REQUEST FOR PROPOSAL (#8632)

BY THE CITY OF WATERBURY

ON BEHALF OF THE WATERBURY LAND BANK AUTHORITY FOR THE W.O.W.

NEIGHBORHOOD REVITALIZATION PROJECT

The City of Waterbury, (hereinafter “City”), on behalf of the Waterbury Land Bank Authority is seeking Proposals from qualified construction contractors to carry out the new construction of two (2) prefabricated modular duplex housing units on two independent but contiguous parcels located at 234 and 238 Orange Street, Waterbury, Connecticut for the W.O.W. Neighborhood Revitalization Project (the “Project) Said Project is more specifically described in Attachment G, and the property information is identified in Attachment E, attached hereto and made part hereof. This RFP process shall be conducted consistent with the provisions of the City of Waterbury Code of Ordinances, Chapters 38-39, also known as the City’s Purchasing Ordinance. The RFP process shall be administered by the City of Waterbury Purchasing Department.

A. Background and Intent

The purpose of this RFP is to secure a qualified contractor with experience in prefabricated modular housing development, according to HUD guidelines.

The Waterbury Land Bank Authority (“WLB”) has received funding from the U.S.

Department of Housing and Urban Development (HUD) via the CT State Congressionally Directed Spending Initiative (“CDS”) FY 2024 to construct two (2) duplex modular/prefabricated housing units on two independent but contiguous parcels located at 234 and 238 Orange Street which is within the W.O.W. (Walnut Orange Walsh) Neighborhood within the City of Waterbury.

This RFP is seeking qualified and professional contractors with experience in developing prefabricated housing, and contractors who have an established track record and contractual relationship with a prefabricated modular housing manufacturer.

The WLB owns two independent and contiguous parcels located at 234 Orange Street and 238 Orange Street. Each parcel is suitable for housing development. The WLB has been awarded grant funds to construct 2, two-family homes; one duplex on each parcel;

and has elected to construct prefabricated modular housing for these parcels. The WLB is seeking a contractor who will work with our organization in accomplishing this goal.

This RFP has been created to solicit contractors who are experienced in modular housing construction and who have established relationships with modular housing manufacturers. The WLB anticipates that the selected contractor would provide a fee proposal for the work described and outlined in Attachment J, and would engage with the WLB as the general contractor, to assist in the design of the modular unit, the cost estimates and ordering of the units to be manufactured, all required site work which is to be completed to install the units on the property, obtain permits or approvals, and finalize the construction finishes, and site/utility hooks ups.

In the Project Information in Attachment G, there is project summary, concept plan building envelope sketch, a sample or proposed foundation plan/1st floor plan/second floor plan, and proposed timeline. In the Property Information in Attachment E, there is a location map, tax map for each parcel, assessor property card, and a survey of the property. Additionally, the WLB has completed a Phase 1 environmental area assessment of the site; and a HUD environmental study.

It is the intent of the WLB for the Successful Proposer to furnish all labor, services, materials, tools, equipment, transportation and incidentals necessary to execute and properly finish the Project, as detailed and described herein.

Funding for this Project is provided through HUD’s FY2024 Economic Development Initiative - Community Project Funding (HUD-CPF). A copy of HUD’s requirements set forth in HUD’s Grant Guide governing funding under Community Project Funding dated August 19, 2024 are attached hereto as Attachment L. Contractor is required to conform to and comply with all applicable requirements set forth therein. This compliance requirement includes applicable Federal statutes, executive orders, regulations, rules and interpretive guidance issued by the Department of Housing and Urban Development (HUD), U.S. Office of Management and Budget or any other Federal agency governing CT State Congressionally Directed Spending Initiative funding. This Contract is subject to 2 C.F.R. Part 180 0MB Guidelines to Agencies on Government Debarment and Suspension and the U.S. Treasury's implementing regulations set forth at 31 C.F.R. Part 19, Government Debarment and Suspension.

B. Qualifications

Eligible Proposers will be those individuals, businesses, and institutions that have the following qualifications:

1. Experience and expertise in regard to providing the Work, Services and/or Items to be procured as detailed and described in the RFP.

2. Ability to undertake and complete the Scope of Services.

3. Proven track record in providing the type of Work, Services and/or Items required by the RFP.

4. Proven track record of meeting project budgets (if provided) and contract timelines.

5. Adequate staff/employees to complete the Scope of Services in a timely manner.

6. Knowledge of, and compliant with, all applicable Federal, State, and City of

Waterbury laws and regulations governing the services to be provided under this

RFP.

7. At the time of contract award, has or will have sufficient capacity, facilities, equipment, labor, financial capability, and experience to provide all services required hereunder throughout the Agreement Period, plus any extensions thereof, and to conduct all such services in a regulatory-compliant and reliable manner.

8. Proposers shall be registered with the State of Connecticut Secretary of State to do business in the State of Connecticut.

9. Proposers shall have experience in prefabricated modular home construction, and have an established relationship with prefabricated housing manufacturers.

