Aldrich Street CM and COW-RFQ.pdf

Request for Qualifications: Construction Management and Clerk of the Works Services for Aldrich Street Reconstruction – Phase I, Page 1

TOWN OF WEBSTER, MASSACHUSETTS

Request for Qualifications (RFQ)

CONSTRUCTION ADMINISTRATION AND

CLERK OF THE WORKS SERVICES

ALDRICH STREET RECONSTRUCTION PROJECT

– PHASE I

The Webster Office of Community Development (OCD), on behalf of the Town of Webster, Massachusetts, is requesting qualifications for construction administration and clerk of the works services related to Phase I of the reconstruction of Aldrich Street.

PROJECT BACKGROUND AND CONTEXT

In July 2025, the Town received a Community Development Block Grant (CDBG) award that will enable it to begin the reconstruction of Aldrich Street. This project is phase I in a multi-phase effort to reconstruct the entire length of Aldrich Street. The full project includes new roadways, sidewalks, drainage improvements and new water lines.

Webster requests qualifications from qualified professional engineers to provide construction administration and clerk of the works services for this 6-month (estimated) construction project.

Design of the project is complete, and the project is currently out to bid. The reconstruction of Aldrich Street will begin at the intersection with North Main Street and work its way to the east.

A. Summary of the Requested Design Services

The Town is soliciting the following construction management and clerk of the works services.

Construction Administration The selected engineering firm will lead a pre-construction conference with the contractor to clarify any questions on the project, develop methods to minimize the short-term impacts to the community, review the construction schedule, and confirm the role of the construction inspector in the project. The selected engineering firm will provide review of shop drawings and other submittals required by the contract documents to ensure that the materials to be incorporated into the work meet the standards of the specifications. The selected engineering firm will also prepare, review and recommend action on change orders; review estimates of contractor progress payments and make recommendations regarding payment. The selected engineering firm will conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable; and provide assistance as needed in order to maintain project budget and cost controls.

Deliverables:

• Pre-Construction Conference

• Attendance at Construction Meetings

• PDF File of Reviewed Shop Drawings

• PDF File of Reviewed Pay Requests

• PDF File of Requested Change Orders

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Clerk of the Works The selected engineering firm will observe, record the progress of the project, and monitor construction for conformance to plans, specifications, general terms and conditions of the construction contract on a part time basis. The selected Engineering Firm will notify the Town when work does not conform to the construction contract documents, when work requires special inspection, or when testing is required.

Deliverables:

• PDF File of Daily Construction Reports

B. General Information

Project Schedule

It is anticipated that a contract will be awarded in July 2026. The schedule below outlines the current timetable.

RFQ advertised and available June 15, 2026

Qualifications and proposals due 2:00 PM, June 29, 2026

Interviews (at Town’s option) June 30, 2026

Design contract award On or about July 2, 2026

The intent is to move through this process as quickly as possible without shortchanging the desired result. The period for the requested services is expected to be approximately six months.

Required Professional Qualifications

All proposers must have at least one full-time staff person who is a registered professional engineer, surveyor or landscape architect in Massachusetts. If proposers do not have professional liability insurance they must acknowledge they will obtain such insurance in a minimum amount of $1,000,000 and maintain such throughout the life of the project. No firm or person debarred pursuant to Chapter 149, §44C, from federally funded work or disqualified pursuant to Chapter 7, §38F(c) or §38H(g) shall be awarded a contract for this project individually or be included as a subconsultant to the prime firm.

Insurance Requirements

Each firm submitting qualification and proposal packages in response to this RFQ shall submit a sample “Certificate of Insurance” for items listed below and before the work commences, the insurance company shall send to the Town a “Certificate of Insurance” indicating that such insurance is in force. Arrangements shall be made with the said insurance company to notify the Town of any termination or material change in the aforementioned insurance at least thirty (30) days prior to the date on which the termination or change takes place.

The firm shall take out and maintain insurance as provided in the preceding paragraph, as follows:

a. Worker’s Compensation Insurance for the protection of all employees throughout the entire period that this contract is in operation with coverage B limit of liability of not less than $500,000.

