IFQ 25-017 On-Call Electrical.pdf

Established in 1938, the Housing Authority of the City and County of Denver (DHA) is one of the nation’s most successful authorities, providing housing to low-and middle-income Denver residents.

To further it's goals, DHA is issuing an Invitation for Quote for On Call Electrical Services as listed in the scope of work. The award will be made to the most responsive, responsible offeror who submits the most technically acceptable proposal and meets the overall criteria.

Quote Number: 25-017 Direct Questions to : Site Walk:

Issue Date: Name Site Walk: No Due Date: Date: January 0, 1900 Due Time: 4:00 PM MST e-mail: Time: Select One

Address:

Due: Mountain Standard Time Time:

Scope Of Work:

Contractor shall furnish all facilities, labor, materials, equipment and perform all services per the attached scope-of-work.

Proposal Instructions:

This is not a low bid procurement, award will be based on the evaluation factors listed below. Firms are to submit a detailed proposal addressing each of the evaluation factors, complete the vendor information below, fill out all attached DHA forms and submit the information on or before

Evaluation Factors:

Points

Special Requirements:

List of Attachments: Vendor Information:

Please fill out the following and return with your quote

Firm Name

Title Phone Email

Signature Date

Award (For DHA Use Only)

Name Title

Signature Date

Effective Date Contract Number Contract Amount End Date https://www.bidnetdirect.com/colorado/denverhousingauthority

Cost of Services Experience of Firm

Scope of Work

Business Status Affidavit

Fee Schedule

Contract Requirements Section 3 Policy Vendor Qualification Form & W9 Worker Status Affidavit

Experience of Supervisory Staff Capacity to Complete Work as Necessary

Doing Business with DHA: In order to receive notice of future business opportunities of upcoming solicitations from DHA, please register your company on Rocky Mountain E-Purchasing (BidNet) by going to:

Invitation for Quote

4:00 PM Mountain Standard Time

Factors

September 19, 2025

September 12, 2025 September 26, 2025

Sarah VanDermyden

DHA will not answer any telephone inquiries about this IFQ. All inquiries must be submitted in writing. DHA shall not be bound by and the Offeror shall not request or rely on any oral interpretation or clarification of this solicitation. Answers to questions will be issued by September 24th, 2025.

Submission Instructions In Quote Document

4:00PM MST

procurement@denverhousing.org

September 26, 2025 https://www.bidnetdirect.com/colorado/denverhousingauthority https://www.bidnetdirect.com/colorado/denverhousingauthority https://www.bidnetdirect.com/colorado/denverhousingauthority https://www.bidnetdirect.com/colorado/denverhousingauthority https://www.bidnetdirect.com/colorado/denverhousingauthority https://www.bidnetdirect.com/colorado/denverhousingauthority https://www.bidnetdirect.com/colorado/denverhousingauthority https://www.bidnetdirect.com/colorado/denverhousingauthority https://www.bidnetdirect.com/colorado/denverhousingauthority https://www.bidnetdirect.com/colorado/denverhousingauthority https://www.bidnetdirect.com/colorado/denverhousingauthority https://www.bidnetdirect.com/colorado/denverhousingauthority https://www.bidnetdirect.com/colorado/denverhousingauthority

FEE SCHEDULE

BASE YEAR

Contractor shall furnish all facilities, labor, materials, equipment, and perform all work as specified on the fee schedule and specifications. As total compensation for the services provided under this contract, the Contractor shall be compensated at the following fixed hourly reduced government rates.

Item Description Unit Pricing Service Charges – Mobilization Fee

1 Business Hours Service Charge: Mon – Fri 8am – 5pm $_______ Each

3 After DHA Business Hours, Weekends and National Holidays $_______ Each

Labor Rates 4 Electrician

X $______hr.

5 Electrician Apprentice / Technician X $______hr.

6 Laborer X $______hr.

7 Electrician After DHA Business Hours X $______hr.

8 Electrician Apprentice / Technician After DHA Business Hours X $______hr.

9 Laborer After DHA Business Hours X $______hr.

Additional Charges

10 Percentage Mark-Up on Material X 1.______%

11 Aerial Truck, Boom Lift, and Operator X $______ Day.

12 Professional Services Plan Review, Specification Creation, Cost Estimating, Fees / Permits, Code Review…

X 1.______ %

In addition to above pricing, a prompt payment discount of _________% ____________ days, or net 30 days is submitted. The Authority will not pay retainers, finance charges for late payments or pre-payments for work that has not occurred.

OPTION YEAR ONE

Contractor shall furnish all facilities, labor, materials, equipment, and perform all work as specified on the fee schedule and specifications. As total compensation for the services provided under this contract, the Contractor shall be compensated at the following fixed hourly reduced government rates.

Item Description Unit Pricing Service Charges – Mobilization Fee

1 Business Hours Service Charge: Mon – Fri 8am – 5pm $_______ Each

3 After DHA Business Hours, Weekends and National Holidays $_______ Each

Labor Rates 4 Electrician

X $______hr.

