CONSULTING_SERVICES_FOR_HOUSING_REHABILITATION_EMERGENCY_REPLACEMENT_PROGRAM.pdf

REQUEST FOR PROPOSAL

25/26-45

CONSULTING SERVICES FOR HOUSING REHABILITATION

EMERGENCY REPLACEMENT PROGRAM

Town of Manchester

Lincoln Center

Manchester, CT 06040

RELEASE DATE: March 23, 2026

DEADLINE FOR QUESTIONS: April 8, 2026

RESPONSE DEADLINE: April 14, 2026, 11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/townofmanchester https://secure.procurenow.com/portal/%7bproject.government.code%7d

Town of Manchester

REQUEST FOR PROPOSAL

25/26-45

CONSULTING SERVICES FOR HOUSING REHABILITATION EMERGENCY

REPLACEMENT PROGRAM

I. INTRODUCTION

II. INSTRUCTIONS TO BIDDERS

III. STANDARD INSTRUCTIONS TO BIDDERS

IV. PROJECT DETAILS

V. INSURANCE AND INDEMNIFICATION REQUIREMENTS

VI. LIVING WAGE ORDINANCE

VII. EVALUATION CRITERIA

VIII. VENDOR SUBMISSIONS

Attachments:

A - Manchester Living Wage Certification

Request For Proposal #25/26-45 Title: CONSULTING SERVICES FOR HOUSING REHABILITATION EMERGENCY REPLACEMENT PROGRAM

1. INTRODUCTION

1.1. Summary

The Town of Manchester is soliciting proposals for consultant services for the Town of Manchester

Housing Rehabilitation Program’s (Program) emergency replacement activities.

1.2. Background

The Town of Manchester is soliciting proposals for consultant services for the Town of

Manchester Housing Rehabilitation Program’s (Program) emergency replacement activities. The

Program, funded through a federal Community Development Block Grant and administered by the Town Planning and Economic Development Department, provides funding for the replacement of boilers, furnaces, water heaters and other items necessary to ensure the continued habitability and safety of the property in emergency situations. Emergency replacements are intended to deal with the failure of systems which occur in a sudden and/or unexpected manner and which, if not addressed, would render the unit unhealthy, unsafe and/or uninhabitable.

1.3. Contact Information

Cora Narracci

Purchasing Agent

494 Main Street

Purchasing Division

Manchester, CT 06040

Email: cnarracci@manchesterct.gov

Phone: (860) 647-3033

Department:

Planning

Department Head:

Gary Anderson

Director

1.4. Timeline

Release Project Date March 23, 2026

Question Submission Deadline April 8, 2026, 4:00pm mailto:cnarracci@manchesterct.gov tel:(860)647-3033

RFP Opening Date and Time April 14, 2026, 11:00am

2. INSTRUCTIONS TO BIDDERS

2.1. ELECTRONIC BIDDING INFORMATION

Submitting Proposals

Specifications and proposal forms must be obtained online at Town of Manchester Procurement Portal

(opengov.com). The exclusive means by which all prospective bidders may obtain proposal packages, direct inquiries, request and receive addenda and supplemental information, and submit bids and proposals, shall be through the Town of Manchester’s OpenGov portal.

Proposals may be received up to the deadline date and time listed in the solicitation documents, via the

Town’s e-Procurement Portal. The Town e-Procurement Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The

Town of Manchester strongly recommends completing your response well ahead of the deadline.

Addenda Notification and Acknowledgement

Addenda Notification: Bidders are required to register for an account via the Town’s e-Procurement

Portal hosted by OpenGov. Once the bidder has completed registration, you will receive addenda notifications to your email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at Town of Manchester Procurement Portal

(opengov.com)

Submitting Questions and Receiving Responses

Proposers shall submit all inquiries regarding this RFP via the Town’s e-Procurement Portal. Please note any deadline for submitting inquiries. All answers to inquiries will be posted on the Town’s e-

Procurement Portal. Bidders may also click “Follow” on this RFP to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.

When applicable, state bids will be considered for this service.

The Purchasing Authority reserves the right to waive any informality or reject any and all bids. In addition to the bid specifications, all bids are subject to the terms, provisions and conditions of the

Manchester Charter, Code of Ordinances, and Purchasing Guidelines. By bidding on the proposed purchase, the bidder agrees to such terms, provisions and conditions.

2.2. BID OPENING INFORMATION

Proposals must be received by the date and time indicated in the bid documents.

2.3. RULES AND REGULATIONS FOR COMPETITIVE BIDDING

These rules and regulations have been adopted by the Board of Directors of the Town of Manchester pursuant to Section 5-22 of the Town Charter. They are standard for all competitive bidding proposals issued by the Town of Manchester, Connecticut for contracts of all types where labor, materials, and necessary equipment to complete work is to be furnished to the Town, where the Town is to purchase supplies, materials, and equipment, where the Town is to sell surplus materials and equipment, or https://procurement.opengov.com/portal/townofmanchester https://procurement.opengov.com/portal/townofmanchester https://procurement.opengov.com/portal/townofmanchester where the Town is to sell real estate. These rules and regulations shall be binding upon all prospective bidders and the Town of Manchester.