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b. Comprehensive General Liability for bodily injury, including death, in the amount of $1,000,000 (for one person) and $1,000,000 (on account of one accident), including the Town as an additional insured.

c. Property Damage in the amount of $1,000,000 each occurrence and $1,000,000 aggregate. The property damage insurance shall include comprehensive for premises/operations, collapse, explosion, and underground damage to public utilities, products/completed operations, contractual, independent contractor, broad form property damage, and including the Town as an additional insured.

d. Architects/Engineers Professional Liability (errors and omissions on an occurrence basis) in the amount of $500,000 for any one claim, and in the annual aggregate with not more than $100,000 deductible for each claim.

e. Automotive vehicles, both owned and non-owned, used in conjunction with the job both on and off the public highway shall carry the same rates of insurance for bodily injury and property damage as stated above.

Fee

The Town has established a maximum fee of $75,000.00 for the services to be provided under this assignment. This fee includes a contingency for unforeseen or additional work. If interested parties do not believe that they can deliver high quality services in a timely manner within this fee limit, they should not submit their qualifications for consideration. The Town will negotiate a contract fee with the most highly ranked firm. The selected firm will be asked to provide a breakdown of the fees for all required tasks.

C. Selection Criteria

Proposals will be evaluated by a selection committee working with the Town’s Chief Procurement Officer.

The following details the evaluation procedures and specifies the proposal submission requirements necessary to ensure a fair and equitable selection process.

Minimum Evaluation Requirements

The Town’s Chief Procurement Officer, through the Office of Community Development, will receive all proposals and record the names of the firms/individuals. Submissions that meet the minimum criteria will then be evaluated by a selection committee under a more extensive, qualitative rating system explained below. Proposals that fail to meet all minimum criteria will be rejected from further consideration.

The minimum evaluation criteria for this project include:

1. The Proposer must be a registered professional engineer, surveyor and/or landscape architect licensed to practice in Massachusetts.

2. Proposals must be complete, accurate and responsive to RFQ requirements, including submission of required certifications.

3. Evidence of insurance coverage must be satisfactory, including professional liability insurance.

4. Required certifications (listed below) must be complete.

Under the Chief Procurement Officer’s determination that Proposers have met all of the minimum criteria outlined above, eligible proposals will then be reviewed as follows.

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Selection Criteria: Qualitative Evaluations

Following are factors that will be used to judge submissions, and how these factors will be rated. Below is a hierarchy of proposal evaluation criteria organized around four rating levels: highly advantageous (HA), advantageous (A), not advantageous (NA) and unacceptable (U). Not all levels apply in all cases.

Proposals will be reviewed to determine an appropriate rating on each item. The rating sheets of all evaluators will then be collected by the OCD, which will compile the rating for each item.

A summary of the compiled ratings will then be distributed to individual evaluation team members. The team will meet to discuss any major differences between individual members’ ratings and make adjustments, if warranted. Up to four of the highest ranked proposers may be invited to interview with the selection committee. If interviews are conducted, the evaluations may be adjusted based on the proposer’s effectiveness during the interview. A summary of the evaluation team’s rating and ranking (including an assessment resulting from the interview, if conducted) will then be presented to the Chief Procurement Officer.

The Chief Procurement Officer or his designee will thereafter negotiate a contract price with the most highly ranked applicant. If the CPO is unable to negotiate an acceptable price, the CPO will continue to negotiate with other applicants, in the order of their ranking, until he/she is successful in agreeing on a contract price.

It is the CPO (or designee) who ultimately forwards a contract award recommendation to the Board of Selectmen.

The intent of this evaluation system is to consider most favorably the applicant with the highest qualifications and most responsive technical proposal.

Rating Criteria:

1. Similar Experience:

Highly Advantageous: The Engineering Firm has substantial successful experience (more than 5 projects) providing construction management and clerk of the works services for projects of a comparable nature to Webster’s. It is able to present two or more projects of a very similar nature to Webster’s that demonstrate this successful experience.

Advantageous: The Engineering Firm has moderate successful experience (3-5 projects; see above) providing construction management and clerk of the works services for projects of a comparable nature to Webster’s. It is able to present at least one project of a very similar nature to Webster’s that demonstrates this successful experience.

Not Advantageous: The Engineering Firm has moderate successful experience (less than 3 projects; see above) providing construction management and clerk of the works services for projects of a comparable nature to Webster’s.