C. Scope of Services

1. Scope of Work Summary. The scope of work for this Project includes:

preparing a development budget for the proposed duplexes; contracting with the prefabricated housing manufacturer; ordering the housing units in unison with working on the design details with the WLB; securing any/all approvals/permits etc.

with the City of Waterbury; preparing site for development; delivering housing units to the site and assembling; completing final construction details for occupancy;

working through and obtaining Certificate of Occupancy; working with the Waterbury Land Bank Authority on pre-sales of units, if necessary, as detailed in described in the attached Bid Documents.

2. Proposer’s attention is directed to the Property Information (Attachment E), for the development of two duplex, prefabricated, modular housing units, and to the Project Information regarding the housing units (Attachment G) which describe and illustrate the work and services associated with this RFP.

D. Agreement Period

1. Any award of work equal to or greater than $50,000.00 shall require a formal

Contract. If a Contract is awarded as a result of this RFP, the Successful Proposer agrees and covenants that the Contract Time shall commence upon delivery of the Waterbury Land Bank Authority’s written Notice to Proceed, which shall occur after contract execution by both parties.

2. It is anticipated that the Successful Proposer shall complete the design details and order the housing units from the prefabricated modular housing manufacturer within two months of notice to proceed or a time period mutually agreed upon with the WLB. Final Completion of all Work and Services (site work, modular unit delivery, utility hook up, and assembling of units on site) no later than January 1, 2027 unless otherwise mutually agreed upon with the contractor and the WLB.

E. Insurance

The Successful Proposer (also referred to herein as “Contractor”) shall provide insurance as set forth in Attachment D provided by insurers, satisfactory to the City and authorized to do business in the State of Connecticut, with a minimum “A-“ Best’s Rating and at least a Class V3 or better financial category as shown in the most current A.M. Best Company ratings.

F. General Information

1. The WLB is an Equal Opportunity and Affirmative Action employer and does not discriminate in hiring, employment, or business practices. Small, minority and women business enterprises are encouraged to submit a Proposal in response to this RFP. The WLB is committed to complying with the Americans with Disabilities Act of 1990 (ADA) and does not discriminate on the basis of disability, in admission to, access to, or operation of its programs, services, or activities. WLB is compliant with Title VI of the Civil Rights Act of 1964.

2. RFP Documents

In order to view, download and receive all RFP related documents and notifications issued by the City, potential Proposers must register online at the City’s ProcureWare website City of Waterbury’s procurement website

(https://waterburyct.procureware.com/register). Please note that completion of the registration process requires entry of a valid email address and selection of at least one category classification.

3. Information Session

There will be a Non-Mandatory Information Session with respect to this RFP on April 14, 2026, at time 12:00 PM via ZOOM. Please see Attachment M for ZOOM credentials.

4. All questions, requests for clarification and communications about this RFP and submission requirements must be submitted through the City of Waterbury ProcureWare website and must be received by 2:00 PM on April 17, 2026. Prospective Proposers must limit their contact regarding this RFP to the Purchasing Director or such other person otherwise designated by the Purchasing Director.

Addenda responding to questions submitted by the above date or identified at any Information Session to be held in regard to this RFP, along with any changes or amendments to this RFP, will be available via the City of Waterbury ProcureWare website by 2:00 PM on April 21, 2026.

It shall be the responsibility of the Proposer to download this information.

If you have any procedural questions in this regard, please contact the Purchasing Director or such other person otherwise designated by the Purchasing Director.

G. Management

Any contract resulting from this RFP will be between the Waterbury Land Bank Authority and the Proposer and shall be managed exclusively by the Waterbury Land Bank Authority Executive Director.

H. Conditions

The submission of a Proposal will be considered conclusive evidence that the Proposer is willing to adhere to, and is in agreement with, the following conditions, as well as all other terms, conditions and requirements of the RFP:

1. All proposals in response to this RFP are to be the sole property of the WLB. Proposers are encouraged not to include in their proposals any information which is proprietary. All materials associated with this procurement process are subject to the terms of state laws defining freedom of information and privacy and all rules, regulations and interpretations resulting from those laws.

2. Any product, whether acceptable or unacceptable, developed under a contract or purchase order awarded as a result of the RFP is to be the sole property of the WLB.

3. The timing and sequence of events resulting from this RFP will ultimately be determined by the Waterbury Land Bank Authority.

4. The Proposer agrees that the proposal will remain valid for a period of One Hundred Twenty (120) consecutive calendar days after the closing date for the proposal submission and may be extended beyond that time by mutual agreement.

5. The WLB may amend the terms or cancel this RFP any time prior to the execution of a contract or purchase order for these services if the WLB deems it to be necessary, appropriate or otherwise in the best interests of the WLB. Failure to acknowledge receipt of addendums may result in a proposal not being considered. At the option of the City’s Director of Purchasing, the WLB may provide all Proposers with a limited opportunity to remedy any technical deficiencies identified by the WLB in their initial review of proposals.

6. The Proposer must certify that the personnel identified in its response to this RFP will be the persons actually assigned to the project. Any additions, deletions or changes in personnel from the Proposal during the course of the agreement period must be approved by the WLB, with the exception of personnel who have terminated employment. Replacements for personnel who have terminated employment are subject to approval by the WLB. At its discretion, the WLB may require the removal and replacement of any of the Proposer's personnel who do not perform adequately, regardless of whether they were previously approved by the WLB.