5 Electrician Apprentice / Technician X $______hr.

6 Laborer X $______hr.

7 Electrician After DHA Business Hours X $______hr.

8 Electrician Apprentice / Technician After DHA Business Hours X $______hr.

9 Laborer After DHA Business Hours X $______hr.

Additional Charges

10 Percentage Mark-Up on Material X 1.______%

11 Aerial Truck, Boom Lift, and Operator X $______ Day.

12 Professional Services Plan Review, Specification Creation, Cost Estimating, Fees / Permits, Code Review…

X 1.______ %

In addition to above pricing, a prompt payment discount of _________% ____________ days, or net 30 days is submitted. The Authority will not pay retainers, finance charges for late payments or pre-payments

OPTION YEAR TWO

Contractor shall furnish all facilities, labor, materials, equipment, and perform all work as specified on the fee schedule and specifications. As total compensation for the services provided under this contract, the Contractor shall be compensated at the following fixed hourly reduced government rates.

Item Description Unit Pricing Service Charges – Mobilization Fee

1 Business Hours Service Charge: Mon – Fri 8am – 5pm $_______ Each

3 After DHA Business Hours, Weekends and National Holidays $_______ Each

Labor Rates 4 Electrician

X $______hr.

5 Electrician Apprentice / Technician X $______hr.

6 Laborer X $______hr.

7 Electrician After DHA Business Hours X $______hr.

8 Electrician Apprentice / Technician After DHA Business Hours X $______hr.

9 Laborer After DHA Business Hours X $______hr.

Additional Charges

10 Percentage Mark-Up on Material X 1.______%

11 Aerial Truck, Boom Lift, and Operator X $______ Day.

12 Professional Services Plan Review, Specification Creation, Cost Estimating, Fees / Permits, Code Review…

X 1.______ %

In addition to above pricing, a prompt payment discount of _________% ____________ days, or net 30 days is submitted. The Authority will not pay retainers, finance charges for late payments or pre-payments

I. GENERAL INFORMATION

The Denver Housing Authority (DHA) is a quasi-municipal corporation that provides affordable housing to more than 26,000 very low-, low-, and middle-income individuals. DHA is soliciting for On Call Electrical Services for residential and commercial properties at DHA properties.

II. PURPOSE

The intent of this solicitation is to establish an On-Call contract with the most qualified Electrical Contractor(s) for services with whom DHA may assign work on a project-by-project basis.

III. SCOPE OF WORK

a. Contractor shall furnish all facilities, labor, materials, equipment, and perform all services as stated below:

1. ELECTRICAL SERVICES

Contractor shall provide, labor, materials and equipment required to complete all electrical projects requested by DHA. Projects shall include, but not limited to emergency repairs, routine maintenance and new installation of electrical wiring and related equipment. Possible projects include, but not limited to power distribution, interior and exterior lighting, conduit panels, and equipment connections. Contractor will be on call on a 24-hour basis for any emergency that may occur. Response time to emergencies shall be 2 hours, and routine request shall be 24 hours.

2. LICENSES, FEES, AND PERMITS

The Contractor shall maintain a valid Master Electrician’s License through the State of Colorado.

All required permits, plan reviews and inspections shall be obtained by the Contractor. The Owner is responsible for paying the permit fees where applicable. The Contractor shall cooperate fully with local utility companies with respect to their services.

3. CODES, REGULATIONS, AND STANDARDS

a. The electrical installation shall be in compliance with the requirements of the latest editions of the National Electrical Code, International Building Code, and the NFPA codes and standards. The electrical installation shall be in compliance with the rules, regulations, and requirements of the power company supplying power to the building.

b. The electrical installation and the Contractor shall comply fully with all applicable federal, city, county, and state laws, ordinances, and regulations applicable to electrical installations.

c. If there is a conflict between codes and these specifications, the most stringent requirements shall apply.

4. WARRANTY

All electrical work and all items of equipment and materials shall be guaranteed for a period of one year from the date of final inspections and acceptance of the work. The Contractor shall be notified in writing of any defective items and shall repair or replace such items promptly without cost to the Owner.

5. SAFETY

The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The requirement will apply continuously and not be limited to normal working hours.

6. MATERIAL STANDARDS

a. The design, manufacture, and testing of all electrical equipment and materials shall conform to or exceed the latest applicable standard of NEMA, IEEE, and ANSI.

b. All materials, unless otherwise noted, shall be new. All materials shall bear the UL label. Materials that are not covered by UL testing standards shall be tested and approved by an independent testing laboratory or a governmental agency, that laboratory shall be acceptable to the Owner and code enforcing authority. The vendor shall ensure there are no conflicts of interest between the independent testing laboratory and the vendor.

7. TEMPORARY POWER

The Contractor shall make necessary arrangements for and provide, maintain (and remove after construction) a complete temporary power and lighting system to allow work to progress in all phases of construction.

8. DELIVERY AND STORAGE

The Contractor shall make provisions for delivery and safe storage of materials. The Contractor shall arrange to have materials delivered to the job at such stages of the work as will expedite the work as a whole. The Contractor shall protect equipment from weather and dampness.

