1-4481 TMP2025-5 Pedestrian Access Enhancements on Dr. Martin Luther King Jr. Drive at Hamilton Ave FINAL.pdf

INDEX TO SPECIAL PROVISIONS

This index has been prepared for the convenience of those using this contract with the sole express purpose of locating quickly the information contained herein; and no claims shall arise due to omissions, additions, deletions, etc. as this index shall not be considered part of this contract.

INVITATION FOR CONSTRUCTION

ITEMIZED PROPOSAL

STATEMENT OF NON-COLLUSION

BID BOND FORM

PERFORMANCE BOND FORM

LABOR AND MATERIAL BOND FORM

BIDDER’S QUALIFICATION STATEMENT

SAMPLE CONTRACT AGREEMENT

SAMPLE NOTICE OF AWARD

SAMPLE NOTICE TO PROCEED

SPECIAL PROVISIONS

Scope of Work

Contract Time and Liquidated Damages

NOTICE TO CONTRACTOR

Base Plan Information

Cooperation of the Contractor

Protection of Utilities and Property

Public Safety and Convenience

Procurement of Materials

Disposal of Surplus Excavated Materials

Sequence of Work

Manufacturer Warrantees

Trenching

Conduit Pull Rope/Cord

Traffic Drums and Traffic Cones

Sign Inventory

Notice to Proceed

NTC – NCHRP 350 Req. for Work Zone Traffic Control Devices

NTC – TITLE 49 REQUIREMENTS

NTC- Labor and Employment Regulations

NTC - Non-Resident Contractors

GENERAL REQUIREMENTS AND COVENANTS

Section 1.02 – Proposal Requirements and Conditions

Section 1.04 – Scope of Work

Section 1.05 – Control of the Work

Section 1.06 – Control of Materials

Section 1.07 – Legal Relations and Responsibilities

Section 1.08 – Prosecution and Progress

INDEX (CONT.)

SPECIFICATIONS

SECTION 1.08 – PROSECUTION AND PROGRESS

SECTION M.04 – BITUMINOUS CONCRETE

ITEM NO. 0201001A – CLEARING AND GRUBBING

ITEM NO. 0213012A – GRANULAR FILL

ITEM NO. 0213013A – ¾” CRUSHED & WASHED STONE BASE

ITEM NO. 0216012A – CONTROLLED LOW STRENGTH MATERIAL

ITEM NO. 0202452A – TEST PIT

ITEM NO. 0202911A – CONDITION SURVEY

ITEM NO. 0406002A-TEMPORARY PAVEMENT REPAIR

ITEM NO. 0406005A – PERMANENT PAVEMENT REPAIR (Local Road)

ITEM NO. 0506001A – CONCRETE FOR RETAINING WALLS, STEPS AND COPINGS

ITEM NO. 0506002A – SEGMENTAL BLOCK RETAINING WALL – CAP BLOCK

ITEM NO. 0506003A – SEGMENTAL BLOCK RETAINING WALL

ITEM NO. 0506004A—MODIFICATIONS AND REPAIRS TO CONCRETE

ITEM NO. 0814001A – RESET STONE CURBING

ITEM NO. 0910001A – TOP MOUNTED BALUSTER RAIL WITH HANDRAIL

ITEM NO. 0910002A – WALL MOUNTED HANDRAIL

ITEM NO. 0910003A—TOP MOUNTED HANDRAIL ON EXISTING WALL

ITEM NO. 0921001A – CONCRETE SIDEWALK

ITEM NO. 0924007A – HANDICAP RAMPS (ADA COMPLIANT)

ITEM NO. 0944001A – FURNISHING AND PLACING TOPSOIL

ITEM NO. 0970006A – TRAFFICPERSON (MUNICIPAL POLICE OFFICER)

ITEM NO. 0970007A – TRAFFICPERSON (UNIFORMED FLAGGER)

