2027.0056 Bid Documents General Conditions and Specifications.pdf

CITY OF STAMFORD

PURCHASING DEPARTMENT

SEALED BIDS MUST BE RECEIVED ONLINE VIA PROCUREWARE BY THE DATE AND

TIME OF BID OPENING

CONSTRUCTION BID PACKAGE

Bid Number: 2027.0056 Title of Bid City Bid - Cooling Tower Upgrade at Terry Conners Ice

Rink Requesting Department Engineering

Project Manager Josh Noggle, Building Systems Engineer Deadline for questions August 20, 2026 @ 11:59 P.M.

Questions must be submitted online via the Clarifications feature in ProcureWare.

Date of Bid Issuance August 13, 2026 Date of Bid Opening August 28, 2026 Time 11:00 A.M.

Bid Deposit Required – Yes

If yes, amount required 5% Successful bidders only – Performance & Payment Bond Required

Yes

If yes, Amount required 100% Successful Bidders Only – Maintenance Bond Required No

If yes, amount required Pre-bid meeting or walkthrough Yes

Mandatory Yes Date/Time August 19, 2026 10:00 A.M.

Location Meet in front of the Terry Conners Ice Rink, located at 1125 Cove Rd, Stamford, CT 06902.

This Bid Specification was prepared to solicit sealed bids on behalf of the City of Stamford Engineering Bureau from qualified responsible contractors for the replacement of the existing cooling tower, associated pumps, sump pump and water treatment system at the ice rink. The cooling tower will be furnished by the owner and installed by the contractor. All other equipment as stated in the bid documents will be purchased and installed by the contractor.

The scope of work is further delineated in the attached specifications and drawings provided for this project.

All terms and conditions, specifications and bid forms are attached hereto. The lowest responsible bidder may be required to attend a meeting with City officials prior to the awarding of the bid contract.

MAYOR

CAROLINE SIMMONS

PURCHASING MANAGER

ERIK J. LARSON

INTERNET USAGE ACKNOWLEDGEMENT

Caution: The competitive bid/proposal process requires the City of Stamford provide all competitors with equal and timely access to information. To enhance our capabilities, the Purchasing Department is providing bid information over the Internet. You may use this application provided you agree with the following understandings:

1. The City cannot guarantee that the equipment involved in this technology will be available to provide information or receive transmittals. IT IS YOUR RESPONSIBILITY TO ENSURE

THAT YOU HAVE CURRENT INFORMATION AND THAT QUOTATIONS ARE

RECEIVED AT THE DESIGNATED LOCATION, COMPLETE AND ON TIME.

2. The City is not responsible for the confidentiality of information transmitted over the Internet.

3. The City makes no guarantee as to the completeness or accuracy of downloaded "Request for Bid", "Request for Proposal" or "Request for Qualification."

BID SUBMISSION REQUIREMENTS

Bids/Proposals must be received online in ProcureWare by the Purchasing Department by the due date and time in order to be considered. Please be advised that the Purchasing Department does not accept bids or proposals by email or fax.

The following documents will be required to satisfy bid submission mandates:

� City of Stamford Ordinance Compliance Form � Contractor’s Statement � Non-Collusion Affidavit � Pricing Sheets (If Applicable) � Technical Specifications or Specification Checklist (If Applicable) � City of Stamford State of Connecticut Contractor Verification (in accordance with Public

Act 16-67 Compliance Affidavit (For all school projects) � A Certificate of Corporate Resolution signed by the Secretary of your firm, authorizing you to execute a contract.

Or

� A Certification as to Contract Signatory for Limited Liability Companies (LLCs) signed by the Secretary of your firm, authorizing you to execute a contract.

� Bidder’s Information and Acknowledgement Form � Department of the Treasury Internal Revenue Service Form W-9. Proposers shall download, complete and return the current IRS W-9 form - https://www.irs.gov/forms-pubs/about-form-w-9

� Commission on Human Rights and Opportunities Contract Compliance Regulations Notification to Bidders Formhttp://www.ct.gov/chro/lib/chro/Notification_to_Bidders.pdf

� Supplier Registration Form

The Purchasing Agent reserves the express right, on behalf of the City of Stamford, to waive any/all technical defects, irregularities and omissions if the best interest of the City is served.

https://www.irs.gov/forms-pubs/about-form-w-9 https://www.irs.gov/forms-pubs/about-form-w-9 http://www.ct.gov/chro/lib/chro/Notification_to_Bidders.pdf

Notice to Bidders

1. All bids will be opened promptly at the advertised time of opening. There can and will be no delays or postponements which are not publicly advertised. Any bid received after the advertised time of opening cannot be accepted.

