Request for Proposal HVAC Services Manual.pdf

R E Q U E S T F O R P R O P O S A L S F o r

H e a t i n g , V e n t i l a t i o n a n d A i r C o n d i t i o n i n g S e r v i c e s a t a l l

B H A D e v e l o p m e n t s

Project # : 26 -187

March 13, 2026

HOUSING AUTHORITY OF THE CITY OF BRISTOL

164 JEROME AVENUE – BRISTOL, CT 06010

TABLE OF CONTENTS

COVER PAGE

SECTION 1: INTRODUCTION

SECTION 2: INSTRUCTIONS TO RESPONDENTS

SECTION 3: SCOPE OF WORK

SECTION 4: CONTRACTOR LICENSING

SECTION 5: EVALUATION METHOD

SECTION 6: CONTRACT AWARD

SECTION 7: INSURANCE REQUIREMENTS

SECTION 8: INVOICING

SECTION 9: SUBMISSION REQUIREMENTS

ATTACHMENTS

FORM OF GENERAL BID

ACKNOWLEDGEMENT OF ADDENDA FORM

NON-COLLUSIVE AFFIDAVIT

CERTIFICATE OF CORPORATE VOTE (If Applicable)

VENDOR QUALIFICATION PACKAGE

HUD FORM 5369-C (Certifications and Representations of Offerors – Non- Construction)

W9 FORM

REFERENCE FORM

STATE OF CONNECTICUT LICENSES

STATEMENT OF COMPLIANCE WITH SECTION 3

GENERAL TERMS AND CONDITIONS

HUD FORM 5369-B (Instructions to Offerors Non-Construction)

OWNER-CONTRACTOR SAMPLE SERVICE CONTRACT

HUD FORM 5370-C (SECTION II) (General Conditions for Non- Construction)

DAVIS BACON WAGE RATES

LIST OF BHA DEVELOPMENTS

SCHEDULE OF EVENTS:

Pre-Bid Conference March 20, 2026 10:00 AM 164 Jerome Avenue. Bristol Last Day of Questions April 3, 2026 2:00 PM Bid Opening April 7, 2026 2:00 PM 164 Jerome Avenue, Bristol

1.0 INTRODUCTION

A. The Housing Authority of the City of Bristol (BHA) owns and operates eight (8) residential developments with 743 apartments within the City of Bristol. BHA is soliciting sealed bids from qualified State Licensed Heating, Venting and Air Conditioning (HVAC) Contractors to provide day-to-day, on-call emergency, and preventative mechanical services. The goal is to assist BHA in keeping current with its HVAC systems.

B. For the purposes of this Request for Proposals “Bidder”, “Contractor”, “HVAC Contractor”, “Authority”, “Owner” and “Awarding Authority” shall be synonymous.

C. The term of the contract resulting from this Request for Proposal (RFP) shall be for one (1) year commencing on the date of award. Upon satisfactory completion of the initial term, BHA may extend the term of this contract for four (4) additional one-year terms at its sole option. The Authority shall provide the Contractor with written notice of its intent to extend the Contract at least ninety (90) days prior to the expiration of the then current Contract term.

D. The Contract is an indefinite delivery, indefinite quantity contract. Services are required as and when needed. The Authority reserves the right to make partial or full award of the services described below.

E. The Contract may be subject to an aggregate annual not to exceed expenditure limit established by the Authority Board of Commissioners (the “Annual Limit”). Annual expenditures may not exceed the Annual Limit without confirmation of funds availability and the prior approval of the Board of Commissioners or their appointee.

2.0 INSTRUCTIONS TO RESPONDENTS

A. All inquiries regarding this RFP shall be directed to Luis Velazquez, Director of Capital Funds at (860)

585-2028 or lvelazquez@bristolhousing.org A copy of the RFP Manual is located on our website www.bristolhousing.org for download or by request to the contracting officer. There is no charge for electronic copies of the RFP documents. Bid packages may also be mailed for a $50.00 fee payable in the form of money order or certified check. Please contact Luis Velazquez for details of payments.

B. A Pre-Bid Conference will be held on March 20, 2026, at 10:00 A.M. at 164 Jerome Avenue, Bristol, CT.

Attendance at this meeting is not mandatory, but strongly recommended for all bidders. The purpose of this conference is to answer questions concerning this solicitation. An addendum may be issued following the pre-bid conference which will summarize the topics addressed at the conference.

C. Respondents must deliver in a sealed package, one (1) Original and one (1) copy of their response to the following location no later than 2:00 PM on Tuesday, April 7, 2026.

Delivered to: Housing Authority of the City of Bristol Attention: Mitzy Rowe, Chief Executive Officer 164 Jerome Avenue Bristol, CT. 06010

D. All bids received after the specified date and time above will be considered “non-responsive”. NO ELECTRONIC OR FAXED BIDS WILL BE ACCEPTED. Bidders must use the Form of General Bid included in the bid package. No substitutions are permitted.

E. To ensure proper receipt and handling of responses, bids must be submitted in a sealed envelope and clearly marked on the outside of the package with respondent’s name, address, and the words:

“RFP #26-187 HVAC Contractor Services”.