2.4. GENERAL RULES

1. The Purchasing Authority may delete or modify any of the instructions to bidders for a particular proposal, indicating such change in the appropriate section of the proposal documents. The Purchasing

Authority may insert special instructions in any special contracts which are subject to competitive bidding.

2. The proposal is signed by the proposer with full knowledge of, and agreement with, the general specifications, conditions, and requirements of this proposal.

3. The Town has transitioned to electronic bidding. Vendors should submit solicitation responses electronically via the Town of Manchester Procurement Portal. Vendors will be asked to register and should do so prior to submitting proposal documents.

4.This proposal and any addenda will be issued on the Town of Manchester website bidding portal. It shall be the responsibility of the proposer to download this information. THE TOWN OF MANCHESTER

WILL NOT MAIL A SEPARATE HARD COPY OF ADDENDUM TO PROPOSERS. Failure of any proposer to receive any such addendum or interpretation shall not relieve such proposer from any obligation under his RFP as submitted. All addenda so issued shall become part of the Contract Documents.

5. Proposal prices may not be withdrawn by bidder for 90 days after bid opening.

6. Proposals received later than the time and date specified will not be considered. Amendments to, or withdrawals of proposals received later than the time and date set for submission deadline will not be considered.

7. All deliveries of commodities or services hereunder shall comply in every respect with all applicable laws of the Federal Government and/or the State of Connecticut.

8. Purchases made by the Town of Manchester are exempt from payment of Federal Excise Taxes and the Connecticut Sales Tax and such taxes must not be included in bid prices. Federal Excise Tax exemption certificates, if requested, will be furnished.

9. The Proposer, where applicable, shall insert/include the price per stated unit and extend a total price for each item. In the event there is a discrepancy between the unit price and the extension, the unit price will govern. The total cost shall be the sum of the extended prices.

10. Proposer shall, where applicable, submit terms for payment in spaces provided in the proposal form, showing the amount of cash discount which shall apply to proposal prices when paid within the stated number of days in the proposal.

11. All inquiries shall be submitted within the time limitations specified in the bid documents and shall be requested via the online portal Q&A. All information given by the Town other than through the

OpenGov Portal shall be informal and shall not be binding upon the Town nor shall it furnish a basis for legal action by any proposer or prospective proposer against the Town.

11A. The Town reserves the right to reject any and all proposals, to waive technical defects, and to make such awards including accepting a proposal, although not the lowest cost, as it deems in its sole discretion to be in the best interest of the Town. The Town reserves the right to reject any proposal if the proposer, any officer of the proposer, or any other company owned in whole or in part by any officer(s) of the proposer, is delinquent in the payment of any taxes or fees owed to the Town. The

Town reserves the right to require a disclosure statement from the proposer listing the name(s) of all officers of the company.

11B. In the event the Town determines that a contractor is delinquent in any payment due the Town, then the Town may offset the delinquent amount due to the Town against the sums owed the contractor.

12. The Town of Manchester may make such investigation as deemed necessary to determine the ability of the proposer to discharge a contract. The proposer shall furnish the Town with all such information and data as may be required for that purpose. The Town reserves the right to reject any proposal if the proposer fails to satisfactorily convince the Town that he is properly qualified by experience and facilities to carry out the obligations of the contract and to satisfactorily complete the work called for herein, or if the proposal is conditional in nature.

13. Except where otherwise provided, a contract between the Town and a successful proposer shall consist of the Request for Proposal, Specifications, Plans, Proposal, and Acceptance by the Town and these Rules and Regulations. Acceptance by the Town may be by purchase order for the portion of the work awarded to a contractor.

14. All Requests for Proposal shall be publicly advertised in a newspaper having a general circulation within the Town of Manchester, Connecticut.

15. The Request for Proposal shall be made available on the Town of Manchester Purchasing Web Site via the OpenGov Portal.

16. Any act or acts of misrepresentation or collusion shall be a basis for disqualification of any proposal or proposals submitted by such persons guilty of said misrepresentation of collusion. In the event that the Town enters into a contract with any bidder who is guilty of misrepresentation or collusion and such conduct is discovered after the execution of said contract, the Town may cancel said contract without incurring liability, penalty, or damages.

17. In the event that any proposer wishes to protest the potential award of a proposal, the proposer must make it’s protest in writing, identify the protesting party, the RFP number, title and shall include a factual summary of the basis of the protest including any documents that shall be considered and request a conference with respect thereto. Said protest must be received in the Town of Manchester

Purchasing Office, within FIVE (5) business days after the award decision.