Unacceptable: (Proposals receiving this rating for any of the criteria will be eliminated from further consideration.): The Engineering Firm has no previous experience providing construction management and clerk of the works services.

Proposals receiving this rating for any of the criteria will be eliminated from further consideration.

2. Project Staffing and Qualifications (for Prime and Sub-consultants):

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Highly Advantageous: The Engineering Firm has provided a clear staffing plan for the project that includes highly qualified and experienced staff (more than 10 years of relevant experience for key staff) to work on the project and its various subtasks.

Advantageous: The Engineering Firm has provided a reasonably clear staffing plan for the project that includes qualified staff and/or staff with limited experience (5 to 10 years of relevant experience for key staff) to work on the project and its various subtasks.

Unacceptable: The Engineering Firm has not provided a clear staffing plan and/or has assigned staff to work on the project and its various subtasks who possess very limited qualifications and/or experience (less than 5 years of relevant experience for key staff) to perform the work as specified. Proposals receiving this rating for any of the criteria will be eliminated from further consideration.

3. Project Timeline:

Highly Advantageous: The Engineering Firm has provided a proposed work program and project timelines that meets or accelerates the Town’s proposed schedule.

Not Advantageous: The Engineering Firm has provided a proposed work program and project timelines that is lengthier than the Town’s proposed schedule but is still complete by December 31, 2026.

Unacceptable: The Proposal does not address the project timeline or proposes a schedule that extends beyond December 31, 2026. Proposals receiving this rating for any of the criteria will be eliminated from further consideration.

4. Examples of Previous Work:

Highly Advantageous: The Engineering Firm has provided examples of previous work that closely approximates Webster’s project and that show high quality construction management capability.

Advantageous: The Engineering Firm has provided examples of previous work that reasonably approximates Webster’s project and that show average quality construction management capability.

Unacceptable: The Engineering Firm’s examples of previous work do not approximate Webster’s project nor show construction management capability. OR Examples of similar work are such that the reviewers are unable to make a determination relating to this criterion. Proposals receiving this rating for any of the criteria will be eliminated from further consideration.

Proposers are strongly encouraged to provide both graphic and descriptive examples of prior projects.

5. References (the Town may use its own prior experience with contractors as a reference):

Highly Advantageous: Reference checks of the Engineering Firm’s past and current work indicate a uniformly high level of satisfaction.

Advantageous: Reference checks of the Engineering Firm’s past and current work indicate a generally high level of satisfaction, with few or minor exceptions.

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Not Advantageous: Reference checks of the Engineering Firm’s past and current work indicate a mix of satisfaction and dissatisfaction.

NOTE: A consideration in the rating of “Similar Experience” and “References” may include the Proposer’s accuracy in cost estimating.

D. Basis for Contract Award

It is the Town’s intention to award the contract to the proposer who the Town considers most advantageous, considering a combination of factors encompassed by the qualitative evaluation criteria. While fee is not a criterion for selection, and will be negotiated with the top-ranked proposer, the Proposer must state that it will be able to complete the requested services for the total available fee.

E. Proposal Submission Requirements

Technical Proposal Submission Requirements

In order to comply with the minimum evaluation criteria for this project, applicants are required to submit qualifications and proposals containing the following:

1. Name, address, and telephone number of engineer or firm and principal contact person.

2. Type of organization (i.e., corporation, partnership, joint venture, etc.) including list of participants, as appropriate.

3. History, ownership, and organizational background of the design firm or individual.

a. Provide a brief history of each engineer or firm involved, as well as a synopsis of ownership and organizational structure.

b. If the firm responding is a partially- or fully-owned subsidiary of another firm, include the above information for the parent company and an appropriate statement by the parent company in support of the subsidiary’s submittal.

c. In case the response is by a joint venture or partnership, identify the relationship of the responsibilities of the members of the joint venture or partnership and the mutual contractual obligations of the members. Further, include the information requested above for all members.

d. If the respondent intends to use a newly created subsidiary to perform its obligations, this must be fully disclosed and the reasons for such actions given. The parent company shall be responsible for securing the liabilities of the subsidiary and substantially meeting the qualifications requested herein.

e. Indicate (as applicable) that the firm/individual is a Section 3, Small and/or M/WBE enterprise.

4. The submission must be signed by an individual duly authorized to bind the firm to the contract.

5. Acknowledge receipt of all addenda issued by the town, or state that none has been received.

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6. Insurance coverage as described in the next section will be required upon contract execution. State that such coverage is currently in place or will be put in place at contract signing.

7. Scope of services proposed. Specify services (if any) to be provided by subconsultants. Proposers do not need to directly incorporate the text of the Town’s scope in their submissions. However, proposers should acknowledge the requested scope, as well as discuss its approach and methodology to the project (see below).

8. Provide a brief, narrative description of the proposer’s understanding of the Town’s project, including approach, comments, or observations as proposer deems relevant.

9. Provide specific evidence of the firm’s/team’s experience with similar projects involving state or federal funding, listing contact name, address, telephone number, and a summary description and date of project. The Town may contact any or all of these as references.

10. Qualifications and experience of staff: Provide a clear plan of the proposed staffing of the project, identifying roles of assigned staff and any proposed sub-consultants.

Indicate the approximate proportion of time (of the total) that each staff person will commit to the project. List the key in-house management staff, and the qualifications of persons who will be involved in the different phases of the project.

Include copies of resumes.

11. Acknowledge the proposed project schedule and ability to meet schedule requirements, or provide an explanation as to why a departure from the above schedule is needed. Proposers should acknowledge their ability to commence work immediately and to provide information that corroborates its availability.

12. Complete the Non-Collusion Certification (sample attached).

13. Completed the Tax Compliance Certification (sample attached).

14. Completed the Certificate of Authority (corporate applicants) (sample attached).

A complete submission package shall be considered one that contains the information described in the preceding section (Qualifications Submission Requirements). The envelope shall be labeled:

Statement of Qualifications: Construction Management Services for Aldrich Street Reconstruction Project – Phase I

Each firm submitting a response to this RFQ should submit an original and two copies addressed to:

Office of Community Development Webster Municipal Building 350 Main Street Webster, MA 01570

The submission shall remain in effect for 30 days after the submittal deadline. All proposal packages must be received before 2:00 P.M., June 29, 2026.

Three (3) copies (1 original and 2 copies) of each proposal/qualifications must be delivered to the Office of Community Development by the date and time specified in this RFQ. No late proposals will be accepted. As this is not a bid process, the Town reserves the right to reject any and all submissions received. Email or faxed submissions will not be accepted.

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Any questions arising from this RFQ should be addressed in writing to Ms. Carol J. Cyr, Director, Office of Community Development, at the above address, or at ccyr@webster-ma.gov. Responses to all questions will be made in writing with copies sent to all firms who have received the RFQ.

Questions or requests for clarification must be received on or before 4:00 PM., Wednesday, June 25, 2026.

All submittals received by the Town of Webster in response to the RFQ shall become the property of the Town and will not be returned.

Withdrawal of Proposal

Any firm who wishes to withdraw a submission must make the request in writing to the Office of Community Development at the address above. The outside of the envelope must be clearly labeled:

Request for Qualifications: Construction Management Services for Aldrich Street Reconstruction Project – Phase I – WITHDRAWAL OF QUALFICATIONS

The request to withdraw a submission must be received by the Town on or before the deadline for submission.

Correction or Modification to a Proposal

A firm that wishes to correct or modify a submission previously submitted must make the corrections or modifications in writing, signed by the engineer/firm with the business address stated, and submit the correction or modification in a sealed envelope addressed to the Office of Community Development at the address above.

The outside of the envelope must be clearly labeled:

Request for Qualifications: Construction Management Services for Aldrich Street Reconstruction Project – Phase I – CORRECTION OR MODIFICATION

Corrections or modifications must be received by the Town on or before the scheduled submission deadline.

F. General Provisions

Interviews may be held with proposers as the Town deems necessary.

The Town reserves the right to reject any or all proposals, to solicit new proposals, to eliminate any task or part of a task of a proposal, and/or to award contracts as it deems to be in its best interest.

Pre-award negotiations may be conducted.

All proposals become the property of the Town of Webster.

The selected proposer shall be expected to comply with all applicable State and Federal laws in its performance of services.