7. All subcontractors hired by the Proposer awarded a contract as a result of this RFP must have prior approval of the WLB prior to and during the Agreement Period.

8. Any costs and expenses incurred by Proposers in preparing or submitting

Proposals are the sole responsibility of the Proposer.

9. A Proposer must be prepared to present evidence of experience, ability, financial standing, and any other information deemed necessary by the WLB to satisfactorily meet the requirements set forth or implied in the Proposal.

10. No additions or changes to the original Proposal will be allowed after submittal, except as may be allowed by the WLB, at its option, in accordance with Section H.5. of this RFP. While changes are not permitted, clarification of Proposals may be required by the WLB at the Proposer’s sole cost and expense. The final price and scope of services of any contract resulting from this RFP may be negotiated with responsible Proposers.

11. The Proposer may be required to give presentations to the extent necessary to satisfy the WLB’s requirements or needs. In some cases, Proposers may have to give presentations or further explanation to the RFP selection committee established by the WLB.

12. The Proposer represents and warrants that the Proposal is not made in connection with any other Proposer and is in all respects fair and without collusion or fraud. The Proposer further represents and warrants that it did not participate in any part of the RFP development process, had no knowledge of the specific contents of the RFP prior to its issuance, and that no agent, representative or employee of the WLB participated directly in the Proposer’s Proposal preparation.

13. The Proposer represents and warrants that it has (a) examined the RFP thoroughly, (b) familiarized itself with all Federal, State and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (c) studied and carefully correlated the Proposer’s observations and findings with the requirements of the RFP Documents.

14. All responses to the RFP must conform to instruction. Failure to include any required signatures, provide the required number of copies, to meet deadlines, answer all questions, follow the requested format, or failure to comply with any other requirements of this RFP may be considered appropriate cause for rejection of the response.

15. If a Contract is awarded as a result of this RFP, the Successful Proposer must accept the WLB’s standard agreement language (see Attachment B). Further, submission of a Proposal will constitute an incontrovertible representation by the Proposer that Proposer accepts the terms contained in Attachment B.

16. Execution of Contract and Conditions. Time is of the essence, and subsequent to a Notice of Award, if any, to the Successful Proposer, multiple unsigned copies of a Contract and all other applicable contract documents (if a Contract is awarded as a result of this RFP) will be made available to the Successful Proposer for execution. Within ten (10) consecutive calendar days, thereafter, Successful Proposer shall fully complete, execute and return all copies of the contract and all other applicable contract documents, including without limitation, acceptable certificates of insurance, a Corporate/LLC Resolution, and all required bonds to the WLB. Thereafter, upon all required reviews, approvals, and the WLB signature, the WLB will deliver one fully executed copy of the contract to Successful Proposer.

17. Should the Successful Proposer fail to timely execute and deliver the Contract, evidence of insurance, or fail to timely fulfill any other such preconditions, the WLB may, at its option and discretion, rescind the Notice of Award and thereafter negotiate with the next ranked Proposer, or may reject all Proposals.

18. Any contract or purchase order resulting from this RFP process will represent the entire agreement between the Proposer and the WLB and will supersede all prior negotiations, representations or agreements, alleged or made, between the parties.

19. The WLB shall assume no liability for payment of services under the terms of the contract until the successful Proposer is notified that the contract has been accepted and approved by the WLB. Any contract resulting from this RFP may be amended only by means of a written instrument signed by the Proposer and signed by the Executive Director of the WLB.

I. Proposal Requirements & Required Format

1. One original (clearly identified as such) and five paper copies of the Proposal, as well as a copy of the original Proposal in pdf format on a CD or flash drive, must be received at the following address no later than 11:30 AM on April 28, 2026.

Proposals received after that time shall not be considered.

Mr. Kevin McCaffery Director of Purchasing

City of Waterbury 235 Grand Street

Room 103 Waterbury, CT 06702

a. Proposals shall be submitted as directed herein. At the WLB/City’s discretion, failure to do so may result in disqualification.

b. Proposals must set forth accurate and complete information in connection with each of the items/documents listed below, and all forms shall be fully completed and properly executed, and completed in ink or typed written, with all requested contact information (name, address, etc.) provided. All required signatures and notarizations shall also be provided.

c. Proposals must be single sided, bound or stapled and Proposers shall make the requisite copies of all forms, etc., as required.

d. Proposer is solely responsible for ensuring its Proposal is received by the Director of Purchasing, at the location indicated, on or before the above-stated time and date. The City will in no way be responsible for any delays in delivery, regardless of cause.