ITEM NO. 0971001A – MAINTENANCE AND PROTECTION OF TRAFFIC

ITEM NO. 0980003A – PROJECT SURVEY AND STAKEOUT

ITEM NO. 1001001A – TRENCHING AND BACKFILLING

ITEM NO. 1002103A – LIGHT STANDARD FOUNDATION

ITEM NO. 1002300A – LIGHT STANDARD

ITEM NO. 1005600A – LUMINAIRE

ITEM NO. 101001A—17x30 HANDHOLE AND COVER

ITEM NO. 1017100A – SERVICE ENTRANCE AND ELECTRICAL DISTRIBUTION SYSTEM PEDESTAL

CABINET

ITEM NO. 1220011A – CONSTRUCTION SIGNS – TYPE III REFLECTIVE SHEETING

APPENDIX A TO SPECIAL PROVISIONS FOR PEDESTRIAN ACCESS ENHANCEMENTS SNEW

REGULATIONS AND REQUIREMENTS

APPENDIX BTO SPECIAL PROVISIONS FOR PEDESTRIAN ACCESS ENHANCEMENTS BORING

LOGS AND TEST PIT DATA

NTC – CONTRACTOR TRAINING REQUIREMENTS FOR 10 HOUR OSHA CONSTRUCTION

SAFETY

NTC – BIDRIGGING AND/OR FRAUDS

NTC – VEHICLE EMISSIONS

GENERAL PROVISIONS

SUPPLEMENTAL SPECIFICATIONS TO FORM 818

FORMS

CONTRACTOR’S PROPOSED PROGRESS CHART

STATE OF CONNECTICUT GENERAL STATUTE SECTION 31-57B CERTIFICATE OF

COMPLIANCE

CON-83 ANTICIPATED SOURCE OF MATERIALS

FORM AU-766 GUARANTEE BOND

APPENDIX B - SNEW REGULATIONS AND REQUIREMENTS

APPENDIX A – BORING LOGS AND TEST PIT DATA

Appendix 1 – Figures

Appendix 2 - Logs

STATE WAGE RATES

PROJECT PLANS (SEPARATE COVER)

INVITATION FOR CONSTRUCTION

PROJECT: TMP 2025-5 PEDESTRIAN ACCESS ENHANCEMENTS ON DR. MARTIN LUTHER

KING JR. DRIVE AT HAMILTON AVENUE

Sealed bids will be received at the Purchasing Department at Norwalk, CT City Hall, Room 211, 125 East Avenue, PO Box 5125, Norwalk, Connecticut 06856-5125, for project: TMP2025-5-PEDESTRIAN ACCESS ENHANCEMENTS ON DR. MARTIN LUTHER KING JR. DRIVE AT HAMILTON AVENUE until 2:00 PM on Thursday, December 11th 2025 at which time and place said bids will be opened publicly and read aloud. Please use a courier service to deliver the submission to the address listed by the due date and time.

Also, please upload an electronic copy to Bonfire by 2:00 P.M. on Tuesday, December 9th, 2025.

Per the City of Norwalk Purchasing Guidelines, bids shall be publicly opened by the Purchasing Agent or designee, in the presence of one or more witnesses at the time and place designated in the Invitation for Construction. The amount of each bid, and such other relevant information as may be specified by the bid, together with the name of each bidder shall be recorded; the record and each bid shall be open to public inspection.

Access Number: (866) 640-4044 or (678) 302-3554 Participant Code: 968 704

SUBMISSION OF BID

The City of Norwalk is requiring an electronic submission along with a hard copy submission. The City of Norwalk has the right to reject any submission that does not meet these criteria.

All electronic submissions must be submitted in Bonfire no later than 2:00 P.M. on Tuesday December 9th, 2025.

All sealed hard copy bids shall be submitted and received by the City of Norwalk's Purchasing Department no later than Thursday, December 11th, 2025 at 2:00 P.M. at the address listed below:

City of Norwalk Purchasing Department 125 East Avenue, Room 211 Norwalk, CT 06856-5125

Contract documents may be obtained from the City of Norwalk's electronic procurement bidding system.

A complete copy of the bid documents is available online through the City of Norwalk's website www.norwalkct.gov via the Department of Purchasing and Central Services. Plans, specifications, and addenda will be present in pdf format. It is the responsibility of the prospective bidder to review all sheets of the set, all specification pages, and any addenda issued.

The Contractor shall be responsible for checking the City of Norwalk's website for any addenda issued prior to the date of the bid opening. All addenda will be posted no later than 4 days prior to bid opening. Any questions regarding the bid specifications shall be directed via e-mail to cmegaro@norwalkct.gov no later than 2:00 PM on Tuesday November 25th, 2025. Please include the Project Number and Project Title in the subject line.

The contractor who is selected to perform this State project must comply with CONN. GEN. STAT. §§ 4a-60, 4a-60g, and 46a-68b through 46a-68f.

State law requires a minimum spending allocation goal 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. (25% of the total state-funded value with DAS-certified Small Businesses and 6.25% of the total state-funded value with DAS-certified Minority-, Women-, and/or Disabled-owned Businesses.) The contractor must demonstrate good faith effort to meet the spending allocation goals.

All bidders are required to inform themselves fully regarding all conditions impacting the construction of the Project described herein. This responsibility shall include carefully examining the plans, specifications, and all other requirements for the project, including the contract documents, as well as personally inspecting the location of the Project and all conditions impacting the work to be performed, together with the local sources of labor, supplies and materials. Each bidder must understand the conditions impacting the required performance of the work. All claims of any misunderstanding or lack of information regarding any of the foregoing shall be waived as a result of the responsibilities hereunder.

The City of Norwalk hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority and disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation, and that they will not be discriminated against on the grounds of race, color, national origin, or sex, in consideration for an award.

All bids must include the following documentation:

• A certified check or bid bond in the amount of 15% of the total bid amount. All checks and bonds posted will be returned to unsuccessful bidders upon the award of the contract.

