ADVERTISEMENT FOR BIDS-STREET & DRAINAGE IMPROVEMENTS HERITAGE HILLS ROAD, MORRIS ROAD, MANCIL ROAD

DO YOU USE THIS PACKAGE?

YES NO

Did you contract for $100,000 or more directly from DCA? If so, this package is applicable to you.

IMPORTANT NOTE!!!

Even if you answered "NO," this package BECOMES APPLICABLE to you when,

during the life of your contract, you trigger "YES" to the question above.

This form must be returned to the soliciting entity with your bid package. Failure to return this documentation will render your bid package as non-responsive.

Signature Print Name Position Title

Entity Name Date

Georgia Department of Community Affairs 60 Executive Park South, NE, Atlanta, GA 30329

Mandatory Section 3 Solicitation Package

This mandatory solicitation package has been developed in accordance with DCA's Section 3 Policy for Covered HUD-Funded Activities. DCA encourages all applicants, contractors, and sub-contractors to review this policy before completing the solicitation package. For those solicitations that meet the applicable Section 3 thresholds, this package must be returned in its entirety to the contracting entity. The Section 3 Clause, required forms, and instructions are included in this package.

The following Section 3 forms must be completed and returned as instructed:

Section 3 Self Certification and Action Plan

Previous Section 3 Compliance Certification

Assurance of Compliance Certification

Additionally, if the contractor is claiming certification as a business concern, at least one of the following criteria must be met and documented:

1. At least 51% owned and controlled by low or very low-income persons,

2. Over 75% of the labor hours performed for the business over the previous 3-month period are

performed by Section 3 workers, or

3. It is at least 51% owned and controlled by current residents of public housing or Section 8-assisted

housing

Receipts must certify that they are making efforts to prioritize contracting with Section 3 business concerns and are responsible for verifying that businesses meet the definition of a Section 3 business concern

The new rule emphasizes the priority hiring of Targeted Section 3 workers living in public or Section 8- assisted housing or within a 1-mile radius of the project site

Section 3 Solicitation Overview and Instructions for Contractors

The DCA Section 3 Policy requires that, when the Section 3 regulation is triggered, every effort within the contractor's disposal must be made, to the greatest extent feasible, to offer all available employment and contracting opportunities to Section 3 workers, Section 3 businesses based on the compliance methods below, and promote employee retention.

All Contracts, All Contractors, and All Sub-Contractors must meet Section 3 compliance by:

By tracking and reporting the total labor hours for Section 3 projects and the efforts to sustain the employment of low-and very low-income people. The total labor hours are reported for three categories of workers on the project: all workers, Section 3 workers, and Targeted Section 3 workers. These three categories are also used to establish the benchmarks which will serve as safe harbors for compliance.

Mandatory language to include: The Section 3 requirements under the HUD Act of 1968, as amended by the Housing and Community Development Act of 1992, final rule requirements for HOME and HTF projects, regardless of whether Section 3 language is included in the agreement or contract.

Placing the Section 3 Contractual Clause provided in Attachment A in ALL solicitations.

When possible, other activities may be done to demonstrate an effort to comply with the Safe Harbor Limits. These other efforts are listed in the appendix to part 135 of the Code of Federal Regulations-24 CFR Part 135 and include:

When possible, other activities may be done to demonstrate an effort to comply with the Safe Harbor Limits. These other efforts are listed in the appendix to part 135 of the Code of Federal Regulations-24 CFR Part 135 and include:

Distributing or posting flyers advertising positions to be filled;

Contacting the local government or housing authority for a list of residents who have expressed interest in Section 3 employment;

Holding job informational meetings for residents, contractors, etc...;

Contacting agencies administering YouthBuild programs and requesting their assistance in recruiting YouthBuild program participants for training and employment positions.

Linking residents or businesses to local resources that may be available to help prepare them for applying for and achieving the opportunity.