9. CONTRACTORS QUALIFICATIONS

Contractor must be licensed by the State of Colorado to perform work in the City and County of Denver.

10. COORDINATION

a. Coordinate work with other trades to avoid conflict and to provide correct rough-in and connection for equipment furnished under trades that require electrical connections. Inform Contractors of other trades of the required access to and clearances around electrical equipment to maintain serviceability and code compliance.

b. Verify equipment dimensions and requirements with provisions of this specification. Check actual job conditions before fabricating work. Report necessary changes in time to prevent needless work. Changes or additions subject to additional compensation, which are made without written authorization by the Owner and an agreed price, shall be at the Contractor’s risk and expense.

11. QUALITY ASSURANCE

a. Provide a meaningful quality assurance program. To assist the Contractor in this program, the specifications contained herein are set forth as the minimum acceptable requirements.

This does not relieve the Contractor from executing other quality assurance measures to obtain a complete operating facility within the scope of the project.

b. The Contractor shall ensure that all work, all materials employed, all required equipment, and the manner and method of installation conform to accepted construction and engineering practices, and that each piece of equipment is in satisfactory working condition to satisfactorily perform its functional operation.

12. ACCEPTANCE DEMONSTRATION

At completion of each project, at such time as designated by Owner, Contractor shall instruct Owner as to location and operation of distribution equipment and panel boards, areas that panels serve, and locations and routing of blank circuits to major mechanical equipment items.

Contractor shall also provide demonstration of operation to Owner of all special systems, including items installed by Contractor or under Contractor’s supervision. Submit sets of Operating and Maintenance Manuals for equipment installed.

13. ADDITIONAL SUBCONTACTING

If any subcontract work is required in the performance of this contract, the Contractor shall submit a request with a job proposal. Contractor will not contract out their area of responsibility.

14. LABOR RATES

The labor rates shall include all overhead, general and administrative cost, and profit, as per the fee schedule.

15. MATERIAL COSTS

Material shall be marked up at the percentage rate provided by the Contractor in the fee schedule.

The Contractor must provide a copy of material invoice (s) as requested by the Owner for verification of material cost.

16. WORK ORDERS

All service calls under this contract will be ordered by the individual developments and will be invoiced under an open purchase order, which will be issued at the onset of the contract. This open purchase order will close at the end of the calendar year and a new purchase order will be issued.

17. WORK CATEGORIES

a. Routine Service Calls

These projects consist of, but are not limited to wiring devices, equipment connections hookups, conduit power or other minor electrical projects involving sixteen (16) or less hours of work.

The Contractor shall begin work within twenty four (24) hours of receipt of the request for service.

b. Emergency Service Calls

Defined as DHA issues related to life and safety concerns, i.e.: loss of power to units or buildings, electrical arc events, shorted lines, bare wiring, etc. These projects consist of emergency electrical requirements. The Contractor shall perform within four (2) hours of receipt of a service call from a DHA Maintenance Supervisor, Manager, or DHA Electrician. This work will be invoiced under the open purchase order issued to the contractor.

18. HUD MAINTENANCE WAGE RATE

The vendors shall provide on-call electrical services and repairs for residential and commercial DHA properties as listed in Fee Schedule. Work may be at various locations of the Housing Authority within the City and County of Denver.

The Electrician and Skilled Laborer are required to be paid a minimum wage rate as determined by HUD.

Electrician - $22.72 per hour Skilled Laborer - $14.85per hour

The minimum hourly wage rate paid to the employee for option years are subject to modifications based upon the annually approved HUD-determined wage rates. For each option year the wage rates are required to be modified to meet the minimum required rate as determined by HUD. The mark-up established at the time the contract is initially awarded will be applied to the new employee wage rate to establish the rate charged to DHA.

I. CONTRACT REQUIREMENTS

a. Type of Contract

i. The Housing Authority will award a time and materials contract as a result of this solicitation.

ii. Time and Materials

1. This is a time and materials contract for the supplies or services specified in the Scope of Work and effective for the period stated in the Contract Term. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

2. Delivery or performance shall be made only as authorized by orders issued in accordance with the contract. The Contractor shall furnish to the DHA, when and if ordered, the supplies or services specified in the Fee Schedule up to and including the quantity designated as the “maximum”.

3. Except for any limitations on quantities in the Fee Schedule, there is no limit on the number of orders that may be issued. The DHA may issue orders requiring delivery to multiple destinations of performance at multiple locations.

4. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The Contract shall govern to Contractor’s and the DHA’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period.

