2027-003 Exterior Sealing Services Barn Facility.pdf

SOUTHINGTON PUBLIC SCHOOLS

SOUTHINGTON, CONNECTICUT

REQUEST FOR PROPOSAL

The Southington Board of Education is accepting proposals for:

EXTERIOR SEALING SERVICES

OF BARN FACILITY

RFP 2027-003

A walkthrough meeting is recommended for this RFP and is scheduled to be held at Ag-Sci Barn Facility, located at 427 Pleasant Street, Southington, Connecticut.

at 10:00 am on Monday September 14, 2026.

SEALED, MARKED PROPOSALS will be accepted by the Purchasing Department in the John Weichsel Municipal Center located at

200 North Main Street, Southington, Connecticut until:

10:00am on September 22, 2026 at which time all submitted proposals will be publicly opened and read.

(Please note that U.S. mail delivery to our location occurs late in the day and delivery on the day of the proposal opening cannot be relied upon.)

Proposals must be submitted on the forms and in the manner specified.

RFP forms and specifications may be obtained from the

Southington Public Schools’ website:

www.SouthingtonSchools.org Central Office => Purchasing Department => Bids and RFP Invitations

Sealed proposal envelopes are to be returned to the address below with the RFP number clearly marked on the outside of the envelope.

Purchasing Office 200 North Main Street Kyle Fickel Southington CT 06489 Accounting Manager

860.628.3200 ext. 10216

September 2026

PART I Page 1 of 8

Project Overview

Southington Public Schools is seeking qualified contractors to provide all labor, materials, equipment, and supervision necessary to prepare, seal, and apply a protective exterior finish to the newly constructed 36' x 60' Ag-Sci Barn located at 427 Pleasant Street, Southington, Connecticut 06489. The intent of this project is to properly protect the barn's exposed exterior wood surfaces from weather and seasonal conditions, with completion desired prior to the onset of winter.

A recommended site walkthrough will be held at the Ag-Sci Barn on Monday, September 14, 2026, at 10:00 a.m. Prospective bidders are encouraged to attend the walkthrough to familiarize themselves with the existing conditions, building access, surfaces to be treated, project requirements, scheduling expectations, and any other conditions that may affect the completion of the work.

The successful contractor shall complete all surface preparation, sealing, coating, protection, cleanup, and related work in accordance with the Scope of Work and specifications provided below.

Exterior Barn Sealing and Painting Scope of Work

Project Description Provide all necessary labor, materials, equipment, and supervision to properly prepare, seal, and finish the exterior surfaces of the new barn as specified below.

Scope of Work

1. Surface Inspection and Preparation

Inspect all exterior surfaces prior to beginning work.

Verify that surfaces are clean, dry, structurally sound, and suitable for the application of sealers and coatings.

Remove dirt, dust, debris, and other surface contaminants as necessary.

Lightly sand or prepare surfaces where required to promote proper adhesion.

Protect adjacent surfaces, windows, doors, hardware, roofing, concrete, landscaping, and other areas not scheduled to receive coatings.

2. Sealing

Apply an appropriate exterior-grade wood sealer, primer, or stain-and-seal product to all designated exterior barn surfaces.

Seal exposed wood surfaces, including siding, trim, fascia, soffits, doors, and other specified wood components.

Apply products in accordance with the manufacturer's written specifications, including required coverage rates and drying times.

Ensure all exposed end cuts, joints, and vulnerable areas receive adequate sealing where applicable.

3. Caulking and Minor Surface Treatment Caulk gaps, joints, and seams as necessary using a high-quality exterior-grade, paintable sealant.

Address minor surface imperfections that may affect the finished appearance.

4. Protection and Cleanup Protect surrounding property and finished surfaces from overspray, drips, and damage.

Remove masking materials and job-related debris upon completion.

Leave the work area in a clean and orderly condition.

Materials All coatings, primers, sealers, caulking, and related materials shall be exterior-grade products suitable for the barn's substrate and expected weather exposure. Specific product and color selections shall be approved prior to application.

Final Inspection Upon completion, the finished work will be visually inspected to confirm reasonable uniformity of coverage, appearance, and workmanship. Any agreed-upon touch-ups within the defined scope will be completed prior to final project closeout.

PART I Page 2 of 8

RFP TIMELINE

RFP Release September 9, 2026

Walkthrough at Barn Facility September 14, 2026, 10:00 am

Deadline for written inquiries September 16, 2026, by noon

Responses for written inquiries September 18, 2026, by end of day

Sealed RFP due date and public opening September 22, 2026, at 10:00 am

Anticipated Finance Committee Recommendation TBD

Anticipated RFP Award by the Southington Board of Education October 15, 2026

Work completion date Fall 2026

INQUIRIES

Proposers may submit written questions concerning this RFP to the Accounting Manager no later than the date specified in the RFP Timeline. All inquiries must be in writing and may be mailed, emailed, faxed, or hand delivered. Written inquiries received after the deadline for written inquiries will not be considered. Copies of questions and responses thereto will be posted on the Southington Schools website no later than the date specified in the RFP Timeline (www.southingtonschools.org Central Office, Purchasing Department, Bids and RFP Invitations).