Working with DCA, the contractor as applicable in developing a communication and follow up process to track and report all Section 3 applications and hiring activities to ensure the reporting of compliance efforts, and that contracting and sub-contracting are accurate.

Provide preference in hiring and contracting to Section 3 applicants and contractors when employment or contracting opportunities are offered and all requirements are met and remain equal.

Contractors must:

Provide this package to all sub-contractors when soliciting bids for all contracts or sub- contracts;

Meet all the same processes in A-E; and

Provide Preference to all sub-contractors meeting the definitions as stated in Section VI

of DCA's Section 3 Policy for Covered HUD-Funded Activities.

Compliance Date: July 1, 2021. HOME/HTF commitments that occur on or after this date will be required to fully comply with the Section 3 Final Rule ("The Rule," "Final Rule," or "Proposed Rule") when reporting (report on labor hours worked).

* Track and report on labor hours rather than new hires

* Promote employee retention

* Consistent with existing business practices

*(i.e., Davis-Bacon and payroll systems)

In order for Preference as a Section 3 Contractor to be factored into the award decision, all elements of the solicitation criteria must be equal between contracts. This means price and all other factors must be equal. Then the contractors that elect Preference on the Certification and Action Plan form (Attachment E, Options 1, 2, or 3) that meet that Preference criterion will be provided Preference in the award of the contract (as provided in Part VI., Preferences and Eligibility of DCA's Section 3 Policy for Covered HUD Funded Activities).

Example:

Bill's Electrical and Sue's Electrical bid for a job where the housing authority has a budget of$500,000. Bill bids $480,000 and elects a Preference as a Section 3 business concern because he qualifies as a 51% resident-owned business. Sue bids $450,000 but does not elect any Preference. Both companies met, and that Section 3 Residents and Business Concerns are encouraged to

The Giving notice of any and all opportunities for employment and contracting to residents of the local Public Housing Authority (PHA), and other low and very low income area residents and businesses, by posting the opportunity in community sources generally available to low income residents and the general public. In addition, exercising a minimum of three (3) of the following listed sources must be completed prior to offering employment to anyone not covered by Section 3 requirements:

The local community newspaper

The most widely distributed newspaper

Company or agency website

The management office of the local housing authority/homeless service agency/local low income housing community

Local Workforce Board (i.e. Department of Labor)

Local office of the Georgia Division of Family and Children Services

Dodge Room

Other locations as approved by DCA

all the other requirements. Sue will be awarded the contract because Bill's bid was higher.

Important items to remember about receiving Preferences in contract award:

All contractors and/or subcontractors that elect a Preference and are awarded a contract must be in compliance prior to the issuance of a Notice to Proceed by DCA, the, or the contractor based on the policies established for the applicable DCA funding program. The contractor and/or subcontractor must maintain the elected Preference standard during the entire contract or risk having the contract terminated for failure to comply. See Attachment B for further details.

When a contractor and/or subcontractor that elected a Preference is unable to identify a Section 3 worker or a Section 3 business for employment or contracting opportunities, the contractor then must offer employment related training to the Section 3 residents in the county. The training must be provided according to (Part VII - Other Economic Opportunities in DCA's Section 3 Policy).

Attachment A

Section 3 Contractual Clause

Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135)

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 s of HUD assistance for housing.

The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implements section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.

The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth the minimum number and job titles subject to hire, availability of Section 3 apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.

Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

Attachment B

Section 3 Contract Non-Compliance Cure /Termination Processes

This language is a component of contract compliance with the work to which you are responding in this solicitation. The full requirements are provided in the Section 3 Clause found elsewhere in this package and in DCA's Section 3 Policy for Covered HUD Funded Activities.