5. Maximum Order Quantity

Maximum Order Quantity $244,320.00 per total duration

b. Payments

i. The Authority will not pay retainers, finance charges for late payments or pre-payments for work that has not occurred.

c. Contract Term

i. The Authority reserves the right to extend the term of this contract for the period specified in Section I, Contract Requirements, Paragraph d, "Option to Extend the Term of the Contract".

d. Option to Extend the Term of the Contract

i. The Authority may extend the term of this contract, in one (1) year increments, by notice to the Contractor by the expiration date of the contract or within 30 days after funds are made available for exercising the option, whichever is later.

ii. If the Authority exercises this option, the extended contract shall be considered to include this option provision.

iii. The total duration of this contract, including the exercise of any option under this clause, shall not exceed 3 years.

e. Contract Administration

i. Housing Management is designated as the office responsible for inspecting the work while the Contracting Officer is responsible for final acceptance of the work.

f. 2 CFR 200.327 Contract Provisions

i. The contract provisions required by 2 CFR 200.327 are hereby incorporated by reference.

g. HUD Maintenance Wage Rates

The contractor shall provide On-Call Electrical services as listed in Fee Schedule and Scope of Work. Work may be at various locations of the Housing Authority within the City and County of Denver. By submitting a proposal, the vendor hereby certifies that it will comply with the HUD maintenance wage rates that are assigned to each task order and all federal labor standards reporting requirements as described in the HUD 5370 C Section I and/or HUD 5370 C Section II referenced with the award of the task order.

For the initial year of the contract, the following wage rates for the (Electrician and Skilled Laborer) are required to be paid a minimum wage rate as determined by

HUD.

Electrician - $22.72 per hour Skilled Laborer - $14.85per hour

The minimum hourly wage rate paid to the employee for option years are subject to modifications based upon the annually approved HUD-determined wage rates. For each option year the wage rates are required to be modified to meet the minimum required rate as determined by HUD. Please note that some of the above rates may be affected by the City and County of Denver’s minimum wage requirements that are revised annually effective January 1st of each year.

Note: If the Contractor has other job classifications that they will use as a part of this contract, please submit the information with your proposal and include your proposed wage rates. Any additional rates will be subject to review and approval by Housing and Urban Development (HUD).

Applicable General Conditions: HUD Form 5370 C Section I and II as defined in the task order.

g. Contract General Conditions

i. Please visit the below link for general conditions for this solicitation.

1. HUD 5370 C Section II

h. Insurance Requirements

i. Before commencing work, the Contractor shall furnish the Authority with certificates of insurance showing that the following insurance is in force and will insure all operations under the Contract:

1. Worker’s Compensation:

a. Worker's Compensation, in accordance with the State of Colorado

Worker's Compensation Laws. The policy or policies shall name the Authority as a certificate holder.

b. Sole Proprietor’s and Contractor’s that do not have any employees that are exempt from workers compensation will be required to submit an Independent Contractors Form to the Authority.

2. Commercial General Liability:

a. Commercial General Liability of not less than $2,000,000 per occurrence limit and $2,000,000 general aggregate limit to protect the Contractor and each subcontractor against claims for bodily injury or death and damage to the property of others. This shall cover the use of all equipment, hoists, and vehicles on the site(s) not covered by Automobile Liability under (c) below. If the Contractor has a "claims made" policy, then the following additional requirements apply: the policy must provide a "retroactive date" which must be on or before the execution date of the Contract; and the extended reporting period may not be less than five years following the completion date of the Contract.

Maximum deductible is $10,000 and the deductible should be issued on a per occurrence basis in lieu of a per claim basis. The amounts of such insurance required hereunder shall be subject to adjustment from time to time as requested by the Authority based upon the Authority’s determination as to the amount of such insurance generally required at such time.

b. As an alternative, the Contractor may provide Commercial General Liability in the amount of $1,000,000 per occurrence and $2,000,000 general aggregate and $1,000,000 under an Umbrella/Excess Liability policy.

c. The policy or policies shall name the Authority as an additional insured.

3. Automobile Liability:

a. Automobile Liability on owned and non-owned motor vehicles used on the site(s) or in connection therewith of not less than $1,000,000 per occurrence limit. Such insurance shall cover all work of the Contractor and shall be issued by an insurer acceptable to the Authority.

b. The policy or policies shall name the Authority as a certificate holder.

4. Professional Liability:

a. Professional Liability insurance coverage is only applicable to professional services such as lawyers, consultants, accountants, auditors or architects and engineers and shall consist of not less than $2,000,000.00 per occurrence and $2,000,000 in the aggregate. The lawyers, accountants, auditors or architects and engineers and their sub-contractors shall confirm that the professional liability policy includes errors and omissions insurance to insure the adequate performance of all professional activities. The professional errors and omissions insurance coverage specified herein may be structured to provide coverage on a "claims made" basis or on an "occurrence" basis; provided, however, that the Contractor shall be required to maintain and keep in effect said professional errors and omissions insurance coverage for the period set out in Colorado law as amended. Maximum deductible is $10,000 and the deductible should be issued on a per occurrence basis in lieu of a per claim basis. The amounts of such insurance shall be subject to adjustment from time to time as requested by the Authority based upon the Authority’s determination as to the amounts of such insurance generally required at such time for such activities or services.

b. The policy or policies shall name the Authority as a certificate holder.

5. Builder's Risk Insurance:

a. Builder's Risk Insurance is only applicable to Construction

Contractors for scope of work in excess of the small purchase threshold currently set at $250,000. The contractor will carry the builders risk for the specific project and scope of work as required under Article 36(b) of the General Conditions. The deductible limit of such insurance up to $1,000 per claim shall be the responsibility of the Contractor if the claim arises out of default or neglect of Contractor, its subcontracts or any other party for whose act it is responsible; otherwise, the deductible limit of such insurance shall be the responsibility of the Authority.

b. The policy or policies shall name the Authority as an additional insured.

