TOWN OF CHESHIRE, CONNECTICUT

INVITATION TO BID

MARION ROAD

SIDEWALK EXTENSION

ITB #2627-01

AUGUST 5, 2026

LEGAL NOTICE

TOWN OF CHESHIRE, CONNECTICUT

MARION ROAD SIDEWALK EXTENSION

ITB #2627-01

August 5, 2026

The Town of Cheshire is seeking competitive bids from qualified, responsible contractors for the Town’s project known as Marion Road Sidewalk Extension. Sealed bids are due by 11:00 AM on Thursday, August 20, 2026 at the office of Cheshire Public Works Room 213, Cheshire Town Hall, 84 South Main Street, Cheshire, Connecticut 06410. At that time, bids will be opened in public and read aloud.

The documents comprising the Invitation to Bid (“ITB”) may be obtained on the Town's website, www.cheshirect.org under “Bids and RFPs”.

The Town intends to award a contract to the lowest qualified responsible bidder, if any. The Town of Cheshire reserves its rights to amend or terminate this Invitation to Bid accept all or any part of a bid, reject all bids, waive any informalities or non-material deficiencies in a bid, and award the bid to the bidder that, in the Town's sole discretion and judgment, will be in the Town's best interests.

MARION ROAD SIDEWALK EXTENSION ITB #2627-01

TOWN OF CHESHIRE - CONNECTICUT

OUTLINE OF BID DOCUMENTS

Description:

Included in Contents of

Bid Document

Documents required for bid submittal Outline of Bid Documents X

Invitation to Bid X

Standard Instruction to Bidders X

Payment Bond & Performance Bond Requirements X

General Specifications X

Special Provisions (if any) X

Technical Specifications (if any)

Insurance Requirements X

Bid Submission Documents: X

• Bid Form X X

• Bidder’s Legal Status Disclosure Form X X

• Bidder’s Certification concerning Equal Employment

• Opportunities & Affirmative Action Policy

X X

• Bidder’s Non-Collusion Affidavit X X

• Bidder’s Statement of References X X

• Bidder’s Contact Information X X

Contract (Draft): X

• The Contract in the form attached

• AIA Document A101-2017 (Standard Agreement) X

• AIA Document A201-2017 (General Conditions) X

Prevailing Wage Information (if applicable)

CHRO Notification to Bidders (if applicable)

Permits (if any)

Design Plans (if any) X

Attachments (if any)

Addenda (if any)

Bid Number: Bid Issue Date: Date of Bid Opening: Time of Bid Opening:

ITB #2627-01 August 5, 2026 August 20, 2026 11:00 AM

Location of Bid Opening:

Cheshire Town Hall, Room 213, 84 South Main Street - Cheshire, Connecticut 06410

The Town of Cheshire is seeking bids from qualified contractors for performing work associated with the installation of sidewalks along Marion Road to complete connectivity of Blackberry Woods Residential Development to Balsam Place (“Project”).

The Town of Cheshire may elect to award each of the Base Bids to separate contractors if, in its sole discretion and judgement, will be in the Town’s best interest.

Lowest responsible and qualified bidder means the bidder whose bid is the lowest of those responsive bidders possessing the skill, responsibility, experience, qualifications, and demonstrated ability from past performance, necessary to faithfully perform the work.

One (1) original, one (1) copy, and one (1) electronic copy (on USB drive) of sealed bids must be received in the Cheshire Town Hall, Room 213 (Department of Public Works and Engineering), 84 South Main Street, Cheshire, CT 06410 by the date and time noted above. The Town of Cheshire (the “Town”) will not accept submissions by e-mail or fax. The Town will reject bids received after the date and time noted above.

The documents comprising the Invitation to Bid (“ITB”) may be obtained on the Town's website, www.cheshirect.gov under “Bids and RFPs”. 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 ITB as modified by the addenda.

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

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

Consideration will be given to such matters as contractor responsibility, qualifications, compliance with laws, record of past performance, and financial and technical resources.

