PROJECT MANUAL & SPECIFICATIONS

Town of Montville

Camp Oakdale Pickleball Court Parking Lot Improvements

20 Simpson Lane

Uncasville, Connecticut 06382

Bid No. 2027-01

Prepared for:

Town of Montville, Connecticut

310 Norwich-New London Turnpike Uncasville, Connecticut 06382

The project is funded by a Connecticut Department of Energy and Environmental Protection (CTDEEP) STEAP Urban Act Grant

Revised: July 9, 2026 (Issued for Bid) May 29, 2026

Prepared By:

CLA Engineers, Inc.

317 Main Street Norwich, CT 06360

Ph: 860-886-1966 F: 860-886-9165 www.claengineers.com http://www.claengineers.com/

Civil · Structural · Survey

TABLE OF CONTENTS

I. ADVERTISEMENT FOR BIDS

II. MONTVILLE BID DISCLOSURE INFORMATION TO BIDDERS

III. INSTRUCTIONS TO BIDDERS

IV. PROPOSAL FORMS

1. Bid Form

2. Form of Bid Bond

3. Statement of Bidders Qualifications

4. Proposed Subcontractors

5. Proposed Suppliers

6. Non-Discrimination in Employment

7. Non-Collusion Affidavit of Prime Bidder

8. Certificate as to Corporate Principal

9. Commission on Human Rights and Opportunities Contract Compliance

Regulations Notification to Bidders & Bidder Contract Compliance Monitoring Report

V. AGREEMENT AND CONTRACT FORMS

1. Form of Agreement

2. Form of Performance Bond

3. Form of Payment Bond

VI. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

VII. SUPPLEMENTARY CONDITIONS

VIII. TECHNICAL SPECIFICATIONS

IX. INSURANCE REQUIREMENTS

X. PREVAILING WAGE RATES & REQUIREMENTS

I. ADVERTISEMENT TO BID

TOWN OF MONTVILLE

INVITATION FOR PROPOSALS

BID #2027-01

The Town of Montville is interested in receiving proposals for the Camp Oakdale Pickle Ball Court

Parking Lot Improvement project. A copy of the plans and specifications is available at www.montville-ct.org.

All proposals are due no later than August 12, 2026 at 10:00 AM and must be received at the

Finance Office prior to the due date and time. A proposal must be delivered by regular mail, overnight mail, or by hand to the Town of Montville, Finance Office, 310 Norwich/New London

Turnpike, Uncasville, Connecticut 06382, with the proposal contained in a sealed envelope marked

“Camp Oakdale Pickle Ball Court Parking Lot Improvements”. The proposal must be signed by a Company official. Proposals will be opened and read aloud in the Finance Office.

This contract is subject to state contract compliance requirements, including non- discrimination statutes and set-aside requirements. State law requires a minimum of twenty-five (25%) percent of the state-funded portion of the contract be set aside for award to subcontractors holding current certification as Small Business Enterprises (“SBE”) from the Connecticut Department of

Administrative Services (“DAS”). A minimum of 6.25% of the state-funded portion must be set aside for subcontractors holding current DAS certification as Minority-, Women-, and/or

Disabled-owned businesses (“M/W/DisBE”). The contractor must demonstrate good faith effort to meet the 25% set-aside goals.

In addition to other reservations and conditions contained in the proposal documents, the Town of

Montville reserves the right to waive any technical defects in the proposals received; to waive any formalities or irregularities; to reject any and all proposals for any reason, including that it or they do not conform to the terms and conditions described herein, as determined by the Town in its sole discretion; to accept or reject any part of any proposal received; to present and negotiate terms of a contract together or separately with any party submitting a proposal; to determine qualifications exclusively and finally; to request additional qualifications; and to select any proposal or part thereof based on any combination of factors, including the amount proposal, the time of completion, and the Town’s best interests. The Town reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether or not that proposal is selected.

Leonard G. Bunnell Sr., Mayor http://www.montville-ct.org/

II. MONTVILLE BID DISCLOSURE

INFORMATION TO BIDDERS

Information to Bidders

BID DISCLOSURE

The Town of Montville reserves the right to reject any or all bids and waive any informalities or irregularities in the bid procedure or bids.

The Town may hold the bids for a period not to exceed ninety (90) days from the date of the bid opening to review the bids and investigate the bidders’ qualifications prior to awarding the contract.

All bidders are advised the Town of Montville has enacted through resolutions the following special condition concerning Town bids and purchases.

1. Seller agrees that as a condition of his sale of goods and/or services to the Town of Montville, the Town of Montville will be authorized to deduct from the proceeds due Seller an amount not to exceed 25% of the total amount due Seller. Said amount is to be applied against any unpaid and overdue taxes, assessments, fees, or other charges levied by the town of Montville or any agency thereof against the Seller. The Seller further agrees that Seller shall insure that Seller has the right to withhold an amount not to exceed 25% from each subcontractor working for the Seller, and providing goods and/or services to the Town of Montville, and to remit such withheld money to the Town in full or partial satisfaction of any unpaid and overdue taxes, assessments, fees, or other charges levied by the Town of Montville or any agency thereof against such subcontractor.

EJCDC C-200 Instructions to Bidders for Construction Contracts Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

Page ii

III. INSTRUCTIONS TO BIDDERS

Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

Associated General Contractors of America

2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

(703) 548-3118 www.agc.org

The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/ http://www.agc.org/

Page Article 1 – Defined Terms

Article 2 – Copies of Bidding Documents

Article 3 – Qualifications of Bidders

Article 4 – Examination of Bidding Documents, Other Related Data, and Site

Article 5 – Pre-Bid Conference

Article 6 – Site and Other Areas

Article 7 – Interpretations and Addenda

Article 8 – Bid Security

Article 9 – Contract Times

Article 10 – Liquidated Damages

Article 11 – Substitute and “Or-Equal” Items

Article 12 – Subcontractors, Suppliers and Others

Article 13 – Preparation of Bid

Article 14 – Basis of Bid; Comparison of Bids

Article 15 – Submittal of Bid

Article 16 – Modification and Withdrawal of Bid

Article 17 – Opening of Bids

Article 18 – Bids to Remain Subject to Acceptance

Article 19 – Evaluation of Bids and Award of Contract

Article 20 – Contract Security and Insurance

Article 21 – Signing of Agreement

Article 22 – Sales and Use Taxes

Article 23 – Retainage

Article 24 – Employment of Labor

Article 25 – Provisional Items Article 26 – Safety Standards Article 27 – CHRO Compliance & State Set Aside …………………………………………………… 12

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. In this case the Finance Office, Montville Town Hall located at 310 Norwich New London Tpke, Uncasville, Connecticut 06382.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents are available digitally only as stated in the advertisement or invitation to bid. Neither the Owner nor Engineer will be responsible for full or partial sets of Bid Documents obtained from any other source.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, within 5 days of Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below or as otherwise requested by the Owner.

A. Not Applicable

B. List of major equipment available for this contract.

3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND

SITE

4.01 Not Applicable

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Not Applicable

4.04 Not Applicable

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid.

Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. The Bidder must perform these investigations within the bid advertisement period and at a time at the discretion of the Owner.

4.06 Not Applicable

4.07 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. Not Applicable

E. Not Applicable

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 – PRE-BID CONFERENCE

5.01 There will be no prebid conference for this project.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 No interpretation of the meaning of the Drawings, Specifications, or other prebid documents will be made to any bidder orally. Every request for such interpretation must be in writing and addressed to Kyle Haubert, CLA Engineers, Inc., 317 Main Street, Norwich, CT 06360; Fax: 860- 886-9165, email at: khaubert@claengineers.com. Interpretations or clarifications considered necessary in response to such questions will be issued by Addenda. Questions received less than seven (7) days prior to the date and time for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

7.03 Potential Bidders are responsible for checking the Town of Montville website at http://www.townofmontville.org/ for any addendums and updates regarding this Bid.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of mailto:khaubert@claengineers.com http://www.townofmontville.org/ seven days after the Effective Date of the Agreement or 120 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which the Work is to be substantially completed and ready for final payment is set forth in the Agreement.

9.02 All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

9.03 Days to Achieve Substantial Completion and Final Payment

A. The Work will be substantially completed within 30 calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 30 calendar days after the date when the Contract Times commence to run.

B. Bidders should pay special attention to the duration and time frames for road closure and detour as specified on the Plans and Technical Specifications.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages are set forth in the Agreement and as follows.

10.02 Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1,000.00 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those substitute or “or-equal” materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or-equal” item. No item of material or equipment will be considered by Engineer as a substitute or “or-equal” unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from the Engineer.