6. Policies and Evidence of Coverage:

a. All policies shall be issued by carriers having ratings of Best’s

Insurance Guide A- and VIII, or better, and admitted to engage in the business of insurance in Colorado. All policies must be endorsed to be primary and noncontributing with the policies of the Authority being excess, secondary and non-contributing. Any policy or endorsement form must be approved in advance by the Authority. No policy will be canceled, non-renewed or materially modified without thirty (30) days prior written notice by insurance carrier to the Authority. Contractor must immediately notify the Authority, in writing, if any aggregate limit is reduced below seventy-five percent (75%) of the limit required by this subparagraph because of losses paid. No policy will contain a deductible or self-insured retention in excess of the amounts listed under each coverage, without the prior written approval of the Authority. If the forms of policies, endorsements, certificates, or evidence of insurance required by these provisions are superseded or discontinued, the Authority shall have the right to require other equivalent or better forms.

b. Each such policy shall contain a valid provision of endorsement stating, “This policy will not be cancelled without first giving thirty

(30) days written notice thereof to the Authority’s Procurement Manager, PO Box 40305, Denver, Colorado 80204, sent by certified mail, return receipt requested.”

c. Evidence of the insurance coverage required to be maintained by Contractor under this section, represented by certificates of insurance issued by the insurance carrier, must be furnished to the Authority prior to Contractor receiving payment for any services, and at least thirty (30) days prior to the expiration of current policies. Copies of all endorsements required must accompany the certificates delivered to the Authority and name the Authority as the certificate holder. The certificates will state the amounts of all deductibles and self-insured retentions and that the Authority will be notified in writing thirty (30) days prior to cancellation, material change, or non-renewal of insurance. Proof of insurance shall be provided to the Authority upon execution of this Contract. If requested, Contractor shall provide the Authority copies of such policy. Any payment due under this Contract shall be withheld until Contractor has provided such proof of insurance.

d. The Contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on the Authority's property and shall require subcontractors to provide and maintain the insurance required in the schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

7. Minimum Requirements:

a. Insurance coverage specified herein constitutes the minimum requirements, and said requirements shall in no way lessen or limit the liability of Contractor under the terms of the Contract.

Contractor shall procure and maintain, at its own expense and cost, any additional kinds and amounts of insurance that, in its judgment, may be necessary for its proper protection in the prosecution of the services hereunder.

i. INDEMNIFICATION

i. To the fullest extent permitted by law, Contractor and all of its officers, directors, employees, contractors, agents, successors and assigns, jointly and severally, agree and hereby shall release, indemnify, protect, hold harmless and defend the Authority, its commissioners, officers, employees, servants and agents from and against any and all claims, demands, suits, liabilities, damages, penalties, fines, judgments, obligations, causes of action, charges, administrative or judicial proceedings and orders, remedial action requirements, enforcement actions of any kind, and all costs and expenses incurred in connection therewith (including, but not limited to, attorneys’ fees and expenses),resulting from, whether foreseeable or unforeseeable, arising directly or indirectly, in whole or in part, out of, or in any way related to or connected with any of the following: the performance of services pursuant to this Contract including but not limited to worker’s compensation claims of or by anyone, in any way and any personal injury (including but not limited to wrongful death) or property damage (real or personal) arising out of, or in any way related resulting from, or arising out of, directly or indirectly, the performance of services pursuant to this Contract by Contractor or any of its employees, contractors, agents, invitee, successors or assigns; provided, however, the Contractor shall not be required to defend, indemnify and save harmless the Authority, its commissioners, officers, employees, servants and agents from claims, suits or expenses, including worker's compensation claims resulting from the sole negligence or fault of the Authority, its commissioners, officers, employees, servants or agents. Insurance coverage specified herein constitutes the minimum requirements, and said requirements shall in no way lessen or limit the liability of Contractor under the terms of the contract. Contractor shall procure and maintain, at its own expense and cost, any additional kinds and amounts of insurance that, in its judgment, may be necessary for its proper protection in the prosecution of the services hereunder.

ii. Contractor and all of its officers, directors, employees, contractors, agents, successors and assigns, jointly and severally, agree and hereby shall release, indemnify, protect, hold harmless and defend the Authority, its commissioners, officers, employees, servants, and agents from and against any and all claims, demands, damages, suits, costs, expenses, liabilities, penalties, fines, judgments, obligations, causes of action, charges, administrative or judicial proceedings and orders, remedial action requirements, enforcement actions or proceedings of any kind or nature whatsoever, including but not limited to worker's compensation claims of or by anyone, in any way, resulting from, or arising out of, directly or indirectly, the performance of services pursuant to this Contract.