2. Proposals must include the following items (summarized below) as part of their Proposal submission:

• Contract Compliance Documents (Attachment A)

• Non-Collusion Affidavit and Addenda Acknowledgment (Attachment C)

• Price Proposal (ATTACHMENT J)

a. Contract Compliance Documents (Attachment A)

i. Proposer shall fully complete and include as part of its Proposal submission the following Contract Compliance Documents (Attachment A):

• Certification Regarding Debarment

• Annual Statement of Financial Interests

• Disclosure & Certification Affidavit Regarding Outstanding Obligations

ii. If a Contract is awarded as a result of this RFP, the Successful Proposer shall complete and sign a Corporate/LLC Resolution, as applicable, (see Attachment A) and date it the same day the Successful Proposer signs the Contract.

b. Non-Collusion Affidavit and Addenda Acknowledgment (Attachment C)

i. Proposer shall fully complete and include as part of its Proposal submission

Attachment C addressed to Mr. Kevin McCaffery, which, in part, includes a statement by the Proposer accepting all terms and conditions and requirements contained in the RFP, as well as affirmative statement certifying that the Proposer has not colluded with any other Proposer.

ii. Proposer shall be responsible for determining that it has received all

Addenda issued and shall acknowledge receipt of all Addenda as required per Attachment C.

c. Sample Proposal Security (Attachment F)

i. Any Proposal with a Total Price Proposal of over Fifty Thousand Dollars ($50,000.00) shall be accompanied by a Proposal Security (a Certified Check or Bid Bond) in the amount of ten (10) percent of the Proposer’s Total Price Proposal.

ii. Proposer’s attention is directed to Attachment F for an example of Proposal Security acceptable to the City.

d. Proposer Qualification Statement (Attachment H)

Proposer shall fully complete and include as part of its Proposal submission the Contractor Qualification Statement (Attachment H).

e. CHRO/State Set-Aside Requirements THIS REQUIREMENT DOES NOT

APPLY TO THIS RFP

i. The contractor who is selected to perform this municipal public works project, funded in whole or part by the State, must comply with CONN. GEN.

STAT. §§ 4a-60, 4a-60a, 4a-60g, and 46a-68b through 46a-68f, inclusive, as amended by Public Act 23-204 and Public Act 25-168. An Affirmative Action Plan must be filed with and approved by the Commission on Human Rights and Opportunities prior to the commencement of construction.

ii. State law requires a minimum of twenty-five (25%) percent of the state-funded portion of the contract for award to subcontractors holding current certification from the Connecticut Department of Administrative Services (“DAS”) under the provisions of CONN. GEN. STAT. § 4a-60g, as amended.

(25% of the work with DAS certified Small and Minority owned businesses and 25% of that work with DAS certified Minority, Women and/or Disabled owned businesses.) The contractor must demonstrate good faith effort to meet the 25% set-aside goals.

iii. For municipal public works contracts, the contractor must file a written or electronic non-discrimination certification with the Commission on Human Rights and Opportunities. Forms can be found at http://www.ct.gov/opm/cwp/view.asp?a=2982&q=390928&opmNav_GID=1 806.

f. Section 3, Housing and Urban Development Act

i. Section 3 of the Housing and Urban Development (“HUD”) Act applies to all contractors or subcontractors that receive contracts with Two Hundred Thousand Dollars ($200,000.00) or more of HUD funding [such as Community Development Block Grant (CDBG) funding]. Proposer’s attention is directed to HUD Section 3 Documentation included in this RFP (Attachment K) and to Section 15 of the City’s standard agreement language (see Attachment B) for additional information regarding the requirements and application of Section 3 of the Housing and Urban Development Act.

ii. HUD Section 3 requirements apply to this Project.

iii. Proposer, therefore, shall complete and submit as part of its Proposal submission the following (see Attachment K):

• A completed Assurance Compliance Form (i.e., a completed Exhibit 4 of HUD Section 3 Documentation), and,

• An Economic Opportunity Plan in accordance with Exhibit 5 of HUD Section 3 Documentation).

g. CT-DAS Contractor Prequalification Requirements THIS REQUIREMENT

DOES NOT APPLY TO THIS RFP

If applicable, Proposers shall submit with their Proposals their DAS Contractor Prequalification Certificate along with a current Updated Bid/Proposal Statement. In addition, any named Subcontractor whose subcontract value is equal to or greater than $500,000 shall hold a current DAS Contractor Prequalification Certificate in the closest applicable Classification of the work that the Subcontractor will complete in the contract. The proposer must submit with their proposal, all applicable Subcontractor DAS Prequalification certificates. Any Proposal submitted without a copy of the DAS Prequalification Certificate and an Updated Bid/Proposal Statement for the proposal and DAS Prequalification Certificates for Subcontractors whose subcontract value is equal to or greater than $500,000 shall be invalid.

http://www.ct.gov/opm/cwp/view.asp?a=2982&q=390928&opmNav_GID=1806 http://www.ct.gov/opm/cwp/view.asp?a=2982&q=390928&opmNav_GID=1806

The Successful Proposer and each of its Subcontractors having subcontracts in value equal to or greater than $500,000 shall maintain and keep current their respective DAS Contractor Prequalification Certificates at all times during the term of the Contract and any warranty period set forth in the Contract Documents.