STANDARD INSTRUCTIONS TO BIDDERS

1. INTRODUCTION

The Town of Cheshire (the “Town”) is soliciting sealed bids for:

ITB #2627-01 MARION ROAD SIDEWALK EXTENSION

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

Interested parties should submit a bid in accordance with the requirements and directions contained in this ITB. Bidders are prohibited from contacting any Town employee, officer or official concerning this ITB, except as set forth in Section 7, below. A bidder’s failure to comply with this requirement may result in disqualification.

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

2. OBTAINING THE ITB

All documents that are a part of this Request for Bid may be obtained on the Town’s website, www.cheshirect.gov , under “Bids and RFPs.”

3. RIGHT TO AMEND OR TERMINATE THE ITB OR CONTRACT

The Town may, before or after bid opening and in its sole discretion, clarify, modify, amend or terminate this ITB if the Town determines it is in the Town’s best interest. Any such action shall be effectuated by a posting on the Town’s website, www.cheshirect.gov , under “Bids and RFPs.” The Town may also reject all 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 ITB as modified by the addenda.

4. PRE-BID CONFERENCE

Pre-Bid Conference:

☐ YES

Mandatory:

☐ YES*

☒ NO ☒ NO

*Any bidder who intends to submit a bid proposal in response to this solicitation must have its designated representative attend the mandatory pre-bid conference. Representatives must register at the pre-bid conference and disclose the identity of the firm they represent. Because attendance at the pre-bid conference is mandatory, a bidder’s failure to attend and register at the pre-bid conference shall result in disqualification of the bidders proposal as non-responsive to the solicitation.

Date Time Location N/A N/A N/A http://www.cheshirect.gov/ http://www.cheshirect.gov/

5. KEY DATES

The tentative schedule associated with this ITB will be as follows:

ITB Issue Date August 5, 2026 Pre-Bid Site Visit See Pre-Bid Conference (Section 4)

Deadline for Bidder’s Questions

Seven (7) business days before bid opening (See Section 7)

Final Addenda posting Four (4) calendar days prior to bid opening (See Section 7)

Bid Opening August 20, 2026 11:00 AM Preliminary Notice of Award* September 2, 2026

Contract Execution* September 8, 2026

*The Preliminary Notice of Award and Contract Execution dates shown above are anticipated, not certain, dates.

6. BID SUBMISSION INSTRUCTIONS

Bids must be received in the Cheshire Town Hall, Department of Public Works and Engineering, Room 213, 84 South Main Street, Cheshire, CT 06410 by no later than the date and time the bids are scheduled to be opened publicly. Postmarks prior to the opening date and time do NOT satisfy this condition. The Town will not accept submissions by e-mail or fax. Bidders are solely responsible for ensuring timely delivery. The Town will NOT accept late bids.

One (1) original, one (1) copy, and one (1) electronic copy (on USB drive) of all bid documents must be submitted in sealed, opaque envelopes clearly labeled with the bidder’s name, the bidder’s address, the words "BID DOCUMENTS,” and the Bid Title, 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 ITB. All blank spaces for bid prices must be completed in ink or be typewritten; bid prices must be stated in both words and figures.

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

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

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

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

7. QUESTIONS AND AMENDMENTS

Questions and requests for information concerning the ITB Documents are to be submitted in writing (including by e-mail or fax) and directed only to:

Name: Marek L. Kement, P.E.,L.S.

Department: Department of Engineering E-mail: mkement@cheshirect.gov Fax: 203-271-6659

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

The appropriate Town representative listed above must receive any questions from bidder no later than seven (7) business days before the bid opening date. Questions received after the foregoing deadline will not be answered. That representative will confirm receipt of a bidder’s questions by e-mail. The Town will answer all written questions by issuing one or more addenda, which shall be a part of this ITB and the resulting Contract, containing all questions received as provided for above and decisions regarding same.

At least four (4) calendar days prior to bid opening, the Town will post any addenda on the Town’s website, www.cheshirect.org, under “Bids and RFPs.” 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 ITB as modified by the addenda.