AUTHORIZED CONTACT for written inquiries:

Kyle Fickel Accounting Manager Southington Public Schools 200 N Main Street Southington, CT 06489 fax# 860-621-8056 kfickel@southingtonschools.org

ADDENDA TO RFP

Should it become necessary to revise any part of this RFP or if additional data is necessary to clarify any of its provisions, an Addendum will be posted on the Southington Schools website (www.southingtonschools.org Central Office, Purchasing Department, Bids and RFP Invitations) It is the responsibility of the vendor to check for Addendum on the Southington Website prior to submitting their proposal.

The Board intends to adhere to the schedule and dates specified in the RFP timeline detailed above. However, if it is necessary, due to revisions made to this RFP, the proposal due date and all subsequent dates may be extended. Notification of such extension will be posted on the Southington Schools website.

PROPOSAL PREPARATION COSTS

Proposers must bear all costs associated with their Proposals including preparation, copying, postage, and delivery costs.

The Board will not be responsible for any costs or expenses incurred by Proposers responding to this RFP.

OTHER NOTICE TO PROPOSERS:

All elements of the RFP including photographs, diagrams, etc., become the property of the Board and may be used by the Board as part of any future work on the project.

PART I Page 3 of 8

FORMAT FOR PROPOSALS

Responding proposers shall provide two written copies of their RFP. By submitting this proposal, the vendor agrees to all the provisions and conditions contained herein, both Part I and Part II.

The format for the written proposals shall be as follows:

TITLE PAGE including

- RFP 2027-003 EXTERIOR SEALING SERVICES, BARN FACILITY

- Name of Proposing firm

- Address and telephone number of Proposing firm

- Name and title of contact person

- Date of submission

Please provide a Table of Contents after the Title page giving a clear identification of each required proposal section with page number. Such sections are A-F below.

Proposal Requirements

The following items will establish certain standards of experience and financial capabilities. Proposals that do not meet the prescribed standards will be considered non-responsive. The Board, at its sole discretion, will decide if a Proposer meets the standards. Each Proposer must answer the questions honestly and completely; the following section describes the submission requirements:

A. Does any member of any elected or previously elected board of the Town of Southington or Southington Board of Education, or other officer, employees, or person who is payable in whole or in part from the Town of Southington or the Southington Board of Education currently have any direct or indirect personal interest in the Proposer.

YES___ NO___ If so, describe the circumstances.

B. Has the Proposer or any of its employees or officers has been named as a defendant in any litigation.

YES___ NO___ If so, describe the circumstances.

C. Has the Proposer has ever been terminated, fired, or replaced on a project other than those contracts that have been terminated due to completion.

YES___ NO___ If so, describe the circumstances.

D. Acknowledge the proposed project schedule and the Proposers ability to meet the schedule on the RFP price sheet.

E. Scope of Work (detailed description of work and products). The proposers should include additional scope of work or issues, if any; they believe to be important to this project.) (see page 6 of 8)

F. Include the cost for proposal. The cost should be a lump sum price. The response should identify any work not included in the lump sum.

PART I Page 4 of 8

REQUIRED RFP ITEMS:

Yes Proof of insurance is required with this RFP

See Part II Page 3 Items 31, 32,33

No Performance bond will be required by successful proposer

Page 3 Item 34

No Prevailing Wage Project

Page 4 Item 45

Yes References – a minimum of three See Part I Pages 7-8 Yes Workforce Analysis must be returned with this RFP

See Part II, Pages 12-13

Yes Non-collusive bid statement must be submitted with this RFP.

See Part I

No Descriptive literature and item(s) specifications for each item must be submitted with RFP Safety Data Sheets for Certified Green Products identified on sheet

Yes

An IRS Form W9 (Rev.03-2024) must be provided See Part II Page 16

Yes Additional Required items identified above A-F

Proposal Review Criteria

The Board’s administration will evaluate the proposals and recommend a proposer for final approval. The Board reserves the right to investigate the reputation, integrity, skill, business experience, and quality of performance of each candidate proposer, before making its final recommendation. The recommendation will be based on both an objective and subjective comparison of proposals and candidates. The evaluation criteria will include, but shall not be limited to, consideration of the following:

Qualifications of the proposer

References of work produced for and past performance on similar projects

Ability to meet the proposed time frames and schedule

Proposed Fee

Any Known Lawsuits

Previous experience with Southington Town or Board

Any other factors deemed appropriate by the Board

In reviewing the proposals received, the Board reserves the right to reject any and all proposals, waive formalities, informalities and technicalities therein, and to a c c e p t a n y proposal they determine to be in the best interest of the Board.

Selection Process

The Board’s administration will review and rank each proposer’s sealed proposal.

The Board’s administration will make a recommendation to the Board of Education Finance Committee.

PART I Page 5 of 8

Disclaimer

This Request for Proposal does not commit the Board to award a contract or pay any costs incurred during the preparation of the RFP package.