iii. The Authority shall notify the Contractor of the existence of any claim, demand, or other matter to which the Contractor’s indemnification obligations would apply. The Authority shall select counsel to represent the Authority, whose selection shall be approved by the Contractor. Such approval shall not be unreasonably withheld. The Contractor shall pay all reasonable attorney’s fees of the Authority’s counsel, relating to defense of the action. If the Contractor shall fail to pay the attorney’s fees and costs of the Authority’s defense, within a reasonable time after notice, the Authority shall undertake its defense and the Contractor shall pay all attorney’s fees and costs expended in the Authority’s defense of itself including, but not limited to, all attorney’s fees and costs associated with the Authority’s enforcement of the indemnification and/or duty to defend provisions set forth herein.

iv. The obligations to indemnify and to defend the Authority shall survive expiration or earlier termination of this Contract.

v. The Authority by this Contract does not agree to release, indemnify, protect, hold harmless, exonerate, defend, or assume the defense of Contractor or any other persons or entity whatsoever, for any purpose whatsoever.

j. SECTION 3 COMPLIANCE

i. 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.

ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75, 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 75 regulations.

iii. 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 prioritization requirements and shall state the minimum percentages of labor hour requirements established in the Benchmark Notice (FR-6085-N-04).

iv. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.

v. 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 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75.

vi. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

k. CONTRACTORS SECTION 3 OPPORTUNITIES PLAN AND REPORTING (N/A for Supply and Professional Service Contracts)

i. A specific Section 3 opportunities plan pursuant to the DHA Section 3 Policy will be established for this contract by the successful contractor. The plan will be included as an Attachment to this contract.

ii. The Contractor shall provide a status report identifying its progress in meeting the goals established in the plan (pursuant to Paragraph 7.IV and 9.A in the DHA Section 3 Policy) on no less than a monthly basis throughout the contract period.

The monthly status report shall be submitted no later than the 28th end of each month of the contract. The status report shall be in at least the same level of detail as the approved plan. For any goal not met, the report shall identify the impediments encountered and the contractor's actual and future actions to overcome such impediments. The report shall also identify any other economic opportunities which the contractor has taken or intends to take. Each contractor or subcontractor will be required to maintain a list of all Section 3 and Targeted Section 3 workers who have applied either on their own or on referral from any source.

iii. Pursuant to Paragraph 9.B in the DHA Section 3 Policy, contractors will be required to submit a final Section 3 cumulative report for the program year.

iv. The failure of the contractor to comply in good faith with the approved plan shall be a material breach of the contract.

v. Contractor shall include the substance of this provision in all subcontracts and shall ensure compliance by all subcontractors.

vi. The Housing Authority may periodically conduct a compliance review to determine compliance with these contract provisions.

SECTION 3 AND SUBCONTRACTOR PLANS

Please see the attached Section 3 Policy for your review. The following forms in this policy must be completed as part of the IFQ submission in response to Section E, Evaluation Factors for Award. Please be advised that tracking of all labor hours under this contract in a form acceptable to DHA (similar to Davis Bacon Prevailing reporting) will be required:

1. ECOMPLY REGISTRATION

Register in eComply (https://prod.ecomply.us) (see instruction in attachments) to be added to DHA’s S3B public registry/directory and for Section 3 Labor Hour Submissions. Please see the Business Status Affidavit to determine if your business qualifies as a Section 3 Business Concern. All subcontractors must also register with eComply.

2. SECTION 3 OPPORTUNITIES PLAN

Please complete the Section 3 Opportunities Plan form in the Section 3 Policy. If you require any assistance with this form, please contact the individuals listed in the form during the question and answer period identified in Section D.

3. SECTION 3 AND TARGETED SECTION 3 WORKER SELF-CERTIFICATION

Please complete the Section 3 and Targeted Section 3 Worker Self-Certification for any individuals who have been identified as a Section 3 Worker or Targeted Section 3 Worker (definitions are identified on the form).

4. BUSINESS STATUS AFFIDAVIT

Please complete the Business Status Affidavit if your company represents and self-certifies as part of its offer that it is a Section 3 Business Concern (Definitions are identified on the affidavit). The Section 3 Business goals are 25% of all contracts awarded.

5. LIST OF PROPOSED SUBCONTRACTORS AND SUPPLIERS

Please complete this list for any proposed subcontractors and suppliers that you may have under this contract and whether they identify as diverse or Section 3. Provide a Business Status Affidavit for each subcontractor.

**Please note: A Business Status Affidavit must be completed by any subcontractors who are Section 3 Businesses.

THE HOUSING AUTHORITY OF THE

CITY AND COUNTY OF DENVER

SECTION 3 POLICY

EFFECTIVE FEBRUARY 23, 2023

HOUSING AUTHORITY OF THE CITY AND COUNTY OF

DENVER

IMPORTANT

THIS SECTION 3 POLICY SUPERSEDES ALL PREVIOUS

VERSIONS OF THE POLICY. TO THE EXTENT THAT THIS

POLICY MAY CONFLICT WITH FEDERAL, STATE OR

LOCAL LAWS, THE DENVER HOUSING AUTHORITY WILL

COMPLY WITH THE APPLICABLE FEDERAL, STATE OR

LOCAL LAW.