• Bidders Qualification Statement - signed and notarized on behalf of the bidder (Form Included in Proposal Pages)

• A sworn statement/affidavit on behalf of the bidder certifying that the bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with contract to be awarded. (part of bid proposal form)

Out of State Contractors will be required to provide proof of complying with Connecticut Department of Revenue Services Form AU-766 (See Special Notes and Appendix Exhibit 1) prior to contract signing.

The successful bidder will be required to furnish a performance bond and a labor and materials bond for the total amount bid. A certified check cannot be substituted for either bond. The City of Norwalk will base award of contract on lowest responsible bidder. The City of Norwalk reserves the right to alter quantities and to reject any or all bids for any or no reason, including minor informalities and unavailability of appropriated funds as it may deem to be in its best interests.

All bidders are requested to note that the award of this Contract is subject to the following conditions and contingencies:

1. The approval of such governmental agencies as may be required by law.

2. The appropriation of adequate funds by the proper agencies.

Bidders are requested to refer to the Hold Harmless Statement located on Page 12 in section 17 of the State of CT DECD Building, Contracting, and Construction Guidelines for State Programs https://portal.ct.gov/-/media/decd/community-development/documents/construction_pm/2019-bidding-contracting--construction-guidelines.pdf?rev=7fb7cc8b0f6f461191480cec0e542d1d&hash=2D904DDE53A10B35525FC7812745B1C1

102-19 ITEMIZED PROPOSAL

For Constructing

PROJECT: TMP 2025-5 PEDESTRIAN ACCESS ENHANCEMENTS ON DR.

MARTIN LUTHER KING JR. DRIVE AT HAMILTON AVE

The Work Proposed Herein Must be Completed within 120 Calendars Days of Notice to

Proceed.

Honorable Mayor and Members of the Common Council of the City of Norwalk, Connecticut

In submitting this bid the undersigned declares that he and the entity on behalf of which this bid is made is or they are the only person or persons interested in the said bid; that the bid is made without any connection with any person making another bid for the same contract; that the bid is in all respects fair and without collusion, fraud or mental reservation; and that no official of the City, or any person in the employ of the City is directly or indirectly interested in said bid or in the supplies or work to which it relates, or in any portion of the profits thereof.

The undersigned also hereby declares that he has, either for himself or on behalf of the entity he represents carefully examined the plans, specifications, and form of contract, for this project has personally inspected the actual location of the work together with the local sources of supply, and is satisfied as to all the quantities and conditions, and understands that in signing this proposal he or the entity that he represents waives all rights to plead any misunderstanding regarding the same.

The undersigned further understands and agrees that he is to furnish and provide for the respective item price bid all the necessary material, machinery, implements, tools, labor, services, and other items of whatever nature, and to do and perform all the work necessary under the aforesaid conditions, to complete the improvements of the aforementioned Project, which plans and specifications it is agreed are a part of this proposal, and to accept in full compensation therefore the amount of the summation of the products of the approximate quantities multiplied by the unit prices bid. This summation will hereinafter be referred to as the gross sum bid.

The undersigned further understands that this project does not have a Disadvantaged Business Enterprise (DBE) requirement as certified by the Connecticut Department of Transportation.

The values and costs submitted in this proposal shall include the value of all work included in the plans and specifications including, specifically, all work that may be performed by subcontractors.

The undersigned further agrees to accept the aforesaid unit bid prices in compensation for any additions or deductions caused by variation in quantities due to more accurate measurement, or by any changes or alterations in the plans or specifications of the work and for use in the computation of the value or the work performed for monthly estimates.

Every proposal must be accompanied by a certified check or bank cashier's check or bid bond payable to the City of Norwalk in the amount of fifteen (15) percent of the bid.

Accompanying this proposal is a certified check or bank cashier's check or bid bond payable to the City of Norwalk in the amount of $ . In case this proposal shall be accepted by the City of Norwalk, and the undersigned shall fail to execute the contract, the monies represented by such certified check or bank cashier's check or bid bond shall be regarded as liquidated damages and shall be forfeited and become the property of the City of Norwalk. Said checks or bid bonds shall be returned to the unsuccessful bidders upon the Award of Contract.

When work is required in which no specific payment item is listed in the Proposal Form the cost of such work shall be included in the unit prices bid.

Within ten calendar days from the date of a notice of acceptance of this proposal, the undersigned agrees to execute the Contract and to furnish to the City a satisfactory “Faithful Performance Bond” and Labor and Material Bond” in the amount of 100% of the contract price.

All work to be performed under the Contract shall be completed within the time stated in the Agreement for the project or within such extended time for completion as may be granted by the Director of Public Works.

As a condition of the contract award, the successful bidder shall provide proof, from the Connecticut Secretary of State’s office, of its current authorization to do business in Connecticut. All Connecticut corporations must provide a Certificate of Good Standing from the Secretary of State’s Office. All foreign (out of State) corporations shall provide a valid license to do business in Connecticut, in the form of a current Certificate of Authority from the Secretary of State’s office and evidence of compliance with the bond requirements of the Connecticut Department of Revenue Services. These documents must be presented within thirty (30) days from the date of the bid opening.