3. Exceptions and Alternatives, Expected City Services

Proposals may, at Proposer’s discretion, contain the following:

1. Exceptions and Alternatives. Proposers wishing to take any exceptions or provide alternatives to certain provisions and/or requirements of the RFP shall state and explain such exceptions/alternatives; however, no exceptions or alternatives to the WLB’s standard agreement language (see Attachment B), will be considered.

a. The WLB may accept Proposals which take exception to any requirements in this RFP, or which offer any alternative to a requirement herein as well as consider such exceptions and alternatives in evaluating Proposals. Any exception or alternative must be clearly delineated referencing the specific provision(s) and/or items at issue (plus, include pricing information, where appropriate) and cannot impermissibly affect the substance of this RFP. Further, the volume of exceptions/alternatives taken will be a consideration in evaluation of Proposer’s Proposal.

b. The WLB, in its sole discretion, may accept some or all of the proposed exceptions, alternatives or additions or reject same. Any exception, alternative or addition that has not been accepted by the WLB in writing is deemed rejected.

2. Anticipated services to be provided by the WLB. Identify the nature and scope of the services that would be generally required in undertaking this project.

3. The taking of any exception or proposing of any alternative or addition, as well as the identification of any anticipated services by the City/WLB, is not binding on the WLB, legally or otherwise, and in no way gives rise to any contractual relationship or rights, express or implied, between the WLB and the Proposer.

4. Cost Schedule. Proposals shall include a single price for work to be performed in accordance with this RFP, inclusive of all personnel and non-personnel expenses, as per Attachment J. This price should encompass the entire Scope of Services in this RFP. The City reserves the right to negotiate costs, scope of services, and key personnel based on provider proposals. In order for the City to evaluate the proposed cost, proposers must include for each element in the Work Plan outlined in Section I.3.b. above, the staff, hours, hourly rates and the total cost. Include details generally associated with non-personnel costs as an additional cost section.

Since WLB may desire to consider the proposer’s experience, qualifications, statement of work, and other aspects of the RFP prior to the Cost Proposal, the Cost Proposal shall be sealed in a separate envelope marked “Confidential:

Cost Proposal”.

Note: WLB is exempt from the payment of excise, transportation and sales taxes imposed by the Federal Government and/or the State. Such taxes must not be included in prices.

J. Evaluation of Proposals; Selection Process

1. Evaluation Criteria

The following criteria are expected to be among those utilized in the selection process. They are presented as a guide for the Proposer in understanding the WLB requirements and expectations for this project and are not necessarily all inclusive or presented in order of importance.

a. Quality, completeness and responsiveness of Proposal;

b. Qualifications, experience, expertise and capabilities of the Proposer;

c. The extent to which the goods or services meet the WLB’s needs;

d. Ability to provide Services as required;

e. Ability to comply with the required timeline for delivery of services or goods;

f. Adequate financial resources for performance, including bonding capacity;

g. Proposer’s references/satisfactory record of past performance, and

h. Competitiveness of Proposer’s Price Proposal.

2. Selection Process

a. The WLB will have the Proposals evaluated by a Selection Committee as part of the selection process. If deemed necessary, the WLB reserves the right to arrange for interviews/oral presentations as part of the selection process.

b. The Successful Proposer shall, if requested by the WLB, provide the WLB with an updated/revised Price Proposal, scope of services and schedule of performance.

K. Rights Reserved

1. The WLB reserves the right to award in part, to reject any and all Proposals in whole or in part for misrepresentation or if the Proposer is in default of any prior WLB contract, or if the Proposal impermissibly limits or modifies any of the terms and conditions and/or specifications of the RFP. The City/WLB also reserves the right to waive technical defects, irregularities and omissions if, in its judgment, the best interest of the WLB will be served.

2. Nothing in this RFP shall require that the WLB accept the lowest Price

Proposal. Instead, the WLB reserves the right to base its decision solely, in its own judgment, on what it determines to be in the best interest of the WLB.

3. The WLB reserves the right, in its sole discretion, to reject any Proposal, in whole or in part, based upon Proposer’s prior history with the WLB or with any other party that demonstrates, without limitation, failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts or purchase orders or significant failure(s) to meet contractual obligations or if the Proposal is nonresponsive or contains pricing that is abnormally low or high or if it appears unrealistic in terms of technical commitment, shows a lack of technical competence, or indicates a failure to comprehend the risk and complexity of a potential contract or the underlying project.

L. Federal, State and Local Employment Requirements

1. The Successful Proposer must meet all local, State, and Federal affirmative action and equal employment opportunity practices and requirements.

2. This agreement is for services related to a project that is subject to the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58. Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States, as further outlined by the Office of Management and Budget’s Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18, 2022.

Contractor certifies that it is familiar with all laws and regulations that may affect costs, progress, and performance of the work, including BABAA requirements.

a) Instructions to Contractors

Any request for substitute or “or equal” shall include a Manufacturer’s Certification of compliance with Build America, Buy America Act (BABAA) requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub.

L. 177-58.

b) General or Supplemental Conditions

Definitions Section:

Build America, Buy America Act (BABAA) – Requirements instituted by the Bipartisan Infrastructure Law of 2021 mandating domestic preference that all iron and steel, manufactured products, and construction materials are produced in the United States.

Construction Materials – Those articles, materials, or supply – other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives – that are or consist primarily of: non-ferrous metals, plastic and polymer-based products, glass, lumber or drywall.

Manufactured Product – Items assembled out of components, or otherwise made or processed from raw materials into finished products. Manufactured products must be manufactured (assembled) in the United States, and the cost of components that were mined, produced, or manufactured in the United States must be greater than 55 percent of the total cost of all components of the project.