F. There is no bid deposit requirement associated with this procurement.

G. All questions or requests for clarification of this RFP must be submitted in writing no later than the date indicated on the cover page of this RFP to Luis Velazquez at lvelazquez@bristolhousing.org. BHA shall issue a written response via its website.

H. To be considered an Official Plan Holder and eligible bidder, the contracting officer must receive an email indicating interest in bidding before April 6, 2026. All companies that send a representative to the non-mandatory pre-bid meeting will also be considered an official plan holder eligible to bid the project.

I. A bidder may only correct, modify, or withdraw a bid by written notice received at BHA Central Office prior to the bid deadline specified above.

J. BHA reserves the right to verify any and all information provided in the Proposal. If there is evidence of misleading or false information, the Authority may, in its discretion, reject the respondent’s submittal.

K. BHA reserves the right to cancel or reject any and all proposals at any time before a contract is executed and approved. To waive any informalities or minor irregularities in the proposals received, where such acceptance, rejection, or waiver is deemed to be in the best interest of BHA.

L. All bids must comply with the provisions of BHAs Procurement Policy, General Terms and Conditions, U.S. Department of Housing and Urban Development (HUD) and any applicable Federal, State of Connecticut, or Local laws and/or regulations.

M. BHA reserves the right to issue addenda to this RFP. If it becomes necessary to revise any part of the RFP, addenda will be provided in writing via e-mail to all prospective bidders who have requested a copy of this RFP. The addenda shall be deemed a part of this RFP and will supersede the original requirements and standards set forth herein.

N. Each bidder is solely responsible for a thorough review of all RFP Documents prior to submitting a proposal. Failure to examine the bid documents will not relieve the Bidder from any obligation contained in the RFP. BHA will not be liable for any cost incurred by a bidder prior to award of a contract. Any costs incurred by Respondents in preparing or submitting proposals are the Respondents’ sole responsibility. The Authority will not reimburse any Respondent for any costs incurred prior to award of the Contract.

O. By submission of a bid the Bidder agrees to execute a Contract with BHA that incorporates all the requirements of this RFP. The Bidder further accepts all terms and conditions set forth in the RFP and the standard provisions included or attached.

P. In submitting a proposal, the Respondent agrees not to discuss or otherwise reveal the contents of the proposal to any source outside of the Authority until after the award of the Contract. Respondents not in compliance with the provision may, at the option of the Authority, be disqualified from contract award.

Only discussions authorized by the issuing agency are exempt from this provision.

Q. The Authority reserves the right to negotiate fees proposed by any respondent.

R. No Bidder may assume or rely on the fact that any email or phone communications have been received by

BHA unless BHA has responded in writing.

S. A Bidder responding to this RFP shall indemnify and hold BHA, its Directors, Board Members, and

Employees harmless from and against: (a) all claims, demands, losses, damages, and judgments, including court costs and attorneys’ fees, arising out of, or based upon any claim of the Bidder hereunder, and (b) any breech by Bidder or Bidders agents or assigns of any provision of this RFP and resulting Contract.

T. The Respondent shall not take advantage of any errors or omissions in this RFP. The Respondent shall promptly notify the Authority of any omissions or errors found in this document.

U. Bids received that are conditional bids, submitted incomplete, not properly endorsed, signed, or are otherwise contrary to these instructions, shall be rejected as unresponsive.

V. It is understood and agreed that it shall be a material breach of any contract resulting from this bid “for the Contractor to engage in any practice which shall violate any provisions of Federal, State or Local General Laws, relative to discrimination in hiring, discharge, compensation, or terms, conditions or privileges of employment because of race, color, religious creed, national origin, sex, age, or ancestry”.

W. This contract requires Davis Bacon Act Wage Rates. A copy of the most recent wage rate determinations is attached to this RFP. The awarding firm is not required to submit certified payroll but is required to pay at or above the recommended pay rate.

X. The Authority reserves the right to go out to separate solicitation for major projects. BHA, at its discretion, may elect to use in-house personnel to perform the work or may hire outside contractors to perform work they deem to be more qualified or available for a task.

3.0 SCOPE OF WORK

A. This contract for Heating Ventilation and Air Conditioning (HVAC) services has no guaranteed amount of work during its term. BHA shall contact the firm awarded this contract at its discretion for day-to-day, on-call, and emergency HVAC services.

B. The Contractor agrees that all work shall be in accordance with State and Federal safety regulations. The work provided under this contract will be performed by licensed and trained personnel who are qualified to do the work and possess a current CT license. Please refer to Section 4 for specific licenses required.

C. Contractor shall work with BHA staff to create a preventative maintenance schedule for all properties and coordinate the date and times with BHA property managers.

D. For all emergency service requests, the contractor must respond within one (1) hour and be able to mobilize on site within two (2) hours from the initial call. BHA may make an emergency service request 24/7, 365 days a year.