Bidder acknowledges receipt of the Addenda listed below and further acknowledges that the provisions of each Addendum have been included in the preparation of this bid.

Addendum No. Date Received Addendum No. Date Received

COMPANY NAME (BIDDER):

Address of Bidder:

Contact Person: _______________________________________________

Phone Number: Area Code (________)______________________________________

E-mail: _____________________________________________________

STATEMENT OF NON-COLLUSION

By submission of this bid each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bidder each party certifies as to its own organization under penalty of perjury, that to the best of knowledge and belief:

A.) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor.

B.) Unless otherwise required by law, the prices, which have been quoted in this bid, have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to the bid opening, directly or indirectly, to any other bidder or to any competitor.

C.) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not submit a bid for the purpose of restricting competition.

I hereby sign this document acting within my authority as a duly authorized representative of the named bidder. By signing below that I certify, affirm and acknowledge that the information set forth in this document is true, accurate and complete to the best of my information and knowledge.

Signature of Bidder: ____________________________________ Dated: ___________

Note: The Bidders signature must be notarized to be a responsive Bid!

Notary Public

Date

Name and Addresses of Members of the Firm:

Project Number: MLK 2025-5

Project: PEDESTRIAN ACCESS ENHANCEMENTS ON DR. MLK DRIVE AT HAMILTON AVENUE

PROPOSAL Page 1 of 9 CONTRACTOR'S NAME:

ITEM NUMBER QUANTITY UNIT PRICE IN WORDS UNIT PRICE AMOUNT BID

0201001A 1

CLEARING AND GRUBBING

per LUMP SUM

0202000 30

EARTH EXCAVATION

per CUBIC YARD

0202100 30

ROCK EXCAVATION

per CUBIC YARD

0202452A 1 TEST PIT

per EACH

0202509 25

SAWCUT CONCRETE

per LINEAR FOOT

0202911A 1 CONDITION SURVEY

per LUMP SUM

PROPOSAL Page 2 of 9 CONTRACTOR'S NAME:

ITEM NUMBER QUANTITY UNIT PRICE IN WORDS UNIT PRICE AMOUNT BID

0213012A 15

GRANULAR FILL

per CUBIC YARD

0216000 35

PERVIOUS STRUCTURE BACKFILL

0216012A 15

CONTROLLED LOW STRENGTH MATERIAL

SEDIMENTATION CONTROL FILTER -

0219003 25 FABRIC FENCE

per LINEAR FOOT

CUT BITUMINOUS PAVEMENT

0202529 60

0406002A 10

TEMPORARY PAVEMENT

per SQUARE YARD

PROPOSAL Page 3 of 9 CONTRACTOR'S NAME:

0406005A 70 PERMANENT PAVEMENT REPAIR (Local Road)

CONCRETE FOR RETAINING WALLS, STEPS

0506001A 25 AND COPINGS

SEGMENTAL BLOCK RETAINING WALL

-CAP BLOCK

0506002A 23 per EACH

SEGMENTAL BLOCK RETAINING WALL

0506003A 7

0506004A 1

MODIFICATIONS AND REPAIRS TO CONCRETE

PROPOSAL Page 4 of 9 CONTRACTOR'S NAME:

0602000 3400

DEFORMED STEEL BARS

per POUND

0602006 1300

DEFORMED STEEL BARS – EPOXY COATED

per POUND

0703012 1

MODIFIED RIPRAP

6” HDPE PERFORATED PIPE

0751453 40 _______________________________ per LINEAR FEET

0813001 20

5” GRANITE STONE CURBING

PROPOSAL Page 5 of 9 CONTRACTOR'S NAME:

0814001A 25

RESET STONE CURBING

0910001A 18

TOP MOUNTED BALUSTER GUARDRAIL

W/HANDRAIL

0910002A 8

WALL MOUNTED HANDRAIL

TOP MOUNTED HANDRAIL IN EXISTING WALL

0910003A 54

CONCRETE SIDEWALK

0921001A 330 per SQUARE FOOT

PROPOSAL Page 6 of 9 CONTRACTOR'S NAME:

HANDICAP RAMP (ADA COMPLIANT)

0924007A 25

FURNISHING AND PLACING TOPSOIL-6”

0944001A 800

0950005 800

TURF ESTABLISHMENT (MODIFIED)

0950013 100

EROSION CONTROL MATTING

MAINTENANCE AND

0971001A 1 PROTECTION OF TRAFFIC

0975002 1

MOBILIZATION

PROPOSAL Page 7 of 9 CONTRACTOR'S NAME:

0970006A ALLOWANCE

TRAFFIC PERSON (UNIFORM POLICE OFFICER)

10,000.00 10,000.00 per ALLOWANCE

1001001A 440

TRENCHING AND BACKFILLING

1001004 25

ROCK IN TRENCH 0’ – 4’ DEEP

1002015 6

ROCK IN FOUNDATION EXCAVATION

per VERTICAL FOOT

1002103A 4

LIGHT STANDARD FOUNDATION

1002300A 4

12’LIGHT STANDARD

PROPOSAL Page 8 of 9 CONTRACTOR'S NAME:

1005600A 4

LUMINAIRE LED 40W

1008120 20

2” PVC SCH 80 ON SURFACE

1008127 440

2” PVC SCH 80 IN TRENCH

1010001A 2

17” X 30” HANDHOLE AND COVER

1012243 1400

#8 SINGLE CONDUCTOR XHHW-2

PROPOSAL Page 9 of 9 CONTRACTOR'S NAME:

ITEM NUMBER QUANTITY UNIT PRICE IN WORDS UNIT PRICE AMOUNT BID

1017100A 1

SERVICE ENTRANCE AND ELECTRICAL

DISTRIBUTION SYSTEM – PEDESTAL CABINET

per EACH

1113065 15

#4 BARE COPPER GROUND WIRE

per LINEAR FOOT

1113068 250

#3/0 SINGLE CONDUCTOR XHHW-2

per LINEAR FOOT

TOTAL BID: $

TOTAL IN GROSS SUM WRITTEN IN WORDS

STATE OF CONNECTICUT DAS, CHRO OR OTHER GRANTOR

REQUIREMENTS

This public works project has the following State Funding:

Review CHRO’s IMPORTANT UPDATES TO STATE CONTRACT COMPLIANCE REQUIREMENTS (next page) and CHRO’s Contract Compliance Forms and Reports for the most current informa�on (htps://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports)

Par�cipate in CHRO’s Technical Assistance for Contractors Sessions:

htps://portal.ct.gov/CHRO/Contract-Compliance/Contract-Compliance/Technical-Assistance-TA-Sessions

The Awarded Contractor will be required to file via email the appropriate Good Faith Efforts Form Plan to CHRO upon the Intent to Award.

State Funds = $150,000.00-$999,999.99

State Funds = $1,000,000.00 and Greater

X https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports https://portal.ct.gov/CHRO/Contract-Compliance/Contract-Compliance/Technical-Assistance-TA-Sessions

State of Connecticut

COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES

Contract Compliance Unit– 450 Columbus Boulevard, Suite 2, Hartford, CT 06103

Promoting Equality and Justice for all People

Main (860) 541-3400 ~ Fax (860) 246-5265 www.ct.gov/chro ~ Toll Free in Connecticut (800) 477-5737 ~ TDD (860) 541-3459

Affirmative Action/Equal Opportunity Employer

IMPORTANT UPDATES TO STATE CONTRACT COMPLIANCE REQUIREMENTS

Effective October 1, 2025, Connecticut law has been updated to strengthen requirements for public works projects. Contractors and awarding agencies should review the changes below to ensure timely compliance.

Key Statutory Changes

• For public works contracts entered into after October 1st, plans will only need to be submitted when the state-funding is $150,000 or more.

• Good Faith Efforts (GFE) Plans replace Set-Aside Plans and Affirmative

Action Plans.

• Spending Allocation Goals (SAGs) replace prior set-aside percentages.

− Until further changes go into effect July 1, 2026, goals will remain

25% of the state-funded contract value for SBEs and 6.25% of the state-funded contract value for MBEs.

− Awarding agencies must notify CHRO of project SAGs when bids are released.

Plan Format:

• Plans will no longer require policy statements or internal/external communications be submitted.

• The sections on monitoring forms have been revised.

• For the most recent version of the plan template, please go to our website.

Monthly Reports:

• Effective October 1, 2025, Monthly Reports will no longer be required for all projects, including those started prior to the effective date.

Compliance at Close-Out:

• Within 45 days of substantial completion, contractors must submit: subcontractor payment documentation, lien waivers, and any outstanding subcontract notifications.

Prompt Payment:

• General contractors must pay subcontractors within 15 days of the due date, unless there is a bona fide dispute.

Enforcement and Penalties:

• Failure to file plans, meet deadlines, or make good faith efforts will be subject to enforcement that may lead to:

− Withholding of contract payments

− Disqualification from future bidding

− Civil penalties and legal action by CHRO

What’s Next

• New forms and documentation requirements will be made available ahead of the July 1, 2026 implementation of project-specific goals.

AT A GLANCE:

• Threshold for public works contracts raised to $150,000

• Reduced Plan Requirements

• Monthly Monitoring Forms Eliminated http://www.ct.gov/chro https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports

REV. 20220808

Non-Discrimination and Affirmative Action Provisions for Municipal Public Works/Quasi-Public Agency Project Contracts

(A) (1) The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, status as a veteran, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved, in any manner prohibited by the laws of the United States or of the state of Connecticut; and the contractor further agrees to take affirmative action to ensure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, status as a veteran, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved; (2) The contractor agrees, in all solicitations or advertisements for employees placed by or on behalf of the contractor, to state that it is an “affirmative action-equal opportunity employer” in accordance with regulations adopted by the Commission on Human Rights and Opportunities; (3) The contractor agrees to provide each labor union or representative of workers with which such contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the Commission on Human Rights and Opportunities advising the labor union or workers' representative of the contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment; (4) The contractor agrees to comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or relevant order issued by said commission pursuant to sections 46a-56, 46a-68e, 46a-68f and 46a-86; and (5) The contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the contractor as relate to the provisions of this section and section 46a-56.