2. Obligation of bidders:

At the time of opening bids, each bidder shall be presumed to have inspected the sites, and to have read and made himself thoroughly familiar with the plans and contract documents including all addenda. The failure or omission of any bidder to receive or examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his bid.

Each bidder must fully inform himself of the construction and labor conditions relating to the work which is now or will be performed. Failure to do so will not relieve the successful bidder of his obligation to furnish all labor and materials necessary to carry out the provision of the contract documents and to complete the contemplated work. Inasmuch as possible, the contractor must, in carrying out his work, employ such methods or means as will not cause any interruptions or interference with the work of any other contractor.

3. Time is of the essence

The Contractor acknowledges that if the project is not completed by the date specified as the substantial completion date in the contract entered into between the City and the Contractor, as may be amended by change order, the City will suffer material direct damages, the exact amount of which is and will be difficult to determine and accurately specify. Accordingly, the Contractor agrees, by submitting its bid, to pay the City, as liquidated damages and not as a penalty, a per diem amount of 1/10 of 1% for every calendar day that substantial completion is delayed beyond said contract date. The Contractor, by submitting its bid, agrees that such liquidated damages are a reasonable pre-estimate of the direct damages the City will incur as a result of delayed completion of the project. The City may deduct said liquidated damages from any unpaid amounts then or thereafter due the Contractor. Any liquidated damages not so deducted shall be payable by the Contractor to the City, together with interest, from the date of demand. The City’s right to claim and/or collect these liquidated damages shall not be construed as a limitation of the City’s right to claim any indirect consequential damages related to delay of the project.

4. The City of Stamford is an Affirmative Action/Equal Opportunity Employer/purchaser.

Small, Minority, Women and Disadvantaged Business Enterprises are encouraged to respond.

General Conditions: 1

GENERAL CONDITIONS

• Your bid is to be made F.O.B. Stamford, CT - including any/all delivery and unloading, if so required.

• The City of Stamford, as a municipal corporation in the State of Connecticut, is exempt from the payment of all taxes and none should be included in your bid.

• Bids shall be submitted on the proposal forms included. Please be sure to fill in the bidder’s name, address, etc. and the bid title and date of bid opening. Bid due dates are clearly stated on the bid cover sheet. If for any reason, the bid cover sheet is detached from the bid package, it will be the responsibility of the bidder to contact the City Purchasing Department to determine the actual bid due date.

• Bids received after the time and date indicated shall not be accepted and shall be returned unopened.

• Amendments and / or withdrawals to bids received shall not be allowed or accepted after the time and date of bid opening.

• Any verbal agreement or arrangement made by bidders with any City Agency, Employee, or Agent of the City shall be disregarded and have neither force nor affect upon the bid.

• The Purchasing Agent reserves the express right, on behalf of the City of Stamford, to waive any / all technical defects, irregularities and omissions if, the best interest of the City shall be served.

THE CITY OF STAMFORD RESERVES THE RIGHT TO REJECT ANY/ALL BIDS

No bidder may withdraw her/his/its bid for a period of one hundred twenty (120) days from the date of bid opening. Under no event or circumstances may a contractor withdraw a bid once the City has accepted the bid, so long as the City is diligent in proceeding towards the execution of a formal contract.

Any bid, which does not comply with or conform to the specifications contained herein, shall be rejected as non-conforming.

Any entries on the bid form/proposal or pricing sheet and the preceding or following pages other than those provided in the underlined blanks shall not be considered by the City of Stamford in making an award and, in the sole discretion of the city, may constitute grounds for disqualifying the proposer.

The successful bidder (hereinafter referred to as the Bidder) shall, at all times, guard the owner’s property from any damage or loss caused by the execution of this bid and shall be solely liable for any damage or loss suffered as a result of the work itself - or non-completion thereof. The bidder shall, at the completion of the project, leave the project site in a condition acceptable to the City.

The bidder shall comply with all laws, ordinances, rules and regulations relevant to the completion of this bid and shall be solely responsible for the procurement of any/all requisite permits and compliance therewith.

General Conditions: 2

The undersigned declare(s) that I/WE AM/ARE the only person(s) interested in this bid and that this bid is submitted without any connection with any other bidding entity. A further declaration is made that this bid price is fair and has been made without any aspect of collusion, price fixing or fraud. Further, that no employee or agent of the City of Stamford is directly or indirectly interested in any profits to be derived from the performance of this bid.

INQUIRIES:

All inquiries regarding this Bid must be submitted online via the Clarifications feature in ProcureWare. The deadline for submitting questions is listed on the cover page. Do not submit questions to the Project Manager. Questions submitted outside of ProcureWare and/or after the deadline will not receive a response. Please be advised while a solicitation is active, requests for information, including information related to the prior solicitation from prospective bidders/proposers, should be submitted via the Clarifications feature. Answers will be provided via an addendum.

ASSIGNMENT:

The performance of the requirements of this bid shall not be assigned to a party not herein named without the express written consent of the City of Stamford. The Purchasing Agent shall only give such consent, for the purposes of this bid.

PERFORMANCE, PAYMENT AND MAINTENANCE BONDS (IF APPLICABLE):

If performance, payment and maintenance bonds are required for this bid as specified on the bid’s Cover Sheet, the bidder shall furnish surety bonds from a licensed surety in the State of Connecticut and acceptable to the City of Stamford. The surety bonds shall be in the form of traditional bonds or in the form of an irrevocable letter of credit drawn on a financial institution acceptable to the City, in amounts stipulated. Said surety bonds shall be for the faithful and proper performance of all persons/corporations performing work towards the acceptable completion of this contract. The face value of the performance bond shall be as noted on the bid’s Cover Sheet. The face value of the maintenance bond shall be as noted on the bid’s Cover Sheet or $5,000.00, whichever is greater. The maintenance bond shall be for a period commencing upon the expiration of the performance bond and terminating twenty-four (24) months following completion and acceptance of the work by the City. Such maintenance bond shall be provided by the bidder to the City upon completion and acceptance of the work by the City. The cost of all such required surety bonds shall be borne entirely by the bidder. Said surety bonds shall be provided no later than FIFTEEN (15) Calendar Days from the date of AWARD of this bid.

The performance and payment bonds must both be underwritten by an insurance company licensed to do business in the State of Connecticut and currently listed in the Department of Treasury’s Treasury Listing of approved Sureties (MOST RECENT CIRCULAR) and rated B+ or better by A. M. Best in the full stipulated amount of the contract.

If a certified check is provided in lieu of the submission of a surety bond or a letter of credit, the City shall deposit said check in a non-interest bearing account and shall be entitled to retain said sum in its accounts for the duration of the Agreement, including extensions thereof. Said sum shall constitute surety for the faithful and proper performance of the contract work. In the event that the Contractor defaults in its performance of the contract work, the City shall be entitled to

General Conditions: 3 use said surety funds in its sole discretion to compensate for the Contractor’s default. No interest shall be paid on said surety funds regardless of the Term of the Agreement or duration of the work.

BID DEPOSIT:

Bid deposits shall be made payable to the City of Stamford. Such deposit shall be in the form of a Bid Bond of Acceptable Surety, (see Performance Bonds); a Certified Bank Instrument or Postal Money Order. Regardless of form, said deposit shall cover the maximum dollar amount that could be awarded under the bid, i.e. the base bid plus any alternates awarded. Any bid submitted without the required bid security shall be rejected as non-conforming.

PROJECT COMMENCEMENT:

Any project commencing without the proper authorization shall be declared “NULL” and “VOID” and no payment shall be authorized.

CLAYTON ACT:

The bidder offers and agrees to assign to the Public Body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act, 15 U.S.C. and Sec. 15, or under Chapter 624 of the General Statutes of Connecticut, arising out of the purchase of services, property or intangibles of any kind pursuant to a public purchase contract or subcontract. This assignment shall be made and become effective at the time the purchasing body awards or accepts such contract without further acknowledgment by the parties.

NON-DISCRIMINATION AND AFFIRMATIVE ACTION; MINORITY BUSINESS

ENTERPRISES

1) The contractor agrees and warrants that in the performance of the contract, it 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, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons, 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, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons, 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 State of Connecticut Commission on Human Rights and Opportunities [“the Commission”].

General Conditions: 4

(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, 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 Connecticut General Statutes Sections 46a-60 and 46a-60a, and with each regulation or relevant order issued by the Commission pursuant to the Connecticut General Statues.

(b) The contractor agrees and warrants that it will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on the public works project encompassed by the Bid Documents.

"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 minority, as such term is defined in subsection (a) of Connecticut General Statutes Section 32-9n; 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.

Determination of the contractor's good faith efforts shall include but shall not be limited to the following factors: the contractor's employment and subcontracting policies, patterns and practices; affirmative advertising, recruitment and training; technical assistance activities and such other reasonable activities or efforts as the commission may prescribe that are designed to ensure the participation of minority business enterprises in public works projects.

NONDISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION

(1) The contractor agrees and warrants that in the performance of the contract, it will not discriminate or permit discrimination against any person or group of persons on the grounds of sexual orientation, in any manner prohibited by the laws of the United States or of the state of Connecticut, and those employees is treated when employed without regard to their sexual orientation;

(2) 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 [“the Commission”] 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;

(3) The contractor agrees to comply with each provision of Connecticut General Statutes Section 4a-60a and with each regulation or relevant order issued by said Commission pursuant to the Connecticut General Statutes.

General Conditions: 5

ADMINISTRATIVE RECONSIDERATION (26.53(d)).

Within thirty (30) days of being informed by the City of Stamford that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidders/offerors should make this request in writing to the following Reconsideration Official:

Director of Administration City of Stamford

888 Washington Boulevard Stamford, CT 06901

The Reconsideration official will not have played any role in the original determination that the bidder/offeror did not document sufficient good faith efforts.

INSURANCE REQUIREMENTS (IF APPLICABLE - SEE ATTACHED APPENDIX 1):

GIFTS:

During the term of this contract, including any extensions, the Contractor shall refrain from making gifts of money, goods, real or personal property or services to any appointed or elected official or employee of the City of Stamford or the Stamford Board of Education or any appointed or elected official or employee of their Boards, Commissions, Departments, Agencies or Authorities. All references to the Contractor shall include its officers, directors, employees, and owners of more than 5% equity in the contractor. Violation of this provision shall constitute a material breach of this Agreement, for which this Agreement may be summarily terminated.

SET-OFF OF PROPERTY TAXES OWED TO THE CITY:

Pursuant to the City of Stamford Code of Ordinances Section 23-18.4.1 and Section 12-146b of the Connecticut General Statutes, as amended, the Consultant/Contractor hereby acknowledges that the City shall have the right to set-off or withhold any payment, or portion thereof, due to the Consultant/Contractor pursuant to this Agreement if any taxes levied by the City against any property, both real and personal, owned by the Consultant/Contractor are delinquent and have been so delinquent for a period of not less than one year. Any amount withheld from the Consultant/Contractor pursuant to this section shall be applied to the Consultant’s/Contractor’s delinquent taxes, provided, however, that no such amount withheld shall exceed the amount of tax, plus penalty, lien fees and interest, outstanding at the time of withholding.

WRITTEN AGREEMENT:

The successful bidder will be required to enter into a written Agreement with the City of Stamford for the completion of this project.

QUANTITIES:

The quantities shown are approximate and for comparison purposes only. The actual amounts purchased shall be predicated upon satisfaction of the City’s needs. In addition, the City reserves the right to award on an item by item basis.

General Conditions: 6

The City reserves the right, subject to mutual agreement with the successful bidder, to extend the terms of this bid, at the bid price, for a mutually agreed upon period of time.

PAYMENT:

The City’s terms of payment are “NET THIRTY (30) DAYS AFTER PRESENTATION OF INVOICE.” No invoice will be paid until acceptance of goods ordered.

PROMPT PAYMENT TO SUBCONTRACTORS:

Your attention is called to the serious problem of delayed payments to subcontractors for work completed and for which payment has been made by this Department to the general contractor or consultant.

Section 49-41a and Section 49-41c of the Connecticut General Statutes require general contractors to pay their subcontractors within THIRTY (30) DAYS of having received payment by the City for work performed or materials furnished by such subcontractor. In turn, subcontractors have THIRTY (30) DAYS upon receiving payment from the general contractor to pay their subcontractors.

Therefore, it is vital that prompt payments be made in accordance with the spirit and intent of this law.

TERMINATION:

A. TERMINATION FOR CAUSE, SANCTIONS AND PENALTIES. If, through any cause, the Contractor shall fail to fulfill, in a timely and proper manner, its obligations under this Agreement, or if the Contractor shall violate any laws or any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished reports, documents, data, studies, photographs, or other material prepared by the Contractor pursuant to its performance under this Agreement shall, at the option of the City, become the City’s property. The Contractor shall be entitled to receive just and equitable compensation for any satisfactory services completed up to the effective date of termination. The Contractor shall not be responsible for any claims resulting from the City’s use of the documents on another project or changes made to the documents without the Contractor’s express written permission;

The term "cause" includes, without limitation the following:

1) If the Contractor furnished any statement, representation, warranty or certification in connection with this Agreement, which is materially false, deceptive, incorrect, or incomplete;

2) If the Contractor fails to perform to the City's satisfaction any material requirement of this Agreement or is in violation of any specific provision thereof or any State or Federal law or requirement; or

General Conditions: 7

3) If the City reasonably determines that satisfactory performance of this Agreement is substantially endangered or can reasonably anticipate such an occurrence or default.

Should the City terminate this Agreement for cause, the Contractor shall not be relieved of liability to the City for any damages sustained by the City by virtue of any breach of this Agreement by the Contractor and the City may withhold any payment to the Contractor for the purposes of setoff until such time as the exact amount of damages due the City from the Contractor is determined. Further, if applicable, the City shall have the right to:

1) Complete the work of this Agreement, or any part thereof, either by itself or by other contractors, at the expense of the Contractor;

2) Purchase the products or services that are the subject of this Agreement elsewhere and hold the Contractor responsible for any increase in cost;

3) Pursue any equitable remedy, including, but not limited to, specific performance or injunction; and/or

4) Disqualify the Contractor from bidding on, submitting proposals for, or being awarded any City contract for a period not to exceed two (2) years from the date of such termination;

B. TERMINATION FOR CONVENIENCE. The City may terminate this Agreement at any time the City determines that the purposes of the distribution of monies under the Agreement would no longer be served by the services provided. The City shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination.

In that event, all finished or unfinished documents and other materials as described Subsection A shall, at the option of the City, become property of the City. If the Agreement is terminated by the City as provided herein, the Contractor shall be paid an amount which bears the same ratio to the total compensation as the services actually and satisfactorily performed to the effective date of termination bear to the total services of the Contractor pursuant to the terms of the Agreement, less payments of compensation previously made, and subject to the City's right of set off for any damages pursuant to the terms of the Agreement.

DISPUTE RESOLUTION.

A. EXECUTIVE MEETING

The parties shall endeavor to resolve all claims, disputes, or other matters in controversy arising out of or related to the Contract (“Claims”) through a meeting of the chief executives of each party, or their respective designees (“Executive Meeting”).

A request for an Executive Meeting shall be made by a party in writing and delivered to the other party. The request may be made concurrently with the filing of a non-binding mediation as set forth herein. The Executive Meeting shall be a condition precedent to mediation unless 30 days have passed after the Executive Meeting has been requested with no meeting having been held.

General Conditions: 8

The Executive Meeting shall be held in the place where the Project is located, unless another location is mutually agreed upon.

B. MEDIATION

Any Claim subject to, but not resolved by, an Executive Meeting shall be subject to mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation.

The request may be made concurrently with the filing of arbitration but, in such event, mediation shall proceed in advance of arbitration, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.

The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

C. ARBITRATION

Any Claim subject to, but not resolved by, mediation shall, in the sole discretion of the

City, be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration.

A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim.

The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law.

Any judgment will be entered or court action will be brought in a court of competent jurisdiction within the State of Connecticut.

D. PERFORMANCE DURING DISPUTE

Unless otherwise directed by the City of Stamford, Contractor shall continue performance under this Contract while matters in dispute are being resolved.

E. CLAIMS FOR DAMAGES

Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing

General Conditions: 9 to such other party within a reasonable time after the first observance of such injury or damage.

BID APPEAL AND HEARING PROCEDURES:

1. Any firm that believes the Bid process was unfair may appeal to the City. A letter stating reasons for appeal should be sent to the Director of Legal Affairs and the Purchasing Agent within five (5) calendar days of the Bid opening.

2. A hearing shall be conducted in accordance with C.G.S. Section 4-176e through 4-181a, as amended, which are incorporated herein. The hearing officer shall issue a written decision within ninety (90) days of the last date of such hearing and state in the decision the reasons for the action taken.

3. Where applicable, review of protests by the FTA will be limited to the City’s failure to have or follow its protest procedures, or its failure to review a complaint or protest. An appeal to the FTA must be received by the cognizant FTA regional or Headquarters Office within five

(5) working days of the date the protester knew or should have known of the violation.

WRITTEN PROTEST PROCEDURES:

1. The procedures established hereunder shall be available to contractors for the purpose of handling and resolving disputes relating to procurements hereunder. A protester must exhaust all administrative remedies hereunder before pursuing a protest in any court of law. Where applicable any information received under such procedures shall be disclosed to the Federal Transit Administration (“FTA”) and a protester must exhaust all administrative remedies before pursuing a protest with the FTA.

2. The term “contractor” means any person, firm or corporation which has contracted or seeks to contract with the City of Stamford.

3. The term “Hearing officer” shall mean a person appointed by the Mayor to hear and decide allegations made by any contractor relating to procurements hereunder.