E. Contractors submitting proposals shall provide their hourly rate on the General Bid Form provided. Wage rates must be paid to all employees. The hourly bid price must be all inclusive and reflect all OH&P, insurance, and any other costs. The hourly rate will start once the technician arrives on site and invoices shall only include time spent on BHA developments. BHA will not pay for travel or any additional costs such as delivery, travel, trip, service, or gas fee, only the actual labor and materials for the work. The aggregate amount of the hourly bid prices shall be the contractor’s bid price.

F. The hourly rates submitted on the Bid Form shall remain fixed during the entire yearly term of the contract.

The Contractor will have the ability to request in writing an increase in pricing each year with supporting documentation. This request can be made sixty (60) days prior to the contract renewal date. This increase shall be negotiable and must be approved by BHA before a contract increase is granted.

G. The Contractor must provide all labor, all incidental materials and tools necessary to perform most plumbing work. This includes hand tools, torches or crimping tools for piping, Teflon tape, solder, and pipe joint sealant etc.

H. The firm bidding on this service contract must be able to pull any necessary HVAC permits.

I. BHA shall have the right, at any time, to increase or decrease the scope of work contained in this RFP to meet increased or decreased needs.

J. The Bidder warrants that its services/products (as applicable) will perform in good and workmanlike manner. Bidder shall repair or replace, at its own expense, any work, or product(s) not in compliance that is brought to its attention within 30 days from date of service or product installation.

K. The Authority shall retain the right to request and receive a change in personnel assigned to the work if the Authority believes that such change is in the best interest of the Authority and the completion of the contracted work.

L. BHA may specify the product to be used under this contract to maintain uniformity throughout its developments. An example of this may be a light fixture at a particular development. For all materials supplied by the contractor there shall be a maximum 15% markup. The contractor will be asked to provide materials needed under this contract at times. There is no markup permitted on the bidder’s labor rate.

Receipts for materials must accompany the invoice as backup.

M. The following is a general outline of the services. This is not a definitive description. BHA reserves the right to alter the scope of services as HVAC issues dictate an increase or decrease in the work under this contract. There may also be an overlap of services with other service contracts where BHA determines the work will be performed by another vendor. This is at the sole discretion of BHA.

1) Apartment related work orders:

• Work in apartments will be primarily in occupied units and on occasions vacant units. The contractor will be expected to provide services to baseboard radiation including replacing any piping, zone valves, etc.

2) Maintenance and service of gas HVAC, Boilers, and Hot Water Tanks:

• HVAC related work on gas fired boilers will typically involve working on pumps, valves, and piping. Work in this area may involve accessing piping in attics and crawl spaces.

3) Maintenance and service of gas and electric direct and indirect hot water tanks:

• Plumbing related work on gas and electric hot water tanks will include repairs and replacement of tanks and associated pumps and piping.

4) Building Common Area and Site Maintenance:

• Common area HVAC work will include repairs and replacement of intercom and buddy cord systems, exterior building, and street pole lighting as well as corridor/stairwell and common area restroom fixtures.

5) HVAC work related to small construction & remodeling projects:

• BHA occasionally performs small remodeling projects in house with construction oversite through the modernization and maintenance departments. Periodically a bathroom or kitchen remodeling project will be performed which requires the need for a licensed electrician. An HVAC firm bidding on this service contract must be able to pull any necessary HVAC permits and have ample employees available to handle demo, rough and finish HVAC as the project schedule dictates.

This work will only be performed during normal business hours 8:00AM - 4:30PM, Monday – Friday.

4.0 LICENSES/CERTIFICATIONS

A. The selected Bidder shall furnish BHA a current S-1 Unlimited license and be fully licensed for the duration of the contract period.

B. All service personnel performing mechanical service must have, as a minimum, an S-2 license.

C. Apprentice cards for all apprentices working on site.

D. Contractors must fully comply with all relevant OSHA requirements including fall protection. This includes proper access to overhead units.

5.0 EVALUATION METHOD

A. BHA will be awarding this contract using a “Best Value” methodology. The contracting officer will only evaluate those submittals received by the specified date and time above. The submittals will be reviewed and rated based on the evaluation criteria listed below and the top-rated bidders may be selected for an interview. Scores from the submittal and/or the interview will be utilized in making the final selection.

B. Points will be awarded based on the following categories:

1) Up to 25 Points will be awarded for the Contractors’ Qualifications, Experience and References

2) Up to 75 Points will be awarded based on costs.

C. The 25-Point allocation for Qualifications, Experience, and References will be awarded based on the following criteria: Contractors must receive a minimum score of 20 out of 25 points to be further considered in the selection process.

1) 25 points: Previous experience in providing a superior level of HVAC services at like-sized public and/or private facilities. Assessments of work performance and working relationships by current or recent clients indicating a high level of satisfaction and effectiveness.

D. The 75-Point allocation will be solely based upon the Cost submitted.

6.0 CONTRACT AWARD

A. After all prerequisites and specifications have been met by the Respondent and the award has been made, the successful Respondent will be notified within fifteen (15) working days of this award. The Authority will notify the successful Respondent in writing, either by mail or an electronic transmittal of the Letter of Award.

