3 residents directly on either a permanent or a temporary basis to perform work generated by Section 3 assistance. (This type of employment is referred to as "force account labor" in HUD's Indian housing regulations. See 24 CFR 905.102, and 905.201(a) (6).)

15. Where there are more qualified Section 3 residents than there are positions to be filled, maintaining a file of eligible qualified Section 3 residents for future employment positions.

16. Undertaking job counseling, education and related programs in association with local educational institutions.

17. Undertaking such continued job training efforts as may be necessary to ensure the continued employment of Section 3 residents previously hired for employment opportunities.

18. After selection of bidders but prior to contract execution, incorporating into the contract a negotiated provision for a specific number of public housing or other Section 3 residents to be trained or employed on the Section 3 covered assistance.

19. Coordinating plans and implementation of economic development (e.g. job training and preparation, business development assistance for residents) with the planning for housing and community development.

CONTRACTOR SECTION 3 REPORTING FORM

This form is for contracts/subcontracts of $100,000 or more relating to a housing construction, housing rehabilitation or other public construction project.

Indicate if this report is: Monthly (with billing) – Pay period:

Final (with final billing) – Pay period:

Project Name:

Prime Contractor Name:

Address:

Contractor ID (9 digits): MBE? Yes No WBE? Yes No

Subcontracting

Construction contracts:

How many subcontracts were awarded?

What is the total dollar amount of all contracts awarded?

What is the total dollar amount of contracts awarded to Section 3 businesses?

Non-Construction contracts:

How many non-construction subcontracts were awarded?

What is the total dollar amount of contracts awarded?

What is the total dollar amount of contracts awarded to Section 3 businesses?

All subcontracts must include the Section 3 clause. Please provide copies of all subcontracts.

Please provide a list of all subcontractors using this format:

Subcontractor Name:

Address:

Contractor ID (9 digits): MBE? Yes No WBE? Yes No

Amount of subcontract: $ Certified Section 3 Business? Yes No

Please indicate efforts undertaken to hire Section 3 Businesses (check all that apply and attach copies, if any):

Included the Section 3 clause in all sealed bids, requests for proposals and/or other bidding documents Posted a notice on the firm’s website Forwarded notice(s) to known Section 3 businesses:

Forwarded notice(s) to business organizations:

Other:

Please continue to Employment reporting section (2 pages)

CONTRACTOR/SUBCONTRACTOR EMPLOYMENT REPORT

All prime contractor and subcontractors with $100,000+ contracts must complete.

Contractor/Subcontractor Name:

Please check all that apply:

I have not hired any new employees during the pay period/month specified.

I have taken one or more of the following recruitment steps to hire a Section 3 resident:

Advertised to fill vacancy(ies) with flyers, signs or posters identifying number and title of position(s) to be filled, availability of apprenticeship and training positions, the qualifications required, the priority for hiring Section 3 residents and the name and location of the person(s) taking applications for each of the positions and the anticipated date the work shall begin (copies/photo required):

At the project site At the Salem Housing Authority main office common area With the North Shore Career Center At agency locations that serve low/mod residents (provide list)

Contacted an agency(s) administering HUD Youthbuild programs, and requested assistance in recruiting HUD Youthbuild program participants for training and employment positions. Contact name/phone:

Advertised through local newspapers, identifying the number and title of position(s) to be filled, availability of apprenticeship and training positions, the qualifications required, the priority for hiring Section 3 residents and the name and location of the person(s) taking applications for each of the positions and the anticipated date the work shall begin. (copy required)

Recruited low-income residents through other local advertising media, contacts with community organizations and public/private agencies operating within the City of Salem or similar methods.

Explain or attach documentation:

Employed a job coordinator, or contracted with a business concern that is licensed in the field of job placement (preferably a section 3 business concerns itself), that will undertake, on behalf of contractor, the efforts to match eligible and qualified section 3 residents with the training and employment positions that the contractor intends to fill.

Contact name/phone:

Participated/sponsored a HUD program or other program which promotes the training or employment of Section 3 residents (provide documentation)

Established a training program, which is consistent with the requirements of the Department of Labor for public and Indian housing residents, and other Section 3 residents in the building trades. (provide documentation)

Sponsored a job informational meeting at the Salem Housing Authority or at the project site or at a site convenient to low income neighborhood residents. When/where held and how advertised?

Sent a notice about Section 3 training and employment requirements and opportunities to labor organizations or to worker representatives with whom the firm has a collective bargaining or other agreement (provide contact information and copies of notice)

Kept a log of all applicants and indicated the reasons why Section 3 residents who applied were not hired & retained copies of any employment applications completed by public housing Section 8 certificate or voucher holders or other Section 3 residents. Copy required.

Other efforts:

Date of Contract with the City of Salem: Number of existing employees as of the date of contract with the City of Salem: Please document any new or returning hires from the date of the contract thru the duration of the contracted project.

I have hired _____ Section 3 employees and/or ______non-Section 3 employees during the pay period shown here. Please fill out the chart below:

Job Category Number of New Hires

Number of new Hires that are Sec. 3 Residents

% of Section 3 New Hires

% of Total Staff Hours for Section 3 Employees

Number of Section 3 Trainees

Professionals Technicians Office/Clerical Officials/Managers Sales Craft Workers (skilled) Operatives (semiskilled) Laborers (unskilled) Service Workers Other (List)

TOTAL

In signing this form, I certify that all of the information provided on this report is true and correct.