All plans and specifications, data and work products resulting from this contract shall become the property of the Town of Webster.

Unless specifically prohibited by the proposer, the Town has the right to disclose information contained in proposals.

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The selection of a successful proposer shall be made without regard to race, color, sex, gender identity, age, religion, political affiliation, marital status, sexual orientation, handicap status, or national origin.

The Town of Webster is an Affirmative Action/Equal Opportunity Employer and contracting agency. The Town encourages submissions from qualified Section 3, D/M/WBE firms. Although no affirmative action hiring goal has been placed on this contract, the Town will look favorably on those proposals that include such participation.

All contracts resulting from this Request for Qualifications may be subject to review and approval by the Executive Office of Housing and Livable Communities (EOHLC)/Massachusetts CDBG Program and are governed by the requirements of that Program, including the provisions found in Attachment A at the end of the RFQ.

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CERTIFICATE OF NON-COLLUSION

Date:

Town of Webster c/o Office of Community Development Webster Municipal Building

Pursuant to Massachusetts General Laws, Chapter 30, §39M:

The undersigned certifies under 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 paragraph, the word “person” shall mean any natural person, joint venture, partnership, corporation, or other business or legal entity.

Signature

Name of person signing bid

Company

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CERTIFICATION OF TAX COMPLIANCE

Date:

Town of Webster c/o Office of Community Development Webster Municipal Building

Pursuant to Massachusetts General Laws, Chapter 62C, §49A, each bidder must certify under penalties of perjury that they have, to the best of their knowledge, filed all state returns and paid all state taxes as required under the law. I so certify.

Social Security or Signature Federal ID Number

________________________ Title

DUNS #

Company

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CERTIFICATE OF CORPORATE AUTHORITY

At a duly authorized meeting of the Board of Directors of ________________________ (Name of Corporation) held on _________________ it was VOTED that:

(Date)

(Name) (Title) of this corporation, be and he/she hereby is authorized to submit bids and proposals, execute contracts, deeds and bonds in the name and on behalf of said corporation, and affix its corporate seal thereto; and such execution of any contract, deed or obligation in this corporation's name on its behalf by such _________________________ under seal of the company, shall be valid and binding upon this corporation.

A True Copy, ATTEST: _____________________________________

TITLE: _______________________________________

PLACE OF BUSINESS: _________________________

DATE OF THIS CERTIFICATE: __________________

I hereby certify that I am the clerk of the _____________________________ (Corporation) that _________________________ is the duly elected ________________________ of (Name) (Title) said corporation, and that the above vote has not been amended or rescinded and remains in full force and effect as of the date of this Certification.

(Clerk)

CORPORATE SEAL:

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ATTACHMENT A

GENERAL PROVISIONS

APPLICABLE TO USE OF CDBG FUNDS

1. RETENTION OF RECORDS: The Contractor shall maintain in accordance with 24 CFR Part 85, and any EOHLC regulations, procedures or guidelines, those books, records and any other documents, including but not limited to payroll records, accounting records, and purchase orders, that are sufficient to document that activities carried out were in accordance with this Agreement, and the primary objectives of the Act, and any other applicable laws and regulations. Such records shall contain all information pertaining to grant outlays and income. The Contractor shall maintain such records for a period of seven (7) years from the date of expiration of this Agreement, or if such records become the subject of audit findings, they shall be retained until such findings have been resolved, whichever is later.

2. ACCESS TO RECORDS: The Contractor shall make all books, accounts, records, files, and other papers, things or property, that relate to its activities under this Agreement, available at all reasonable times for inspection, review, and audit by the Town, EOHLC, their authorized representatives, authorized representatives of HUD, the Inspector General of the United States, or of the Commonwealth, the Auditor of the Commonwealth, and the U.S. General Accounting Office. The Commonwealth reserves the right of the Governor or his designee, the Secretary of Administration and Finance, and the State Auditor and his designee, at reasonable times and upon reasonable notice, to examine the books, records, and other complicative data of the Contractor which pertain to the performance of the provisions and requirements of this Agreement, as provided by Executive Order 195.