(B) If the contract is a public works contract, municipal public works contract or contract for a quasi-public agency project, the contractor agrees and warrants that he or she will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public works or quasi-public agency project.

(C) For the purposes of this section, “contract” includes any extension or modification of the contract, “contractor” includes any successors or assigns of the contractor, “marital status” means being single, married as recognized by the state of Connecticut, widowed, separated or divorced, and “mental disability” means one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”, or a record of or regarding a person as having one or more such disorders. For the purposes of this section, “contract” does not include a contract where each contractor is (1) a political subdivision of the state, including, but not limited to, a municipality, unless the contract is a municipal public works contract or quasi-public agency project contract, (2) any other state, as defined in section 1- 267, (3) the federal government, (4) a foreign government, or (5) an agency of a subdivision, state or government described in subdivision (1), (2), (3) or (4) of this subsection.

(D) For the purposes of this section, “minority business enterprise” means any small contractor or supplier of materials fifty-one per cent or more of the capital stock, if any, or assets of which is owned by a person or persons: (1) Who are active in the daily affairs of the enterprise, (2) who have the power to direct the management and policies of the enterprise, and (3) who are members of a

CHRO CONTRACT LANGUAGE

REV. 20220808

minority, as such term is defined in subsection (a) of section 32-9n of the Connecticut General Statutes; and “good faith” means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations. “Good faith efforts” shall include, but not be limited to, those reasonable initial efforts necessary to comply with statutory or regulatory requirements and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to comply with such requirements.

(E) The contractor shall develop and maintain adequate documentation, in a manner prescribed by the Commission on Human Rights and Opportunities, of its good faith efforts.

(F) The contractor shall include the provisions of subsections (a) and (b) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the state, and in every subcontract entered into in order to fulfill any obligation of a municipal public works contract or contract for a quasi-public agency project, and such provisions shall be binding on a subcontractor, vendor or manufacturer, unless exempted by regulations or orders of the Commission on Human Rights and Opportunities. The contractor shall take such action with respect to any such subcontract or purchase order as the commission may direct as a means of enforcing such provisions, including sanctions for noncompliance in accordance with section 46a- 56; provided, if such contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the commission regarding a state contract, the contractor may request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the state and the state may so enter.

BID BOND FORM

Herewith find a deposit in the form of a certified check, cashier's check, cash, or bid bond in the amount of $ ____________________________which amount is not less than fifteen (15) percent of the total bid.

Sign Here: _________________________________________________

BID BOND

City of Norwalk

Norwalk, CT

KNOW ALL MEN BY THESE PRESENTS:

That we, ______________________________________________, of ________________________

State of __________________________________________ as Principal, hereinafter called the Principal, a corporation partnership individual duly authorized by law to do business in the state of

Connecticut, and __________________________________________________, as Surety, a Corporation duly authorized to do a surety business under the laws of the state of Connecticut, hereinafter called the Surety, are held and firmly bound unto the City of Norwalk, Connecticut, as obligee, hereinafter called

City, in the sum of _____________________________________________________________ Dollars

($ _______________________), for the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents.

WHEREAS, the Principal has submitted a bid for the project named:

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal, and the Principal shall duly make and enter into a contract with City in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by City; or if the Principal shall, in case of failure so to do, pay and forfeit to City the penal amount of the deposit specified in the all for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to City, as penalty and liquidated damages, the amount of this bond.

Signed and sealed this __________________ day of _______________________ 20 _______.

Witness Principal (L.S.)

Print name above Title

Witness Surety (L.S.) Seal

PERFORMANCE BOND FORM

Within ten (10) days of notice of acceptance of this proposal, the undersigned agrees to provide a Performance bond in the form of a certified check, cashier's check, cash, or bid bond in the amount of $ ____________________________which amount is not less than one hundred (100) percent of the total bid.

PERFOMANCE BOND

City of Norwalk

Norwalk, CT

KNOW ALL MEN BY THESE PRESENTS:

That we, ______________________________________________, of ________________________ State of __________________________________________ as Principal, hereinafter called the Principal, and __________________________________________________, as Surety, a Corporation duly authorized to do a surety business under the laws of the state of Connecticut, hereinafter called the Surety, are held and firmly bound unto the City of Norwalk, Connecticut, as obligee, hereinafter called City, in the sum of _____________________________________________________ Dollars ($ _______________________), for the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS said Principal has entered into or intends to enter into a written contract with the City for the construction of the project named:

which contract, together with all provisions, plans and specifications now made or which hereafter be made in extension, modification or alteration of said Contract, is hereby referred to, incorporated in and made a part of this bond as though herein fully set forth.