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

8. ADDITIONAL INFORMATION

8.1 DELIVERY/TIME FOR PERFORMANCE: TIME IS OF THE ESSENCE with regard to the performance of the services procured through this ITB and the Contract to be entered into by the Town with the selected bidder, if any. Strict compliance with and adherence to the schedule for the services and the Contract is mandatory. If, in the sole opinion of the Town, the selected bidder is not adhering to the contract schedule, upon forty-eight (48) hours written notice from the Town to the selected bidder, the Town shall have the right to direct the bidder to increase its manpower to meet the established project schedule (including any milestones) without additional compensation. Any and all such additional labor or supervision shall be at bidder’s sole cost and expense and may include, but shall not be limited to, the Town directing the selected bidder to work overtime, work weekends, or any combination thereof, without any additional compensation being due to bidder for such additional personnel. In addition, the Town shall have the right but not the obligation to supplement the bidder’s forces with that of another vendor in order to achieve compliance with the project schedule. All costs attributable to the supplemental labor and supervision of same shall be the sole obligation and responsibility of the selected bidder. Failure to strictly adhere to the schedule (including any milestones) and the provisions of this paragraph 8.1 shall constitute a material default of bidder’s contractual obligations and entitle the Town, in its discretion, to all remedies for default set forth in the contract.

mailto:mkement@cheshirect.gov http://www.cheshirect.org/

8.2 TERMINATION OF CONTRACT: Contracts shall remain in force for the period within which the selected bidder must perform as set forth in the bid, unless (a) an extension has been agreed upon as evidenced by a contract extension executed in writing by both the selected bidder and the Town or (b) the Town has issued a termination of the contract.

8.3 ASSIGNMENT: Bidder shall not assign, transfer or subcontract this contract or its obligations hereunder without the prior written consent of the Town, which consent may be withheld in the Town’s sole discretion.

8.4 DEFAULT: The contract may be terminated by the Town by written notice of default to the upon non-performance or breach of the contract terms. The awarded bidder shall be obligated to pay the Town for all losses, damages, costs and expenses, including the cost of re-procurement, and attorney’s fees incurred defending claims arising from such default and in seeking recovery of all such costs and expenses from bidder and/or its surety. Upon a termination for cause, the Town shall have no further obligation to issue payments to the bidder until resolution of the dispute.

8.5 CONFLICT: To the extent any of the contract terms set forth herein conflict with the terms of the form Contract entered into by the parties, the Contract terms shall control.

8.6 SUPPLY CHAIN DISRUPTIONS/TARIFFS: Bidders shall anticipate and incorporate into their bids all potential costs and delays related to any supply chain disruptions or tariffs. In no event shall the Town be liable for any such costs and/or delays.

8.7 COMPLIANCE with Requirements of Funding Source:

Project Funded (in whole or in part) by state or federal funds: ☐ YES ☒ NO

Funding Source: Town of Cheshire

The successful bidder shall comply with all federal, state and local laws, ordinances, regulations and municipal Charter requirements, as well as all guidelines and requirements for the funding source noted above, if applicable.

8.8 ACKNOWLEDGEMENT of Market Conditions: Bidders acknowledge, by submitting a bid, that inflationary market conditions exist, including potential impacts of federal government imposed tariffs. Bidder has priced increased and escalated labor, equipment, and material costs into its bid, and taken into consideration the market conditions when pricing the work.

No equitable adjustments or change order will be granted for increased labor, equipment or material costs during the duration of the Project.

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

9. 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.

10. OWNERSHIP OF BIDS

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

11. 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.

12. REQUIRED DISCLOSURES

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

• Its inability or unwillingness to meet any requirement of this ITB, including but not limited to any of the Contract Terms contained in Section 28, below;

• If it is listed on the State of Connecticut’s or United States Government (including any agency thereof) Debarment List;

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

• All resolved and pending arbitration and litigation matters in which the bidder or any of its principals (regardless of place of employment) has been involved within the last seven (7) years;

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

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

A bidder’s acceptability based on these disclosures lies solely in the Town’s discretion. A failure to disclose or an inaccurate response shall, in the Town’s sole discretion, be grounds for disqualification.

13. REFERENCES

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

ITB.

14. 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.

15. PROPOSAL (BID) SECURITY (“BID BOND”)

Proposal (Bid) Security Required: ☒ YES ☐ NO

Each bid must be accompanied by a certified check of the bidder or a proposal (bid) bond with a surety acceptable to the Town in an amount of equal to at least FIVE PERCENT (5%) of the bid amount for all contracts exceeding $50,000. The proposal (bid) bond shall be written by a company or companies licensed to issue bonds in the State of Connecticut, which company or companies shall have at least an “A-” VIII policyholders rating as reported in the latest edition of Best Publication’s Key Rating Guide. The successful bidder, upon its refusal or failure to execute and deliver the Contract, certificate(s) of insurance, W-9 form, performance security or other documents required by this ITB within ten (10) business days of written notification of preliminary award, unless the Town otherwise agrees in writing, shall forfeit to the Town, as liquidated damages for such failure or refusal, the security submitted with its bid.

Upon the successful bidder’s execution of the Contract in the form enclosed with this ITB , the Town shall return the proposal (bid) security to the successful bidder and to all other bidders. By submitting a bid, the bidder expressly agrees that if awarded a contract for the Project, the bidder shall, within five (5) business days of receipt of notice of award, sign the contract provided by the Town without alteration or modification by the bidder.

16. PRESUMPTION OF BIDDER’S FULL KNOWLEDGE

Each bidder is responsible for having read and understood each document in this ITB and any addenda issued by the Town. A bidder's failure to have reviewed all information that is part of or applicable to this ITB, including but not 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 ITB 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 outlined in this ITB, and it is capable of performing the work 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.

17. SUBSTITUTIONS

(THIS ITEM IS NOT APPLICABLE TO THIS ITB)

18. TAX EXEMPTIONS

The Town is exempt from the payment of federal excise taxes and Connecticut sales and use taxes.

Federal Tax Exempt #066-001971. Exemption from State sales tax per Conn. Gen. Stat. Chapter 219, § 12-412(1). No exemption certificates are required, and none will be issued.

19. INSURANCE

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

20. PERFORMANCE SECURITY

Performance Bond Required: ☒ YES ☐ NO Payment Bond Required: ☒ YES ☐ NO

The successful bidder shall furnish security covering the faithful performance of the Contract (the "Performance Security"). The Performance Security shall be in the form of a surety bond for the full amount of the contract, and in a form reasonably acceptable to the Town. The Performance Security shall be issued by a company licensed by the State of Connecticut that is a T List surety and has at least an “A-“ VIII policyholders rating according to Best Publication's latest edition Key Rating Guide.

The cost of the Performance Security shall be included in the bid price.

In addition to the Performance Security, the successful bidder shall furnish a bond covering the successful bidder's payment to its subcontractors and suppliers of all obligations arising under the Contract (the "Payment Bond").

The Payment Bond shall be (a) in the full amount of the Contract price; (b) in a form reasonably acceptable to the Town; and (c) issued by a company licensed by the State of Connecticut that has at least an "A-" VIII policyholders rating according to Best Publication's latest edition Key Rating Guide and is on the T List. The cost of the Payment Bond shall be included in the bid price.

The Payment Bond and Performance Bond shall be provided to the Town no later than the execution of the contract and in, all cases, PRIOR to the commencement of work.

21. DELIVERY ARRANGEMENTS

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

22. AWARD CRITERIA / SELECTION / CONTRACT EXECUTION

Bid to be publicly opened: ☒ YES ☐ NO

Unless otherwise noted above, all proposals will be acknowledged in public or be publicly opened and read aloud as received on the date, at the time, and at the place identified in this ITB. Bidders may be present at the opening.

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

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

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

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

The Town will not award the bid to any business that or person who is in arrears or in default to the Town with regard to any tax, debt, charge, contract, security or any other obligation.

If the lowest bidder meets all specifications, is responsive, and, if applicable, qualified, but the bid is not acceptable to the Town Manager or, if applicable, the Public Building Commission or the Board of Education, the matter must be referred to the Town Council for its decision on whether to reject all bids, to accept a higher bid, or to take such other action as may be in the Town's best interests.

The Town will select the bid that it deems to be in the Town's best interest and issue a Preliminary Notice of Award to the successful bidder. The award may be subject to further discussions 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 fully executed by the Town and the bidder.

If the bidder does not execute the Contract within five (5) 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 Key Dates for the Preliminary Notice of Award and Contract Execution dates noted in Section 5 are anticipated, not certain, dates.

23. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY

Each bidder must submit a completed Bidder's Certification Concerning Equal Employment Opportunities and Affirmative Action Policy form included with this ITB. Bidders with fewer than ten

(10) employees should indicate that fact on the form and return the form with their bids. Bidders are solely responsible for researching and familiarizing themselves with current federal and state laws and regulations, including Presidential Executive Orders, and complying with same in all respects at all times. Any bidder who violated federal or state law shall indemnify, defend, and hold the Town harmless from and against any penalties, fines or other damages incurred by the Town as a result of such non-compliance.

24. NONRESIDENT REAL PROPERTY CONSTRUCTION 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 a copy of the requisite certificate of compliance set forth in § 12-430(7)(E).

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

The successful bidder shall also be required to pay any and all attorney’s fees incurred by the Town Indemnified Parties in enforcing any of the successful bidder’s obligations under this section, whether or not a lawsuit or other proceeding is commenced, which obligations shall survive the termination or expiration of the Contract.

25. 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, which obligations shall survive the termination or expiration of the Contract.

26. NON COLLUSION AFFIDAVIT

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

27. MUNICIPAL PUBLIC WORKS CONTRACT REQUIREMENTS

(THIS ITEM IS NOT APPLICABLE TO THIS ITB)

28. CONTRACT TERMS

A contract template has been provided with this Request for Bid. By submitting a bid, the Bidder acknowledges and agrees that it will execute the contract submitted to it for execution by the Town, without alteration or modification by the Bidder, within five (5) days of receipt of notice of award.

The following provisions are among the mandatory terms of the Town’s Contract with the successful bidder. If a bidder is unwilling or unable to meet any of these Contract Terms, it must disclose that inability or unwillingness in its Bid Form (see Section 12 of these Standard Instructions to Bidders):

a. 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, boards, commissions, committees, 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 performance of the contract, including but not limited to bidder’s malfeasance, misconduct, negligence or failure to meet its obligations under the ITB or the Contract.

The successful bidder's obligations under this section shall not be limited in any way by any limitation on the amount or type of the successful bidder's insurance. Nothing in this section shall obligate the successful bidder to indemnify the Town Indemnified Parties against liability for damage arising out of bodily injury to persons or damage to property caused by or resulting from the negligence of the Town Indemnified Parties.]

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

The successful bidder shall also be required to pay any and all attorney's fees incurred by the Town Indemnified Parties in enforcing any of the successful bidder's obligations under this section, which obligations shall survive the termination or expiration of this ITB and the Contract.

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

b. ADVERTISING

The successful bidder shall not name the Town in any 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.

c. W-9 FORM

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

d. PAYMENTS

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

“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.”

e. TOWN INSPECTION OF WORK/PRODUCTS

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.

Work shall conform with the State of Connecticut Department of Transportation Form 819, as amended and the Town of Cheshire Guidelines and Specifications for Public Improvements which are available on the Town’s website at: www.cheshirect.org

Should an apparent conflict between these two specifications arise then the Contractor shall submit a request for resolution of the discrepancy in writing and the Town shall respond in writing as to which better satisfies the intent of the design and will take precedence.

http://www.cheshirect.org/

f. 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.

g. MAINTENANCE AND AVAILABILITY OF RECORDS

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

h. SUBCONTRACTING

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 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).

i. PREVAILING WAGES

The wages paid on an hourly basis to any person performing the work of any mechanic, laborer or worker on the work herein contracted to be done and the amount of payment or contribution paid or payable on behalf of each such person to any employee welfare fund, as defined in subsection (i) of C.G.S. 31-53, shall be at a rate equal to the rate customary or prevailing for the same work in the same trade or occupation in the town in which such public works project is being constructed. Any contractor who is not obligated by agreement to make payment or contribution on behalf of such persons to any such employee welfare fund shall pay to each mechanic, laborer or worker as part of such person's wages the amount of payment or contribution for such person's classification on each pay day.