Firm Name

Print Authorized Name Title

Authorized Signature Date

SECTION 3 RESIDENT CERTIFICATION

A Section 3 resident seeking the preference in training and employment as defined in the Section 3 regulation at 24 CFR Part 135, shall certify to the subrecipient, contractor or subcontractor that they meet the criteria of a Section 3 resident.

1. Please check your household size (the number of family and non-family members living in your household) and then circle the corresponding annual household income level (figures will be updated each fiscal year) As of 6/28/19:

Household Size:

Check one below

Next to the household size you checked, circle the TOTAL household income for all family and non-family members 18+

Very Low & Low & Moderate Income

(0% - 80%) Other

(81% or more) 1 $0-$62,450 $62,451+

2 $0-$71,400 $71,401+

3 $0-$80,300 $80,301+

4 $0-$89,200 $89,201+

5 $0-$96,350 $96,351+

6 $0-$103,500 $103,501+

7 $0-$110,650 $110,651+

8 $0-$117,750 $117,751+

2. Do you currently reside in public housing provided by the Salem Housing Authority?

No Yes (Attach copy of lease, or other evidence of public assistance)

3. Name and address of your current employer

4. Position: ___________________________________ Date of Hire _______________

In signing this form, I certify that all of the information provided is true and correct to the best of my knowledge and belief and that no information has been excluded, which might reasonably affect a judgment regarding eligibility. I authorize the City of Salem to obtain verification from any source I provide.

Signature: Date:

Print Name: Phone:

Permanent Address:

Project Name: ______________________________________________________

Contractor/Subcontractor Name:

SECTION 3 RESIDENT CERTIFICATION FORM (cont.)

In order to demonstrate that you meet the income requirements to qualify as a Section 3 resident, please attach the following documentation, as applicable:

Proof of residency in a public housing development

A copy of your Section 8 voucher certificate or voucher

Evidence of your eligibility or participation in a federally-assisted program for low- and very low-income persons (e.g. Job Corps, etc.)

Evidence of your eligibility or participation in a State or Local Assistance Program for low- or very low-income persons

Income tax records

Other ________________________________________________________________-

For Community Development Office Use Only

Based on the documentation provided, the resident above has been verified a Section 3 Resident: ____ Yes _____No

By: _____________________

For Community Development Office Use Only Based on the documentation provided, this business has been verified a Section 3 Business located within the BMSA:

____ Yes _____No

By: _____________________ Date: ______________________

SECTION 3 BUSINESS AFFIDAVIT

1 . Company Name: ________________________________________________________

2 . Address: _______________________________________________________________

3 . Business Structure: corporation partnership sole proprietorship joint venture

4. Type of business (i.e. house painting, accounting):

TYPE OF SECTION 3 BUSINESS CONCERN Yes No

1. Is the Company a Section 3 Business Concern as defined below?

a. Business is 51%or more owned by Section 3 residents*; or

b. At least 30% of the business’s permanent, full-time employees are currently Section 3 residents, or within 3 years of the date of first employment with the firm were Section 3 residents; or

c. Business provides evidence of a commitment to award more than 25% of the dollar amount of all subcontracts to businesses that fall within

(a) or (b) above (provide list of subcontracted Section 3 businesses and subcontract amount):

2. Has the Company been selected to carry out any HUD YouthBuild Program?

*A Section 3 Resident is 1) a Salem Housing Authority resident; or 2) a Salem resident whose total family income does not exceed 80% of the median income for the area as per the HUD local income limits; or 3) a resident of the Boston Metropolitan Statistical Area whose total family income does not exceed 80% of the median income for the area as per the HUD local income limits.

VERIFICATION

Please attach the company’s current payroll registry highlighting the staff meeting the Section 3 requirements.

In addition, each potential Section 3 staff member must complete and submit the Section 3 Resident Certification. The Company hereby agrees to provide, upon request, any additional documents needed to verify the information provided above. Section 3 Business Certifications are valid for one year.

Under penalty of perjury, I certify that I am the ________________________________ (Title) of the Company, that I am authorized by the Company to execute this affidavit on its behalf, that I have personal knowledge of the certification made in this affidavit and that the same are true.

Name:

(Printed) (Signature)

COMMONWEALTH OF MASSACHUSETTS

Essex, ss.

On this day of , 20__ before me, the undersigned Notary Public, personally appeared , proved to me through satisfactory evidence of identification, which was (a current driver’s license)(a current U.S. passport)(my personal knowledge of the identity of the principal), to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purposes.

Notary Public My Commission Expires Submit to the DPCD, 98 Washington St., Salem, MA 01970

City of Salem, MA Specifications ATTACHMENT B Bobrek Engineering & Construction WAGE RATES

ATTACHMENT B-1

DAVIS BACON WAGE RATES

"General Decision Number: MA20210018 01/01/2021

Superseded General Decision Number: MA20200018

State: Massachusetts

Construction Type: Highway

County: Essex County in Massachusetts.

HIGHWAY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021.