NON-APPROPRIATION:

Contractor acknowledges that the City is a municipal corporation and that the City’s obligation to make payments under this Agreement is contingent upon the appropriation by the City’s Board of Representatives of funds sufficient for such purposes, for each budget year in which this Agreement is in effect. If sufficient funds to provide for the payment(s) hereunder are not appropriated, the City may terminate this Agreement upon notice in writing to the Contractor.

TERMS:

The terms “bidder” and “contractor” are used interchangeably in this document.

ISSUING OFFICE:

This Bid is being issued by the Purchasing Department, on behalf of the requesting department, City of Stamford, hereinafter referred to as the “City.”

General Conditions: 10

REJECTION OF BIDS AND SELECTION OF OPTION:

The City reserves the right, for any reason, to refuse any and all bids submitted under these bid specifications. The City also reserves the right to select the option that it believes is the most beneficial to the City of Stamford.

ADDENDA TO BID:

Amendments to this Bid may be necessary prior to the closing date and will be furnished to all prospective bidders.

For technical questions concerning this bid please contact the Project Manager identified on the cover sheet. All inquiries will be answered through the Purchasing Department in the form of Addenda.

BASIS OF AWARD:

An award will be made to the lowest, responsible, qualified bidder in compliance with the specifications, as applicable.

SUBMISSION OF BIDS:

All sealed bids should be submitted on-line to the City of Stamford’s Purchasing Department no later than the date appearing on the cover page at https://stamfordct.procureware.com at 11:00

A.M. LATE BIDS WILL BE REJECTED.

INDEPENDENT PROJECT COST DETERMINATION AND GRATUITIES:

By submission of its offer the bidder certifies that in connection with this procurement:

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

B. The bidder agrees that the prices quoted in this proposal will not change for a period of one hundred twenty (120) days after the receipt at the Purchasing Department of their bid;

C. Unless otherwise required by law, the costs that 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 award, directly or indirectly to any other bidder or to any competitor;

D. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition; and

E. No elected or appointed officials or employees shall benefit financially or materially from any contract that may result from the procurement.

AVAILABILITY OF FUNDS:

The contract award under this Bid Specification is contingent upon the availability of funding to the requesting department for this project. In the event that funds are not available for any reason, any contract resulting from this Bid may become void and of no force and effect.

General Conditions: 11

TERMINATION FOR DEFAULT OR FOR THE CONVENIENCE OF THE

CONTRACTING AGENCY:

Performance under any contract resulting from this Bid may be terminated by the City whenever:

A. The contractor shall default in performance of its contract and shall fail to correct such default within the period specified by the contracting office in a notice specifying default; or

B. The contracting office shall determine that termination is in the better interest of the Office of Operations and/or of the City of Stamford.

Termination will be effected by delivery to the contractor of a notice to terminate, stating the date upon which the termination becomes effective. Under certain circumstances the City may be prepared to consider reimbursing the contractor for appropriate documented expenditures, in the event of such termination.

AMBIGUITY IN THE BID SPECIFICATION:

Prior to submitting their bid, the contractor is responsible to bring to the City’s attention any ambiguity in this Bid Specification. Not to do so shall result in the contractor forfeiting any claim for adjustment based on such ambiguity that should have been noted by a prudent contractor.

CONTRACT AGREEMENT:

The selected bidder may be required to sign a formal written contract agreement with the City of Stamford. Refusal on the part of the bidder to sign this contract will result in forfeiture of their bid deposit.

INSURANCE REQUIREMENTS:

The selected bidder will be required to deliver an insurance certificate in amounts and terms as noted in this bid document to the Risk Manager of the City of Stamford.

BID DEPOSIT:

Bids must be accompanied with a bid bond or certified check, payable to the City of Stamford, in the amount of five percent (5%) of the total bid price including any add alternates. The bond or check of the selected bidder shall be retained by the City until the bid is awarded and a contract is fully executed and all required insurance certificates are delivered to the City’s Risk Manager.

Bonds and checks received from the unsuccessful bidders, unless forfeited, will be returned within a reasonable time of proposal submission.

PERFORMANCE GUARANTEE:

The selected bidder shall, prior to the signing of the contract, furnish the City a Letter of Credit or an executed Performance, Maintenance and Payment Bond issued by a surety company authorized to do business in the State of Connecticut, both subject to acceptance by the City’s

General Conditions: 12

Risk Manager, and to be in force for the duration of the contract. The bond shall represent 100% of the contract price.

PAYMENT OF INVOICES:

Invoices are subject to acceptance and approval by the City of Stamford in accordance with certification made by the requesting department on the basis of consistency with the contract.