18. A conference with respect to said protest shall be scheduled by the Purchasing Authority and shall be attended by the Purchasing Authority or their designee and such other persons as the Purchasing

Department and the Town Manager shall require attend. The subject matter of said conference shall be limited to the reasons for the protest specified in the written request for said conference. Said conference shall also include a discussion of all possibilities for a resolution of dispute. The Town shall make a decision in writing within three (3) business days after said conference and notify protesting bidder.

19. In the event that any protesting proposer wishes to take legal action against the Town, they must first fully comply with all of these Rules and Regulations, including those which have been changed by the Purchasing Authority pursuant to paragraph 1 herein.

20.Except for special instructions inserted in special contracts by the Purchasing Authority pursuant to paragraph 1 herein, in the event of any conflicts between these Rules and Regulations and the terms and conditions of any document these Rules and Regulations shall prevail.

21. All Awards shall be made by the Purchasing Authority.

22. The contractor shall not transfer, sublet, or assign the contract by Power of Attorney or otherwise to any person, firm, or corporation, or in any way vary the terms of the contract without written permission from the Town. The Town has the right to terminate with a thirty (30) day written notice to the contractor. The Town reserves the right to terminate the contract at any time during the contract period. Such termination shall be effective immediately after giving written notice to the contractor that the Town is terminating the contract.

23. Tariff Increases:

The prices set forth in this bid shall be firm and not subject to increase due to any new or increased tariffs, duties, or trade restrictions imposed after the bid submission date, whether by domestic or foreign authorities. The Seller assumes all risk and liability for any such increases and shall not pass on any additional costs to the Buyer unless agreed to in writing in advance.

Should the Seller seek an adjustment due to a material tariff change, the Seller must notify the Buyer in writing within ten (10) business days of the change, providing detailed documentation of the impact.

The Buyer reserves the right to reject any proposed price adjustment or to seek alternative suppliers if an acceptable resolution is not reached.

2.5. Important Instructions for Electronic Submittal

Proposers shall create a FREE account with Open Gov Procurement by signing up at https://secure.opengov.com/portal/townofmanchester. Once you have completed account registration, browse back to this page, https://procurement.opengov.com/portal/townofmanchester and click on

"Submit Response", and follow the instructions to submit the electronic bid.

2.6. Instructions to Bidders

In accordance with the provisions of the Town Charter, sealed proposals will be received through the

OpenGov Portal, not later than the date and time set forth above, for furnishing the commodities and/or services listed herein. Proposals must be executed in accordance with and subject to instructions and specifications contained herein.

3. STANDARD INSTRUCTIONS TO BIDDERS

3.1. STANDARD INSTRUCTIONS TO BIDDERS – SUPPLIES, MATERIALS &

EQUIPMENT

These instructions are standard for all proposals issued by the Town of Manchester, Connecticut, for the purchase of all supplies, materials, and equipment. The Town of Manchester may delete, supersede, or modify any of these standard instructions for a proposal by indicating such change in the section headed

“Special Instructions to Bidders.”

1. Unless otherwise stated, deliveries must consist of new merchandise.

2. Prices quoted shall be net delivered prices to the Town.

3. The Town may withhold acceptance of, or reject any merchandise which found, upon examination, not to meet the specifications’ requirements. When rejected, it shall be removed by the Contractor

(vendor) within ten (10) days after notification of rejection.

4. When the schedule indicates that an item to be purchased is to be specified, or equal, the bidder may offer an article which is certified to be equal in quality, performance, and in other essential characteristics to the bid standard. Bidder must furnish any information, such as specifications, test results, etc., which will help in determining whether an item is equal or superior to the Town’s bid standard. If a bidder fails to name a substitute, the specified item must be furnished.

5. Bidders agree to comply with all of the latest Federal and State safety standards and regulations and certify that all items furnished in this bid will conform to and comply with said standards and regulations. Bidder further agrees to indemnify and hold harmless the Town for all damages assessed against the Town as a result of the bidder’s failure to comply with said Standards and/or Regulations.

6. The Town reserves the right to make an award by item, total or by group, as may be in the best interest of the Town. If a Bidder desires to bid on an “all or nothing” basis, he shall so indicate on the bid schedule and the Town reserves the right to make an award as may be in the best interest of the Town.

7. The Bidder shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Town of Manchester harmless from loss on account thereof except that the Town of Manchester shall be responsible for all such loss when a particular manufacturer, product, or process is specified by the Town of Manchester.

3.2. Overview:

The Town of Manchester (Town) desires to engage a contractor to provide the services in support of the

CONSULTING SERVICES FOR HOUSING REHABILITATION EMERGENCY REPLACEMENT PROGRAM.

Incorporated as part of the RFP are the #Attachments, #Scope of Work .