CURRENT POLICY GUIDANCE:

24 CFR Part 75

85 FR 60907 (may be updated every three years) Notice CPD-21-07 Notice CPD-21-09

Notice PIH 2022-10 Notice PIH 2022-38

REVISED AND EFFECTIVE AS OF FEBRUARY 23, 2023

(RESOLUTION NUMBER 3544)

1. Overview of Section 3 Requirements 4

A. WHAT IS SECTION 3? 4

B. PURPOSE OF THIS DOCUMENT 4

C. THRESHOLDS 5

D. APPLICABILITY 6

2. Prevailing Wage Analyst 6

3. Employment, Training, and Contracting Goals 6

A. SAFE HARBOR COMPLIANCE 6

B. SAFE HARBOR BENCHMARKS 7

C. CERTIFICATION OF PRIORITIZATION OF EFFORT FOR EMPLOYMENT, TRAINING, AND CONTRACTING 8

4. Section 3 Eligibility and Certifications 9

A. SECTION 3 WORKER AND TARGETED SECTION 3 WORKER CERTIFICATION 10

B. SECTION 3 BUSINESS CONCERN CERTIFICATION 11

5. Assisting Contractors with Achieving Section 3 Goals 12

6. Section 3 Outreach 13

A. OUTREACH EFFORTS FOR EMPLOYMENT AND TRAINING 13

B. OUTREACH EFFORTS FOR CONTRACTING 14

7. Section 3 Contracting Policy and Procedure 15

8. Section 3 Provisions/Contract Language 17

9. Reporting Requirements 17

A. MONTHLY REPORTING 17

B. ANNUAL REPORTING 17

C. REPORTING ON PROJECTS WITH MULTIPLE FUNDING SOURCES 18

10. Internal Section 3 Complaint Procedure 19

11. Appendices 20

APPENDIX A: DEFINITIONS 20

APPENDIX B: MULTIPLE FUNDING SOURCES - CHART 22

APPENDIX C: SECTION 3 OPPORTUNITIES PLAN 23

APPENDIX D: BUSINESS STATUS AFFIDAVIT 25

APPENDIX E: SECTION 3 AND TARGETED SECTION 3 WORKER SELF-CERTIFICATION 26

APPENDIX F: SECTION 3 JOB ORDER FORM 27

APPENDIX G: EMPLOYER TRAINING REPORT 28

APPENDIX H1: HUD FORM 4737 SECTION 3 UTILIZATION TRACKER: BUSINESS LABOR HOURS 29

APPENDIX H2: HUD FORM 4737A SECTION 3 UTILIZATION TRACKER: SECTION 3 LABOR HOURS 30

APPENDIX I: LIST OF CORE EMPLOYEES 31

4 | P a g e

1. Overview of Section 3 Requirements

A. WHAT IS SECTION 3?

Section 3 is a provision of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) that is regulated by the provisions of 24 CFR 75. Section 3 regulations ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State, 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.

B. PURPOSE OF THIS DOCUMENT

This policy outlines how the Housing Authority of the City and County of Denver (“DHA”) and its subrecipients, contractors and subcontractors will comply with HUD’s Section 3 requirements in implementing DHA’s Public Housing Financial Assistance, Housing and Community Development (HCD) Financial Assistance and Lead Hazard Control and Health Homes (LHCHH) Programs. DHA will, to the greatest extent feasible, ensure that employment and other economic opportunities are directed to low-and very low-income persons (Section 3 workers and Targeted Section 3 workers) and to eligible businesses (Section 3 Businesses) and requires the same of its contractors.

DHA may amend its Section 3 Policies and Procedures documents as necessary to ensure continued compliance with HUD’s requirements and/or to reflect updated Section 3 guidance and outreach strategies.

DHA hereby reaffirms its commitment to ensuring that all contractors and any tier subcontractors that are awarded a contract by DHA for work generated through the expenditure of HUD funding shall take all necessary and reasonable steps to provide meaningful, full-time, permanent employment and training to Section 3 residents. It is further reaffirmed that all vendor/contractors and any tier subcontractors that are awarded a contract for work generated through the expenditure of HUD funding shall take all necessary and reasonable steps to provide contracting opportunities to Section 3 business concerns.

To comply with the Act, the requirement of this policy is to obtain a reasonable level of success in the recruitment, employment, and utilization of DHA residents and other eligible persons and/or businesses by contractors working on contracts partially or wholly funded with HUD monies. DHA shall examine and consider a contractor’s potential for success in providing employment and business opportunities to those covered under Section 3 prior to acting on any proposed contract award.

In response to any Request for Proposals (RFP), Request for Qualifications (RFQ) Invitation for Bids (IFB) or Invitation for Quotes (IFQ), DHA will require submission of the Section 3 Opportunities Plan, and certification that the respondent will comply with the requirements of Section 3 and this policy.