Manufacturer’s Certification – Documentation provided by a Manufacturer, certifying that the items provided by Manufacturer meet the domestic preference requirements of BABAA.

Contractor’s Responsibilities Section:

All products must meet BABAA requirements.

Contractor shall include Manufacturer’s Certification for BABAA requirements with all applicable submittals. If a specific manufacturer is used in the bidding, a statement that each applicable Manufacturer will comply with BABAA, must be included with the bid submission. Contractor shall comply with BABAA requirements, including coordination with manufacturers, distributors, and suppliers to correct deficiencies in any BABAA requirements and documentation.

Engineer/Architect approval of shop drawings or samples shall include review of BABAA documentation.

Contractor shall certify upon completion that all work and materials have complied with BABAA requirements.

For any change orders, Contractor shall provide BABAA compliant documentation for any new products or materials required by the change.

Installation of materials or products that are not compliant with BABAA requirements shall be considered defective work. An approved Manufacturer’s Certification or waiver prior to items being delivered to the project site is required.

By submitting an application for payment, based in whole or in part on furnishing equipment or materials, Contractor certifies that such equipment and materials, to contractor’s knowledge, are compliant with BABAA requirements.

Domestic Preference: Iron and steel products, Manufactures Products, and Construction Materials used in this project comply with the Build America, Buy America Act (BABAA) requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58.

M. Performance and Payment Bonds

A. The Proposer to whom a contract is offered, must furnish to the City/WLB, if that contract has a total cost greater than Fifty Thousand Dollars ($50,000.00), a 100 percent Performance Bond and a 100 percent Payment Bond each with a surety company acceptable to the City and in a form acceptable to the City.

N. Prevailing Wages NOT APPLICABLE

State Prevailing Wages – NOT APPLICABLE Davis-Bacon (Federal) Prevailing Wages –NOT APPLICABLE

O. Additional Federal Policy Requirements

1. The Proposer shall not use grant funds to promote “gender ideology”, as defined in Executive Order (E.O.) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government;

2. The Proposer understands that Waterbury Land Bank has agreed that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the U.S. Government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code. Accordingly, Proposer certifies that it will comply with all applicable Federal anti-discrimination laws;

3. The Proposer certifies that it does not operate any programs that violate any applicable Federal anti-discrimination laws, including Title VI of the Civil Rights Act of 1964;

4. The Proposer shall not use any grant funds to fund or promote elective abortions, as required by E.O. 14182, Enforcing the Hyde Amendment;

5. The Proposer must conduct its work in accordance with all applicable immigration restrictions and requirements, including the eligibility and verification requirements that apply under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended (8 U.S.C. 1601-1646) (PRWORA) and any applicable requirements that HUD, the Attorney General, or the U.S. Citizenship and Immigration Services may establish from time to time to comply with PRWORA, Executive Order 14218, or other Executive Orders or immigration laws;

6. The Proposer will not use any monies paid under the contract 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 statutes and regulations.

P. City SAMPLE Payment Application Forms

Sample Payment Application forms (see Attachment I) are attached for the Proposer’s use. Payment Applications for completed work must be submitted, in such numbers of copies as may be designated by the City, utilizing these forms. Alternate payment application forms may be utilized provided they are approved by the City, in writing, by the City. Successful Proposer is to furnish a draft copy of completed forms for review and approval by the City prior to submitting any invoices.

END OF SECTION

Index of Attachments:

Attachment A - Contract Compliance Docs

Attachment B - Sample Contract

Attachment C- Non-Collusion Affidavit and Addenda Acknowledgment

Attachment D - Insurance Requirements

Attachment E- Property Information

Attachment F - Sample Proposal Security

Attachment G - Project Information and Drawings

Attachment H - Proposer Qualification Statement

Attachment I - Sample Payment Application forms

Attachment J - Price Proposal

Attachment K - HUD Section 3 Documentation

Attachment L - HU D's Grant Guide (Section 3.1 and 3.2)

Attachment M - Non-Mandatory Meeting ZOOM Credentials

CITY OF WATERBURY

ANNUAL STATEMENT OF FINANCIAL INTERESTS (Calendar Year 202__) Persons or Entities Conducting Business with the City d:\attach-a-annual statement of financial interests.doc 1

I. Outstanding Purchase Orders of Contracts with the City

A. Contracts

No Contracts with the City

(Service or Commodity Covered by Contract)

(Term of Contract)

(Service or Commodity Covered by Contract)

(Term of Contract)

(Service or Commodity Covered by Contract)

(Term of Contract)

FILL IN AND RETURN WITH YOUR SUBMISSION

Persons or Entities Conducting Business with the City d:\attach-a-annual statement of financial interests.doc 2

B. Purchase Order(s).

No Purchase Order(s) with the City

(Service or Commodity Covered by Purchase Order)

(Date of Purchase Order)

(Service or Commodity Covered by Purchase Order)

(Date of Purchase Order)

(Service or Commodity Covered by Purchase Order)

(Date of Purchase Order)