In addition to the data and documentation submitted in response to this process, the Board reserves the right to make an on-site inspection and evaluation of any facility at which the proposer has provided similar services. If the Board chooses to exercise this right, the respondent shall provide a representative to accompany the Board or its delegated representatives on any on-site inspection. The inspection may not be limited to one facility. All costs incurred by Board personnel to perform an on-site inspection shall be borne by the Board. The proposer shall bear its own costs, if any.

The undersigned vendor further certifies that this statement is executed for the purpose of inducing the Board to consider the RFP and make an award in accordance therewith.

The undersigned vendor, having fully informed him/ herself regarding the accuracy of the statements made here, certifies that:

1. The proposal has been provided by the vendor independently and has been submitted without collusion with and without any agreement, understanding or planned common course of action with any other vendor of materials, supplies, equipment or services described in the request for proposal, designed to limit independent bidding or competition, and

2. The contents of the proposal have not been communicated by the vendor or its employees or agents to any person not an employee or agent of the vendor or its surety on any bond furnished with the RFP and will not be communicated to any such person prior to the official opening of the RFP.

I have checked the website for any Addenda posted. The Bid Price includes the Scope with any Addenda.

YES ______ NO ______ N/A ______

Legal Name of Business

Business Address street city state zip phone fax e-mail address

Person Authorized to Sign (print name)

Signature of Authorized Person

PART I Page 6 of 8

RFP Price Sheet

VENDOR NAME____________________________________________________________________________

PRODUCT TO BE USED FOR SEALANT ________________________________________________________

TOTAL COST OF WORK REQUESTED IN THIS RFP $_____________________________________________

Please include any additional add-ons, if any, you believe to be important to the project

I understand the timeline to complete the work prior to the winter season and I have the ability to meet the expectation.

YES______ NO______

PART I Page 7 of 8

ATTACHMENT B – PROPOSER’S STATEMENT OF REFERENCES

PROPOSER’S STATEMENT OF REFERENCES

Provide correct and current contact information for all references.

PROJECT #1

PROJECT NAME COMPLETION DATE

CITY, STATE

PROJECT OWNER/SCHOOL

INDIVIDUAL NAME AND PROJECT TITLE

EMAIL PHONE

PROJECT #2

PART I Page 8 of 8

PROJECT #3

PART II Page 1 of 16

RFP TERMS AND CONDITIONS

1. All RFPs submitted must be in SEALED ENVELOPES and must be notated with the RFP NUMBER on the face of the envelope.

Amendments to or withdrawal of any section of the submitted RFP received later than the time and date set for the RFP opening will not be considered. RFPs received later than the time and date specified will not be considered. For the purpose of RFP receipts, the official time piece will be the time/date stamp unit located in the Purchasing Office, 200 N Main Street, Purchasing Department, Southington, Connecticut.

2. All RFP prices must include prepaid delivery, assembly and/or installation (ready for operation and/or use) of all equipment and/or materials to the individual location(s) as designated by the Accounting Manager. All RFP prices are to be submitted on the sheets provided on this RFP. Quantities and pricing are to be listed in accordance with these sheets.

3. Addenda will be listed on this website. It is the responsibility of the vendor to check the website for such addenda prior to submission of any proposal. Failure to sign any addendum relating to the RFP of interest may disqualify submitted RFPs and/or proposals.

4. Replies submitted, whether a RFP or no RFP, must have the RFP number clearly marked on the outside of the envelope. Vendors not marking the envelopes will have no recourse against any Board of Education member and/or its employees, or Town of Southington member and/or its employees.

5. Any alleged oral agreement made by a vendor or contractor with any agency or employee of the Southington Public Schools will be disregarded.

6. Request for interpretation of any portion of the RFP may be made by telephone to the Board of Education Purchasing Office at (860)

628-3200 ext. 10216. All replies will be given verbally and then posted on the website as an addendum (if deemed vital to the RFP by the Accounting Manager).

7. The Southington Public School System and the Town of Southington are exempt from the payment of taxes imposed by Federal

Government and/or the State of Connecticut. Such taxes should not be included in the RFP price.

8. In the event of receipt of identical RFPs as to offerings, delivery, service, content, price, etc., the RFP will be awarded in a fair and equitable manner determined by the Board of Education.

9. For RFPs to be considered, the attached Non Collusive RFP Statement must be completed and submitted with the RFP.

10. Vendor’s offering(s) under this RFP must meet and be in compliance with all local, state and federal specifications, regulations and requirements in effect as of the date of the RFP submittal pertaining to the work, materials, equipment or items requested in the RFP.

11. The successful vendor and/or contractor must protect all property of the Board of Education (i.e. all floors, furniture, grass, land, etc.)

from injury or other damage. Any damage so caused must be repaired by contractor/vendor at his/her own expense.

12. At the completion of the work, the vendor and/or contractor must remove from the premises all surplus materials and all debris created by him. This removal will be completed at the contractor’s expense. The premises must be left in a clean and finished condition acceptable to the owner or its agents.

13. Default - It shall be understood that a vendor supplying equipment and/or supplies will be considered to be in default if/when he/she has not delivered the item(s) within the time constraints listed in this document. Vendors providing a service and/or construction will be considered to be in default if/when they have failed to meet the completion date set forth in this document and/or they have ceased work on the project for a period of fifteen (15) working days cumulative or consecutive.

14. Expenses incurred by the owner due to the contractor or vendor failing to complete the job or failing to deliver in the required time frame, or failing to adhere to the RFP requirements and specifications will be charged to the contractor or vendor.

15. The successful vendor agrees to indemnify and hold harmless the Board of Education, its employees, the Town of Southington and its employees from any and all liability arising out of the successful vendors’ operations and functions and/or supplied items.

16. Samples that are forwarded by the vendor will be returned to the vendor at his request and at his expense. Samples not returned to the vendor will be disposed of at the discretion of the Board of Education or its designated representative. Large pieces of equipment submitted for evaluation and inspection are to be picked up by the vendor within thirty (30) days of RFP opening date. Items not picked up within thirty (30) days of RFP opening will be disposed of by the Board of Education or its designated agent.

PART II Page 2 of 16

RFP TERMS AND CONDITIONS - continued

17. Any and all references to trade names, types, styles, model numbers, stock numbers or catalogs are intended to be descriptive only and not restrictive. The intention is to indicate to vendor the type and quality of the articles and/or materials that will be satisfactory.

When reviewing the information given, it is the responsibility of the prospective vendor to inform the Board of Education of any discrepancy that is found (i.e. number listed does not fit the item description). RFPs received on other makes or models with reference to other catalogs will be considered. The vendor is to clearly state in his RFP, exactly what he intends to furnish and to furnish with his RFP a cut or illustration or other descriptive matter that will clearly indicate and give specification as to the product he proposes to furnish. Where an RFP is offered on an item other than the trade standard used in the specification the item should be identified on the RFP form by entering the MAKE, TRADE NAME AND MODEL number. It is understood that any substitutes and/or alternates that might be offered are guaranteed by the vendor to be of equal or better quality than is referenced in the RFP. The item (s) offered must be equivalent as to function, basic design type and quality of material, method, of construction and any required dimensions. It shall be further understood that during original as well as subsequent shipments spot checks will be performed. Units offered shall be new.

Vendors are cautioned that rebuilt, remanufactured, trade-ins, surplus, seconds, factory rejects floor samples, close-outs or distressed items are not acceptable and shipment of substitutions, defective or shop-worn equipment will be returned for a full refund, including shipping and/or freight charges, at the vendor’s expense.

18. The quantities and/or materials listed in the specifications/RFP sheets may be increased or decreased by the Board of Education or its designated representative based on actual need at the time the orders are placed.

19. The Board of Education or its designated representative reserves the right to reject any proposal in whole or part offering equipment and/or materials and/or services that in their opinion does not meet the quality standards desired. Such decision will be considered final and not subject to further recourse by the vendor.

20. The Board of Education or its designated agent reserves the right to award or reject by item, or part thereof, groups of items, or parts thereof, or all items of the RFP if in his/her judgment the best interest of the Southington Public Schools and/or the Town of Southington will be served. Further, the Board of Education, or its designated agent, reserves the right to award contracts to one or more vendors submitting identical proposals as to price, to reject any and all RFPs in whole or in part, to waive technical defects, irregularities and omissions if, in their judgment the best interest of the school system will be served.

21. The Board of Education or its designated agent specifically reserves the right to reject any and all RFPs until a purchase order and/or contract has been awarded. No vendor can claim any contract rights by virtue of submission alone. Awarding of the contract means actual written notice by letter and a properly executed purchase order to the vendor or vendors that the contract has been awarded.

22. It is the intent to award this RFP by line item, however, the Board of Education reserves the right to award the RFP in total if deemed by the Board of Education that the award in total would be in the best interest of the Southington Public School System. In addition, Vendors should be advised that should budgetary constraints dictate, part and/or all of the items listed in this RFP, including future years, may be rejected. This decision shall be considered final and not subject to recourse by the vendor.

23. The Board of Education reserves the right to discontinue service during the current term or future terms, if performance is deemed unacceptable by the Board. In the event of a multiple year award evaluation of service will be made at the end of the first year. Awards for subsequent years will be contingent on the previous year’s performance.

24. In determining the lowest or highest responsible vendor, the Board of Education reserves the right to consider, in addition to price, the compatibility, quality, cost of maintenance and availability of parts, experience of the vendor, sufficiency of the resources of the vendor as relates to the offerings as well as the ability of the vendor to provide future maintenance and service.

25. DOCUMENTS PREVIOUSLY SUBMITTED TO THE SOUTHINGTON BOARD OF EDUCATION WILL NOT BE CONSIDERED

AS SATISFYING SUBMISSION REQUIREMENTS FOR THIS RFP.

26. WHERE AN RFP BOND IS REQUIRED (SEE RFP DIRECTIONS SHEET), IT IS TO BE SUBMITTED WITH THE

RFP AT THE TIME OF SUBMISSION.

27. INSURANCE CERTIFICATES, PERFORMANCE BONDS AND/OR PAYMENT BONDS, WHEN REQUIRED, ARE

TO BE SUBMITTED BY THE SUCCESSFUL VENDORS PRIOR TO COMMENCEMENT OF WORK.

28. The Board of Education reserves the right to have vendors supply a minimum of three (3) references. These references must be for similar/same work.

29. The Board of Education reserves the right to request information from the vendors including, but not limited to, legal claims, worker’s compensation history, and other claims for personal and property damage.

PART II Page 3 of 16

RFP TERMS AND CONDITIONS - continued

30. RFP Bond (if required - see RFP Directions sheet) - Shall be in the amount equivalent to ten per cent (10%) of the contract made out in favor of the Board of Education and issued by a surety company acceptable to and approved by the Board of Education. A cashier’s check or Treasurer’s check in the same amount may be submitted in lieu of the RFP bond.

31. Proof of Insurance (if required - see RFP Directions sheet) - The contractor shall take out and maintain during the life of this contract, adequate Workmen’s Compensation Insurance for all the employees employed on said work. In case any class of employees engaged in hazardous work under the contract at the site of the work is not protected under the Workmen’s Compensation statute, the contractor shall provide Workmen’s Compensation Insurance for the protection of his employees not protected otherwise.

32. Liability Insurance (if required - see RFP Directions sheet) - Take out and maintain during the life of the contract, adequate public liability insurance insuring against liability to persons not employed by him in an amount of not less than $1,000,000 for injuries, wrongful death to any one person and subject to the same limit for each person in an amount of not less than $1,000,000 on amount of one accident and property damage insurance in an amount of not less than $1,500,000.

33. Certificate of Insurance - Submitted must name the Southington Board of Education, 200 N Main Street, Southington, Connecticut

06489 as the certificate holder and shall be delivered to the Accounting Manager, Board of Education within fifteen (15) days of award notification.

34. Performance Bond (if required - see RFP Directions sheet) - The successful vendor must file a performance bond and execute the contract within fifteen (15) days from the date of award notification. Should it be necessary to start a project immediately, the performance bond in question must be in place before the project begins. The furnished bond must be in favor of the Board of Education and executed by a surety company authorized to transact business in the State of Connecticut and acceptable and approved by the Board of Education. It shall be for not less than one hundred per cent (100%) of the total contract price but in no case less than one thousand dollars ($1,000.00).

35. Payment Bond (if required - see RFP Directions sheet) - The successful vendor, shall file a payment bond and execute said contract within fifteen (15) days from the date of notification of such award. Should it be necessary to start a project immediately, the payment bond in question must be in place before the project begins.

36. The Board of Education reserves the right to require successful vendors to enter into such security arrangements as are deemed necessary to protect the Board of Education property and goods.

37. Facsimile Transmissions – Prior to RFP opening - submission of this RFP or any portion of this RFP and/or any documents relating to this RFP by means of Facsimile Transmission (fax machine) is unacceptable and will not be considered in the RFP process. After RFP opening, and at the request of the Accounting Manager or designee, data relating to the RFP will be accepted via fax.

38. Successful vendor shall provide any/all additionally required non-collusion affidavits, Affirmative action statements, fair employment plans and non-discrimination programs and statements as might be required by the Board of Education.

39. Executive order number 3 inclusive of all its amendments thereto relative to equal employment opportunities and implementation rules and regulations of the Department of Labor on equal employment opportunities are incorporated herein by specific reference (copy enclosed).

40. Executive order number 17 inclusive of all its amendments thereto relative to Connecticut employment services, implementation rules and regulations are incorporated herein by specific reference (copy enclosed).

41. In connection with the execution of this RFP, subsequent purchase orders and/or contracts, the seller shall not discriminate against any employee or applicant for employment because of age, race, religion, color, sex or national origin.

42. The vendor agrees to obtain and pay for all work/building permits as might be required. The cost of obtaining said permits shall be included in the RFP price. In addition, it shall be understood that where property lines are to be considered, vendors are to verify said lines and measurements with proper Town Officials prior to commencement of work.

43. The successful vendor shall not employ any subcontractor to fulfill any of the duties as herein specified without express, prior written approval of the Board of Education or its designated agent.

44. It is to be understood that any/all specifications and/or plans or drawings contained in or developed as a result of the RFP process are and shall be presented subject to the approval of Town of Southington planning, zoning and building officials and that awards made prior to said approval are subject to cancellations.

PART II Page 4 of 16

45. Prevailing Wage - When the State of Connecticut Prevailing Wage Rate is applicable to the RFP, it is to be known by the prospective vendors that a Certified Payroll Record must be forwarded prior to any request and/or invoice for payment. Prospective vendors should note that when the Prevailing Rate is applicable, it shall be based on the total project cost from day one.

46. Occupational Safety and Health Act of 1970 - Seller shall warrant that the machinery, equipment or other materials covered herein by shall, upon delivery to Southington Public Schools and/or Town of Southington, be in compliance with the standards required by the Occupational Safety and Health Act of 1970 (and all amendments thereto) as well as the standards required by comparable State and local laws, if any, for such machinery, equipment or other materials in effect at the time of such delivery.

47. Machines and/or Equipment Lockout/Tagout - In an effort to comply with OSHA’s final rule on control of hazardous energy sources, vendors must warrant that any and all machines and/or equipment as is offered under this RFP will be supplied and/or installed equipped with lockout/tagout devices as prescribed by OSHA.

48. All energy isolating devices must be designed to accept a lockout device, as required by OSHA lockout/tagout requirements, 29 C.F.R.

1910.147(c)(2)(iii). 54 Fed. Reg. 36644, 36688 (September 1, 1989). For this purpose, an energy isolating device is a mechanical device which physically prevents the transmission or release of energy (such as a valve), and lockout device is a device that uses a positive means, such as a lock, to hold an energy isolating device in the safe position and prevent the energizing of a machine or equipment.

49. In compliance with Toxic Substance Control Act (PL 94-469), seller warrants that each and every chemical substance constituting or contained in the products sold or otherwise transferred to the Southington Public Schools and/or Town of Southington under this RFP and subsequent purchase orders is not on the list of prohibited chemical substances compiled and published by the Administrator of the Environmental Protection Agency pursuant to the Toxic Substance Control Act (PL 94-469) (and all amendments thereto) and are otherwise in compliance with said Act.

50. Hazardous Materials - Any materials required by this RFP and subsequent purchase orders that are hazardous under federal, state or local statute, ordinance, regulation or agency order will be packaged, labeled, marked and shipped by the seller to comply with all federal, state and local regulations then in effect including but not limited to the provisions of the Hazardous Materials Transportation Act and Regulations promulgated thereunder and will further comply with any special requirements and any policies and procedures of the Southington Public Schools and/or Town of Southington relating to the purchase of hazardous materials as might be noted on subsequent purchase orders or otherwise communicated to seller in writing.

51. Material Safety Data Sheets - shall be provided by seller upon delivery to Southington Public Schools and/or Town of Southington of any goods having constituents listed in the following references:

OSHA 1910 Subpart Z ACHIG Current Threshold Values DOT HazMat Table 49 IARC Carcinogen List National Toxicology Program Carcinogen List Radioactive Materials

52. These Material Safety Data Sheets must be consistent with and include information required by the OSHA Hazard Communication

Standard published as 29 CFR 1910.1200, as the same may be amended or supplemented from time to time.

53. Asbestos - Vendors are advised that asbestos-containing material has been located in the boiler rooms, pipe tunnels, storage areas and various locations of the school buildings. Before proceeding on any contractual work on school buildings or their interior, it is mandatory that Vendors familiarize themselves with the asbestos-containing material and that this said material be considered as a health hazard and all precautionary measures according to the Ahera Rules and Regulations be observed. A copy of the Asbestos Management plan that contains location of said material may be obtained at the office of the Building and Grounds Supervisor, JV Pyne Center, 240 Main Street Rear, Southington, Connecticut 06489, or from the office of the principal of the building at which the work is to be performed. It is the Vendor’s responsibility to notify all employees and/or subcontractors of this notification.

54. Vendors hereby agree that any award resulting from this RFP will be extended to any/all departments and agencies of the Town of

Southington and that the successful vendor shall invoice said town agency and/or department separately.

PART II Page 5 of 16

55. The successful vendors are hereby advised that any measurements/sizes given in this RFP are representative only. Vendors are to establish exact measurements/sizes for themselves. Vendors will have no recourse for RFPs presented based on inaccurate measurements/sizes.

56. CONFINED SPACES: Vendors are advised that Confined Spaces, as defined by OSHA have been identified throughout the School

System. It is the responsibility of Vendors to familiarize themselves with the locations of these Identified Confined Spaces within the building where work is to be performed by the Vendor. A list of these Confined Spaces is available in the office of the Building and Grounds Supervisor and in the office of the Principal at each site. Responsibility for notification of the Vendors’ employees rests with the Vendor. Vendors will assume the responsibility of all necessary functions as specified by OSHA for entrance or work in Confined Space: 1) Danger Area; 2) Permit Only Area. This is to include all necessary air testing safety equipment and employee training.

57. Effective July 1, 2016, Connecticut Public Act 16-67 included new requirements regarding background checks for new school employees.

Section 2 of Public Act 16-67 also applies many of these requirements to contractors. Contractors must require any employee of the contractor who would be in a position involving direct student contact to submit the information and authorization required by Public Act 16-67. The contractor must provide boards of education with information about any findings regarding abuse, neglect or sexual misconduct. The board will then determine whether that employee of the contractor may work in a position involving direct student contact. Public Act 16-67 can be viewed at https://www.cga.ct.gov/2016/ACT/pa/2016PA-00067-R00HB-05400-PA.htm.