Any contractor or sub-contractor claiming a Section3 business concern must be in compliance prior to issuance of a notice to proceed by DCA, or contractor based on the policies established for the applicable DCA funding program. This preference can be met by any of the three qualifications:

At least 51% owned and controlled by low or very low-income persons,

2. Over 75% of the labor hours performed for the business over the previous 3-month period are performed by Section 3 workers, or

3. It is at least 51% owned and controlled by current residents of public housing or Section 8-assisted housing

The contractor or subcontractor must maintain compliance throughout the life of the contract. The contractor understands and agrees that a compliance management firm may be used to conduct routine and certified payroll reviews to ensure compliance. The Contractor agrees to provide the payroll data in an Excel or Word format each time the payroll is processed throughout the contract.

Failure to meet the Section 3 requirements will result in penalties up to and including contract termination. Any contractor triggering the regulation by doing any hiring or contracting once they are awarded the contract through execution must comply with the Section 3 requirements by executing the efforts on their Certification and Action Plan in accordance with DCA's Section 3 Policy.

DCA, or the contractor, shall execute these remedies to achieve compliance in this order:

NON-COMPLIANCE CURE PROCESS

Based on the first observation or report of non-compliance with Section 3, the contractor will be sent an e-mail by the compliance manager notifying them of their non-compliance issue. The contractor will have until the next payroll or 10 business days, whichever is less, to bring the contract into compliance and/or justify in writing why they cannot meet compliance requirements.

DCA, or the contractor must render a response to the violating party within 10 business days of receipt of the violating party's letter of reason for non-compliance. If DCA, or the contractor deems the reason to be unacceptable, at its option, DCA, or the contractor can extend the response period one time for up to 5 business days to allow the violating party to identify and secure other compliance options.

DCA, or the contractor will hold all funds due to the violating party until such time

that a financial workout is completed.

Additionally, the violating party may be banned by DCA, and the contractor on future HUD- funded projects.

Attachment C Section 3 Forms

Georgia Department of Community Affairs

Required Submittal - Previous Section 3 Compliance Certification

Name of Business:

Address of Business:

Business Activity:

All firms and individuals intending to do business with DCA, it's, or contractors MUST complete and submit this certification of prior compliance with their bid, offer, or proposal. Any solicitation response that does not include this document will be considered non-responsive and not eligible for an award. Please check the appropriate line box below and sign and date the form.

I am certifying that I have complied with the HUD Section 3 Regulations when triggered by reporting the total labor hours, Section 3 labor hours, investing in and retaining newly hired low-income workers or contracting opportunities in my past contracts when required by the sub or contractor by either:

Certifying as Section 3 business concern Resident Owned Business (ROB); or,

Employing Section 3 residents for at least 30% of the newly hired workforce; or,

Subcontracting 25% of the total dollar award to a qualified Section 3 Business; or,

Hiring or contracting to the "greatest extent feasible" with Section 3 Residents or

Section 3 Businesses.

Check this box

Where was this work performed?

Contact Information for Previous Section 3 Work:

I have never done any HUD funded contracting.

Check this box

I completed HUD Section 3 covered contracts in the past three years but the regulation was not triggered because either there were no new hires on the contract(s) and/or I did not do any new contracting or subcontracting.

Check this box

Signature: Print Name: Title:

"To the Greatest Extent Feasible":

The Contractor has identified # of OPEN positions with respect to this contract. The positions are filled by the (Position title) of the Contractor.

Should the scope of work or duties of the contractor change to a degree requiring a modification of the work force needs, the contractor shall put forth a reasonable effort to fill vacant positions with eligible Section 3 residents.

Documentation of "To the Greatest Extent Feasible":

The contractor will work with DCA, its subs, and the contractor's staff to notify residents of any opportunities afforded under the contract. The contractor will partner with DCA, its subs, and contractors by giving preference of any employment opportunities to the Section 3 persons or businesses.

The contractor shall recruit or attempt to recruit from the Section 3 area the necessary number of low- income and very low-income residents and Section 3 businesses, as applicable. The contractor must also document their recruiting efforts and any impediments to compliance with DCA's Section 3 policy and the requirements of this solicitation package. This documentation must be submitted to the or sub-.

DCA, its subs, and contractors shall: Maintain a list of all low-income area residents who have applied, either on their own or from referral from any source, and employ such person if otherwise eligible and if a trainee vacancy exists.