A successful bidder who is not obligated by agreement to make payment or contribution on behalf of such persons to any such employee welfare fund shall pay to each mechanic, laborer or worker as part of such person's wages the amount of payment or contribution for such person's classification on each pay day.

Upon Contract award, the successful bidder must certify under oath to the State Labor Commissioner the pay scale to be used by the successful bidder and its subcontractors. The applicable prevailing wage rates are included with this ITB.

j. 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 New Haven County for at least three (3) months prior to the date hereof, and then to citizens of the State who have continuously resided in the State at least three (3) months prior to the date of the Contract.

k. WORKERS COMPENSATION

Prior to commencing work on the Project, the successful bidder shall furnish to the Town (1) sufficient evidence of compliance with the workers’ compensation insurance and self-insurance requirements of subsection (b) of Conn. Gen. Stat. section 31-284, and (2) a current statement from the State Treasurer that, to the best of his knowledge and belief, as of the date of the statement, the particular party was not liable to the state for any workers’ compensation payments made pursuant to section 31-355. Contact the State Treasurer’s Office for such statements.

Prior to Contract execution, the Town will require the tentative successful bidder to provide a current statement from the State Treasurer that, to the best of 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.

l. SAFETY

The successful bidder and each of its permitted subcontractors shall furnish proof that each employee performing the work of a mechanic, laborer or worker under the Contract has completed a course of at least ten (10) hours in construction safety and health approved by the federal Occupational Safety and Health Administration or has completed a new miner training program approved by the Federal Mine Safety and Health Administration.

Such proof shall be provided with the certified payroll submitted for the first week each such employee, mechanic, laborer, or worker begins work under the Contract.

m. COMPLIANCE WITH LAWS

The successful bidder shall comply with all applicable laws, regulations, ordinances, codes and orders of the United States, the State of Connecticut and the Town related to its bid and the performance of the Contract, including but not limited to:

1. Non-Discrimination. Bidder, in performing under this contract, shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, creed, color, age, marital status, sexual orientation, national origin, ancestry, sex, mental retardation or physical disability, including but not limited to blindness, unless it is shown by the Bidder that such disability prevents performance of the work involved in any manner prohibited by the laws of the United States or the State of Connecticut, nor otherwise commit an unfair employment practice. Bidder further agrees that this article, (and any additional provisions required by law), will be incorporated by Bidder in all contracts entered into with suppliers of materials or services contractors and sub-contractors and all labor organizations, furnishing skilled, unskilled and craft union skilled labor or who may perform any such labor or services in connection with this contract.

2. Executive Orders. The contract may be subject to the provisions of Executive Order No.

Three of Governor Thomas J. Meskill, promulgate June 16, 1971, concerning labor employment practices, Executive Order No. Seventeen of Governor Thomas J. Meskill, promulgate February 15, 1973, concerning the listing of employment opening and Executive Order No. Sixteen of Governor John G. Rowland promulgated August 4, 1999, concerning violence in the workplace, all of which are incorporated into and are made a part of the contract as if they had been fully set forth in it.

The contract may also be subject to Executive Order No. 7C of Governor M. Jodi Rell, promulgated July 13, 2006, concerning contracting reforms and Executive Order No. 14 of Governor M. Jodi Rell, promulgate April 17, 2006, concerning procurement of cleaning products and services, in accordance with their respective terms and conditions.