B. BHA intends to award the contract at their next Board of Commissioners’ meeting. If the Bidder fails to enter into a contract agreement within five (5) calendar days following BHA’s notification, BHA reserves the right to award the contract to the next qualified Bidder.

C. The highest scoring bidder in combination with being responsive and responsible will be awarded the Service Contract.

D. To be considered responsive, the bidder must (a) submit their Bid Form by the deadline advertised, (b) provide all bid related documents with their Bid and (c) meet all minimum quality requirements detailed in this RFP.

Bidders are reminded that any bid received that has incomplete space or sections, is not properly endorsed, or signed, is a conditional bid or is otherwise contrary to these instructions, shall be rejected as unresponsive.

E. To be considered responsible, the bidder must demonstrate they have the skills, ability, and integrity necessary to provide BHA with a superior quality of work, strong work ethic and ability to work well with BHA residents, personnel, and other trades as the work requires.

F. BHA reserves the right to modify, amend or terminate the contract at any time should the successful Bidder fail to meet contract obligations.

G. The successful Bidder shall not assign, sell, transfer or sub-contract any part of this contract without the express written consent of the BHA. Any such actions shall void the contract and will result in the full forfeiture of funds due to the Bidder.

7.0 INSURANCE REQUIREMENTS

A. The selected Bidder shall furnish BHA a Certificates of Insurance showing all minimum coverage in accordance with BHA’s General Terms and Conditions. BHA shall be named as an additional insured on all Certificates of Insurance as follows:

Housing Authority of the City of Bristol 164 Jerome Avenue Bristol, Connecticut 06010

8.0 INVOICING

A. All invoices must include:

1) Contractor F.E.I.N. or Social Security number.

2) Complete Contractor name and billing address.

3) Invoice number, date, location of service and time spent.

4) Itemized description of services and/or material supplied.

5) Adjustments, if applicable.

6) Work periods must be itemized, if applicable.

B. The contractor may not include additional fees in their invoices such as a gas fee or emergency fee.

Invoices shall only be for time on BHA property and shall not include travel to or from the job or for visits to the supply house. The contractor may only bill the rates provided on their bid form.

C. Payment terms are NET 45 days following receipt of correct invoice. The Authority is responsible for all payments to Contractor under the Contract.

D. Invoices that include materials used on the job should not exceed a maximum of 15% markup. Invoices will not be paid unless proper documentation is provided in the form of paid receipts for materials showing the contractor’s cost.

E. BHA will not pay invoices that were not submitted in a timely fashion (90 Days).

9.0 RFP SUBMISSION REQUIREMENTS

A. Responders to this RFP shall submit one (1) Original Bid and one (1) copy is required.

B. Responding to this RFP must submit their proposal in strict accordance with Section 2.0. Faxed or electronic bid responses are not permitted.

C. Elaborate proposals in the form of brochures or other presentations beyond that necessary to present a complete and effective proposal are not desired.

D. Bidders are reminded that any bid received that has incomplete spaces or sections, is not properly endorsed, signed, or notarized, includes documents or forms not specifically requested (i.e., letters of reference, sections of the bid package, etc.), is a conditional bid or is otherwise contrary to these instructions, shall be rejected as unresponsive.

E. A proposal submitted for this procurement must include the following:

1. Form of General Bid:

Submit a signed and notarized original copy of the Form of General Bid. Bidder may only use the Form of General Bid supplied in the bid package; no substitutions are permitted.

2. Forms and Certifications:

Provide executed originals of the following contract forms and documents; all of which are found in the RFP:

• Non-Collusive Affidavit

• Certificate of Corporate Vote Authorization (If applicable)

• W-9 Form

• HUD Form 5369-A

• Statement of Compliance with Section 3

• Vendor Qualification Package

3. References:

Provide a typed list of at least 3 references that clearly demonstrate the bidder’s ability to perform the work described in the RFP. Company name and contact person’s phone and email address are required for each reference. Letters of reference from previous customers are not permitted as a substitute for the typed list. Work with other housing authorities is desired but not mandatory.

FORM FOR GENERAL BID

Note: if the bidder is a corporation, indicate state of incorporation under signature, and affix corporate seal:

TO THE AWARDING AUTHORITY

A. The undersigned proposes to furnish all labor and incidental materials required for the performance of mechanical related services at all Housing Authority of the City of Bristol (BHA) housing developments (Bid #26-187) for the BHA in Bristol, Connecticut in accordance with the contract documents prepared by BHA for the contract price specified below, subject to additions and deductions according to the terms of the specifications.

B. This bid includes addenda number(s) _____________________.

C. Hourly labor rates quoted below shall be all inclusive of overhead and profit, equipment, tools, gas, taxes, insurance, and common incidental materials required for mechanical related work. The rates shall be fixed for the entire term of the contract.

D. CONTRACTOR’S BID PRICE WILL BE BASED ON THE AGGREGATE SUM TOTAL OF HOURLY

RATES

Hours worked Journeyperson Rate/Hr. Apprentice Rate/Hr.