Conduct solicitation in accordance with DCA's Section 3 policy and the requirements outlined in

the solicitation package.

The contractor shall review all employment applications and determine if low-income and very low- income residents or Section 3 businesses meet minimum hiring or contracting qualifications. If these applicants meet such minimum qualifications but are not hired due to lack of employment opportunities or for other reasons, they will be placed on a priority list and offered positions/contracts upon the occurrence of the first available appropriate opening.

Utilization of Section 3 Businesses Located Within the County:

The sub or contractor does does not intend to subcontract any of the work indentified in the scope of work cited in the bid specifications, scope of work or General Conditions. Should the scope of work or needs of the contractor change, the contractor shall, to the greatest extent feasible, assure that subcontracts be awarded to business concerns within the Section 3 covered area, or to business concerns owned in the substantial part (at least 51%) by persons residing in the Section 3 covered area.

Record Keeping:

The sub, contractor or subcontractor, as applicable, shall maintain on file all records related to employment and job training of low-income and very low-income residents or other such records, advertisements, legal notices, brochures, flyers, publications, assurances of compliance from sub-contractors, etc, in connection with this contract. If a report is needed in the future, the sub, contractor

or subcontractor, as applicable, agrees to provide all records upon request. The contractor shall, upon request, provide such records or copies of records to HUD, DCA, their subs, contractors, staff, or agents. Records shall be maintained for at least three (3) years after the close of the contract.

Reports:

The sub or contractor shall provide reports as required in connection with the contractor specifications. All certified and regular payrolls shall clearly detail which employees qualify under Section 3.

Certification:

The sub or contractor will certify that any vacant employment positions, including training positions that filled:

After the sub or contractor is selected but before the contract is executed, and

With persons other than those to who the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the subcontractor's obligations under 24 CFR Part 135.

Grievance and Compliance:

The sub, contractor or subcontractor hereby acknowledges that they understand that any low-income and very low-income resident of the project area, for him/her or as representatives of persons similarly situated, seeking employment or job training opportunities in the project area, or any eligible business concerns seeking contract opportunities may file a grievance if efforts to the greatest extent feasible were not executed. The grievance must be filed with HUD not later than one hundred eighty (180) calendar days from the date of the action (or omission) upon which the grievance is based.

I attest that the information on the preceding pages is true and correct.

Signature Date

Print Name

Title

Section 3 Clause

Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135)

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 s of HUD assistance for housing.

The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.

The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of Section 3 apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.

Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

I have read and understand these requirements of my Section 3 funded project.

Signature/Title Print Name Date

ATTACHMENT D

SECTION 3 RESIDENT SELF-CERTIFICATION FORM

This form is to be completed by:

All employees of a company if the company is claiming they meet the Section 3 low-income definition and the employer is claiming them as part of the company's full-time aggregate workforce.

All non-GMAHA residents or Section 8 Voucher Holders when seeking Section 3 Preference for any Employment, Training or Contracting opportunities

All Section 3 Residents/Contractors claiming 51% Resident Owned Business Preference in any GMAHA solicitation

S E C T I O N 3 S E L F - C E R T I F I C A T I O N A N D S K I L L S D A T A F O R M

The purpose of this form is to comply with HUD Section 3 administration and certification regulations.

Certification for Section 3 Residents Seeking Employment, Training or Contracting

I, , am legal resident of the United States and meet the income eligibility and federal guidelines for a Section 3 Resident as defined on the next page.

My home address is:

Must be a Street address not a P O Box # Apt Number City State Zip Home #

Cell #

The figures below represent very low-income families; bottom figures represent low-income families.

I certify that all of the information given above is true and correct. If found to be inaccurate, I understand that I may be disqualified as an applicant and/or a certified Section 3 individual which may be grounds for termination of training, employment, or contracts that resulted from this certification. I attest under penalty of perjury that my total household income annually, based on my total household size as listed above is at or below the income amount for that specific size at the time of this document is being signed and notarized. I understand that proof of this statement may be requested in the future.