INFORMATION ON BIDDERS’ BACKGROUND:

In addition to the specific information required to be submitted in direct response to this procurement, the City of Stamford reserves the right to request certain additional information from any/all bidders, such as Dunn & Bradstreet reports, certified financial statements, lists and details on equipment and other important and necessary information and documents that will serve the best interest of the City, in the opinion of the Purchasing Agent and/or Director of Operations, in determining the capabilities of a contractor.

SUB-CONTRACTING OR TRANSFER OF CONTRACT AFTER CONTRACT

SIGNING:

No portion of or the total awarded contract shall be sub-contracted or transferred to any other company or individual by the contractor without the prior written approval by the City of Stamford. The City has the right to disapprove of such sub-contracting or transfer if it feels that it is not in the best interest of the City.

NON-PERFORMANCE PENALTY:

The City shall promptly notify the contractor, in writing, of any non- performance activity on the part of the contractor. The contractor shall be required to immediately comply with the request of the City. If the contractor fails to comply within 48 hours, the City has the right to terminate the contract and collect the performance bond and/or claim damages and proceed with other legal action against the contractor. Failure of the City to give such notice shall not compromise or diminish the City’s rights to give such notice in the future.

KEY PERSONNEL:

Vendors must clearly explain and identify, in detail, the services they provide and identify their qualifications. Vendors must provide a resume indicating their experience.

OUT OF STATE BIDDERS:

Out-of-state bidders without a permanent office in the State of Connecticut are required by the Connecticut Department of Revenue Services to obtain an Out-of-State Contractors “Guarantee Bond” if awarded the contract.

SAMPLE AGREEMENT:

A sample agreement follows and is made a part of these conditions. The actual contract submitted for your firm’s signature will include the particulars of the specific bid package, but will not vary in any other material way.

AGREEMENT

THIS AGREEMENT dated this day of , 20 , by and between the CITY OF STAMFORD, a municipal corporation in the State of Connecticut, hereinafter referred to as the “City”, 888 Washington Boulevard, Stamford, Connecticut 06904, acting herein by CAROLINE SIMMONS, its Mayor, hereunto duly authorized, and , with principal offices located at , , , hereinafter referred to as the “Contractor”, acting herein by , , duly authorized.

WITNESSETH

WHEREAS, the Contractor has submitted a Bid to the City, in response to the City’s Invitation to Bid No. S- .

WHEREAS, the Contractor was the lowest, qualified, responsible bidder and the City has accepted the Contractor’s Bid for said work, pursuant to the terms hereinafter set forth.

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. SCOPE OF SERVICES. The scope of services shall consist of those duties, functions, obligations, responsibilities, and tasks set forth in:

1. The City of Stamford Invitation to Bid No. 20XX , which is incorporated by reference herein;

2. The Contractor’s Bid that was submitted in response to the City of Stamford Invitation to Bid No. 20XX , incorporated by reference herein.

2. COMPENSATION. The City shall pay as compensation to the contractor the amount of Dollars ($ .00), based on the total bid as quoted in its bid submitted to the City for Bid S- .

Or

The Contractor’s compensation from the City for the services provided pursuant to this Agreement shall be based on the unit prices as set forth in Item Nos. 1 through ? of the Contractor’s Bid Sheet included in its Bid attached hereto as Exhibit B.

or

The Contractor’s compensation from the City for the services provided pursuant to this Agreement shall be based on the unit prices as set forth in Item Nos. 1 through ? of the Contractor’s Bid Sheet not to exceed included in its Bid attached hereto as Exhibit B.

The total shall include all charges, direct costs, indirect costs, expenses, and fees of the Contractor. Said compensation shall be paid by the City upon review and approval of the Contractor’s invoices for payment, as required by the City’s Code of Ordinances (hereinafter referred to as “the Code”).

3. TIME OF COMMENCEMENT AND COMPLETION OF WORK. The Contractor shall commence the work on the date of execution of this Agreement by both parties and shall complete the work in a diligent and efficient manner no later than XXXX (XXXX) calendar days after contract execution (hereinafter the Substantial Completion Date).

It is agreed and understood that time is of the essence and that if the Contractor fails to complete the work within the period allowed, the City shall have the right to terminate this Agreement and/or pursue appropriate legal recourse for the Contractor’s breach of this Agreement. If the project is not completed by the date specified as the Substantial Completion Date in the bid documents and/or in the contract entered into between the City and the Contractor, the Contractor shall pay the City liquidated damages in the daily amount of 1/10 of 1% of the total contract value, as set forth in greater detail in the Notice to Bidders. The City may deduct liquidated damages from any unpaid amounts then or thereafter due the Contractor. Any liquidated damages not so deducted shall be payable by the Contractor to The City, together with interest, from the date of demand. The City’s right to claim and/or collect such liquidated damages shall not be construed as a limitation of the City’s right to claim any indirect consequential damages related to delay of the work of this Agreement.