M-F 7am-5pm $______________________ $_____________________

M-F 5pm-7am $______________________ $_____________________

Weekends & Holidays (24 hrs.) $______________________ $_____________________

TOTAL A $______________________ TOTAL B $_____________________

E. Contractor’s Bid Price (Sum of Total A + B) is:

Written amount Numerical amount

F. The undersigned agrees that, if selected, he/she will execute a contract in accordance with the terms of this bid.

G. The undersigned hereby certifies that they are able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work, that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee;

and that he/she will comply fully with all local, state, federal laws and regulations applicable to awards made.

H. The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word “person” shall mean natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the State of Connecticut under any provisions or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

ATTEST Name of General Bidder

DATE Signature & Title of Authorize Person

Business Address

FEIN # City, State & Zip

ACKOWLEDGEMENT OF ADDENDA FORM

Proposer has received the following Addenda, the receipt of which is hereby acknowledged:

Addendum Number: Date Received:

Addendum Number: Date Received:

Addendum Number: Date Received:

Addendum Number: Date Received:

Addendum Number: Date Received:

(Date)

(Company Name) (Project Number)

(Print Name) (Signature)

FORM OF NON-COLLUSIVE AFFIDAVIT

State of

County of

, being first duly sworn, deposes and says:

That he/she is, the party making the foregoing proposal for bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not, in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against BHA or any person interested in the proposed contract, and that all statements in said proposal for bid are true.

Project No.

Signature

(Name and Title)

Date

(Signature should be Notarized.)

CORPORATE VOTE

CERTIFICATE OF CORPORATE

VOTE OF AUTHORIZATION

_______________________ 20_________

I hereby certify that a meeting of the Board of Directors of the:

Duly called and held at __________________________ on the _________ day of ________________ 20_______

At which a quorum was present and acting, it was voted that __________________________________________ of the __________________________, be and hereby is authorized to execute and deliver for and on behalf of the Corporation a Contract with the Housing Authority of the City of Bristol, for work to be done at Federally Aided Housing

Cambridge Park in the City of Bristol, CT and to act as principal to execute bonds in connection therewith, which Contract and Bonds were presented to and made part of the records of said meeting.

I further certify that_______________________________________________________ Is duly qualified and acting

________________________________________ of the Corporation and that said vote has not been

Repealed, rescinded, or amended.

A true copy of the record, Attest: ___________________________________________

(CORPORATE SEAL)

On this ______day of _____________ 20___, before me, the undersigned Notary Public, personally appeared_____________________________, duly designated by the board of directors and proved to me, through satisfactory evidence of identification, which was _________________________, that s/he is the person whose name is signed on the foregoing documents, and acknowledged to me that’s/he signed it voluntarily for its stated purpose and that it was her/his free act and deed.

Name of Corporate Officer

Name of Corporation

Name of Corporate Officer

Title

Notary Public My Commission Expires:

General Terms and Conditions for Non-Construction Contracts

1. Contract

(a) The Housing Authority of the City of Bristol ("BHA") uses these general terms and conditions in contracts for professional services that are fully or partially funded by the U.S. Department of Housing and Urban Development (HUD).

(b) The Contract Documents consist of: (i) the Request for Proposals (RFP), (ii) the Respondent's/Contractor's response to the RFP, (iii) all attachments and addenda to the RFP, and (iv) the Owner-Contractor Agreement, all of which shall constitute the entire agreement between the Contractor and BHA unless mutually amended in writing (OCA).Any and all requested exceptions to the OCA should be noted by each Respondent/Contractor as part of its proposal/response to the RFP.

(c) Receipt of a signed proposal/response is considered a binding offer by the Respondent/Contractor which shall remain firm for a period of 60 days from the due date for proposal delivery. In the event of withdrawal after proposal/response delivery, the BHA may take such action as it deems appropriate including legal action for damages or specific performance.

2. Definitions

(a) Terms not defined in these General Terms and Conditions are found in the HUD-5370 C II or incorporated in the main documents.

(b) "Contractor" includes contractor's officers, employees, agents, and subcontractors.

3. Contract Term

(a) Contractor shall begin performance on the date of the OCA, unless otherwise provided herein.

(b) BHA may extend the term of the OCA at its sole discretion if Contractor's service is essential to BHA or a project's completion.

(c) BHA may terminate the OCA in whole, or from time to time in part, for BHA's convenience or the failure of the Contractor to fulfill the OCA obligations. The BHA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall:

1) immediately discontinue all services affected (unless the notice directs otherwise), and

2) deliver to BHA all information, reports, papers, and other materials accumulated or generated in performing the OCA, whether completed or in process.

(d) If the termination is for the convenience of BHA, the BHA shall be liable only for payment for services rendered before the effective date of the termination.

(e) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract, the BHA may, at its sole and exclusive option:

1) require the Contractor to deliver to it, in the manner and to the extent directed by the BHA, any work described in the Notice of Termination;

(ii) take over the work and prosecute the same to completion by contract of otherwise, and the Contractor shall be liable for any additional cost incurred by the BHA; and/or

(iii) withhold any payments to the Contractor, for the purpose of set-off or partial payment, as the case may be, of amounts owned by the BHA to the Contractor.