NOW, THEREFORE, if said Principal shall perform and comply with all the terms and conditions of said contract, and shall indemnify the Obligee for all losses, that the Obligee may sustain by reason of the Principal’s failure to comply with said terms and conditions, then this obligation shall be null and void;

otherwise it shall remain in full force and effect.

Provided, however, that any alterations which may be made in terms of said contract or in the work done or to be done under it, which may increase or decrease said Contract sum, or the giving of an Obligee of any extension of time for the performance of said contract or any other forbearance on the part of either the Obligee or the Principal one to the other, shall not in any way release the Principal and/or the Surety, or either of them, their representatives, heirs, executors, administrators, successors or assigns from liability hereunder and any requirement of notice to the Surety or Sureties of any such alteration, extension or forbearance is hereby specifically and absolutely waived.

Signed and sealed this __________________ day of _______________________ 20 _______.

Witness Principal (L.S.)

Print name above Title

Witness Surety (L.S.) Seal

LABOR AND MATERIAL BOND FORM

Within ten (10) days of notice of acceptance of this proposal, the undersigned agrees to provide a Labor and Material bond in the form of a certified check, cashier's check, cash, or bid bond in the amount of $ ____________________________which amount is not less than one hundred (100) percent of the total bid.

LABOR AND MATERIAL BOND

City of Norwalk Norwalk, CT

KNOW ALL MEN BY THESE PRESENTS:

That we, ______________________________________________, of ________________________ State of __________________________________________ as Principal, hereinafter called the Principal, and __________________________________________________, as Surety, a Corporation duly authorized to do a surety business under the laws of the state of Connecticut, hereinafter called the Surety, are held and firmly bound unto the City of Norwalk, Connecticut, as obligee, hereinafter called City, in the sum of _________________________________________ Dollars ($ _______________________), for the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents.

THE CONDITION OF THIS OBLIGATION is such, that WHEREAS said Principal has entered into or intends to enter into a written contract with the City for the construction of the project named:

Which contract, together with all plans and specifications therefore, is hereby referred to, incorporated in, and made a part of this bond as though herein fully set forth.

NOW, THEREFORE, if said Principal shall make payment for all materials and labor used or employed in the performance of such contract, to the extent, and in the manner required by the contract or by the General Statues of Connecticut, as revised, then this obligation shall be null and void, otherwise it shall remain and be in full force and effect.

Signed and sealed this __________________ day of _______________________ 20 _______.

Witness Principal (L.S.)

Witness Surety (L.S.) Seal

BID SHEET

PROJECT: TMP 2025-5 Pedestrian Access Enhancements on Dr. MLK JR Drive at Hamilton Avenue

DATE:

BIDDER BID AMOUNT BID BOND

BIDDER’S QUALIFICATION STATEMENT

The Bidder is required to submit the following information at the time of bid.

Name of Project submitted for: _____________________________________________________

1. How many years has your organization been in business as a general contractor: __________

2. How many years has your organization been in business under its present name? _________

a. If applicable, under what other names has your organization operated?

i. ______________________________________________

ii. ______________________________________________

iii. ______________________________________________

3. If a corporation, please answer the following:

a. Date of Incorporation: ______________________________

b. State of Incorporation: ______________________________ c: President’s Name: ______________________________

d. Vice-President’s Name(s) ______________________________

d. Secretary’s Name: ______________________________

e. Treasurer’s Name ______________________________

4. If a partnership, please answer the following:

a. Date of Organization: ______________________________

b. State type of partnership: ______________________________

c. Name(s) of general partner(s) ______________________________

5. If your organization is individually owned, please answer the following:

a. Date of Organization: _______________________________

b. Name of Owner: _______________________________

6. If the form of your organization is other than those listed above, please describe and name the principals:

7. List the categories of work that your organization normally performs with its own forces:

8. Have you ever failed to complete any work awarded to you? If so, note when, where and why:

9. Are you presently involved in any litigation or arbitration over existing contracts or work? If so, note when, where and why:

10. Within the last five (5) years, has any officer or principal of your organization ever been an officer or principal of another organization that has failed to complete a construction contract? If so, note when, where and why.

11. Attach a separate sheet, listing the major projects that your organization has completed in the past five (5) years, giving the name of project, owner, designer, contract amount, date of completion and percentage of work performed by your organization.

12. Attach a separate sheet, listing the total worth of work in progress and under contract, giving the name of project, owner, designer, contract amount, percent complete and scheduled completion date.

13. Attach a separate sheet, listing the construction experience and present commitment of the key individuals of your organization.

14. Trade References:

15. Bank References:

16. Name of Bonding Company and name and address of agent:

17. Attach Statement of Financial Conditions, including Contractor’s latest regular dated financial statement or balance sheet which must contain the following items:

Current Assets: (Cash, joint venture accounts, accounts receivable, notes receivable, accrued interest on notes, deposits, and material and prepaid expenses), net fixed assets and other assets.