Signature Date

Witness Date Address/Phone

Purpose:

The purpose of Section 3 of the Housing and Urban Development of 1968 (12 U.S.C. 1701u) (Section 3) is to ensure that employment and other economic and business opportunities generated by HUD Financial Assistance shall be directed to the Authority Residents and other low- and very low-income persons, particularly those who are s of government housing assistance and to business concerns which provide economic opportunities to Residents and other low- and very low-income persons.

Section 3 resident means:

A public housing resident; or

An individual who resides in the metropolitan area or non-metropolitan county in which the section 3 covered assistance is expended, and who is:

A low-income person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80% of the median family income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80% of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families; or

A very low-income person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2) defines this term to mean families (including single persons) whose incomes do not exceed 50% of the median family income for the area, as determined by the Secretary with adjustments made for smaller or larger families, except that the Secretary may establish income ceilings higher or lower than 50% of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes.

A person seeking the training and employment preference provided by section 3 bears the responsibility of providing evidence (if requested) that the person is eligible for the preference.

Service area means the geographical area in which the persons benefiting from the Section 3-covered project reside.

The figures below represent very low-income families; bottom figures represent low-income families. The most recent income limits established for each county may be found at:

Attachment E - Option 1 SECTION 3 BUSINESS CONCERN

Resident Business Owner(s) Verification

A business can be certified as a Section 3 Business Concern if 51% of the business is owned and controlled by low or very low-income persons.

Name of Owner: Home Street Address: Home City, County, & Zip Code: Name of Business: Percentage of Ownership: %

Low- to - Moderate Income (80% of Median)

Check the appropriate box for your family size and income if your total household income is equal to or less than the Gross Household Income Maximum amount listed for your appropriate household size:

If the business is owned by more than one Section 3 resident, list each owner below and each should submit a separate Resident Business Owner Verification Form (Form A).

Please list additional Section 3 Resident owners of the business below:

I certify that I am a resident of the State of Georgia and my total household income last year was not more than the amount shown above for my family size. I further certify the information provided is true and accurate and agree to provide upon request, documents verifying the information submitted to qualify as a Section 3 Business Concern.

Print: Signature: Date:

Attachment E - Option 2 SECTION 3 BUSINESS CONCERN

30% + Workforce

A business can be certified as a Section 3 Business Concern if at least 30% of its permanent, full-time employees are Section 3 residents, or were Section 3 residents within three years of the date of the first employment with the business. You may also certify as a Section 3 Business Concern if, for this award, you will hire Section 3 residents for at least 30% of your permanent, full-time employees for this specific project. For your firm to be eligible UNDER THIS CRITERIA, you must provide the following information for all permanent, full-time employees.

You may attach additional copies of this chart, if necessary.

I certify that the information provided is true and accurate and agree to provide upon request, any/all documents verifying the information submitted to qualify as a Section 3 Business Concern.

Print Name: Title: Company Name:

Signature: Date:

For Contractors or Subcontractors that will be soliciting contracts

A business can be certified as a Section 3 Business Concern if the firm makes a commitment to subcontract in excess of twenty-five percent (25%) of the total amount of subcontracts to be awarded to: A) Section 3 Resident Owned Businesses; or B) Businesses for which 30% or more of their permanent full-time workforce is comprised of Section 3 Residents.

List all work performed by Section 3 Business Concerns Identified (This Form is to be updated as Section 3 Business Concerns are awarded through the completion of the project):

All identified Section 3 Business Concerns listed above are required to complete a Section 3 Self Certification Application (Forms A - C as appropriate) or provide proof of Section 3 Certification status. Attach all required documents to this form.

I certify that the information provided is true and accurate and agree to provide upon request, any/all documents verifying the information submitted to qualify as a Section 3 business concern.

Print Name:

Title:

Company Name:

Signature:

Date: