23-1026_Dec_2_24_solicitation_doc.pdf

Solicitation Number: 23-1026

Brush & Leaf Debris Grinding

Invitation to Bid (ITB)

Plymouth, Town of

October 31, 2023 - November 26, 2023

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General Header Information

23-1026

No. 23-1026 Title: Brush & Leaf Debris Grinding Start Date: October 31, 2023 at 10:00:00 AM EDT End Date: November 26, 2023 at 10:00:00 AM EST Vendor Q&A Start Date: November 06, 2023 at 7:00:00 AM EST Vendor Q&A End Date: November 21, 2023 at 3:00:00 PM EST Estimated Total Value:

Who can respond to this bid? : All Vendors Description: Grinding of Wood Debris

Plymouth Brush & Leaf Facility Tunnel Rd., Terryville, CT

Delivery Terms: Free On Board Destination Payment Terms: Vendor Specified Contact Information: Plymouth, Town of

Carl R. Johnson Interim Director of Public Works 80 Main Street Terryville CT, 06786 United States Tel: (860)585-4030 cjohnson@plymouthct.us

Contact Details: If you have any questions, please contact:

Carl R. Johnson Interim Director of Public Works 80 Main Street Terryville CT, 06786 United States Tel: (860)585-4030 cjohnson@plymouthct.us

Selected Categories:

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Solicitation Requirements:

23-1026 specifications

Instructions

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TOWN OF PLYMOUTH, CONNECTICUT

INVITATION TO BID FOR

Grinding of Wood Debris

Bid Opening Date: Tuesday, November 21, 2022

Bid Opening Time: 10:00 AM

Bid Opening Place: Plymouth Town Hall – Community Room

80 Main St., Terryville, CT

The Town of Plymouth is seeking sealed bids for Grinding of Wood Debris.

One (1) original and two (2) copies of sealed bids must be received in the Plymouth Mayor’s Office, 80 Main St., Terryville, CT 06786 by the date and time noted above. The Town of Plymouth (the

“Town”) will not accept submissions by e-mail or fax. The Town will reject bids received after the date and time noted above.

Copies of the bid specifications may be obtained from the interim Public Works Director by contacting him through email (cjohnson@plymouthct.us) or by calling 860-585-4030 during regular business hours.

Bids must be held firm and cannot be withdrawn for sixty (60) calendar days after the opening date.

The Town reserves the rights to amend or terminate this Invitation to Bid, accept all or any part of a bid, reject all bids, waive any informalities or non-material deficiencies in a bid, and award the bid to the bidder that, in the Town’s judgment, will be in the Town’s best interests.

There will be a mandatory site walk-through on Wednesday, November 15, 2023, at 10:00 AM at the Plymouth Brush & Leaf Facility, Tunnel Road, Terryville, CT.

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This Invitation to Bid (“ITB”) includes:

•Standard Instructions to Bidders

•Specifications

•Insurance Requirements

•Bid Form

•Bidder’s Legal Status Disclosure

•Bidder’s Certification Concerning Equal Employment Opportunities and Affirmative Action Policy

•Bidder’s Non-Collusion Affidavit

•Bidder’s Statement of References

•Addenda, if any

•The Contract in the form attached.

STANDARD INSTRUCTIONS TO BIDDERS

1.INTRODUCTION

The Town of Plymouth (the “Town”) is soliciting sealed bids for Grinding of Wood Debris. This

ITB is not a contract offer, and no contract will exist unless and until a written contract is signed by the Town and the successful bidder.

Interested parties should submit a bid in accordance with the requirements and directions contained in this ITB. Bidders are prohibited from contacting any Town employee, officer or official concerning this ITB, except as set forth in Section 6, below. A bidder’s failure to comply with this requirement may result in disqualification.

If there are any conflicts between the provisions of these Standard Instructions to Bidders and any other documents comprising this ITB, these Standard Instructions to Bidders shall prevail.

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2.RIGHT TO AMEND OR TERMINATE THE ITB OR CONTRACT

The Town reserves the right to accept or reject any or all bids if it deems it in the best interest of the town.

If this ITB provides for a multi-year agreement, the Town also reserves the right to terminate the

Contract at the end of the last fiscal year for which funds have been appropriated, and the Town shall have no obligation or liability to the successful bidder for any unfunded year or years.

3.KEY DATES

Pre-Bid Conference or Site Visit: November 15, 2023 @ 10:00 AM

Plymouth Brush & Leaf Facility, Tunnel Road, Terryville CT 06786

Last Day for Written Questions: November 16, 2023 @ 3:00 PM

Bid Opening: November 21,2023 @ 10:00 a.m.

4.OBTAINING THE ITB

Copies of the bid specifications may be obtained from the interim Public Works Director by contacting him through email (cjohnson@plymouthct.us) or by calling 860-585-4030 during regular business hours.

5.BID SUBMISSION INSTRUCTIONS

mailto:cjohnson@plymouthct.us

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Bids must be received in the Plymouth Town Hall, Mayor’s Office, 80 Main St., Terryville, CT 06786 prior to the date and time the bids are scheduled to be opened publicly. Postmarks prior to the opening date and time do NOT satisfy this condition. The Town will not accept submissions by e-mail or fax. Bidders are solely responsible for ensuring timely delivery. The Town will NOT accept late bids. Bidders may contact the Public Work’s (860-585-4030) office or Mayor’s office (860-585-

4001) if they will be hand delivering their bid to arrange for drop off/collection of the document.

One (1) original and two (2) copies of all bid documents must be submitted in sealed, opaque envelopes clearly labeled with the bidder’s name, the bidder’s address, the words "BID

DOCUMENTS,” and the Bid Title and Bid Opening Date. The Town may decline to accept bids submitted in unmarked envelopes that the Town opens in its normal course of business. The Town may, but shall not be required to, return such bid documents and inform the bidder that the bid documents may be resubmitted in a sealed envelope properly marked as described above.

Bid prices must be submitted on the Bid Form included in this ITB. All blank spaces for bid prices must be completed in ink or be typewritten; bid prices must be stated in both words and figures.

The person signing the Bid Form must initial any errors, alterations, or corrections on that form.

Ditto marks or words such as “SAME” shall not be used in the Bid Form.

Bids may be withdrawn personally or in writing provided that the Town receives the withdrawal prior to the time and date the bids are scheduled to be opened. Bids are considered valid, and may not be withdrawn, cancelled, or modified, for sixty (60) days after the opening date, to give the Town sufficient time to review the bids, investigate the bidders’ qualifications, secure any required municipal approvals, and execute a binding contract with the successful bidder.

An authorized person representing the legal entity of the bidder must sign the Bid Form and all other forms included in this ITB.

6.QUESTIONS AND AMENDMENTS

Questions concerning the process, procedures and specifications applicable to this ITB are to be submitted in writing (including by e-mail or fax) and directed only to:

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Name:

Paul Pronovost, interim

Director

Department: Public Works

E-mail:

cjohnson@plymouthct.u s Fax: 860-585-4067

Bidders are prohibited from contacting any other Town employee, officer or official concerning this

ITB. A bidder’s failure to comply with this requirement may result in disqualification.

The appropriate Town representative listed above must receive any questions in writing from bidders no later than 3:00 p.m. on November 16, 2023. That representative will confirm receipt of a bidder’s questions by e-mail. The Town will answer all written questions by issuing one or more addenda, which shall be a part of this ITB and the resulting Contract, containing all questions received as provided for above and decisions regarding same.

At least three (3) calendar days prior to bid opening, the Town will email any addenda to individuals that have requested the bid documents. All bidders who intend to submit a bid will need to supply contact information with email when requesting the bid document.

No oral statement of the Town, including oral statements by the Town representative(s) listed above, shall be effective to waive, change or otherwise modify any of the provisions of this ITB, and no bidder shall rely on any alleged oral statement.

7.ADDITIONAL INFORMATION

The Town reserves the right, either before or after the opening of bids, to ask any bidder to clarify its bid or to submit additional information that the Town in its sole discretion deems desirable.

8.COSTS FOR PREPARING BID

Each bidder’s costs incurred in developing its bid are its sole responsibility, and the Town shall have no liability for such costs.

9.OWNERSHIP OF BIDS

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All bids submitted become the Town’s property and will not be returned to bidders.

10.FREEDOM OF INFORMATION ACT

All information submitted in a bid or in response to a request for additional information is subject to disclosure under the Connecticut Freedom of Information Act as amended and judicially interpreted. A bidder’s responses may contain financial, trade secret or other data that it claims should not be public (the “Confidential Information”). A bidder must identify specifically the pages and portions of its bid or additional information that contain the claimed Confidential Information by visibly marking all such pages and portions. Provided that the bidder cooperates with the Town as described in this section, the Town shall, to the extent permitted by law, protect from unauthorized disclosure such Confidential Information.

If the Town receives a request for a bidder’s Confidential Information, it will promptly notify the bidder in writing of such request and provide the bidder with a copy of any written disclosure request. The bidder may provide written consent to the disclosure or may object to the disclosure by notifying the Town in writing to withhold disclosure of the information, identifying in the notice the basis for its objection, including the statutory exemption(s) from disclosure.

The bidder shall be responsible for defending any complaint brought in connection with the nondisclosure, including but not only appearing before the Freedom of Information Commission, and providing witnesses and documents as appropriate.

11.REQUIRED DISCLOSURES

In its Bid Form each bidder must disclose, if applicable:

•Its inability or unwillingness to meet any requirement of this ITB, including but not only any of the Contract Terms contained in Section 26, below;

•If it is listed on the State of Connecticut’s Debarment List;

•If it is ineligible, pursuant to Conn. Gen. Stat. § 31-57b, to be awarded the Contract because of occupational safety and health law violations;

•All resolved and pending arbitrations and litigation matters in which the bidder or any of its principals (regardless of place of employment) has been involved within the last ten

(10) years;

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•All criminal proceedings in which the bidder or any of its principals (regardless of place of employment) has ever been the subject; and

•Each instance in which it or any of its principals (regardless of place of employment) has ever been found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard, or to have committed any other offense arising out of the submission of proposals or bids or the performance of work on public works projects or contracts.

A bidder’s acceptability based on these disclosures lies solely in the Town’s discretion.

12.REFERENCES

Each bidder must complete and submit the Bidder’s Statement of References form included in this

ITB.

13.LEGAL STATUS

If a bidder is a corporation, limited liability company, or other business entity that is required to register with the Connecticut Secretary of the State’s Office, it must have a current registration on file with that office. The Town may, in its sole discretion, request acceptable evidence of any bidder’s legal status.

14.BID SECURITY - N/A

1.PRESUMPTION OF BIDDER’S FULL KNOWLEDGE

Each bidder is responsible for having read and understood each document in this ITB and any addenda issued by the Town. A bidder’s failure to have reviewed all information that is part of or applicable to this ITB, including but not only any addenda posted on the Town’s website, shall in no way relieve it from any aspect of its bid or the obligations related thereto.

Each bidder is deemed to be familiar with and is required to comply with all federal, state and local laws, regulations, ordinances, codes and orders that in any manner relate to this ITB or the performance of the work/provision of the items described herein.

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By submitting a bid, each bidder represents that it has thoroughly examined and become familiar with the scope of work/requested items outlined in this ITB, and it can perform the work/providing the items to achieve the Town’s objectives. If applicable, each bidder shall visit the site, examine the areas, and thoroughly familiarize itself with all conditions of the property before preparing its bid.

16.SUBSTITUTION FOR NAME BRANDS

The bidder must attach detailed information concerning deviations from any name brands specified in the ITB and explain in detail how the substitution compares with the name brand’s specifications.

The Town in its sole discretion shall decide whether the substitution is acceptable.

17.TAX EXEMPTIONS

The Town is exempt from the payment of federal excise taxes and Connecticut sales and use taxes. Federal Tax Exempt #06-6002065. Exemption from State sales tax per Conn. Gen. Stat.

Chapter 219, § 12-412(1). No exemption certificates are required, and none will be issued.

18.INSURANCE

The successful bidder shall, at its own expense and cost, obtain and keep in force at least the insurance listed in the Insurance Requirements that are a part of this ITB. The Town reserves the right to request from the successful bidder a complete, certified copy of any required insurance policy.

19.PERFORMANCE SECURITY - N/A

1.DELIVERY ARRANGEMENTS

The successful bidder shall deliver the item(s) that are the subject of the ITB, at its sole cost and expense, to the location(s) listed in the Specifications.

21.AWARD CRITERIA; SELECTION; CONTRACT EXECUTION

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All bids will be publicly opened and read aloud as received on the date, at the time, and at the place identified in this ITB. Bidders may be present at the opening.

The Town reserves the right to correct, after bidder verification, any mistake in a bid that is a clerical error, such as a price extension, decimal point error or FOB terms. If an error exists in an extension of prices, the unit price shall prevail. In the event of a discrepancy between the price quoted in words and in figures, the words shall control.

The Town reserves the rights to accept all or any part of a bid, reject all bids, and waive any informalities or non-material deficiencies in a bid. The Town also reserves the right, if applicable, to award the purchase of individual items under this ITB to any combination of separate bids or bidders.

The Town will accept the bid that, all things considered, the Town determines is in its best interests.

Although price will be an important factor in most invitations to bid, it will not be the only basis for award. Due consideration may also be given to a bidder’s experience, references, service, ability to respond promptly to requests, past performance, and other criteria relevant to the Town’s interests, including compliance with the procedural requirements stated in this ITB.

The Town will not award the bid to any business that or person who is in arrears or in default to the

Town with regard to any tax, debt, contract, security, or any other obligation.

The Town will issue a Purchase Order to the successful bidder which will act as Notice to Proceed and official start date of the contract.

22.AFFIRMATIVE ACTION, AND EQUAL OPPORTUNITY

Each bidder must submit a completed Bidder’s Certification Concerning Equal Employment

Opportunities and Affirmative Action Policy form included with this ITB. Bidders with fewer than ten

(10) employees should indicate that fact on the form and return the form with their bids.

23.NONRESIDENT REAL PROPERTY CONTRACTORS

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If the successful bidder is a “nonresident contractor” as defined in Conn. Gen. Stat. § 12- 430(7)(A) as amended, it shall comply fully with the provisions of § 12-430(7) and, prior to execution of the

Contract, shall furnish the Town with a copy of the requisite certificate of compliance set forth in §

12-430(7)(E). The successful bidder agrees to defend, indemnify, and hold harmless the Town, its employees, officers, officials, agents, volunteers and independent contractors, including any of the foregoing sued as individuals (collectively, the “Town Indemnified Parties”), from any and all taxes, interest and penalties that the State of Connecticut asserts are due with respect to the successful bidder’s activities under the Contract.

The successful bidder shall also be required to pay any and all attorney’s fees incurred by the

Town Indemnified Parties in enforcing any of the successful bidder’s obligations under this section, whether or not a lawsuit or other proceeding is commenced, which obligations shall survive the termination or expiration of the Contract.

24.COMPLIANCE WITH IMMIGRATION LAWS

By submitting a bid, each bidder confirms that it has complied, and during the term of the Contract will comply, with the Immigration Reform and Control Act (“IRCA”) and that each person it provides under the Contract will always be authorized for employment in the United States of America. Each bidder also confirms that it has a properly completed Employment Eligibility Verification, Form I-9, for each person who will be assigned under the Contract and that it will require each subcontractor, if any, to confirm that it has a properly completed Form I-9 for each person who will be assigned under the Contract.

The successful bidder shall defend, indemnify, and hold harmless the Town, its employees, officers, officials, agents, volunteers and independent contractors, including any of the foregoing sued as individuals (collectively, the “Town Indemnified Parties”), against any and all proceedings, suits, actions, claims, damages, injuries, awards, judgments, losses or expenses, including fines, penalties, punitive damages, attorney’s fees and costs, brought or assessed against, or incurred by, the Town Indemnified Parties related to or arising from the obligations under IRCA imposed upon the successful bidder or its subcontractor. The successful bidder shall also be required to pay any and all attorney’s fees and costs incurred by the Town Indemnified Parties in enforcing any of the successful bidder’s obligations under this provision, whether or not a lawsuit or other proceeding is commenced, which obligations shall survive the termination or expiration of the

Contract.

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25.NON COLLUSION AFFIDAVIT

Each bidder shall submit a completed Bidder’s Non-Collusion Affidavit that is part of this ITB.

26.MUNICIPAL PUBLIC WORKS CONTRACT REQUIREMENTS

The contractor who is selected to perform this State project must comply with CONN. GEN. STAT.

§§ 4a-60, 4a-60a, 4a-60g, and 46a-68b through 46a-68f, inclusive, as amended by June 2015

Special Session Public Act 15-5. An Affirmative Action Plan must be filed with and approved by the

Commission on Human Rights and Opportunities prior to the commencement of construction.

State law requires a minimum of twenty-five (25%) percent of the state-funded portion of the contract for award to subcontractors holding current certification from the Connecticut Department of Administrative Services ("DAS") under the provisions of CONN. GEN. STAT. § 4a- 60g, as amended. (25% of the work with DAS certified Small and Minority owned businesses and 25% of that work with DAS certified Minority, Women and/or Disabled owned businesses.) The contractor must demonstrate good faith effort to meet the 25% set-aside goals.

For municipal public works contracts and quasi-public agency projects, the contractor must file a written or electronic non-discrimination certification with the Commission on Human Rights and

Opportunities.

27.CONTRACT TERMS

The following provisions will be mandatory terms of the Town’s Contract with the successful bidder.

If a bidder is unwilling or unable to meet any of these Contract Terms, it must disclose that inability or unwillingness in its Bid Form (see Section 11 of these Standard Instructions to Bidders):

1.DEFENSE, HOLD HARMLESS AND INDEMNIFICATION

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The successful bidder agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless the Town, its employees, officers, officials, agents, volunteers and independent contractors, including any of the foregoing sued as individuals (collectively, the “Town Indemnified

Parties”), from and against all proceedings, suits, actions, claims, damages, injuries, awards, judgments, losses or expenses, including attorney’s fees, arising out of or relating, directly or indirectly, to the successful bidder’s malfeasance, misconduct, negligence or failure to meet its obligations under the ITB or the Contract. The successful bidder’s obligations under this section shall not be limited in any way by any limitation on the amount or type of the successful bidder’s insurance. Nothing in this section shall obligate the successful bidder to indemnify the Town

Indemnified Parties against liability for damage arising out of bodily injury to persons or damage to property caused by or resulting from the negligence of the Town Indemnified Parties.

In any and all claims against the Town Indemnified Parties made or brought by any employee of the successful bidder, or anyone directly or indirectly employed or contracted with by the successful bidder, or anyone for whose acts or omissions the successful bidder is or may be liable, the successful bidder’s obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by the successful bidder under workers’ compensation acts, disability benefit acts, or other employee benefits acts.

The successful bidder shall also be required to pay any and all attorney’s fees incurred by the

Town Indemnified Parties in enforcing any of the successful bidder’s obligations under this section, which obligations shall survive the termination or expiration of this ITB and the Contract.

As a municipal agency of the State of Connecticut, the Town will NOT defend, indemnify, or hold harmless the successful bidder.

1.ADVERTISING

The successful bidder shall not name the Town in its advertising, news releases, or promotional efforts without the Town’s prior written approval.

If it chooses, the successful bidder may list the Town in a Statement of References or similar document required as part of its response to a public procurement. The Town’s permission to the successful bidder to do so is not a statement about the quality of the successful bidder’s work or product or the Town’s endorsement of the successful bidder.

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1.W-9 FORM

The successful bidder must provide the Town with a completed W-9 form before Contract execution.

1.PAYMENTS

Bidders are encouraged to offer discounts for early payment. All other payments are to be made 30 days after the appropriate Town employee receives and approves the invoice, unless otherwise specified in the Specifications.

In each of its contracts with subcontractors or materials suppliers, the successful bidder shall agree to pay any amounts due for labor performed or materials furnished not later than thirty

1.days after the date the successful bidder receives payment from the Town that encompasses the labor performed or materials furnished by such subcontractor or material supplier. The successful bidder shall also require in each of its contracts with subcontractors that such subcontractor shall, within thirty (30) days of receipt of payment from the successful bidder, pay any amounts due any sub-subcontractor or material supplier, whether for labor performed or materials furnished.

Each payment application or invoice shall be accompanied by a statement showing the status of all pending change orders, pending change directives and approved changes to the Contract.

Such statement shall identify the pending change orders and pending change directives, and shall include the date such change orders and change directives were initiated, additional cost and/or time associated with their performance and a description of any work completed. The successful bidder shall require each of its subcontractors and suppliers to include a similar statement with each of their payment applications or invoices.

1.TOWN INSPECTION OF WORK/PRODUCTS

The Town may inspect the successful bidder’s work or products at all reasonable times. This right of inspection is solely for the Town’s benefit and does not transfer to the Town the responsibility for discovering patent or latent defects. The successful bidder has the sole and exclusive responsibility for performing in accordance with the Contract.

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1.REJECTED WORK OR MATERIALS

The successful bidder, at its sole cost and expense, shall remove from the Town’s property rejected items, commodities and/or work within 48 hours of the Town’s notice of rejection.

Immediate removal may be required when safety or health issues are present.

1.MAINTENANCE AND AVAILABILITY OF RECORDS

The successful bidder shall maintain all records related to the Contract for a period of five (5) years after final payment under the Contract or until all pending Town, state and federal audits are completed, whichever is later. Such records shall be available for examination and audit by Town, state and federal representatives during that time.

1.SUBCONTRACTING

Prior to entering into any subcontract agreement(s) for the subject matter of the Contract, the successful bidder shall provide the Town with written notice of the identity (full legal name, street address, mailing address (if different from street address), and telephone number) of each proposed subcontractor. The Town shall have the right to object to any proposed subcontractor by providing the successful bidder with written notice thereof within seven (7) business days of receipt of all required information about the proposed subcontractor. If the Town objects to a proposed subcontractor, the successful bidder shall not use that subcontractor for performance of any portion of the Contract.

All permitted subcontracting shall be subject to the same terms and conditions as are applicable to the successful bidder. The successful bidder shall remain fully and solely liable and responsible to the Town for performance of the Contract. The successful bidder also agrees to promptly pay each of its subcontractors within thirty (30) days of receipt of payment from the Town or otherwise in accordance with law. The successful bidder shall assure compliance with all requirements of the

Contract. The successful bidder shall also be fully and solely responsible to the Town for the acts and omissions of its subcontractors and of persons employed, whether directly or indirectly, by its subcontractor(s).

1.PREVAILING WAGES

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State law may require that wages paid on an hourly basis to any person performing the work of any mechanic, laborer or worker under the Contract and the amount of payment or contribution paid or payable on behalf of each such person to any employee welfare fund, as defined in Conn. Gen.

Stat. § 31-53, as amended, shall be at a rate equal to the rate customary or prevailing for the same work in the same trade or occupation in the Town. A successful bidder who is not obligated by agreement to make payment or contribution on behalf of such persons to any such employee welfare fund shall pay to each mechanic, laborer or worker as part of such person’s wages the amount of payment or contribution for such person’s classification on each pay day.

Upon Contract award, the successful bidder must certify under oath to the State Labor

Commissioner the pay scale to be used by the successful bidder and its subcontractors.

1.PREFERENCES

The successful bidder shall comply with the requirements of Conn. Gen. Stat. § 31-52(b), as amended. Specifically, the successful bidder agrees that in the employment of labor to perform the

Contract, preference shall be given to citizens of the United States who are, and have been continuously for at least three (3) months prior to the date of the Contract, residents of the labor market area (as established by the State of Connecticut Labor Commissioner) in which such work is to be done, and if no such qualified person is available, then to citizens who have continuously resided in New Haven County for at least three (3) months prior to the date hereof, and then to citizens of the State who have continuously resided in the State at least three (3) months prior to the date of the Contract.

1.WORKERS COMPENSATION

Prior to Contract execution, the Town will require the tentative successful bidder to provide a current statement from the State Treasurer that, to the best of the State Treasurer’s knowledge and belief, as of the date of the statement, the tentative successful bidder was not liable to the State for any workers’ compensation payments made pursuant to Conn. Gen. Stat. § 31-355.

•SAFETY

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The successful bidder and each of its permitted subcontractors shall furnish proof that each employee performing the work of a mechanic, laborer or worker under the Contract has completed a course of at least ten (10) hours in construction safety and health approved by the federal

Occupational Safety and Health Administration or has completed a new miner training program approved by the Federal Mine Safety and Health Administration. Such proof shall be provided with the certified payroll submitted for the first week each such employee, mechanic, laborer, or worker begins work under the Contract.

1.COMPLIANCE WITH LAWS

The successful bidder shall comply with all applicable laws, regulations, ordinances, codes and orders of the United States, the State of Connecticut and the Town related to its bid and the performance of the Contract.

•LICENSES AND PERMITS

The successful bidder certifies that, throughout the Contract term, it shall have and provide proof of all approvals, permits and licenses required by the Town and/or any state or federal authority. The successful bidder shall immediately and in writing notify the Town of the loss or suspension of any such approval, permit or license.

•AMENDMENTS

The Contract may not be altered or amended except by the written agreement of both parties.

1.ENTIRE AGREEMENT

It is expressly understood and agreed that the Contract contains the entire agreement between the parties, and that the parties are not, and shall not be, bound by any stipulations, representations, agreements or promises, oral or otherwise, not printed or inserted in the Contract or its attached exhibits.

1.VALIDITY

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The invalidity of one or more of the phrases, sentences or clauses contained in the Contract shall not affect the remaining portions so long as the material purposes of the Contract can be determined and effectuated.

1.CONNECTICUT LAW AND COURTS

The Contract shall be governed by and construed in accordance with the internal laws (as opposed to the conflicts of law provisions) of the State of Connecticut, and the parties irrevocably submit in any suit, action or proceeding arising out of the Contract to the jurisdiction of the United States

District Court for the District of Connecticut or of any court of the State of Connecticut, as applicable.

1.NON-EMPLOYMENT RELATIONSHIP

The Town and the successful bidder are independent parties. Nothing contained in the Contract shall create, or be construed or deemed as creating, the relationships of principal and agent, partnership, joint venture, employer, and employee, and/or any relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the terms and conditions of the Contract. The successful bidder understands and agrees that it is not entitled to employee benefits, including but not limited to workers compensation and employment insurance coverage, and disability. The successful bidder shall be solely responsible for any applicable taxes.

END OF STANDARD INSTRUCTIONS TO BIDDERS

TOWN OF PLYMOUTH CONNECTICUT

SPECIFICATIONS FOR GRINDING OF WOOD DEBRIS

Scope of Work:

The scope of work involves grinding of two wood debris piles. The ground material must also be removed from the site. The contractor will determine the means and methods to sufficiently grind the pile, although it is assumed a tub grinder or similar equipment will be necessary.

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Other Responsibilities and Provisions:

•Disposal of contractor owned supplies, materials and refuse is at the cost and responsibility of the contractor.

•Contractor to provide all equipment and supplies.

•Contractor must protect site from damage.

•Equipment may be parked at the Brush & Leaf Facility.

•Contractor must remove any material contaminated by hydraulic oil or other contaminants.

Commencement and Completion of Work:

The project shall begin no later than 30 days after the execution of a contract between the winning

Bidder and the Town, or on such other date as agreed by both parties to the contract. The project shall begin with a meeting among Town officials and the winning Bidder. Work must be completed within 30 days of contract award.

Change Orders:

Any work to be completed at an additional cost above the agreed upon price and outside the agreed upon scope of work must be pre-approved in the form of a change order by the Public

Works Director or his designee.

Safety:

•All materials and equipment are to be stored in a safe place that does not interfere with use of the yard.

•All workers are to take the appropriate precautions to prevent any injury to themselves and municipal employees. Contractor must adhere to all applicable OSHA regulations during project.

END OF SPECIFICATIONS

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INSURANCE REQUIREMENTS FOR

Grinding of Wood Debris

The successful bidder agrees to maintain in force at all times during the Contract the following coverages placed with company(ies) licensed by the State of Connecticut which have at least an “A

-” VIII policyholders rating according to Best Publication’s latest edition Key Rating Guide.

(Minimum Limits)

General Liability* Each Occurrence $1,000,000

General Aggregate $2,000,000 Products/Completed Operations Aggregate

$2,000,000

Auto Liability* Combined Single Limit

Each Accident $1,000,000

Umbrella* Each Occurrence $1,000,000

(Excess Liability) Aggregate $1,000,000

* The Town of Plymouth shall be named as “Additional Insured.” Coverage is to be provided on a primary, noncontributory basis. Waiver of subrogation must be provided.

If any policy is written on a “Claims Made” basis, the policy must be continually renewed for a minimum of two (2) years from the completion date of the Contract. If the policy is replaced and/or the retroactive date is changed, then the expiring policy must be endorsed to extend the reporting period for claims for the policy in effect during the Contract for two (2) years from the completion date.

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Workers’ Compensation and WC Statutory Limits

Employers’ Liability EL Each Accident $100,000

EL Disease Each Employee $100,000

EL Disease Policy Limit $500,000

Original, completed Certificates of Insurance must be presented to the Town prior to Contract execution. The successful bidder agrees to provide replacement/renewal certificates at least 60 days prior to the expiration of the policy. Should any of the above described policies be cancelled before the expiration date, written notice must be given to the Town thirty (30) days prior to cancellation.

END OF INSURANCE REQUIREMENTS

BID FORM – GRINDING OF WOOD DEBRIS 2023

BIDDER’S FULL LEGAL NAME:

Pursuant to and in full compliance with the ITB, the undersigned bidder, having visited the site or property if applicable, and having thoroughly examined each and every document comprising the

ITB, including any addenda, hereby offers and agrees as follows:

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Brush & Leaf Facility - (Brush/Chips) to Grind and Haul Out (LUMP SUM)

/100 Dollars (write out in words)- Lump Sum

($ ) (in numbers)-Lump Sum

Brush & Leaf Facility (Bulky Logs) to Haul Out (LUMP SUM)

/100 Dollars (write out in words)-Lump Sum

($ ) (in numbers)-Lump Sum

NOTE: These are two (2) separate numbers and they should not be combined

ACKNOWLEDGEMENT

In submitting this Bid Form, the undersigned bidder acknowledges that the price include all labor, materials, transportation, hauling, overhead, fees and insurance(s), bonds or letters of credit, profit, security, permits and licenses, and all other costs to cover the completed work or to provide the items called for in the ITB. Except as otherwise expressly stated in the ITB, no additional payment of any kind will be made for work accomplished or the items provided under the price as proposed.

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REVISED PAGE:

REQUIRED DISCLOSURES

1.Exceptions to the ITB

This bid does not take exception to any requirement of the ITB, including but not only any of the Contract Terms set forth in Section 26 of the Standard Instructions to Bidders.

OR

This bid takes exception(s) to certain of the ITB requirements, including but not only the following Contract Terms set forth in Section 26 of the Standard Instructions to Bidders. Attached is a sheet fully describing each such exception.

1.State Debarment List

Is the bidder on the State of Connecticut’s Debarment List?

Yes

No

1.Occupational Safety and Health Law Violations

Has the bidder or any firm, corporation, partnership or association in which it has an interest (1) been cited for three (3) or more willful or serious violations of any occupational safety and health act or of any standard, order or regulation promulgated pursuant to such act, during the three-year period preceding the bid (provided such violations were cited in accordance with the provisions of any state occupational safety and health act or the Occupational Safety and Health Act of 1970, and not abated within the time fixed by the citation and such citation has not been set aside following appeal to the appropriate agency or court having jurisdiction) or (2) received one or more criminal convictions related to the injury or death of any employee in the three-year period preceding the bid?

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If “yes,” attach a sheet fully describing each such matter.

1.Arbitration/Litigation

Has either the bidder or any of its principals (regardless of place of employment) been involved for the most recent ten (10) years in any resolved or pending arbitration or litigation?

1.Criminal Proceedings

Has the bidder or any of its principals (regardless of place of employment) ever been the subject of any criminal proceedings?

1.Ethics and Offenses in Public Projects or Contracts

Has either the bidder or any of its principals (regardless of place of employment) ever been found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard, or to have committed any other offense arising out of the submission of proposals or bids or the performance of work on public works projects or contracts?

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NOTE: THIS DOCUMENT, IN ORDER TO BE CONSIDERED A VALID BID, MUST BE SIGNED

BY A PRINCIPAL OFFICER OR OWNER OF THE BUSINESS ENTITY THAT IS SUBMITTING

THE BID. SUCH SIGNATURE CONSTITUTES THE BIDDER’S REPRESENTATIONS THAT IT

HAS READ, UNDERSTOOD AND FULLY ACCEPTED EACH AND EVERY PROVISION OF EACH

DOCUMENT COMPROMISING THE ITB, UNLESS AN EXCEPTION IS DESCRIBED ABOVE.