(f) BHA's Contracting Officer will decide any dispute in accordance with BHA's procurement policy at the time of the dispute.

Page 2 of 10 BHA General Terms and Special Conditions Contract Value 10,000+

4. Performance Standard Contractor shall make its best effort to provide its service using the highest professional skill and competence.

5. Establishment and Maintenance of Records

Contractor shall establish and maintain fiscal control and accounting procedures that ensure proper accounting for all funds paid by BHA to Contractor.

6. Payments

(a) Monthly invoices shall be submitted for all work performed during the preceding month. The contractor may not include additional fees in their monthly invoices such as a gas fee or emergency fee. Proper documentation shall accompany the invoice showing the date of service, location of service and time spent on site. Invoiced hours shall be only for time on BHA property and shall not include travel to or from the job or for visits to the supply house. The contractor may only bill the hourly rates provided on their bid form.

(b) BHA shall pay Contractor for invoices submitted to BHA, for service done to BHA's satisfaction, within 45 days. BHA will not pay invoiced amounts not submitted by Contractor within 4 months of work being performed. Contractor bears the burden of proof of invoice submission to BHA.

(c) Payment terms are NET 45 days following receipt of correct invoice. BHA is responsible for all payments to Contractor under the OCA.

(d) Invoices that include materials used on the job should not exceed a maximum of 15% markup. Invoices will not be paid unless proper documentation is provided in the form of paid receipts for materials showing the contractor’s cost.

7. Subcontracting The Contractor shall not have the right or power to assign, subcontract, or transfer interest in the OCA without the prior written consent of BHA.

8. Status Reports Contractor shall furnish BHA with such information and reports concerning the progress and management of the OCA as BHA may require from time to time.

9. Examination and Retention of Contractor's Records Contractor shall permit BHA, HUD, Comptroller General of the United States, or any of their duly authorized representatives to have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to the OCA for the purpose of making audit, examination, excerpts, and transcriptions, for a period of three years after final payment under the OCA.

10. Ownership and Proprietor, Interest BHA has exclusive ownership of all proprietary interests and the right to full and exclusive possession of, all information, materials, and documents, discovered or produced by Contractor, resulting from the OCA, including reports, memoranda, or letters relating to any contractual research and reporting tasks.

11. Liability Coverage Contractor shall have and maintain through the Term of the OCA the following insurance:

(a) Commercial General Liability. Commercial General Liability Each Occurrence. BHA shall be named as an Additional Insured on a primary non-contributory basis for products & ongoing and completed operations that includes bodily injury & property damage with a combined single limit (CSL) of $2,000,000. In addition, such policy shall contain a broad form contractual liability endorsement or similar wording within the policy form, if applicable. Waiver of Subrogation to be provided in favor of BHA.

(b) Professional Liability Insurance. Professional Liability/Errors and Omissions coverage to be provided with a $1,000,000 limit and $1,000,000 aggregate. Limits of not less than $1,000,000 per occurrence, covering acts, errors and omissions arising out of the rendering of, or failure to render, professional services related to this contract if applicable to the services provided under contract.

(c) Fidelity/Crime Insurance. Fidelity/Crime Insurance. Limits of not less than $100,000 per occurrence, which covers claims incurred as a result of Contractor's employees' dishonesty, burglary, theft, fraud, or destruction of property if applicable to the services provided under contract.

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(d) Automobile Liability Insurance. Auto Liability Combined Single Limit $1,000,000 for all owned, hired and non owned vehicles for property damage and liability. Housing Authority for the City of Bristol shall be named as an Additional Insured. Limits not less than $1,000,000 for all damages for any bodily injury sustained by each person as a result of any occurrence, and $1,000,000 for damage because of bodily injury sustained by two or more persons as the result of any occurrence, and $100,000 for property damage sustained as the result of any one occurrence, or a limit of not less than $1,250,000 Combined Single Limit

(CSL).

(e) Umbrella/Excess Liability $1,000,000 and $1,000,000 Aggregate. General Liability, Auto Liability and Workers' Compensation to be listed as underlying coverages. Umbrella/Excess Liability to follow form with respect to Additional Insured and Waiver of Subrogation.

(f) Contractor shall purchase insurance coverage from an insurance company licensed to conduct business in Connecticut with a minimum AM Best's Rating of "A" VIII. All carriers are subject to approval by BHA.

(g) Contractor shall ensure all required insurance policies provide occurrence-based coverage.

(h) BHA may review the insurance requirements and coverages from time to time. Contractor agrees to comply with BHA's reasonable new or modified insurance requirements.

(i) Contractor shall pay all insurance deductibles, if any, or indemnify BHA from paying Contractor's insurance deductibles, or both.

(j) Contractor agrees that the amount of insurance required does not, in any way, limit the liability of Contractor by virtue of its obligation to indemnify BHA, so that all claims resulting in a settlement or judgment or other claim related payment in excess of the coverage amounts required, if any, are the sole responsibility of Contractor to pay, to indemnify BHA from paying, or both.