3.3. Qualification Requirements:

1. Firm Description – Provide a description and brief history of the firm. Name firms, location of principal and branch offices; length of time in business; and firm ownership structure.

https://procurement.opengov.com/portalownofmanchester/projects/23771?section=187364 https://procurement.opengov.com/portalownofmanchester/projects/23771?section=187367

2. Related Experience – Please provide a list of all projects currently in progress and completed over the last five years. The description should at a minimum provide the project name, location, year of completion, type of contract, renovation cost, size, owner name and reference with telephone number.

3. Organization and Staffing – Provide an organization chart for staff proposed for this project which clearly identifies your proposed management staff for the project (Project Executive, Project Manager, Project Superintendent, etc.). Also include detailed resumes for each person identified.

4. Typical Project Approach – Provide description of services your firm will utilize during each phase of the project to ensure the project is completed on schedule and within budget.

5. Litigation/Arbitration – List information on (a) any involvement in litigation or arbitration with municipal clients; and (b) all clients that have terminated your services prior to completion of any project within the past ten (10) years. Explain circumstances that led to it and describe the resolution.

6. Insurance – Contractor/ Vendor shall agree to maintain in force at all times during the contract the following minimum coverages and shall name the Town of Manchester as Additional Insured on a primary and non-contributory basis to all policies except Workers Compensation.

7. Additional Information – Any other information that, in the judgment of the General Contractor, may allow the Town to make a fair assessment of the experience and abilities of the Contractor.

4. PROJECT DETAILS

4.1. SCOPE OF SERVICES

The Consultant will be expected to provide the following services:

A. Perform an initial inspection of each property with the homeowner to determine the extent of work necessary to eliminate the emergency condition and allow continued safe occupancy of the property.

B. Prepare detailed specifications, itemized cost estimates, and working drawings as necessary within 24 hours of the initial inspection or as otherwise required by the Town. The specifications and drawings will be used as part of a bid and contract package. The specification shall comply with federal requirements and all applicable Town regulations including building, property maintenance, water and sewer codes.

C. Conduct a contractor pre-bid walk-through to discuss work required, answer questions and revise scope as necessary. A list of contractors to be notified regarding participation in bid walks will be maintained and contacted by the consultant for each project. Each homeowner has the right to request specific contractors be notified for their particular project. A pre-bid walk sign-in sheet shall be created by the consultant, who will ensure it is signed by all participating contractors.

D. Provide technical assistance to the Program to include review of bids and recommending award of contract based on lowest credible bid. The Consultant will also review all proposed change orders and approve/deny/request modification of work and pricing.

E. Approach this role with a customer service framework, exhibiting the ability to communicate with residents in a compassionate manner during stressful circumstances.

F. The Consultant must be available to provide such services to the Program, contractors and homeowners during the working hours of 8:00 a.m. to 4:30 p.m., Monday through Friday.

4.2. TOWN RESOURCES

The Town of Manchester will provide the following services at no cost to the Design Consultant:

A. Procedural direction, including program description and administrative procedures.

B. Financial management regarding program applicants and contractor payments.

C. Consultation regarding local code compliance with the Town Building and Water & Sewer

Departments.

4.3. FEDERAL CONTRACT REQUIREMENTS

This project is being funded in whole or in part by the Town of Manchester using Federal funds from the

U. S. Department of Housing and Urban Development under the Community Development Block Grant

Program. The following federal contract requirements must be complied with by the Consultant

(hereinafter referred to as "the contractor") and all sub-contractors in connection with the performance of work under this contract.

This notice is intended to summarize the HUD specific requirements for this project. Detailed federal contracting requirements are located online at the HUD website (www.hud.gov). This summary does not relieve the Contractor from compliance with any federal contracting requirements.

1. Registration in SAM database

All recipients of federal funds are required to have a UEI number and active registration in the SAM database. Information on how to register (or to make sure your registration is current) is available here:

https://sam.gov/content/entity-registration Contractors and all subcontractors must have and maintain an active SAM registration.

2. Build America, Buy America (BABA) Act.

Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY

2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal

Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.

3. Debarment List

No Contractor currently on the Federal Government’s “List of Current Exclusions” (debarment list) or on

HUD’s “Limited Denial of Participation” list may be awarded any part of this contract. For more information, visit www.sam.gov.

4. Conflict of Interest

The Contractor agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Contractor further covenants that in the performance of this

Agreement no person having such a financial interest shall be employed or retained by the Contractor hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Grantee, or of any designated public agencies or Contractors which are receiving funds under the CDBG Entitlement program.

5. Inspection and Retainage of Records

The Contractor shall allow for access by the Owner, the U. S. Department of Housing and Urban

Development, the Comptroller General or any of their duly authorized representatives to any books, documents, papers, correspondence, construction drawings, receipts, vouchers, payrolls, and agreements with subcontractors which are duly pertinent to the Contract for the purpose of making audits, examinations, excerpts and transcripts. The Contractor shall preserve all such records for a period of three (3) years after the final payment hereunder.

https://www.hud.gov/ https://sam.gov/content/entity-registration https://www.sam.gov/

6. Lobbying

a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any

Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this

Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and

c) The Contractor will require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contracts shall certify and disclose accordingly.