Current Liabilities: (Accounts payable, notes payable, accrued interest on notes, provisions for income taxes, advances received from owners, accrued salaries, accrued payroll taxes)

Other Liabilities: (Capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings)

Name and address of firm preparing attached financial statement and date thereof:

The undersigned certifies under oath that the information is true and sufficiently complete so as not to be misleading.

Date: ______________________________________________________

Name of Organization: ______________________________________________________

By: ______________________________________________________ (L.S.)

Title: ______________________________________________________

M ______________________________________________________________ being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading.

Subscribed and sworn before me this ___________________________day of ____________ 20____.

Notary Public: ________________________________________________

My Commission Expires: ____________________________________________

SAMPLE NOTICE OF AWARD

Date

Mr. John Smith

ABC Contractor

123 Main Street

Anytown, CT

RE: (Project No. and Project Name)

Dear Mr. Smith,:

0n _____________, 20___, the Common Council of the City of Norwalk awarded the referenced project to your Firm. In accordance with Section 102 of the General

Specifications you are required to furnish a satisfactory “Faithful Performance Bond” and

“Labor and Material Bond” in the amount of 100% of the contract price within ten (10) days from the date of this notice.

The Contractor is also required to file with the Corporation Counsel a Certificate of

Insurance that names the City and the State of CT as an additional insured, as specified in Section 107-06 of the General Specifications.

Should you have any questions, please contact ___________________..

Very truly yours, Norwalk Department of Transportation, Mobility, and Parking

SAMPLE NOTICE TO PROCEED

Date

Mr. John Smith

ABC Contractor

123 Main Street

Anytown, CT

RE: Contract between the City of Norwalk and ABC Contractor

Project No. ______________________________________

Dear Mr. Smith, Enclosed, please find a fully executed copy of the document referenced above, dated

_________. This letter shall serve as your Notice to Proceed with the construction of this project.

Please submit your construction schedule and source of material supplies within ___ days of this date to the attention of ______________________ .

Very truly yours, Norwalk Corporation Counsel

SCOPE OF WORK

SPECIAL PROVISIONS

CITY PROJECT No. TMP 2025-5

PEDESTRIAN ACCESS ENHANCEMENTS ON DR. MARTIN LUTHER KING JR.

DRIVE AT HAMILTON AVENUE

SCOPE OF WORK

In general, the scope of work entails the partial reconstruction of the Dr. Martin Luther King Jr. Drive at

Hamilton Avenue staircase, concrete repairs, new handrails installation of new lighting, concrete sidewalk, precast block retaining wall, underdrain, and ADA ramp, selective clearing and grubbing and other miscellaneous work.

The work to be done under the project at this location includes furnishing all labor, equipment, materials, and services to partially demolish a section of the existing stairway, construct new stairs and landing and all associated work. Specifically, the work to be done at the stairways including, but not limited to, stairway demolition and replacement, block retaining wall installation of drainage, handrails, light standards and foundations, luminaires, conduits, service cabinets, electrical wiring and necessary for completion of the work. The work also entails the removal and reconstruction of sidewalk, installation of curbing as needed, installation of concrete handicap ramps; adjustment to existing drainage structures as needed; and all other necessary and incidental work thereto in accordance with construction plans and these specifications.

Furthermore, the work includes maintenance and protection of traffic during construction and the maintenance of vehicular and pedestrian access to abutting properties and, unless otherwise directed by the

Engineer, uninterrupted and acceptable operation at all times.

All work done under this contract shall be in conformance with the State of Connecticut

Department of Transportation DEPARTMENT STANDARD SPECIFICATIONS FOR ROADS, BRIDGES AND INCIDENTAL CONSTRUCTION Form 818, dated 2004 including

SUPPLEMENTAL SPECIFICATIONS thereto dated July 2023; STATE DOT CONSTRUCTION

STANDARDS; The 2003 MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, The CITY

OF NORWALK STANDARDS AND DETAILS including all SUPPLEMENTAL

SPECIFICATIONS, the PLANS and these SPECIAL PROVISIONS.

WHERE THERE IS A DISCREPANCY BETWEEN STANDARD SPECIFICATIONS (FORM 818)

AND THE CITY OF NORWALK STANDARDS, THE CITY OF NORWALK STANDARDS,

DETAILS AND SPECIFICATIONS SHALL GOVERN

CONTRACT TIME AND LIQUIDATED DAMAGES

One hundred twenty (120) calendar days will be allowed for the completion of the work on this project and the liquidated damages charge will be One thousand dollars ($1000.00) per calendar day.

QUALIFICATION REQUIREMENTS DAS PRE

The contractor is advise that both the prime and all sub-contractors must be prequalified by CTDAS

PRE VAILING WAGE RATE WILL APPLY

See attached wage rates

SECTION 102-18

PREVAILING WAGE LABOR RATES AND

OTHER DEPARTMENT OF LABOR INFORMATION

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