13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each part of the Bid Proposal, bid item, and unit price item listed therein. The Bid price(s) shall be written in both words and figures, and in the case of a discrepancy between the two the amount in words shall govern.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the Bidder’s name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.08 All names shall be printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

13.12 Bidders shall include a statement that they and all subcontractors will comply with Executive Order No. Three, Executive Order No. Sixteen and Executive Order No. Seventeen, Office of Federal Contract Compliance Programs (OFCC) Executive Order No. 11246, Executive Order 12549 and CGS 31-53a, and federal regulation 2 CFR 200.216 as amended, copies of which are attached at the end of this document.

13.13 All bidders shall complete and submit the following documents with their bid:

A. Proposal Form:

Acknowledgement of Addendums

B. Bid Form – Unit Pricing C. Bid Security (Bid Bond or Certified Check) D. Statement of Bidder’s Qualifications E. Proposed Subcontractors F. Proposed Suppliers G. Non-Collusion Affidavit H. Non-Discrimination in Employment I. Certificate as to Corporate Principal J. CHRO Bidder Contract Compliance Form

ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.02 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 Sealed Bids One (1) Original and a PDF version on a USB drive (or equal) of all bid documents shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title, bid number, time of bid opening and date, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to the Finance Office, Montville Town Hall located at 310 Norwich New London Tpke, Uncasville, Connecticut 06382, and must arrive prior to the date and time of Bid Opening.

Sales and Use Tax: Vendors are reminded that the Connecticut State Sales and Use Tax and associated Federal taxes are not applicable under this contract, and therefore these taxes are not to be included in the price.

Under the terms of Connecticut Agencies Regulations §12-426-18, Contractors and Subcontractors, the contractor may purchase materials and supplies as are to be installed or placed in projects being performed under these contracts and will remain in such projects after completion, including tangible personal property that remains tangible personal property after its installation or placement, without payment of the tax and shall not charge any such exempt organization or agency any sales or use tax thereon.

15.02 The bidder agrees and warrants that in the submission of this sealed bid, they will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religion, national origin, sex, or physical disability including, but not limited to blindness, unless it is shown by such bidder that such disability prevents performance of that which must be done to successfully fulfill the terms of this sealed bid or in any manner which is prohibited by the laws of the United States or the State of Connecticut: and further agrees to provide the Human Relations Commission with such information requested by the Commission concerning the employment practices and procedures of the bidder. An Affirmative Action Statement will be required by the successful bidder.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids or authorized postponement thereof.

16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. This provision to withdraw a Bid without forfeiting the Bid Security does not apply to Bidder’s errors in judgment in preparing the Bid.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids or any part of any Bid, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.06 If Contract is to be awarded, Owner will award the Contract to the responsible Bidder who’s Bid, conforming with all the material terms and conditions of the Instructions to Bidders, is lowest, price and other factors considered. The lowest price will be determined based on the “Total Base Bid Price”, or if the Owner elects to perform any “Alternate” work if specified on the Bid Form the Base Bid Price as modified by the selected “Alternate” amount(s). If detailed in the bid form, factors such as discounts, transportation costs, and life cycle costs may be used to determine which bidder, if any, is to be offered the award.

19.07 The Town of Montville reserves the right to award in part, to reject any and all, in whole or in part, for misrepresentation or if the respondent is in default of any prior Town contract, or if the Respondent limits or modifies any of the terms and conditions and/or specifications of the Request.

The Town also reserves the right to waive technical defects, irregularities and omissions if, in its judgment, the best interest of the Town will be served.

ARTICLE 20 – CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from Connecticut state sales and use taxes on materials and equipment to be incorporated in the Work. (Exemption Number will be provided after execution of the agreement).

Said taxes shall not be included in the Bid. Refer to Paragraph 6.10 of the Supplementary Conditions for additional information.

ARTICLE 23 – RETAINAGE

23.01 Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the Last day of each month during performance of the Work as provided below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions.

a. 95 percent of Work completed (with the balance being retainage); and

b. 0 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

23.02 Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion.

ARTICLE 24 – EMPLOYMENT OF LABOR

24.01 The wages paid to mechanics, laborers or workmen employed upon the work herein contracted to be done shall be at a rate equal to the rate of wages prevailing for the same work in the same trade or occupation in the Montville area as determined by the labor Commissioner of the State of Connecticut. See Section 31.53 of the General Statutes of the State of Connecticut, Revision of 195S, as amended.

24.02 Public Act 79-325 passes by the 1979 Legislature covers exemptions from Section 31.53 of the General Statutes. Under the new exemptions, effective October 31, 2017, the regulations that the prevailing wage must be paid for work performed by contractors and subcontractors in connection with work on public facilities will not apply:

To public work alterations, repair, refinishing projects with total cost of less than $100,000.

To public works new construction with a total cost of less than $1,000,000.

All Bidders are informed that the project is considered REPAIR construction.

24.03 All Bidders are advised to inform themselves and to comply with the requirements of Federal, State and local laws governing the employment of labor.

24.04 The Contractor shall provide certified payroll sheets to the Owner which includes all employees involved with the project for each payroll period during the course of the project.

ARTICLE 25 – PROVISIONAL ITEMS

25.01 Provisional items are delineated in the bid form. Quantities for provisional items may or may not be used in whole or in part at the discretion of the Owner. This shall in no way affect the established contract unit prices. All bid unit prices for provisional items shall be added to establish the total bid amount.

ARTICLE 26 – SAFETY STANDARDS

26.01 Bidder agrees to comply with all of the latest Federal and State Safety Standards and Regulations and certifies that all work required in this bid will conform to and comply with said standards and regulations. Bidder further agrees to indemnify and hold harmless the Town for all damages assessed against the Town as a result of Bidder's failure to comply with said standards and/or regulations.

26.02 Safety and Health Standards: Successful bidders must demonstrate compliance with all applicable

OSHA standards including without limitations the following standards:

29 CFR 1926.650 “Excavations-Scope, application, and definitions” 29 CFR 1926.651 “Excavations-Specific Excavation Requirements” 29 CFR 1926.652 “Excavations-Requirements for Protective Systems” 29 CFR 1926.Subpart P Appendix F – “Selection of Protective Systems” 29 CFR 1910.1200 “Hazard Communication” 29 CFR 1910.146 “Permit Required Confined Spaces” DOT “Pipeline Safety Regulations Part 192”

26.03 The successful bidder shall provide written documentation of each employee’s “Operator

Qualifications” for the appropriate required tasks.

26.04 The successful bidder shall provide written documentation of the companies Drug & Alcohol policy in accordance with DOT 49 CFR part 199 and DOT 49 CFR part 40

26.05 The successful bidder shall provide written “competent person“ training documentation.

26.06 The contractor is responsible for ensuring OSHA compliance, and his responsibility includes supervising and monitoring work site conditions for OSHA compliance. If the contractor uses subcontractors the contractor is responsible for ensuring that the subcontractors fulfill their obligations with respect to employee safety, particularly including those which affect the entire site.

26.07 The Owner shall consider OSHA violations(s) over the past five years in determining the ability of the Contractor to comply with OSHA requirements and in determining whether contractor is a responsible bidder. If there has been an OSHA violation within the past five (5) years (measured from the date of the bid), the contractor shall provide copies of the citation(s), all documents regarding final determination of such citations including settlement any explanation(s) of such violation(s).

ARTICLE 27 – CHRO COMPLIANCE & STATE SET ASIDE

27.01 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.

27.02 State law requires a minimum of twenty-five (25%) percent of the state-funded portion of the contract be set aside for award to subcontractors holding current certification from the Connecticut Department of Administrative Services (“DAS”) under the provisions of CONN.

GEN. STAT. § 4a-60g. (25% of the total state-funded value with DAS-certified Small Businesses and 6.25% of the total state-funded value with DAS-certified Minority-, Women-, and/or Disabled-owned Businesses.) The contractor must demonstrate good faith effort to meet the 25% set-aside goals.