7. Section 3 Compliance

Compliance with Section 3 is required for all contracts and subcontracts in excess of $300,000.

Contractors and subcontractors that receive HUD assistance below the $300,000 threshold are still encouraged to provide, to the greatest extent feasible, training, employment, and contracting opportunities generated by the expenditure of this assistance to low- and moderate-income persons, and business concerns owned by low- and moderate-income persons, or which employ low- and moderate-income persons. For more information on HUD Section 3 requirements, visit https://www.hud.gov/section3

8. Clean Air & Clean Water

Contractors must comply with all applicable standards, orders, or requirements issued under section

306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15).

9. Lead Based Paint

The Sub-recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608 and 24 CFR Part 35.

10. Compliance with Federal Regulations

The contractor and subcontractors agree to comply fully with the following legal provisions.

Title VII of the Civil Rights Act of 1964, as amended, and implementing regulations at 29 CFR part 31, which prohibits discrimination and requires provision of equal opportunity on the basis of race, color, or national origin (including language access for limited English proficient persons).

Section 504 of the Rehabilitation Act of 1973, as amended (including amendments made by the

Americans with Disabilities Act of 2008 [ADAAA]), and DOL’s implementing regulations at 29 CFR part

32, which prohibits discrimination and require provision of equal opportunity on the basis of disability.

https://www.hud.gov/section3

Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, familial status or disability.

Hatch Act states that no funds provided, nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V

United States Code.

Section 104 (b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended

Additionally, the Contractor agrees to comply with all requirements outlined in the HUD Addendum 1 provisions below.

4.4. HUD ADDENDUM 1 SUBRECIPIENT AGREEMENT PROVISIONS

Part I: Incorporation of PY 2025 Federal Policy Provisions

I. Purpose and Authority

The Town of Manchester is a recipient of FY 2025 Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). HUD’s FY 2025 grant agreement includes Addendum 1 – Policy Requirements, issued pursuant to Executive Orders 14168, 14182, 14154, 14218, and related statues and regulations. These policy provisions are binding on all recipients and subrecipients of CDBG funds.

II. Incorporation by Reference

To ensure full compliance, the Grantee hereby incorporates into Subrecipient Agreements, by reference without attaching the federal Addendum 1 itself, the specific policy provisions derived from Addendum

1 and outlined in Exhibit E (FY 2025 Federal Policy Clauses). Exhibit E is made part of the Agreement as if fully stated herein and may be administratively updated by the Grantee as HUD issues subsequent guidance or amendments to Addendum 1.

III. Applicability and Flow-Down

The Subrecipient shall comply with all requirements stated in Exhibit E, and shall ensure that its employees, contractors, and consultants likewise comply with those requirements for all activities funded in whole or in part with CDBG funds. These provisions shall “flow down” to all covered agreements.

IV. Compliance and Enforcement

Compliance with the policies in Exhibit E is a material condition of the Agreement and of the

Subrecipient’s eligibility for reimbursement. The Grantee may require the Subrecipient to provide program materials (including flyers, outreach publications, or participant documentation) to verify compliance. Failure to comply may result in corrective action, suspension of payments, or termination of the Agreement in accordance with 2 CFR 200.339-343.

V. Relationship to other Federal Requirements

These FY 2025 policy provisions are in addition to, and do not supersede, other Federal requirements applicable to the Agreement. In the event of a conflict, the more restrictive provision shall apply unless

HUD provides written direction otherwise.

VI. Reference Authorities

The policy provisions in Exhibit E implement the following federal authorities:

* a. Executive Order 14168 – Defending Women from Gender Ideology Extremism and Restoring

Biological Truth to the Federal Government

b. Executive Order 14173 – Ending Illegal Discrimination and Restoring Merit- Based Opportunity

* c. Executive Order 14182 – Enforcing the Hyde Amendment

d. Executive Order 14154 – Unleashing American Energy

e. Executive Order 14218 – Ending Taxpayer Subsidization of Open Borders

f. Executive Order 14205 – Establishment of the White House Faith Office

* g. 8 U.S.C. 1601 et seq. (PRWORA – Immigration Eligibility and Verification)

h. 31 U.S.C. 3729(b)(4) (False Claims Act-Material Compliance Provision)

* Policies marked with an asterisk are subject to pending litigation and are not currently applicable.

Addendum 1 may be updated administratively as HUD issues subsequent guidance or amendments.

Part II: PY 2025 FEDERAL POLICY CLAUSES (CDBG PROGRAM)

This Exhibit sets forth the Federal policy requirements that apply to the Subrecipient as a condition of participation in the CDBG Program. These provisions are incorporated into and made a material part of the Subrecipient Agreement.