Persons or Entities Conducting Business with the City d:\attach-a-annual statement of financial interests.doc 3

II. Financial Interest Disclosure (Public Officials, Employees or Board and Commission Members with interest in

Person or Entity Conducting Business with the City)

No Officials, Employees or Board and Commission Members with Financial Interest

(Name of Official)

(Position with City)

(Nature of Business Interest) (e.g. Owner, Director etc…)

Interest Held By:

Self Spouse Joint Child

(Name of Official)

(Position with City)

(Nature of Business Interest) (e.g. Owner, Director etc…)

Interest Held By:

Self Spouse Joint Child d:\attach-a-annual statement of financial interests.doc 4

1. I certify that this Annual Statement of Financial Interests is a complete and accurate statement of those matter required to be disclosed by me pursuant to §39.061 of the Code of Ordinances.

2. I understand that if I fail to file an Annual Statement (or amendment thereto) or an inaccurate Statement I will be in violation with Chapter 39 of the Code of Ordinance and, thereby, subject to the remedies set forth in §§38.71 and

39.101 of said Code.

3. I understand that I must file with the City Clerk, within fifteen (15) days following any reportable occurrence, any amendments to the Annual Statement.

I have read and agree to the above certification.

(Name of Company, if applicable)

Signature of Individual (or Authorized Signatory) Date

Print or Type Name and Title (if applicable)

DELIVERED By Mail Hand-Delivered

DISCLOSURE AND CERTIFICATION AFFIDAVIT REGARDING OUTSTANDING

OBLIGATIONS TO THE CITY OF WATERBURY

For the purposes of this Disclosure of Outstanding Financial Obligations, the following definitions apply:

(a) “Contract” means any Public Contract as defined below.

(b) "Person” means one (1) or more individuals, partnerships, corporations, associations, or joint ventures.

(c) “Public Contract” means any agreement or formal commitment entered into by the city to expend funds in return for work, labor, services, supplies, equipment, materials or any combination of the foregoing, or any lease, lease by way of concession, concession agreement, permit, or per agreement whereby the city leases, grants or demises property belonging to the city, or otherwise grants a right of privilege to occupy or to use said property of the city.

(d) “City” means any official agency, board, authority, department office, or other subdivision of the City of Waterbury.

State of_____________________________

SS.:___________________

County of___________________________

_____________________________________________________, being first duly sworn, deposes and says that:

1. I am the owner, partner, officer, representative, agent or ___________________ of __________________________(Contractor’s Name), the Contractor that has submitted the attached agreement.

2. I am fully informed respecting the preparation and contents of the attached Agreement and of all pertinent circumstances respecting such Agreement;

3. That as a person desiring to contract with the City (check all that apply):

____ The Contractor and each owner, partner, officer, representative, agent or affiliate of the Contractor has filed a list of taxable personal property with the City of Waterbury for the most recent grand list, as required by Conn.

Gen. Stat. §12-42.

____ Neither the Contractor nor any owner, partner, officer, representative, agent or affiliate of the Contractor are required to file a list of taxable personal property with the City of Waterbury for the most recent grand list, as required by Conn. Gen. Stat. §12-42.

____ Neither the Contractor nor any owner, partner, officer, representative, agent or affiliate of the Contractor either directly or through a lease agreement, owes back taxes to the City of Waterbury

OBLIGATIONS TO THE CITY OF WATERBURY

____ Neither the Contractor nor any owner, partner, officer, representative, agent or affiliate of the Contractor either directly or through a lease agreement, has any other outstanding obligations to the City of Waterbury

4. The following list is a list of the names of all persons affiliated with the business of the Contractor, if none state none. Use additional sheet if necessary (Must be on company letterhead and notarized):

Name Title Affiliated Company (if none state NONE)

Service or

Material

DOB

5. That as a person desiring to contract with the City:

(a) The Contractor or an owner, partner, officer, representative, agent or affiliate of the Contractor provides, or has provided, services or materials to the City within one (1) year prior to the date of this disclosure, if none, state none.

Use additional sheet if necessary (Must be on company letterhead and notarized):

Name Title Affiliated Company (if none state NONE)

Service or

Material

DOB

(b) The Contractor possesses an ownership interest in the following business organizations, if none, state none. Use additional sheet if necessary (Must be on company letterhead and notarized) :

Organization Name

Address Type of Ownership

(c) The following persons possess an ownership interest in the Contractor. If the Contractor is a corporation, list all of the officers of the corporation and the names of each stockholder whose shares exceed twenty-five

OBLIGATIONS TO THE CITY OF WATERBURY

(25) percent of the outstanding stock, if none, state none. Use additional sheet if necessary (Must be on company letterhead and notarized):

Name Title DOB Stock %

(d) Of the following of the affiliates, individuals or business entities identified in this affidavit, list each that owns, owned, or within one (1) year prior to the date of this disclosure has owned, taxable property situated in the City of Waterbury, if none state none. Use additional sheet if necessary (Must be on company letterhead and notarized):

Name Title Affiliated Company (if none state NONE)

Address DOB

(e) If the Contractor conducts business under a trade name, the following additional information is required: the place where such entity is incorporated or is registered to conduct such business; and the address of its principal place of business, if none, state none:

TRADE NAME PLACE OF INCORPORATION/REGISTRY PRINCIPAL

PLACE

OF BUSINESS

I hereby certify that the statements set forth above are true and complete, and I understand that any incorrect information or omission of information from this affidavit may result in the immediate termination of the Contractor’s agreement with the City of Waterbury.