24.03 The successful Bidder shall submit the required project-specific Set-Aside Plan to the

CHRO. Training for contractors is available here.

https://portal.ct.gov/-/media/chro/cc-documents/sap-format.docx https://portal.ct.gov/chro/contract-compliance/contract-compliance/technical-assistance-ta-sessions'

EJCDC C-410 Bid Form for Construction Contracts

Page i

IV. PROPOSAL FORMS

BID FORM

TOWN OF MONTVILLE

CAMP OAKDALE

PICKLEBALL COURT PARKING LOT IMPROVEMENTS

Page iii

Page

ARTICLE 1 – BID Recipient

ARTICLE 2 – BIDDER’S Acknowledgements

ARTICLE 3 – BIDDER’S Representations

ARTICLE 4 – BIDDER’S Certification

ARTICLE 5 – BASIS of Bid

ARTICLE 6 – TIME of Completion

ARTICLE 7 – Attachments to This Bid

ARTICLE 8 – Defined Terms

ARTICLE 9 – Bid Submittal

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Town of Montville

Finance Department

310 Norwich-New London Turnpike

Uncasville, CT 06382

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an

Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding

Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that

Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in SC-4.02 as containing reliable "technical data," and (2) reports

Addendum No. Addendum Date and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data."

E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and drawings identified in the

Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by

Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3)

Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

E. Bidder and all subcontractors will comply with Executive Order No. Three, Executive

Order No. Sixteen and Executive Order No. Seventeen, Office of Federal Contract

Compliance Programs (OFCC) Executive Order No. 11246, Executive Order 12549 and CGS 31-53a, and federal regulation 2 CFR 200.216 as amended.

F. State of Connecticut Set Aside: 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.

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

DAS-certified Small Businesses and 6.25% of the total state-funded value with DAS-certified Minority-, Women-, and/or Disabled-owned Businesses.) The contractor must demonstrate good faith effort to meet the 25% set-aside goals.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Unit prices are to be written in both words and figures. In case of discrepancy, the unit price shown in words will govern.

BASE BID

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT

1. Mobilization L.S. L.S.

UNIT PRICE IN WORDS:

2. Maintenance and Protection of Traffic L.S. L.S.

3. Sedimentation and

Erosion Control L.S. L.S.

4. Test Pit Excavation 20 C.Y.

5. Provisional Item

Gravel Fill 50 C.Y.

5. Processed Gravel Base 250 C.Y.

7. Provisional Item

Crushed Stone 50 C.Y.

8. Two Course Bituminous Concrete 435 Ton

9. Bituminous Concrete

Lip Curbing 650 L.F.

10. Concrete Sidewalk, Ramps, and Curbs 300 S.F.

11. 8” CPP

(Gasketed, Water Tight) 40 L.F.

12. Catch Basins

Type “C”, “C-L” or “CG” 1 Ea.

13. Replace Catch Basin Top 2 Ea.

14. Connect to Existing

Drainage Structure 1 Ea.

15. Topsoil, Seed, Fertilize and Mulch L.S. L.S.

16. Plantings: Shade Trees 6 Ea.

TOTAL BASE BID AMOUNT:

TOTAL BASE BID AMOUNT IN WORDS:

Alternates

The undersigned bidder further proposes and agrees that, should the following alternate be accepted by the

Owner, the amount of the Total Base Bid, as heretofore stated shall be adjusted by the amount of the selected alternate.

Alternate #1

Should the Owner select this Alternate, the Contractor shall remove and dispose of the existing light fixtures and provide new LED light fixtures, wiring, fittings, and appurtenances as needed for fully functioning lights.

Existing light poles shall be left in place and reused.

Unit prices are to be written in both words and figures. In case of discrepancy, the unit price shown in words will govern.

ITEM DESCRIPTION UNIT UNIT PRICE AMOUNT

Alt #1 LED Light Fixtures Remove and dispose of the existing light fixtures and provide new LED light fixtures, wiring, fittings, and appurtenances as needed for fully functioning lights.

L.S.

LUMP SUM PRICE IN WORDS:

Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

Provisional items are delineated in the bid form. Quantities for provisional items may or may not be used in whole or in part at the discretion of the Owner. This shall in no way affect the established contract unit prices. All bid unit prices for provisional items shall be added to establish the total bid amount.

This contract is to be awarded as outlined in Article 19 of the Instructions to Bidders. This contract is to be awarded to that responsible Bidder whose total bid is the lowest number of dollars for the above items.

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within the number of calendar days indicated in the Instructions to Bidders and Agreement.

6.02 Bidder accepts the provisions of the Instructions to Bidders and the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security in the form of a Bid Bond, bank money order or Certified Check

(circle type of security provided);

B. Statement of Bidders Qualifications

C. List of Proposed Subcontractors;

D. List of Proposed Suppliers;

E. Non-Discrimination in Employment Statement;

F. Non-Collusion Affidavit of Prime Bidder;

G. Certificate as to Corporate Principal;

H. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids;

I.…