IFB 2627-2 On-Call Concrete Sidewalk Installation and Repair.pdf

LEGAL NOTICE

TOWN OF AVON, CONNECTICUT

INVITATION FOR BID FOR

ON-CALL CONCRETE SIDEWALK INSTALLATION & REPAIR

August 20, 2026

The Town of Avon invites sealed bids for On-Call Concrete Sidewalk Installation & Repair, due by 11:30 AM on September 10, 2026. At that time, bids will be opened in public and read aloud.

The documents comprising the Invitation for Bid may be obtained from the Town’s website, www.avonct.gov/bids.

The Town, in its sole discretion, reserves the rights to amend or terminate this Invitation for Bid, accept all or any part of a bid, reject all bids, accept or reject any combination of alternates (if any), waive any informalities or non-material deficiencies in a bid, and award the bid, if at all, to the lowest responsible and qualified bid that meets the criteria set forth in the IFB and that is in the best interests of the Town.

An Affirmative Action/Equal Opportunity Employer. Minority/Women’s Business Enterprises are encouraged to apply.

http://www.avonct.gov/bids

- 1 -

26/27-2

Bid Opening Date: September 10, 2026 Bid Opening Time: 11:30 AM Bid Opening Place: Avon Town Hall, Office of the Town Manager The Town of Avon (the “Town”) is seeking to engage a qualified firm to provide on-call services, including installation and repair of concrete sidewalks, concrete ramps, concrete curbing, and associated work such as installation of bituminous pavement and curbing and installation of topsoil and turf establishment. The on-call contract will be for a term of up to three years (one year initially, with up to two one-year extensions, if agreed to by the Town and the Contractor), and the work will be directed by the Director of Public Works at various locations in the Town of Avon.

One (1) original and two (2) copies of sealed bids must be received in the Avon Town Hall, Town Manager’s Office, 60 West Main Street, Avon, CT 06001, by the date and time noted above. The Town will not accept submissions by e-mail or fax. The Town will not accept bids received after the date and time noted above.

The documents comprising the Invitation for Bid may be obtained from the Town’s website, www.avonct.gov/bids. Each bidder is responsible for checking the Town’s website to determine if the Town has issued any addenda to this IFB and, if so, to complete its bid in accordance with the IFB as modified by the addenda.

Bids must be held firm and cannot be withdrawn for ninety (90) calendar days after the opening date.

The Town, in its sole discretion, reserves the rights to amend or terminate this Invitation for Bid, accept all or any part of a bid, reject all bids, accept or reject any combination of alternates (if any), waive any informalities or non-material deficiencies in a bid, and award the bid, if at all, to the lowest responsible and qualified bidder that meets the criteria set forth in the IFB and that is in the best interests of the Town.

This Invitation for Bid (“IFB”) includes:

- Standard Instructions to Bidders - Bidder’s Legal Status Disclosure Form

- Required Contract Terms - Bidder’s Non-Collusion Affidavit Form

- Specifications - Bidder’s Statement of References Form

- Insurance Requirements - Addenda, if any

- Bid Form - The Contract in the form attached

- 2 -

STANDARD INSTRUCTIONS TO BIDDERS

1. INTRODUCTION

The Town is soliciting bids to engage a qualified firm to provide on-call services, including installation and repair of concrete sidewalks, concrete ramps, concrete curbing, and associated work, such as the installation of bituminous pavement and curbing, and the installation of topsoil and turf establishment.

The work described above includes furnishing, installing, and incorporating all materials and equipment into the project, as well as performing or providing all labor, supervision, equipment, and services, unless otherwise noted in the Bid documents.

This IFB is not a contract offer, and no contract will exist unless and until a written contract (the “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 IFB. Bidders are prohibited from contacting any Town employee, officer or official concerning this IFB, except as set forth in Section 6, below. A bidder’s failure to comply with this requirement may result in disqualification.

Except as otherwise provided in the Contract, if there are any conflicts between the provisions of these Standard Instructions to Bidders and any other documents comprising this IFB, these Standard Instructions to Bidders shall prevail.

2. RIGHT TO AMEND OR TERMINATE THE IFB OR CONTRACT

The Town may, before or after bid opening and in its sole discretion, clarify, modify, amend or terminate this IFB if the Town determines it is in the Town’s best interest. Any such action shall be effected by a posting on the Town’s website, www.avonct.gov/bids. Each bidder is responsible for checking the Town’s website to determine if the Town has issued any addenda and, if so, to complete its bid in accordance with the IFB as modified by the addenda.

If this IFB provides for a multi-year Contract, the Town also reserves the right to terminate the Contract in subsequent years in the event that the Town Council declines to appropriate sufficient funds. 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: N/A

Bid Opening: September 10, 2026

Interviews: Not applicable to this IFB

- 3 -

Preliminary Notice of Award: Within 30 days of Bid Opening.

Contract Execution: Within 60 days of Bid Opening.

The Interviews, Preliminary Notice of Award, and Contract Execution dates are anticipated, not certain, dates.

4. OBTAINING THE IFB

The documents comprising the Invitation for Bid may be obtained from the Town’s website, www.avonct.gov/bids.

5. BID SUBMISSION INSTRUCTIONS

Bids must be received in the Avon Town Hall, Town Manager’s Office, 60 West Main Street, Avon, CT 06001 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 late Bids. The Town will NOT accept submissions by e-mail or fax. Bidders are solely responsible for ensuring timely delivery.

One (1) original and two (2) copies of sealed bids must be received in the Avon Town Hall, Town Manager’s Office, 60 West Main Street, Avon, CT 06001, by the date and time noted above. The Town will not accept submissions by e-mail or fax. The Town will not accept bids received after the date and time noted above.

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, Bid Number 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 IFB. 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 date and time the Bids are scheduled to be opened. Bids are considered valid, and may not be withdrawn, cancelled or modified, for ninety (90) calendar days after the opening date, in order 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 IFB.

- 4 -

6. QUESTIONS AND AMENDMENTS

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

Name: Grace Tiezzi Brickley Department: Town Manager’s Office E-mail: gbrickley@avonct.gov Phone: (860) 409-4300

Questions concerning this IFB’s Specifications are to be submitted only in writing (including by e-mail or fax) and directed only to:

Name: Bruce Williams Department: Public Works E-mail: bwilliams@avonct.gov Phone: (860) 673-6151

Bidders are prohibited from contacting any other Town employee, officer or official concerning this IFB. A bidder’s failure to comply with this requirement may result in disqualification.

The appropriate Town representative listed above must receive any questions from bidders no later than seven (7) business days before the bid opening date. That representative will confirm receipt of a bidder’s questions by e-mail.

The Town will answer all relevant written questions by issuing one or more addenda, which shall be a part of this IFB and the resulting Contract, containing all questions received as provided for above and decisions regarding same.

At least four (4) calendar days prior to bid opening, the Town will post any addenda on the Town’s website, www.avonct.gov/bids. Each bidder is responsible for checking the website to determine if the Town has issued any addenda and, if so, to complete its bid in accordance with the IFB as modified by the addenda.

No oral statement of the Town, including oral statements by the Town representatives listed above, shall be effective to waive, change or otherwise modify any of the provisions of this IFB, 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.

mailto:gbrickley@avonct.gov mailto:bwilliams@avonct.gov

- 5 -

9. OWNERSHIP OF BIDS

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

Each bidder must, in its Bid Form, make the disclosures set forth in that form. A bidder’s acceptability based on those 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 IFB.

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. Each bidder must complete the Bidder’s Legal Status Disclosure Form included in this IFB.

14. BID SECURITY

Not applicable to this IFB.

- 6 -

15. PRESUMPTION OF BIDDER’S FULL KNOWLEDGE

Each bidder is responsible for having read and understood each document in this IFB and any addenda issued by the Town. A bidder’s failure to have reviewed all information that is part of or applicable to this IFB, including but not limited to 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 IFB or the provision of goods, or the performance of services, or the performance of the work described herein.

By submitting a bid, each bidder represents that it has thoroughly examined and become familiar with the scope of work, or the services, or the goods described in this IFB, and it is capable of performing the work/delivering/installing the goods or providing the services 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 IFB 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 per Federal Tax Exempt #06-6001957 and pursuant to Conn. Gen. Stat. Chapter 219, § 12-412(1).

The bidder shall however include in its proposed cost, any applicable state educational fee.

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 IFB. The Town reserves the right to request from the successful bidder a complete, certified copy of each required insurance policy.

19. PERFORMANCE SECURITY

Not applicable to this IFB.

20. PAYMENT BOND

Not applicable to this IFB.

21. DELIVERY ARRANGEMENTS

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

- 7 -

22. AWARD CRITERIA; PRELIMINARY SELECTION; CONTRACT EXECUTION

All Bids will be publicly opened and read aloud as received on the date, at the time, and at the place identified in this IFB. 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 right to accept all or any part of a bid, reject all Bids, and waive any informalities or non-material deficiencies in a bid, and accept or reject any combination of alternates in any bid, if any. The Town also reserves the right, if applicable, to award the purchase of individual items under this IFB to any combination of separate Bids or bidders

The Town will select, if at all, the lowest, responsible and qualified bid that meets the criteria set forth in the IFB and is in the best interests of the Town; meaning that, in addition to price, due consideration will be given to factors such as a bidder’s experience, references, capabilities, past performance, State of Connecticut prequalification (if applicable), and other relevant criteria. The Town may reject any bidder if, in the sole judgment of the Town, the bidder’s past performance gives rise to a substantial risk that the bidder may not provide satisfactory performance.

The Town generally 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 Preliminary Notice of Award. The preliminary notice of award may be subject to further negotiations with the bidder. The making of a preliminary award to a bidder does not provide the bidder with any rights and does not impose upon the Town any obligations. The Town is free to withdraw a preliminary award at any time and for any reason. A bidder has rights, and the Town has obligations, only if and when a Contract is executed by the Town and the bidder.

If the bidder does not provide all required documents and execute the Contract within ten (10) business days of the date of the Preliminary Notice of Award, unless extended by the Town, the Town may call any bid security provided by the bidder and may enter into discussions with another bidder.

The Interviews, Preliminary Notice of Award and Contract Execution dates in Section 3’s Key Dates are anticipated, not certain, dates.

23. NONRESIDENT REAL PROPERTY CONTRACTORS

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 proof that it is a “verified contractor” within the meaning of General Statutes Section 12-430(7) or that it has posted a bond with the Commissioner of Revenue Services in compliance with General Statutes Section 12-430(7). 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

- 8 -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 at all times be authorized for employment in the United States of America. Each bidder 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. The successful bidder’s obligations under this section shall survive the termination or expiration of the Contract.

25. NON-COLLUSION AFFIDAVIT

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

IFB.

END OF STANDARD INSTRUCTIONS TO BIDDERS

- 9 -

REQUIRED 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, or seeks to clarify or modify, any of these Contract Terms, the bidder must disclose that inability, unwillingness, clarification and/or modification in its Bid Form (see Section 11 of the Standard Instructions to Bidders):

1. DEFENSE, HOLD HARMLESS AND INDEMNIFICATION

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 IFB or the Contract. Without limiting the foregoing, the obligation to defend, indemnify, and hold harmless includes injuries to persons (including injuries resulting in death) and injuries to property (including injuries to the environment). 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. The successful bidder’s obligations under this section shall survive the termination or expiration of the Contract.

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

The subject of this IFB is funded in part by the State of Connecticut (including any of its agencies or departments, or branches). Therefore, the State of Connecticut and its directors, members of governing boards, committee members, officials, officers, employees, managers, beneficiaries, agents and representatives shall also be Town Indemnified Parties as required by this Section.