(k) If any policy is written on a "Claims Made" basis, the policy must be continually renewed for a minimum of two (2) years from the completion date of the OCA. If the policy is replaced and/or the retroactive date is changed, then the expiring policy must be endorsed to extend the reporting period for claims for the policy in effect during the contract for two (2) years from the completion date.

(l) Contractor shall ensure that following phrase is placed by its insurer in the ACORD Certificate of insurance form's comments section: "The Housing Authority of the City of Bristol is named as an Additional Insured."

(m) Contractor shall furnish BHA all insurance renewal certificates at least thirty (30) days prior to policy expiration.

(n) Contractor shall maintain insurance coverage in full force for the duration of the OCA, including extensions or renewals. Contractor's cancellation or termination of insurance policies required by the OCA without immediate replacement is a breach and default of the COA. BHA may cure such a default by procuring insurance on behalf of Contractor, at Contractor's expense.

(o) Contractor shall ensure that Contractor's insurer will provide BHA 30-days' notice before cancellation or decrease in coverage, of any insurance policy required. Contractor shall advise all their insurers of the contract provisions regarding insurance. The failure of the Contractor to notify insurers of the contract provision shall not relieve the Contractor from its insurance obligations under the contract. Non-fulfillment of the insurance provisions shall constitute a breach of the COA and the BHA retains the right to stop work until proper evidence of insurance is provided.

12. Worker's Compensation Insurance

(a) For all the employees employed by the Contractor, the Contractor shall maintain Workers' Compensation Insurance in accordance with Connecticut's Workers' Compensation Act. In case any class of employees is engaged in hazardous Work under the OCA and is not protected under the Workers' Compensation Act, the contractor shall provide Workers' Compensation Insurance for the protection of such employees not otherwise protected. Waiver of Subrogation to be provided.

(b) In addition to any other requirements related to worker's compensation insurance, if Contractor is a sole proprietor, a single member limited liability company or otherwise has no employees, Contractor shall maintain Worker's Compensation Insurance as if it were an "employer" as such term is defined in and in accordance with Connecticut's General Statutes or as if it were an employer in accordance with the statutes of

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Contractor's home state. Contractor shall immediately indemnify BHA for any charges levied by the then current BHA worker's compensation insurance carrier related to Contractor's failure to carry or provide proof of carrying insurance as described in this provision. This provision of the Contract survives termination or expiration of the Contract.

13. BHA Indemnification

(a) In this section, the following definitions apply:

"Litigation Expense" means any reasonable out-of-pocket expense incurred in defending a Proceeding or in any related investigation or negotiation, including court filing fees, court costs, arbitration fees, witness fees, and attorneys' and other professionals' fees and disbursements.

"Losses" means any amount awarded in, or paid in settlement of, any Proceeding, including any interest and any Litigation Expenses.

"Proceeding" means any judicial, administrative, or mediation/arbitration action, suit, claim, investigation, or proceeding.

(b) Contractor shall indemnify and hold harmless BHA against all Losses arising out of a Proceeding against BHA related to the OCA and initiated by a non-party to the OCA ("Claim"), except to the extent that BHA negligently or intentionally caused those Losses.

(c) BHA must promptly notify Contractor of that Claim and deliver to Contractor a copy of all legal pleadings with respect to the Claim.

(d) To assume the defense of a Claim, Contractor must notify BHA that it is doing so. Promptly thereafter, Contractor shall retain to represent it in the Claim, independent legal counsel that is reasonably acceptable to

BHA.

(e) BHA is entitled to participate in the defense of a Claim. BHA may defend a Claim with counsel of its own choosing and without Contractor participating if

(i) Contractor notifies BHA that it does not wish to defend the Claim,

(ii) by midnight at the end of the tenth business day after BHA notifies Contractor of the Claim Contractor fails to notify BHA that it wishes to defend the Claim, or

(iii) representation of Contractor and BHA by the same counsel would, in the opinion of that counsel, constitute a conflict of interest.

(f) Contractor shall pay any Litigation Expenses that BHA incurs in connection with defense of the Claim before

Contractor assumes the defense of that Claim, except with respect to any period during which BHA fails to timely notify Contractor of that Claim. Contractor will not be liable for any Litigation Expenses that BHA incurs in connection with defense of a Claim after Contractor assumes the defense of that Claim, other than Litigation Expenses that BHA incurs in employing counsel in accordance with subsection (e), which Litigation Expenses Contractor shall pay promptly as they are incurred.

(g) After Contractor assumes the defense of a Claim, Contractor may contest, pay, settle, or compromise the Claim at its discretion, except that it may not compromise or settle the Claim without the consent of BHA unless that compromise or settlement (1) does not entail any admission on the part of BHA that it violated any law or infringed the rights of any Person, (2) has no effect on any other claim that may be brought against BHA, (3) provides as the claimant's sole relief monetary damages that are paid in full by Contractor, and (4) requires that the claimant release BHA from all liability in respect of the Claim.