DHA, in accordance with applicable laws and regulations, has established employment and training requirements that contractors and subcontractors are expected to meet to comply with Section 3 requirements. DHA’s Section 3 requirement is that, to the greatest extent feasible, contractors and any tier subcontractors comply with the Safe Harbor Benchmarks outlined in Section 3.B of this policy. It is the contractor’s responsibility to implement progressive efforts to attain Section 3 compliance. Failure to attain Section 3 compliance in accordance with their contract will subject contractors to penalties including, but not limited to, the withholding of payments.

5 | P a g e

C. THRESHOLDS

Threshold 1: Public Housing Financial Assistance | 24 CFR § 75.3(a)

There are no thresholds under Section 3 for public housing financial assistance programs. That means that all funding is covered, regardless of the amount of expenditure or size of contract. Public housing financial assistance means:

• Development assistance provided pursuant to Section 5 of the United States Housing Act of 1937

• Operations and management assistance provided pursuant to Section 9(e) of the 1937 Act

• Development, modernization, and management assistance provided pursuant to Section 9(d) of the 1937 Act

• The entirety of a mixed-finance development project as described in 24 CFR 905.604, regardless of whether the project is fully or partially assisted with public housing financial assistance

Threshold 2: Housing and Community Development (HCD) Financial Assistance | 24 CFR § 75.3(a)

Section 3 projects are housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds $200,000 of housing and community development financial assistance. Office of Lead Hazard Control and Health Homes (OLHCHH) assistance is not included in calculating whether the assistance exceeds the $200,000 threshold. The project is defined as the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing. The following is a list of examples of programs that provide housing and community development financial assistance:

• Community Development Block Grant (CDBG)

• Community Development Block Grant Disaster Recovery (CDBG-DR)

• Community Development Block Grant Mitigation (CDBG-MIT)

• Recovery Housing Program (RHP)

• HOME Investment Partnership (HOME)

• Housing Trust Fund (HTF)

• Neighborhood Stabilization Program Grants (NSP 1, 2 & 3)

• Housing Opportunities for Persons with AIDS (HOPWA)

• Emergency Solutions Grants (ESG)

• University Partnership Grants

• Economic Stimulus Funds

• 202/811 Grants

• Rental Assistance Demonstration (RAD)

Threshold 3: Lead Hazard Control and Health Homes (LHCHH) Programs | 24 CFR § 75.3(a)

The threshold is $100,000 where the assistance is provided through LHCHH programs, as authorized by Sections 501 or 502 of the Housing and Urban Development Act of 1970, the Lead-Based Paint Poisoning Prevention Act, and the Residential Lead-Based Paint Hazard Reduction Act of 1992. Neither HUD public housing financial assistance nor HUD housing and community development financial assistance is included in calculating whether the assistance exceeds the $100,000 threshold. The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.

6 | P a g e

D. APPLICABILITY

For public housing financial assistance, all funding is covered, regardless of the amount of expenditure or size of a contract. This policy applies to development assistance, operating funds, capital funds, and all mixed-finance development.

For housing and community development financial assistance, this policy applies to housing rehabilitation, housing construction, and other public construction projects that exceed $200,000 or more of housing and community development financial assistance from one or more HUD programs.

Applicability is determined at the project level.

For projects funded with Lead and Hazard Control and Healthy Homes Programs, this policy applies to projects that exceed $100,000.

This policy also applies to projects that include multiple funding sources. Multiple funding source projects include projects that include public housing financial assistance, housing, and community development financial assistance for single or multiple recipients, and the Lead Hazard Control and Healthy Homes Program.

Section 3 requirements do not apply to:

1) Material Supply Contracts - § 75.3(b),

2) Indian and Tribal Preferences - § 75.3(c), and

3) Other HUD assistance and other Federal assistance not subject to Section 3 §75.3 (d).

However, for financial assistance that is not subject to Section 3, recipients are encouraged to consider ways to support the purpose of Section 3.

2. Prevailing Wage Analyst

DHA’s Prevailing Wage Analyst serves as the central point of contact for Section 3 compliance for DHA and its subrecipients, contractors and subcontractors supporting the program. Subrecipients, contractors, subcontractors and others are encouraged to reach out to DHA’s Prevailing Wage Analyst with questions regarding Section 3 compliance by emailing procurement@denverhousing.org.

3. Employment, Training, and Contracting Goals

A. SAFE HARBOR COMPLIANCE

DHA will be considered to have complied with the Section 3 requirements and met safe harbor, if they certify that they followed the required prioritization of effort and met or exceeded the Section 3 benchmarks, absent evidence of the contrary.

Prior to the beginning of work, contractors and subcontractors will be required to certify that they will follow the required prioritization of effort for Section 3 workers, Targeted Section 3 workers, and Section 3 business concerns as outlined below in Section 3.C. After completion of the project, on the DHA electronic reporting system, contractors and subcontractors will be required to certify that they followed the prioritization of effort requirements.

mailto:procurement@denverhousing.org

7 | P a g e

If the contractor and subcontractor does not meet the safe harbor requirements, they must provide evidence that they have made qualitative efforts to assist low and very low-income persons with employment and training opportunities.

B. SAFE HARBOR BENCHMARKS

DHA has established employment and training goals that subrecipients, contractors, and subcontractors…