For Partnership/Sole Proprietor

In presence of:

Witness Name of Partnership/Business

OBLIGATIONS TO THE CITY OF WATERBURY

By: ______________________________ Name of General Partner/ Sole Proprietor

Address of Business

State of _____________________ )

) SS

County of ____________________ )

______________________________________________ being duly sworn, Deposes and says that he/she is _____________________ of _____________ and that he/she answers to the foregoing questions and all statements therein are true and correct.

Subscribed and sworn to before me this _________ day of _________ 202_.

(Notary Public)

My Commission Expires: ________________________________

For Corporation

Witness Name of Corporate Signatory

Address of Business

Affix Corporate

Seal

By:__________________________________ Name of Authorized Corporate Officer

Its:_____________________________ Title

OBLIGATIONS TO THE CITY OF WATERBURY

State of _____________________ )

) SS

County of ____________________ )

______________________________________________ being duly sworn, deposes and says that he/she is _____________________ of _____________ and that he/she answers to the foregoing questions and all statements therein are true and correct.

Subscribed and sworn to before me this _________ day of _________ 202__.

(Notary Public)

My Commission Expires: ________________________________

SAMPLE

CONSTRUCTION CONTRACT

RFP 8632

For

THE W.O.W. NEIGHBORHOOD REVITALIZATION PROJECT

Between

The Waterbury Land Bank Authority and

[Contractor Name]

THIS CONTRACT, effective on the ____ day of __________, 2026, is by and between The Waterbury Land Bank Authority, 207 Bank Street, Third Floor, Waterbury, CT 06702 (the "Owner") and [Contractor Name] a _____________organized and existing pursuant to the laws of the State of _______, with an address of [Address] (the "Contractor").

WITNESSETH THAT:

WHEREAS, the Owner has received funding from HUD via the CT State Congressionally Directed Spending Initiative (“CDS”) FY 2024 to construct two (2) duplex housing units on two independent but contiguous parcels located at 234 and 238 Orange Street located within the W.O.W. (Walnut Orange Walsh) Neighborhood within the City of Waterbury.

(the "Project"); and

WHEREAS, the City and the Owner have entered into an Assistance Agreement (the "Assistance Agreement") to further assist the Waterbury Land Bank with neighborhood revitalization efforts in the amount of Three Hundred Thousand Dollars ($300,000.00), dated ______, which Agreement is incorporated herein by reference, and which provides, inter alia, that the Project shall be bid through the City; and

WHEREAS, the U.S. Department of Housing and Urban Development and the Owner have entered into a Federal Award Agreement (the “Award Agreement”) to further assist the Waterbury Land Bank with neighborhood revitalization efforts in the amount of One Million Forty-Five Thousand Dollars ($1,045,000.00), dated _________, which Agreement is incorporated herein by reference, and which provides, inter alia, that the Project shall be bid through the City; and

WHEREAS, the Contractor submitted a bid to the City for the Project in response to Request for Proposal ("RFP") Number 8632; and, WHEREAS, the City accepted the Contractor's bid for RFP Number 8632; and

WHEREAS, the Owner desires to obtain the Contractor's services pursuant to the terms set forth in this Contract.

NOW, THEREFORE, in consideration of the mutual obligations, covenants, and promises of the parties herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the Contractor hereby covenant and agree as follows:

1. Scope of Services. The Contractor shall furnish all of the labor, services, equipment, materials, supplies, transportation, and incidentals necessary to complete the Project as specified in this Agreement (also referred to herein as "Contract") and such shall be completed in a satisfactory manner, as reasonably determined by the Owner. All labor, services, equipment, materials, supplies, transportation, and incidentals shall comply with (i) any and all applicable local, state and federal laws, statutes, ordinances, rules and regulations, including without limitation all notice requirements thereunder, and (ii) generally accepted professional standards.

1.1 The Project consists of the construction of two (2) duplex housing units on two independent but contiguous parcels located at 234 and 238 Orange Street located within the W.O.W. (Walnut Orange Walsh) Neighborhood within the City of Waterbury as detailed and described in the Bid Documents in Attachment A. Attachments A-D and are hereby made material provisions of this Contract and shall consist of the following, which are attached hereto, are acknowledged by the Contractor as having been received, or otherwise hereby incorporated by reference as noted below, and all are made a part hereof:

Attachment "A" shall consist of the following:

- Project plans, specifications, drawings, supplemental conditions

- Bid Forms, including the Bid documents and the Contractor's responses

- Bid Addenda, dated _______;

- Any and all amendment(s) and Change Orders, issued by the Owner after execution of

Contract (incorporated by reference)

- Performance Bond and Payment Bond

- Certificates of Insurance

- Department of Environmental Protection Regulations (CWF-1 through CWF-32) (incorporated by reference)

- All applicable Federal, State and local statutes, regulations charter and…