3. Connecticut’s Prevailing Wage Law Provision. The successful Bidder must comply with CGS Section 31-53 and 31-53(a), which apply to each contract for the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration, or repair of any public works project by the state or its agents, or by any political subdivision of the State. In accordance with CGS Section 31-53, projects are subject to the payment of minimum prevailing wages where the total cost of all work to be performed by all contractors and subcontractors in connection with new construction of any public works project is $1,000,000 or more and where the total cost of all work to be performed by all contractors and subcontractors in connection with any remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project is $100,000 or more. The wages paid on an hourly basis to any person performing the work of any mechanic, laborer or worker on the work herein contracted to be done and the amount of payment or contribution paid or payable on behalf of each such person to any employee welfare fund, as defined in subsection (i) of section 31-53 of the Conn. Gen. Stat., shall be at a rate equal to the rate customary or prevailing for the same 7 work in the same trade or occupation in the Town of Cheshire. If the contractor is not obligated by agreement to make payment or contribution on behalf of such persons to any such employee welfare fund, it shall pay to each mechanic, laborer or worker as part of such person's wages the amount of payment or contribution for such person's classification on each pay day.

All contractors and subcontractors shall submit to the Finance Department certified weekly payrolls for all contracts meeting the stated monetary limits. The certified payrolls shall be submitted to the Finance Department with the Bidder’s monthly certificate for payment. The

Bidders should familiarize themselves with all aspects of the provisions under state law in order to ensure full compliance.

4. Contractor shall also furnish proof to the Town’s Finance Department, beginning with the weekly certified payroll form for the first week each employee begins work on this project, that any person performing the work of a mechanic, laborer or worker pursuant to the classifications of labor under section 31-53 of the Conn. Gen. Stat. on this project, has completed a course of at least ten hours in duration in construction safety and health approved by the federal Occupational Safety and Health Administration or, has completed a new miner training program approved by the Federal Mine Safety and Health Administration in accordance with 30 CFR 48 or, in the case of telecommunications employees, has completed at least ten hours of training in accordance with 29 CFR 1910.268.

5. Occupational Safety and Health Administration Requirements. According to CGS, Section 31-53b (a) each contract entered into on or after July 1, 2007, for the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public building project by the state or any of its agents, or by a political subdivision of the state or any of its agents, where the total cost of all work to be performed by all contractors and subcontractors in connection with the contract is at least $100,000 shall contain a provision requiring that, not later than thirty days after the date such contract is awarded, each contractor furnish proof to the Labor Commissioner that all employees performing manual labor on or in such public building , pursuant to such contract, have completed a course of at least ten hours in duration in construction safety and health approved by the federal Occupational Safety and Health Administration or, in the case of telecommunications employees, have completed at least ten hours of training in accordance with 29 CFR

1910.268. The aforesaid provisions shall be deemed to be incorporated into the Contract with the Town. The contractors should familiarize themselves with all aspects of state law and any applicable regulations pertaining to these requirements in order to ensure full compliance.

6. Payment Bond/Performance Bond State Law Requirements. CGS Section 49-41, known as the Little Miller Act, requires that the Town ensure that payment bonds a/k/a labor and materials bond in the amount of the contract are provided for public works projects over $100,000.

When a contract for construction, alteration, remodeling, repair or demolition of any public building is estimated to cost more than $500,000 additional laws/requirements apply. The contractors should familiarize themselves with all aspects of state law and any applicable regulations pertaining to these requirements in order to ensure full compliance.

7. State of Connecticut Contractor Prequalification Program. CGS Section 4b-91 requires all bidders for the construction, alteration, remodeling, repair or demolition of any public building or any other public work by a public agency (includes a municipality) that is paid for, in whole or in part, with state funds and that is estimated to cost more than $1,000,000, except a public highway or bridge project or any other construction project administered by DOT, shall be prequalified with the State pursuant to CGS Section 4a-100. Once a contractor is prequalified, it is issued a prequalification certificate by DAS, which certificate is in effect for one year. Subcontractors’ work, the cost of which may exceed $1,000,000, are also required to be prequalified. Any bid for a project that requires prequalification must include a copy of the bidder’s Prequalification Certificate showing the aggregate work capacity rating required under the contract and the Update (Bid) Statement showing renewal of certificate and/or change in aggregate work capacity.