3.TERMINATION:

3.1 For Cause. If either party breaches any material term or condition of the Contract or fails to perform or fulfill any material obligation required by this Contract, the Contract may be terminated or suspended by providing the other party with prior written notice of termination or suspension (7) calendar days before the effective date of termination or suspension. This Contract can be terminated immediately in the event of the criminal participation in fraudulent activities, or in the event that The Contractor files for bankruptcy.

3.2 Emergency. The Town/EOHLC may immediately terminate or suspend this Contract, without penalty, if the Town/EOHLC determines that an unanticipated emergency situation exists, through no fault of the Town/EOHLC, which by law mandates immediate action to protect state or federal funds, property or persons, or to remedy damages which have already occurred. Such termination or suspension shall be effective upon The Contractor's receipt of written notice or either suspension or termination.

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3.3 Elimination or Reduction of Funding. In the event of an elimination or reduction of funding, for any reason, and through no fault of the Town or EOHLC, this Contract may be terminated or suspended without penalty, by providing the Contractor with prior written notice of termination or suspension. Such prior written notice shall be made at least thirty (30) calendar days before the effective date of termination or suspension.

3.4 Force Majeure. Neither party shall be liable to the other nor be deemed to be in breach of this Contract for failure or delay in rendering performance arising out of causes factually beyond their control and without their fault or negligence. Such causes may include, but are not limited to: Acts of God, or the public enemy, wars, fires, floods, epidemics, quarantine restrictions, strikes, unforeseen freight embargoes or unusually severe weather. Dates or times of performance shall be extended to the extent of delays excused by this section, provided that the party whose performance is affected notifies the other promptly of the existence and nature of such delay. Unless otherwise provided by law, or unless otherwise specified by the parties elsewhere in this Contract, the performance dates of this Contract are of the essence and important to the implementation of essential work, and continued failure by the Contractor to perform for an extended period, even for causes beyond the control of the Contractor, shall afford the Town the right to immediately terminate this Contract upon The Contractor's receipt of written notice of termination. An extended period shall be any period aggregating thirty

(30) or more calendar days.

3.5 Obligation in Event of Termination or Suspension. The notice of termination or suspension from the Town or EOHLC shall state the circumstances of the termination or suspension, identify any alleged breach, a reasonable period to cure any alleged breach, if applicable, and any instructions or restrictions concerning any allowable activities or costs during this notice period. If The Contractor is not in default or breach of the terms of this Contract, the Town/EOHLC shall promptly pay The Contractor for such costs up until the date of termination or suspension, provided the Contractor submits invoices with any required supporting documentation, and makes every reasonable effort to minimize any such costs incurred.

4. AMENDMENTS: This Agreement may be amended provided such amendment is evidenced in writing by the signatories hereto prior to its effective date. Any authorized alternative provisions or additional terms and conditions to this Contract shall be specified in an Attachment or Amendment, and shall not replace any boilerplate language, and shall clearly and specifically establish the understanding, intent, obligations, responsibilities and expectations of the parties under this Contract.

5. NON-DISCRIMINATION: The Contractor shall adhere to the requirements set forth in Title VI of the Civil Rights Act of 1964 (Public Law 88-352), and the regulations issued pursuant thereto by HUD (24 CFR Part 1); Title VIII of the Civil Rights Act of 1968 (Public Law 90-284), as amended; section 109 of the Housing and Community Development Act of 1974, and the HUD regulations issued pursuant (24 CFR 570.601);

Federal Executive Order 11063, as amended by Executive Order 12259 and the HUD regulations issued pursuant thereto (24 CFR 107); The Age Discrimination Act of 1975

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(42 U.S.C. 6101 et set.); Section 402 of the Veterans of the Vietnam Era Act (for projects of $10,000 or more); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 74);

Massachusetts General Laws Chapter 151B Section 1 et seq.; State Executive Order 74, as amended and revised by Executive Orders 116, 143 and 227; and EOHLC regulations, procedures and guidelines.

The Contractor shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, color, handicap, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to age, sex, creed, color, handicap, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap or national origin.