Contractor’s sole remedy for owner’s delays shall be an extension of time to complete the work and Contractor hereby waives any claims for consequential damages, including, but not limited to, principal office expense, loss of financing, reputation and/or lost profit.

4. REVIEW OF WORK. The Contractor will permit the City, its officers, agents, and employees, to review, at any time, all work performed under the terms of this Agreement at any stage of the work.

5. INDEMNIFICATION. The Contractor shall indemnify, hold harmless and, at the City’s option, defend the City, its officers, agents and employees, from third party claims for loss, cost, damage, liability, and/or injury to or death of a person, including the agents and employees of the Contractor, or loss of or damage to property, resulting directly or indirectly from the Contractor’s or the Contractor’s officers’, agents’ or employees’ negligent performance pursuant to this Agreement, or by any negligent omission to perform some duty imposed by law or this Agreement upon the Contractor, its officers, agents and employees. The foregoing indemnity shall include reasonable attorneys’ fees and costs of suit, if applicable, shall not be limited by reason of any insurance coverage required pursuant to this Agreement, and shall survive the termination of this Agreement.

6. ASSIGNMENT. The Contractor shall not assign or otherwise transfer any portion of the work set forth herein without the prior written approval of the City.

7. BOOKS AND RECORDS. The Contractor shall maintain or cause to be maintained all records, books, or other documents relative to charges, costs, expenses, fees, alleged breaches of Agreement, settlement of claims, or any other matter pertaining to the Contractor’s demand for compensation by the City for a period of not less than three (3) years from the date of the final payment for work performed under this Agreement.

8. REPRESENTATION. The Contractor represents that it is an expert in relation to the work to be performed under this Agreement. The Contractor further represents that it has the requisite skill, expertise, and knowledge necessary to perform the scope of services required under the terms of this Agreement, including any supplementary work and the City relies upon said representation in executing this Agreement.

9. INSURANCE. The Contractor shall provide and pay for such insurance as is more particularly described in the City’s “Insurance Requirements” set forth in the City’s Invitation to Bid and/or as attached hereto as APPENDIX 1.

10. CHANGE ORDERS AND EXTRAS. Pursuant to Section 23-18.4C of the City’s Code of Ordinances, it is specifically understood and agreed by the Contractor that all change orders and contract extras regarding this Agreement shall be governed by the City’s Charter and/or the Code. The City shall not be liable for payment of any additional costs unless the provisions of the City Charter and/or the Code are fully complied with.

11. SET-OFF OF PROPERTY TAXES OWED TO THE CITY. Pursuant to the City of Stamford Code of Ordinances Section 23-18.4.1 and Section 12-146b of the Connecticut General Statutes, as amended, the Consultant/Contractor hereby acknowledges that the City shall have the right to set-off or withhold any payment, or portion thereof, due to the Consultant/Contractor pursuant to this Agreement if any taxes levied by the City against any property, both real and personal, owned by the Consultant/Contractor are delinquent and have been so delinquent for a period of not less than one year.

Any amount withheld from the Consultant/Contractor pursuant to this section shall be applied to the Consultant’s/Contractor’s delinquent taxes, provided, however, that no such amount withheld shall exceed the amount of tax, plus penalty, lien fees and interest, outstanding at the time of withholding.

12. SUBCONTRACTING. The Contractor is prohibited from subcontracting, unless it has obtained, in writing, the permission of the City to employ the specific subcontractors proposed to be used by the Contractor. Pursuant to Section 103.4 of the City’s Code of Ordinances, the Contractor shall provide the City with the names and addresses of all proposed subcontractors at least five (5) business days prior to their employment. FOR SCHOOL PROJECTS: The Contractor shall provide the City fully executed copies of the City of Stamford State of Connecticut Contractor Verification (in accordance with Public Act 16-67) Compliance Affidavit(s) for all proposed subcontractors. An agreement made in violation of this provision shall confer no rights on any subcontractor and shall be null and void.

13. NON-APPROPRIATION. Contractor acknowledges that the City is a municipal corporation and that the City’s obligation to make payments under this Agreement is contingent upon the appropriation by the City’s Board of Representatives of funds sufficient for such purposes, for…