* Section 1. Prohibition on Use of Funds to Promote “Gender Ideology”

1.1. Policy Requirement. In accordance with Executive Order (E.O.) 14168, Defending Women from

Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, the Subrecipient shall not use any CDBG funds to promote “gender ideology”.

1.2. Definitions. For purposes of this section:

a. “Gender Ideology” means any theory or policy asserting that sex is determined by subjective identity rather than biological reality as defined in Section2(f) of E.O. 14168 and any subsequent HUD or OMB guidance.

b. For the purposes of this section, “Promote” means to publicly advocate, endorse, distribute, advertise, or otherwise support, through funded publications, events, or materials, the prohibited ideology.

1.3. Agency Forms and Data Collection. All forms, applications, surveys, or data-collection instruments developed or used by the Subrecipient for CDBG-funded activities that request information on an individual’s sex shall list only the options “Male” or “Female.”

a. Such forms shall not include questions or fields requesting or recording gender identity, gender expression, or similar classifications.

b. Existing forms containing such fields shall be modified or replaced for CDBG-funded purposes to ensure compliance with E.O. 14168

1.4. Grantee Review. At the request of the Grantee, the Subrecipient shall provide advance copies of flyers, brochures, social media posts, or other public materials related to CDBG-funded activities for

Grantee review to ensure compliance with this provision prior to release or posting.

1.5. Consistency with Existing Civil Rights Requirements. Nothing in this section shall be construed to limit or modify the Subrecipient’s obligations under any other law protecting individuals from unlawful discrimination.

Section 2. Compliance with Federal Anti-Discrimination Laws and False Claim Act Provisions.

2.1 General Requirement. The Subrecipient shall comply in all respects applicable Federal anti-discrimination laws, including Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et. Seq.)

2.2. Material Compliance under the False Claims Act. Pursuant to E.O. 14173 and 31 U.S.C. § 3729(b)(4), the Subrecipient acknowledges that compliance with Federal civil-rights and antidiscrimination laws is material to the U.S. Government’s payment decisions under the False Claims Act.

2.3. Certification. By execution of this Agreement, the Subrecipient certifies that it does not and will not operate any program in violation of these laws and shall promptly report to the Grantee any filed or pending civil-rights complaint, investigation, or finding of non-compliance related to any CDBG-funded activity.

* Section 3. Prohibition on Use of Funds for Elective Abortions

3.1 Policy Requirement. Pursuant to E.O. 14182, Enforcing the Hyde Amendment, the Subrecipient shall not use any CDBG funds to fund or promote elective abortions.

3.2 Definition. For the purposes of this section, “Promote” means to publicly advocate, endorse, distribute, advertise, or otherwise support, through funded publications, events, or materials, the performance of elective abortions.

3.3 Grantee Review. At the request of the Grantee, the Subrecipient shall provide advance copies of flyers, brochures, or other outreach materials for Grantee review to ensure compliance with this provision.

Section 4. Environmental Considerations

4.1 Policy Requirement. Notwithstanding any prior Notice of Funding Opportunity (NOFO) or application materials, the Agreement shall not be governed by orders revoked in E.O. 14154, Restoring the Rule of

Law in Federal Administration, including E.O. 14008, Tackling the Climate Crisis at Home and Abroad.

4.2 NEPA Unchanged. Nothing in this section shall alter or exempt the Subrecipient from compliance with existing environmental-review requirements under 24 CFR Part 58 or the National Environmental

Policy Act (NEPA), 42 U.S.C. § 4321 et seq. If the NEPA statute or its implementing regulations—including those at 24 CFR Part 58—are amended or superseded during the term of this Agreement, this provision shall be automatically deemed amended to reflect and require compliance with such updated authority, as interpreted by HUD or other applicable Federal agencies.

Section 5. Immigration Status and Verification and SAVE System Compliance

5.1 Policy Requirement. To ensure implementation and compliance with Title IV of the Personal

Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, 8 U.S.C. 1601-1646) and E.O.

14218, Ending Taxpayer Subsidization of Open Borders, the Subrecipient shall assist the Grantee in ensuring that CDBG assistance is not provided to ineligible aliens.

5.2 Subrecipient Role. Subrecipients serving as program administrators shall assist the Grantee in ensuring compliance with PRWORA. Subrecipients may collect intake information and supporting documentation. The Subrecipient shall transmit the documentation to the Grantee for verification through the Systematic Alien Verification for Entitlements (SAVE) Program or an equivalent verification system approved by the Federal Government.

5.3 Grantee Role and Determinations. The Grantee shall perform all SAVE verifications and maintain the official verification record. Any denial decisions issued by the Grantee based on SAVE results or Federal guidance are final and binding on the Subrecipient.