58. Payment: The successful vendor shall receive payment after all deliverables have been met, as specified in the RFP’s specifications.

59. The terms and contents of these general RFP terms and conditions are made part of this RFP.

PART II Page 6 of 16

STATE OF CONNECTICUT

BY HIS EXCELLENCY

THOMAS J. MESKILL

GOVERNOR

EXECUTIVE ORDER NUMBER THREE

WHEREAS, sections 4-6ld(b) and 4-114a of the 1969 supplement to the general statutes require nondiscrimination clauses in state contracts and subcontracts for construction on public buildings, other public works and goods and services, and

WHEREAS, section 4-6le(c) of the 1969 supplement to the general statutes requires the labor department to encourage and enforce compliance with this policy by both employers and labor unions, and to promote equal employment opportunities, and

WHEREAS the government of this state recognizes the duty and desirability of its leadership in providing equal employment opportunity, by implementing these laws, NOW THEREFORE, I, THOMAS J. MESKILL, Governor of the State of Connecticut, acting by virtue of the authority vested in me under section twelve of article fourth of the constitution of the state, as supplemented by section 3-1 of the general statutes, do hereby ORDER and DIRECT, as follows, by this Executive Order:

I The labor commissioner shall be responsible for the administration of this Order and shall adopt such regulations as he deems necessary and appropriate to achieve the purposes of this order. Upon the promulgation of this Order, the commissioner of finance and control shall issue a directive forthwith to all state agencies, that henceforth all state contracts and subcontracts for construction on public buildings, other public works and goods and services shall contain a provision rendering such contract or subcontract subject to this Order and that such contract or subcontract may be canceled, terminated or suspended by the labor commissioner for violation of or noncompliance with this Order or state or federal laws concerning nondiscrimination, notwithstanding that the labor commissioner is not a party to such contract or subcontracts.

II

Each contractor having a contract containing the provisions prescribed in section 4-114a of the 1969 supplement to the general statutes, shall file and shall cause each of his subcontractors to file, compliance reports with the contracting agency or the labor commissioner, as may be directed. Such reports shall be filed within such times and shall contain such information as to employment policies and statistics of the contractor and each subcontractors and shall be in such form as the labor commissioner may prescribe. Vendors or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order or any preceding similar Orders and in that event to submit on behalf of themselves and their proposed subcontractors compliance reports prior to or as an initial part of their RFP or negotiation of a contract.

III

Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor organization or employment agency as defined in section 31.122 of the general statute, the compliance report shall identify the said organization or agency and the contracting agency or the labor commissioner, as may be directed, by such organization or agency, signed by an authorized office or agent of such organization or agency, with supporting information, to the effect that the signer’s practices and policies, including but not limited to matters concerning personnel, training, apprenticeship, membership, grievance and representations and upgrading, do not discriminate on the grounds of race, color, religious creed, age, sex or national origin, or ancestry of any individual, and that the signer will either Affirmatively cooperate in the implementation of the policy and provisions of this Order, or that it consents and agrees, that recruitment, employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the Order.

IV

The labor commissioner may be regulation exempt certain classes of contracts, subcontracts or purchase orders from the implementation of this Order, for standard commercial supplies or raw materials for less than specified amounts of money or numbers of workers or for subcontractors below a specified tier. The labor commissioner may also provide by regulation for the exemption of facilities of a contractor which are in all respects separate and distinct from activities of the contractor related to the performance of the state contract, provided only that such exemption will not interfere with or impede the implementation of this Order, and provided further, that in the absence of such an exemption, all facilities shall be covered by the provisions of this Order.

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V Each contracting agency shall be primarily responsible for obtaining compliance with the regulations of the labor commissioner with respect to contracts entered into by such agency or its contractors. All contracting agencies shall comply with the regulations of the labor commissioner in discharging their primary responsibility for securing compliance with the provisions of contracts and otherwise with the terms of this Order and of the regulations of the labor commissioner issued pursuant to this Order. They are directed to cooperate with the labor commissioner and to furnish the labor commissioner such information and assistance as he may require in the performance of his functions under this order. They are further directed to appoint or designate from among the personnel of each agency, compliance officers, whose duty shall be to seek compliance with the objectives of this Order by conference, conciliation, mediation or persuasion.

VI

The labor commissioner may investigate the employment practices and procedures of any state contractor or subcontractor and the practices and policies of any labor organization or employment agency hereinabove described, relating to employment under the state contract, as concerns nondiscrimination by such organization or agency as hereinabove described or the labor commissioner may initiate such investigation by the appropriate contract agency, to determine whether or not the contractual provisions hereinabove specified or statutes of the state respecting them have been violated. Such investigation shall be conducted in accordance with the procedures established by the labor commissioner and the investigating agency shall report to the labor commissioner any action taken or recommended.