6. PROCUREMENT STANDARDS: The Contractor shall adhere to the requirements set forth in 24 CFR Part 200 and EOHLC regulations, procedures and guidelines with respect to standards governing procurement, and any applicable provisions of State laws and regulations relative thereto, including but not limited to: Massachusetts General Laws Chapter 7, section 30B et seq.; Chapter 30, section 39M; Chapter 149, sections 44A through 44L; and Chapter 484 of the Acts of 1984. All procurement transactions without regard to dollar value shall be conducted in a manner that provides maximum free and open competition. It is both national and state policy that the recipient takes affirmative steps to award a fair share of contracts taken to assure that small and minority businesses are utilized when possible as sources of supplies, equipment, construction and services.

The Contractor shall maintain records sufficient to detail the process for procurement.

7. EMPLOYMENT OPPORTUNITIES: The Contractor shall comply with provisions of Section 3 of the Housing and Community Development Act of 1968 (12 U.S.C. 1701u) and the HUD regulations issued pursuant thereto (24 U.S.C. 135), which shall serve as guidance for the implementation of said section.

8. FAIR HOUSING: In addition to the laws and regulations set forth herein with respect to ensuring fair housing opportunities, the Contractor shall adhere to the provisions of Executive Orders 215 and 227.

9. LABOR STANDARDS: Where applicable, The Contractor shall adhere to the provisions of Section 110 of the Act, and the Massachusetts General Laws Chapter 149 sections 26 and 27D inclusive (as amended by Chapter 484 of the Acts of 1984). In the case of the rehabilitation of commercial property, or rehabilitation of residential property designed for residential use of eight or more families, The Contractor shall adhere to the Federal Labor Standards Provisions (HUD Handbook 1344.1), the requirements of the

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Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et. seq.) and the Copeland Anti-Kickback Act.

10. CONFLICT OF INTEREST: The Contractor shall adhere to the mandates of the Massachusetts Conflict of Interest Statute M.G.L., c.268A, and the federal Hatch Act, 5 U.S.C., ss 1501 et seq.

11. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS AND

REGULATIONS, AND EOHLC REGULATIONS, PROCEDURES, AND

GUIDELINES: All activities authorized by this agreement shall be subject to and performed in accordance with the provisions of the Town's grant contract with EOHLC and all its attachments (including, where relevant, Section 4.14 Flood Disaster Protection,

4.15 Historic Preservation, 4.16 Additional Environmental Requirements, 4.17 Lead Paint Hazards, and 4.18 Relocation Assistance), all applicable federal regulations including but not limited to any applicable regulations issued by HUD published in 24 CFR Part 570, as may be amended from time to time; OMB Circular A-133 Audits of State, Local, and Non-profit Organizations; 24 CFR 570.200(j); OMB Circular A-87 Cost Principles for State and Local Government; 24 CFR Part 85 Uniform Administrative Requirement for Grants and Cooperative Agreements to State and Local Governments (including where relevant Subpart B and C-85.20 through 85.22; 85.25; 85.30 through 85.37); all applicable State and local laws and regulations, including but not limited to those specifically stated herein; and any additional regulations, procedures or guidelines as may be established or amended by EOHLC.

12. AVAILABILITY OF FUNDS: Financing assistance to be provided under this Agreement is subject to the continued availability of federal funds for the Massachusetts CDBG Program, and to the continued eligibility of the Commonwealth and the Town to receive such funds.

13. ASSIGNABILITY: The Contractor shall not assign nor in any way transfer any interest in this Agreement without the prior written consent of the Town.

14. INDEMNIFICATION: The Contractor shall indemnify, defend, and hold the Town harmless from and against any and all claims, demand, liabilities, actions, causes of actions, costs and expenses caused by or arising out of the Contractor's breach of this agreement or the negligence or misconduct of the Contractor's agents or employees.

15. LICENSES: The Contractor shall procure and keep current any licenses, certifications, or permits required for any activity to be undertaken as part of the Agreement as required by federal, state, or local laws or regulations, and shall comply with the provisions of 24 CFR Part 85 with respect to any bonding or other insurance requirements.

16. CONFIDENTIALITY: The Contractor will protect the privacy of and respect the confidentiality of information provided by program participants, consistent with

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17. COPYRIGHT: No material prepared in whole or in part under this agreement shall be subject to copyright in the United States of America or in any other country except with the prior written approval of EOHLC.

18. CLOSEOUT: The Contractor shall follow such policies and procedures with respect to close out of the grant as may be required by EOHLC.