5.4 Prohibition. No Subrecipient shall use CDBG funds in a manner that, by design or effect, facilitates the subsidization or promotion of illegal immigration or shields illegal aliens from deportation, including by maintaining policies or practices that materially impede enforcement of Federal immigration laws.

Section 6. Equal Treatment for Faith-Based Organizations.

6.1 Policy Requirement. Faith-based organizations are eligible to participate as Subrecipients on the same basis as any other organization, consistent with E.O. 14205.

6.2 Prohibition on Religious Activities. No CDBG funds may be used for inherently religious activities such as worship, instruction, or proselytization. Any such religious activities must be separate in time or location from HUD-funded activities and voluntary for participants.

6.3 Non-Discrimination. The Subrecipient shall not, in the selection of contractors, vendors, or beneficiaries, discriminate on the basis of religious character, affiliation, or exercise.

* Policies marked with an asterisk are subject to pending litigation and are not currently applicable. Addendum 1 may be updated administratively as HUD issues subsequent guidance or amendments.

4.5. Please include a quote for proposed fees for services outlined below.

EMERGENCY REPLACEMENTS

Single-family dwelling:

1. Preliminary inspection, specifications and cost estimate:

$_______ per unit.

2. Bid Walkthrough $_______per unit.

3. Final Inspection and report $_______ per unit.

Per hour charge: for additional work beyond Scope of Services detailed herein, i.e. conferences with outside consultants, additional drawings, consultations on emergency projects, etc.

Cost per hour:

4.6. CONTRACT TERM

The term of the contract shall be from Date of Award up to and including July 31, 2028.

Prices must be held firm during the original contract term.

The contractor shall not transfer, sublet, or assign the contract by Power of Attorney or otherwise to any person, firm, or corporation, or in any way vary the terms of the contract without written permission from the Town. The Town has the right to terminate with a thirty (30) day written notice to the contractor. The Town reserves the right to terminate the contract at any time during the contract period. Such termination shall be effective immediately after giving written notice to the contractor that the Town is terminating the contract.

4.7. CONTRACT EXTENSION

The contract contains an option to extend on an annual basis beyond its original term for two additional one year periods.

The extension of the contract shall be at the same terms and conditions and upon mutual agreement between the Town and the Contractor, made approximately four (4) months prior to the date the contract is due to expire.

4.8. CONTRACT PRICE ADJUSTMENT

Price adjustment shall be made on the following basis:

1. The price adjustment shall be equal to the percentage increase or decrease in the U.S. Bureau of

Labor Statistics Consumer Price Index, (Base 1982-84=100) all Urban Consumers, not seasonally adjusted.

2. Adjustments will be made annually, beginning on the anniversary date of the contract. Fractions of one percent (1%) will be carried to one place after the decimal only.

3. A review of the Consumer Price Index will be made for the latest twelve month period available four months prior to the anniversary date. The price adjustment, either up or down, will be effective on the anniversary date through the ensuing twelve months, if the contract is extended beyond its original term.

4. For example, the adjustment for a contract year beginning September 1st will be calculated based upon the Consumer Price Index information published on May 1st.

5. Adjustments for years following the first year extension will be made in the same manner based upon the adjusted bid price of the previous year. The contractor hereby agrees to accept payment adjusted in this manner as full compensation for services rendered.

5. INSURANCE AND INDEMNIFICATION REQUIREMENTS

5.1. GENERAL CONDITIONS:

Within ten (10) business days of the award or notice, or prior to the start of work, whichever comes first, the contractor will provide, pay for, and maintain in full force and effect the insurance outlined here for coverage’s at not less than the prescribed minimum limits of liability. Such coverage is to remain in force during the life of the contract and for such additional time as may be required, and will cover the contractor/ independent insured’s activities, those of any and all subcontractors, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Any failure to comply with reporting requirements and provisions of the policies shall not affect coverage provided to Town, its officers, officials, agents, or employees.

A.

Certificates of Insurance: The contractor will give the owner a certificate of insurance completed by a duly authorized representative of their insurer certifying that at least the minimum coverage’s required here are in effect and specifying that the liability coverage’s are written on an occurrence (or claims-made where applicable) form and that the coverage’s will not be canceled, non-renewed, or materially changed by endorsement or through issuance of other policy(ies) of insurance without sixty (60) days advance written notice to the General Services Department. Failure of the owner to demand such certificate or other evidence of full compliance with these insurance requirements or failure of the owner to identify a deficiency from evidence provided will not be construed as a waiver of the contractor’s obligation to maintain such insurance. Any failure to comply with reporting requirements and provisions of the policies shall not affect coverage provided to Town, its officers, officials, agents, or employees.

B.

Insurer Qualification: All insurance will be provided through companies authorized to do business in the

State of Connecticut and considered acceptable by the owner. Insurance Companies shall maintain a minimum A.M. Best rating of A-/VIII.