ACKNOWLEDGE ADDENDA

Addendum #______________________ Date:_______________________________

By:______________________________ Title:_______________________________

(Print Name)

_________________________________ Date:_______________________________

(Signature)

END OF BID FORM

GRINDING OF WOOD DEBRIS 2023

BIDDER’S LEGAL STATUS DISCLOSURE

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Please fully complete the applicable section below, attaching a separate sheet if you need additional space.

For purposes of this disclosure, “permanent place of business” means an office continuously maintained, occupied and used by the bidder’s regular employees regularly in attendance to carry on the bidder’s business in the bidder’s own name. An office maintained, occupied and used by a bidder only for the duration of a contract will not be considered a permanent place of business. An office maintained, occupied and used by a person affiliated with a bidder will not be considered a permanent place of business of the bidder.

IF A SOLELY OWNED BUSINESS:

Bidder’s Full Legal Name

Street Address

Mailing Address (if different from Street Address) Owner’s Full

Legal Name Number of years engaged in business under sole proprietor or trade name Does the bidder have a “permanent place of business” in Connecticut, as defined above?

Yes No

If yes, please state the full street address (not a post office box) of that “permanent place of business.”

IF A CORPORATION:

Street Address

Mailing Address (if different from Street Address)

Owner’s Full Legal Name

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Number of years engaged in business

Names of Current Officers

President Secretary Chief Financial Officer

Does the bidder have a “permanent place of business” in Connecticut, as defined above?

IF A LIMITED LIABILITY COMPANY:

Bidder’s Full Legal Name Street Address

Mailing Address (if different from Street Address) Owner’s Full

Legal Name Number of years engaged in business Names of Current Manager(s) and Member(s)

Name & Title (if any) Residential Address (street only)

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Does the bidder have a “permanent place of business” in Connecticut, as defined above?

IF A PARTNERSHIP:

Bidder’s Full Legal Name Street Address

Mailing Address (if different from Street Address) Owner’s Full

Legal Name Number of years engaged in business Names of Current Partners

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Name & Title (if any) Residential Address (street only) Does the bidder have a “permanent place of business” in Connecticut, as defined above?

Sign on the next page

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(print)

Name and Title of Bidder’s Authorized Representative

(signature)

Bidder’s Representative, Duly Authorized

Date

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END OF LEGAL STATUS DISCLOSURE FORM

TOWN OF PLYMOUTH CONNECTICUT

Grinding of Wood Debris 2023

BIDDER’S CERTIFICATION

Concerning Equal Employment Opportunities And Affirmative Action Policy

I/we, the bidder, certify that:

1.I/we are in compliance with the equal opportunity clause as set forth in Connecticut state law (Executive Order No. Three, http://www.cslib.us/exeorder3.htm).

1.I/we do not maintain segregated facilities.

1.I/we have filed all required employer's information reports.

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1.I/we have developed and maintain written affirmative action programs.

1.I/we list job openings with federal and state employment services.

1.I/we attempt to employ and advance in employment qualified handicapped individuals.

1.I/we are in compliance with the Americans with Disabilities Act.

1.I/we (check one):

have an Affirmative Action Program, or employ 10 people or fewer.

Legal Name of Bidder (signature)

Name of Bidder’s Authorized Representative

Title of Bidder’s Authorized Representative

Date: ____________________________

BIDDER’S NON-COLLUSION AFFIDAVIT

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The undersigned bidder, having fully informed himself/herself/itself regarding the accuracy of the statements made herein, certifies that:

1.the bid is genuine; it is not a collusive or sham bid;

2.the bidder developed the bid independently and submitted it without collusion with, and without any agreement, understanding, communication or planned common course of action with, any other person or entity designed to limit independent competition;

3.the bidder, its employees and agents have not communicated the contents of the bid to any person not an employee or agent of the bidder and will not communicate the bid to any such person prior to the official opening of the bid; and

4.no elected or appointed official or other officer or employee of the Town of Plymouth is directly or indirectly interested in the bidder’s bid, or in the supplies, materials, equipment, work or labor to which it relates, or in any of the profits thereof.

The undersigned bidder further certifies that this affidavit is executed for the purpose of inducing the Town of Plymouth to consider its bid and make an award in accordance therewith.

Legal Name of Bidder (signature)

Name of Bidder’s Authorized Representative

Title of Bidder’s Authorized Representative

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Date:________,20 .

Subscribed and sworn to before me this day of , Notary Public

My Commission Expires:

BIDDER’S STATEMENT OF REFERENCES

Provide at least three (3) references:

1.BUSINESS NAME ADDRESS

CITY,

STATE TELEPHONE:

INDIVIDUAL CONTACT NAME

AND POSITION

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This bid has no questions defined.

This bid does not have any documents.

1.BUSINESS NAME ADDRESS

CITY,

STATE TELEPHONE:

1.BUSINESS NAME ADDRESS

CITY,

STATE TELEPHONE:

END OF STATEMENT OF REFERENCES

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Item Specifications Solicitation has been designated as having no line items.

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