VII

The labor commissioner shall receive and investigate or cause to be investigated complaints by employees or prospective employees of a state contractor or subcontractor or members or applicants for membership or apprenticeship or training in a labor organization or employment agency hereinabove described, which allege discrimination contrary to the contractual provisions specified hereinabove or state statutes requiring nondiscrimination in employment opportunity. If this investigation is conducted for the labor commissioner by a contracting agency, that agency shall report to the labor commissioner what action has been taken or is recommended with regard to such complaints.

VIII

The labor commissioner shall use his best efforts, directly and through contracting agencies, other interested federal, state and local agencies, contractors and all other available instrumentalities including the commission on human rights and opportunities the executive committee on human rights and opportunities and the apprenticeship council under its mandate to provide advice and counsel to the labor commissioner in providing equal employment opportunities to all apprentices and to provide training, employment and upgrading opportunities for disadvantaged workers, in accordance with section 31-51(d) of the 1969 supplement to the general statutes, to cause any labor organization or any employment agency whose members are engaged in work under government contracts or referring workers or providing or supervising apprenticeship or training for or in the course of work under a state contract or subcontract to cooperate in the implementation of the purposes of this Order. The labor commissioner shall in appropriate cases notify the commission on human rights and opportunities or other appropriate state or federal agencies whenever it has reason to believe that the practices of any such organization or agency violate equal employment opportunity requirements of state or federal law.

IX

The labor commissioner or any agency officer or employee in the executive branch designated by regulation of the labor commissioner may hold such hearings, public or private as the labor commissioner may deem, advisable for compliance, enforcement or educational purposes under this Order.

X

(a) The labor commissioner may hold or cause to be held hearings, prior to imposing ordering or recommending the imposition of penalties and sanctions under this Order. No order for disbarment of any contractor from further state contracts shall be made without affording the contractor an opportunity for a hearing. In accordance with such regulations as the labor commissioner may adopt, the commissioner or the appropriate contracting agency may

1. Publish or cause to be published the names of contractors or labor organizations or employment agencies as hereinabove described which it has concluded have complied or failed to comply with the provisions of this Order or the regulations of the labor commissioner in implementing this Order.

2. Recommend to the commission on human rights and opportunities that in cases in which there is substantial or material violation or threat thereof of the contractual provision or related state statutes concerned herein, appropriate proceedings be brought to enforce them, including proceedings by the commission on its own motion under chapter 563 of the general statutes and the enjoining, within the limitations of applicable law, of organizations individuals or groups who prevent directly or indirectly or seek to prevent directly or indirectly compliance with the provisions of this order.

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3. Recommend that criminal proceedings be brought under chapter 939 of the general statutes.

4. Cancel, terminate, suspend or cause to be canceled, terminated, or suspended in accordance with law any contract or any portion or portions thereof for failure of the contractor or subcontractor to comply with the nondiscrimination provisions of the contract. Contracts may be canceled, terminated, suspended absolutely or their continuance conditioned upon a program for future compliance approved by the contracting agency.

5. Provide that any contracting agency shall refrain from entering into any further contracts or extensions or modifications of existing contracts with any contractor until he has satisfied the labor commissioner that he has established and will carry out personnel and employment policies compliant with this Order.

6. Under regulations prescribed by the labor commissioner each contracting agency shall make reasonable effort within a reasonable period of time to secure compliance with the contract provisions of this Order by methods of conference, conciliation, mediation or persuasion, before other proceedings shall be instituted under this Order or before a state contract shall be canceled or terminated in whole or in part for failure of the contractor or subcontractor to comply with the contract provisions of state statue and this Order.

(b) Any contracting agency taking any action authorized by this Order, whether on its own motion or as directed by the labor commissioner or pursuant to his regulations shall promptly notify him of such action. Whenever the labor commissioner makes a determination under this Order, he shall promptly notify the appropriate contracting agency and other interested federal, state and local agencies of the action recommended. The state and local agency or agencies shall take such action and shall report the results thereof to the labor commissioner within such time as he shall specify.

XI

If the labor commissioner shall so direct, contracting agencies shall not enter into contracts with any Vendor or prospective contractor unless he has satisfactorily complied with the provisions of this Order, or submits a program for compliance acceptable to the labor commissioner, or if the labor commissioner so authorizes, to the contracting agency.

XII

Whenever a contracting agency cancels or terminates a contract, or a contractor has been disbarred from further government contracts because of noncompliance with the contract provisions with regard to nondiscrimination, the labor commissioner or the contracting agency shall rescind such disbarment upon the satisfaction of the labor commissioner that the contractor has purged himself of such noncompliance and will thenceforth carry out personnel and employment policies of nondiscrimination in compliance with the provision of this Order.

XIII

The labor commissioner may delegate to any officer, agency or employee in the executive branch any function or duty of the labor commissioner under this Order except authority to promulgate regulations of a general nature.

XIV

This Executive Order supplements the Executive Order issued on September 28, 1967. All regulations, orders, instructions, designations and other directives issued heretofore in these promises including those issued by the heads of various departments or agencies under or pursuant to prior order or statute, shall remain in full force and effect, unless and until revoked or superseded by appropriate authority, to the extent that they are not…