14. Additional Defaults

(a) Default includes, in addition to those stated elsewhere in the OCA:

(i) a competent authority, such as a government official or a Certified Public Accountant, determines that Contractor's management of, or any accounting for, its funding, as relating to this contract, is improper, inadequate, or illegal; or

(ii) a court having jurisdiction enters a decree or order adjudging Contractor bankrupt or insolvent, or approving as properly filed Contractor's petition seeking reorganization, readjustment, arrangement, composition, or similar relief for Contractor under federal bankruptcy laws, or any other similar applicable law.

(b) BHA may waive any default. BHA's waiver as to a particular default does not constitute a waiver of any other default, whether of the same or different type, and whether preceding or succeeding the waived default.

BHA's waiver of a default is not effective unless written and signed by BHA's Chief Executive Officer.

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15. Remedies

(a) BHA may elect to pursue any one or more of the following remedies, in any combination or sequence, for any default not waived by BHA:

(i) any action as BHA deems necessary, including the temporary withholding or reduction of payment;

(ii) suspend Contractor's authority to proceed;

(iii) require Contractor to cure such default to BHA's satisfaction; and

(iv) terminate the OCA contract.

(b) BHA's selected remedy does not prohibit BHA from pursuing any other remedy and does not constitute a waiver by BHA of any other right or remedy.

16. BHA Section 3 Clause

(a) Unless specifically exempted in the OCA, the work to be performed hereunder is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended ("Section 3").

(b) The parties to the OCA agree to comply with HUD's regulations in 24 CFR part 75, which implement Section

3. Such regulations include, but are not limited to the following:

(c) Contractors and their subcontractors shall make their best efforts to provide training and employment opportunities generated from the expenditure of Section 3 covered assistance in the following order of priority:

(i) Residents of the housing development or developments for which the Section 3 covered assistance is expended;

(ii) Residents of other housing developments managed by BHA;

(iii) Participants in HUD YouthBuild programs;

(iv) To low-and very low-income persons residing within the Bristol metropolitan area.

(v) Contractors and their subcontractors shall make their best efforts to award contracts and subcontracts to business concerns that provide economic opportunities to Section 3 workers in the following order of priority:

(vi) To Section 3 Business Concerns that provide economic opportunities for residents of the public housing projects for which the Section 3 covered assistance is provided;

(vii) To Section 3 Business Concerns that provide economic opportunities for residents of other public housing projects or Section-8 assisted housing managed by BHA;

(viii) To YouthBuild programs; and

(ix) To Section 3 Business Concerns that provide economic opportunities to Section 3 Workers residing within the Bristol metropolitan area.

(d) 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.

(e) The Contractor shall notify local labor unions of the applicability of Section 3 to the OCA and shall also post all potential job openings and their applicability to potential Section 3 Workers prominently at each site as well. Contractors shall ensure that their subcontractors follow these requirements as well.

(f) Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of the OCA for default, and debarment or suspension from future HUD assisted contracts.

(g) Contractor shall promptly submit total labor hours worked for each project, Section 3 labor hours worked for each project and Targeted Section 3 labor hours worked for each project upon BHA request on a form provided by the BHA (the "Labor Hours Audit"). The Labor Hours Audit may be required by BHA on a quarterly, semi-annual, annual or project end basis. The Labor Hours Audit form may change from time to time at discretion of BHA. Failure of Contractor to submit a Labor Hours Audit within 15 business days from BHA request (Saturdays, Sundays and Authority Holidays excluded) is per se an event of default by Contractor under the OCA.

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(h) The BHA Section 3 Plan is incorporated in its entirety into the OCA. Any failure to comply with the provisions of the BHA Section 3 Plan may be deemed a default under the OCA or under any other contract between contractor and BHA. In the case of any conflict between this clause and any other Section 3 clause included in any attachment the provisions of this clause prevail.

17. Youth and Resident Contact

(a) Contractor represents that it has appropriate hiring policies and screening procedures for employees who will be working with youths and public housing residents.

(b) Contractor shall permit BHA to review Contractor's hiring policies and screening procedures for employees who will be working with youths and public housing residents.

(c) BHA may terminate the OCA if (i) Contractor's performance includes working with youths and public housing residents; (ii) BHA determines that Contractor's hiring policy is not appropriate; or (iii) Contractor fails to promptly modify its hiring policy.

18. Hiring Indemnity Contractor shall indemnify and hold harmless BHA for any failure of Contractor's hiring policies and screening procedures.

19. Recovered Materials

(a) In accordance with the Solid Waste Disposal Act, 42 U.S.C. § 6962, the Contractor shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, unless the Contractor determines that such items:

(i) are not available in a reasonable period of time;

(ii) fail to meet reasonable performance standards; or

(iii) are only available at an unreasonable price.

(b) This provision applies to items purchased under this contract where:

(i) the Contractor purchases in excess of $10,000 of the item under this contract; or

(ii) during the preceding Federal fiscal year, the Contractor:

1) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and

2) purchased a total of in excess of $10,000 of the item both…