C.

Additional Insured: The policy or policies providing insurance as required, with the exception of professional liability and workers’ compensation, will defend and include the owner, directors, officers, representatives, agents and employees, and where applicable owner’s architects or engineers, as additional insureds on a primary and noncontributory basis for work performed under or incidental to this contract.

D.

Retroactive Date and Extended Reporting Period: Coverage, whether written on a claims made or occurrence basis, shall be maintained without interruption from the date of commencement of the

Work until date of final payment and then extended for an additional three (3) years from date of final payment.

If any insurance required here is to be issued or renewed on a Claims Made form as opposed to an

Occurrence form, the retroactive Date for coverage will be no later than the commencement date of the project. The Claims Made form will have an Extended Reporting Period of three years from the date of project completion. All Claims made policies cancelled or non-renewed and not replaced by a subsequent claims made policy will have an Extended Reporting period of three years from the date of cancellation or non-renewal.

E.

Subcontractors’ Insurance: The contractor will require each subcontractor hired by and/or employed by contractor to purchase and maintain insurance of the types specified below. When requested by the owner, the contractor will furnish copies of certificates of insurance evidencing coverage for each subcontractor.

F.

Waiver of Subrogation: The contractor/subcontractor will purchase required insurance policies that shall be endorsed with a waiver of subrogation and all rights of recovery in favor of the Town, its officers, officials, agents and employees. The contractor will require of subcontractors, by appropriate written agreements, similar waivers each in favor of all parties enumerated in this section.

G.

Indemnification/Defense/Hold Harmless: To the extent provided by law, the contractor shall indemnify, defend, and hold harmless the owner, officers, officials, agents and employees, and if applicable, the engineer and their agents and employees from and against all claims, damages, losses and expenses, including attorney’s fees of counsel selected by the owner, arising out of or resulting from the performance of the work and /or the supplying of materials, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom, and (b) is caused in whole or in part by any negligent act or omission of the contractor/ insured, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not they are caused in part by a party indemnified hereunder.

5.2. INSURANCE LIMITS AND COVERAGE:

A.

To the extent applicable, the amounts and types of insurance will conform to the minimum terms, conditions, and coverages of Insurance Services Office (ISO) policies, forms, and endorsements.

B.

If the contractor has self-insured retention’s or deductibles under any of the following minimum required coverage’s, the contractor must identify on the certificate of insurance the nature and amount of such self-insured retention’s or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be the contractor/ independent insured’s sole responsibility.

C.

Workers’ Compensation Insurance: With respect to all operations the Contractor performs and all those performed for it by subcontractors, the Contractor shall carry, and require each subcontractor to carry

Workers’ Compensation insurance as required by the laws of the State of Connecticut.

Employer’s Liability insurance shall be provided in amounts not less than:

$500,000 per accident for bodily injury by accident, $500,000 policy limit by disease; and

$500,000 per employee for bodily injury by disease.

D.

Commercial General Liability Insurance: With respect to the operations the Contractor performs and also those performed for it by subcontractors, the Contractor shall carry, and require each subcontractor to carry, Commercial General Liability insurance, including Contractual Liability, Products and Completed Operations, Broad Form Property Damage and Independent Contractors in an amount not less than $1,000,000 combined single limit, per occurrence, and $2,000,000 aggregate. Owner shall be included as additional insured. Per project aggregate to apply.

Notes:

If underground work is to be undertaken, each policy shall have coverage for and exclusions removed for “Explosion, Collapse and Underground” (“XCU”) hazards.

Should blasting be required, all necessary permits for the use of explosives shall be obtained by the contractor or insured from the Fire Marshall.

E.

Automobile Liability Insurance: The Contractor shall obtain automobile liability insurance with a minimum limit of $1,000,0000 combined single accident, covering the operation of all motor vehicles, including those hired or borrowed, that are used in connection with the Project for all damages arising out of bodily injury to or death of all persons and/or injury to or destruction of property. This policy shall not be subject to an annual aggregate limitation.

F. Umbrella/Excess Coverage: contractor shall purchase and maintain umbrella/excess liability insurance with a limit of not less than $1,000,000 per occurrence/aggregate, covering all lines of insurance required by this contract. This coverage is required to sit above the underlying General Liability, Automobile Liability and Employer Liability part of the Workers Compensation policies. Depending on the scope and size of risk of the work to be performed, higher limits of coverage may be required.

G.

Owner’s and Contractor’s Protective Liability Insurance for and in the Name of the Town and/or State:

With respect to the Contractor’s operations and also those of its subcontractors, the Contractor shall carry, for and on behalf of the Town and/or State for each accident or occurrence resulting in damages from bodily injury to or death of persons and/or injury to or destruction of property, with a minimum of

$1,000,000 per occurrence. Other Insurance Coverage That May Be Required:

• Professional Liability: Not less…