- 10 -

2. NO ASSIGNMENT; SUBCONTRACTING

The successful bidder may not subcontract, transfer or assign any of its obligations or rights (including but not limited to any right to payment) under the Contract except as follows:

Prior to entering into any subcontract agreement(s) for the work described in 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 any portion of the work described in 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 work, services or goods described in 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).

3. W-9 FORM

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

4. GENERAL PROVISIONS CONCERNING PAYMENTS

Except as otherwise noted in the Specifications or Contract, all payments are to be made thirty

(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 (30) 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.

- 11 -

5. TOWN INSPECTION OF WORK

The Town may inspect the successful bidder’s work 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.

6. 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.

7. MAINTENANCE AND AVAILABILITY OF RECORDS

The successful bidder shall maintain all records related to the work described in the IFB 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.

8. 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 the Town’s endorsement of the successful bidder.

9. PREVAILING WAGES

Not applicable to this IFB.

10. 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 work under 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 Hartford 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.

11. WORKERS’ COMPENSATION

If the subject of this IFB concerns construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project, prior to Contract execution, the Town will require the tentative successful bidder to provide 1) evidence of compliance with the

- 12 -workers’ compensation insurance and self-insurance requirements of subsection (b) of Connecticut General Statutes section 31-284, and 2) a current statement from the State Treasurer that, to the best of her 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.

12. SAFETY

Not applicable to this IFB.

13. NONDISCRIMINATION AND AFFIRMATIVE ACTION

In the performance of the Contract, the successful bidder will not discriminate or permit discrimination in any manner prohibited by the laws of the United States or of the State of Connecticut against any person or group of persons on the grounds of race, color, religious creed, age (except minimum age), marital status or civil union status, national origin, ancestry, sex, sexual orientation, mental retardation, mental disability or physical disability, including but not limited to blindness, unless the successful bidder shows that such disability prevents performance of the work involved.

In the performance of the Contract, the successful bidder will take affirmative action to insure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age (except minimum age), marital status or civil union status, national origin, ancestry, sex, sexual orientation, mental retardation, mental disability or physical disability, including but not limited to blindness, unless the successful bidder shows that such disability prevents performance of the work involved.

In accordance with the Town’s Affirmative Action Plan, the successful bidder shall comply with all provisions of the Civil Rights Act of 1964, the Equal Employment Opportunity Act of 1972, United States Executive Orders 11246, 11375, 11478, and if applicable, the Connecticut Fair Employment Practice Law and Executive Order No. 3 of Governor Meskill

14. STATE OF CONNECTICUT NON-DISCRIMINATION/ AFFIRMATIVE

ACTION PROVISIONS (CGS SECT. 4a-60)

Pursuant to Conn. Gen. Stat. Sect. 4a-60, (1) The Contractor agrees and warrants that in the performance of the Contract such Contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, status as a veteran, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such Contractor that such disability prevents performance of the Work involved, in any manner prohibited by the laws of the United States or of the state of Connecticut; and the Contractor further agrees to take affirmative action to ensure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, status as a veteran, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such Contractor that such disability prevents performance of the Work involved;

- 13 -

(2) The Contractor agrees, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, to state that it is an “affirmative action-equal opportunity employer” in accordance with regulations adopted by the Commission on Human Rights and Opportunities;

(3) The Contractor agrees to provide each labor union or representative of workers with which such Contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such Contractor has a contract or understanding, a notice to be provided by the Commission on Human Rights and Opportunities advising the labor union or workers' representative of the Contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment;

(4) The Contractor agrees to comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or relevant order issued by said commission pursuant to sections 46a-56, 46a-68e, 46a-68f and 46a-86; and

(5) The Contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the Contractor as relate to the provisions of this section and section 46a-56.

(b) The contractor agrees and warrants that he or she will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public works or quasi-public agency project.

(c) Except as provided in section 10a-151i:

(1) Any Contractor who has one or more contracts with an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project shall include a nondiscrimination affirmation provision certifying that the Contractor understands the obligations of this section and will maintain a policy for the duration of the Contract to assure that the contract will be performed in compliance with the nondiscrimination requirements of subsection (a) of this section. The authorized signatory of the Contract shall demonstrate his or her understanding of this obligation by (A) initialing the nondiscrimination affirmation provision in the body of the Contract, (B) providing an affirmative response in the required online bid or response to a bid question which asks if the Contractor understands its obligations, or (C) signing the Contract.

(2) No awarding agency, or in the case of a municipal public works contract, no municipality, or in the case of a quasi-public agency project contract, no entity, shall award a contract to a contractor that has not included the nondiscrimination affirmation provision in the contract and demonstrated its understanding of such provision as required under subdivision (1) of this subsection.

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

- 14 -defined in section 1-267, (3) the federal government, (4) a foreign government, or (5) an agency of a subdivision, state or government described in subdivision (1), (2), (3) or (4) of this subsection.

(e) For the purposes of this section, “minority business enterprise” means any small contractor or supplier of materials fifty-one per cent or more of the capital stock, if any, or assets of which is owned by a person or persons: (1) Who are active in the daily affairs of the enterprise, (2) who have the power to direct the management and policies of the enterprise, and (3) who are members of a minority, as such term is defined in subsection (a) of section 32-9n; and “good faith” means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations. “Good faith efforts” shall include, but not be limited to, those reasonable initial efforts necessary to comply with statutory or regulatory requirements and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to comply with such requirements.

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

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

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

15. STATE OF CONNECTICUT NON-DISCRIMINATION ON BASIS OF SEXUAL

ORIENTATION PROVISION (CGS SECT 4a-60a)

Pursuant to Conn. Gen. Stat. Sect 4a-60a, (1) The Contractor agrees and warrants that in the performance of the Contract such Contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of sexual orientation, in any manner prohibited by the laws of the United States or of the state of Connecticut, and that employees are treated when employed without regard to their sexual orientation;

(2) The Contractor agrees to provide each labor union or representative of workers with which such Contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such Contractor has a contract or understanding, a notice to be provided by the Commission on Human Rights and Opportunities advising the labor union or workers'

- 15 -representative of the Contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment;

(3) The Contractor agrees to comply with each provision of this section and with each regulation or relevant order issued by said commission pursuant to section 46a-56; and

(4) The Contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the contractor which relate to the provisions of this section and section 46a-56.

(b) Except as provided in section 10a-151i:

(1) Any Contractor who has one or more contracts with an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project shall include a nondiscrimination affirmation provision in the Contract certifying that the Contractor understands the obligations of this section and will maintain a policy for the duration of the Contract to assure that the Contract will be performed in conformance with the nondiscrimination requirements of this section. The authorized signatory of the Contract shall demonstrate his or her understanding of this obligation by either (A) initialing the nondiscrimination affirmation provision in the body of the Contract, or (B) providing an affirmative response in the required online bid or response to a bid question which asks if the Contractor understands its obligations.

(2) No awarding agency, or in the case of a municipal public works contract, no municipality, or in the case of a quasi-public agency project contract, no entity, shall award a contract to a contractor who has not included the nondiscrimination affirmation provision in the contract and demonstrated its understanding of such provision as required under subdivision (1) of this subsection.

(c) For the purposes of this section, “contract” includes any extension or modification of the contract, and “contractor” includes any successors or assigns of the contractor. For the purposes of this section, “contract” does not include a contract where each contractor is (1) a political subdivision of the state, including, but not limited to, a municipality, unless the contract is a municipal public works contract or quasi-public agency project contract, (2) any other state, as defined in section 1-267, (3) the federal government, (4) a foreign government, or (5) an agency of a subdivision, state or government described in subdivision (1), (2), (3) or (4) of this subsection.

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

- 16 -

16. STATE OF CONNECTICUT GOOD FAITH EFFORTS (GFE) PROVISIONS

Not applicable to this IFB

17. STATE GRANT/LOAN AGREEMENT

Not applicable to this IFB.

18. SUCCESSFUL BIDDER PERSONNEL MUST BE AUTHORIZED TO WORK

The Successful bidder confirms that it has complied with the obligations under the Immigration Reform and Control Act (IRCA) and that the employees, independent contractors and other personnel it provides under this Contract are authorized for employment in the United States. The successful bidder further confirms that it has properly completed I-9s for all employees assigned to the Town’s place of business. The successful bidder agrees to hold harmless and indemnify the Town in the event that any of the employees or other personnel provided by the successful bidder are found not to be authorized to work under the law or in the event that there is a determination that the obligations set forth under IRCA, including, but not limited to, the failure to correctly prepare and maintain I-9s, have not been complied with by the successful bidder. The successful bidder agrees to indemnify, defend and hold the Town harmless against any claims brought against the successful bidder or the Town as a result of these obligations, including but not limited to, settlement fees, judgments and attorneys’ fees and costs.

19. CESSATION OF BUSINESS/BANKRUPTCY/RECEIVERSHIP

If the successful bidder ceases to exist, dissolves as a business entity, ceases to operate, files a petition or proceeding under any bankruptcy or insolvency laws or has such a petition or proceeding filed against it, the Town has the right to terminate the Contract effective immediately.

In that event, the Town reserves the right, in its sole discretion as it deems appropriate and without prior notice to the successful bidder, to make arrangements with another person or business entity to provide the services described in the Contract and to exercise any or all of its rights at Law, in equity, and/or under the Contract.

20. 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.

21. VALIDITY

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.

- 17 -

22. COMPLIANCE WITH LAWS; PERMITS

The successful bidder shall comply with all applicable laws, regulations, ordinances, codes and orders of all governmental bodies, including the United States, the State of Connecticut and the Town, related to its bid and the performance of the Contract. The successful bidder shall also, at its own expense, obtain all permits and approvals from all such governmental bodies required for performance of the Contract, and shall immediately notify the Town in writing of the loss or suspension of any such approval or permit.

The following are incorporated by reference into this Agreement as though fully set forth and stated herein: The 13th, 14th and 15th Amendments of the United States Constitution, Civil Rights Act of 1964, Equal Pay Act of 1963, Title VI and VII of the 1964 United States Civil Rights Act, Presidential Executive Orders 11246, 11375, 11478 (nondiscrimination under federal contracts), Act 1, Section 1 and 20 of the Connecticut Constitution, Governor Grasso's Executive Order Number 11, Governor O'Neill's Executive Order Number 9, the Connecticut Fair Employment Practices Law (Sec. 46a-60-69) of the Connecticut General Statutes, Connecticut Code of Fair Practices (46a-70-81), Deprivation of Civil Rights (46a-58 (a)(d) ), Public Accommodations Law (46a-63-64), Discrimination against Criminal Offenders (46a-80), definition of blind (46a-51(1)), definition of Physically Disabled (46a-51 (15) ), definition of Mentally Retarded (46a-51-13 ), cooperation with the Commission on Human Rights and Opportunities (46a-77), Sexual Harassment (46a-60 (a)-8), Connecticut Credit Discrimination Law (360436 through 439), Title 1 of the State and the Local Fiscal Assistance Act 1 1972, and the affirmative action provisions provided in the Connecticut General Statutes Section 4a-60a. This Agreement is subject to the provisions of Executive Order No. Three of Governor Thomas J. Meskill, promulgated June 16, 1971, concerning labor employment practices, Executive Order No. Seventeen of Governor Thomas J. Meskill promulgated February 15, 1973, concerning the listing of employment opening and Executive Order No. Sixteen of Governor John G.