ITB2026-009ston.1 Spellman Basketball Court Project Manual.pdf

Invitation to Bid

ITB: #2026-009

Stonington Recreation Department Spellman Park Basketball Court Renovation Project

Issue Date: August 31, 2026 Bid Deadline: September 23, 2026 @ 2:00pm eroise Text Box Intentionally Left Blank for 2 sided printing

TOC PAGE 1 OF 2

CONTENTS

Legal Notice to BID 5

Tentative Timeline for INVITATION TO BID Process 7

I. Scope of Services 7

II. Qualification of Contractors 7

III. Inquiries 8

IV. Submission of Proposals 4

V. Selection and Criteria 8

VI. General Terms and Conditions 9

VII. Standard Instructions to Proposers 11

Exhibits:

A – Legal Status Disclosure 23

B – Non-Collusion Affidavit 27

C – Statement of Qualifications 29

D – Required Disclosures 31

E – Affirmative Action Affidavit 33

F – Bid Form 28

G.- Bid Bond

H – List of required insurance and limits 39

Prior to contract signing:

COI with Insurance Limits Performance and payment bond Materials and Labor Bond.

VIII. State of Connecticut Prevailing wage rates 45

IX. Bond Forms

a. Bid Bond

b. Performance Bond

c. Labor and Materials Bond.

X. Technical Specifications

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00 SUMMARY

01 22 00 UNIT PRICES

01 26 00 CONTRACT MODIFICATION PROCEDURES

ASI BLANK

RRFI BLANK

PR BLANK

RCOP BLANK

01 29 00 PAYMENT PROCEDURES

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TOC PAGE 2 OF 2

01 31 00 PROJECT MANAGEMENT AND COORDINATION

CAD FILES AGREEMENT

01 33 00 SUBMITTAL PROCEDURES

SUBMITAL REVIEW STAMP

01 40 00 QUALITY REQUIREMENTS

01 42 00 REFERENCES

01 50 00 TEMPORARY FACILITIES AND CONTROLS

01 60 00.01 SUBSTITUTION REQUEST FORM

01 73 00 EXECUTION

01 77 00 CLOSEOUT PROCEDURES

DIVISION 02 - DEMOLITION

02 41 00 DEMOLITION

DIVISION 03 - CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE

DIVISION 12-30

26 05 43 UNDERGROUND DUCT & RACEWAYS

26 56 68 EXTERIOR BASKETBALL LIGHTING

DIVISION 31 - EARTHWORK

31 20 00 EARTH MOVING

31 25 00 EROSION AND SEDIMENTATION CONTROLS

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 16 12 ASPHALT PAVING

32 13 25 POST TENSIONED CONCRETE COURTS

32 18 23.53 COURT SURFACING

32 31 01 WOOD GUIDE RAIL

32 86 10 BASKETBALL COURT EQUIPMENT

32 91 01 TOPSOIL

32 92 00 TURF AND GRASSES

END TABLE OF CONTENTS

LIST OF DRAWINGS:

COVER SHEET

L1.00 SITE DEMOLITION

L2.00 SITE LAYOUT

L3.00 SITE MATERIALS

L4.00 SITE GRADING

L5.01 SITE DETAILS

L5.02 SITE DETAILS

L6.00 ATHLETIC LIGHTING PLAN

END LIST OF DRAWINGS

Legal Notice 1 of 2

LEGAL NOTICE TO BID

TOWN OF STONINGTON, CONNECTICUT

INVITATION TO BID FOR RENOVATION OF

SPELLMAN PARK BASKETBALL COURTS

August 31, 2026

Sealed Bids for the Reconstruction of the Town of Stonington Basketball Courts, located at Spellman Drive, Pawcatuck CT, will be received by Mr. James Sullivan at the Stonington Town Hall, 3rd Floor Finance Office, 152 Elm Street, Stonington, Connecticut 06378, until 2:00 pm local time on September 23, 2026 at which time the Bids received will be opened publicly, and read aloud.

Bids submitted after this time will not be accepted. The Project is located at Spellman Drive, Pawcatuck, CT. The Work is estimated to cost in excess of $100,000 and therefore will require State of Connecticut Prevailing Wage Rates for onsite labor. Each bidder must submit a sealed envelope, the outside of which must be clearly marked "BID#2026-009 ENCLOSED – Spellman Park Basketball Court Renovation,” and include the bidder’s company name and address.

The full Invitation to Bid, and bidding documents, may be obtained on the Town’s website, under http://www.stonington-ct.gov/bids-rfps or on the CT DAS contracting portal.

Note: Once awarded, work under this bid shall start no sooner than October 12, 2026, and be substantially completed no later than May 20, 2027.

Any addenda to the ITB will be posted to the Town’s website along with the CT DAS contracting portal. All firms are responsible for checking for new addenda.

Any questions regarding this bid should be emailed to Eric Roise at Kaestle Boos Associates, Inc., Architects, at eroise@kba-architects.com no later than 4:00 PM on Thursday, September 17, 2026.

Bids shall be on a lump sum basis. Bids will be compared and evaluated and awarded on the basis of the Total Bid to the lowest responsible and qualified bidder.

Pre-bid conference: Non-Mandatory Pre-bid conference and walk-through will be held on Thursday, September 10, at 11:00 am at the Spellman Park Basketball Courts, Spellman Drive, Pawcatuck, CT.

The project site will be available for viewing at that time. Eligible bidders are encouraged to attend and observe existing conditions prior to submitting a bid.

The successful Bidder is required to comply with all provisions of the Civil Rights Act of 1964, the Equal Opportunity Act of 1972, Executive Orders #3, No. 17, 11246, 11375 and 11478. Contractors shall comply with State Statutes concerning Employment and Labor Practices, if applicable, and Section 31-53 of the Connecticut Statutes, as amended (Prevailing Wages).

The Town of Stonington and its Agencies and Commissions is an Affirmative Action/Equal Opportunity employer. Respondents must ensure that employees and applicants for employment

Legal Notice 2 of 2 are not discriminated against because of their race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, genetic information, veteran status intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such Respondent that such disability prevents performance of the work involved. The Town of Stonington complies with all Federal, State, and Local laws governing nondiscrimination in employment in every location in the Town has facilities. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training. Respondents to this ITB agree and warrant that in the performance of the work contemplated under this ITB they will not discriminate or permit discrimination against any person or group of persons. Respondents agree to provide the State of Connecticut Commission on Human Rights and Opportunities with such information requested by the Commission concerning employment practices and procedures.

A completed Bid Form and attachments listed therein must be submitted with the Bid. Bid security shall be furnished in accordance with the Instructions to Bidders. The Bid Security shall be a proposal guaranty bond made in favor of the Town executed by a surety company authorized to do business in the State of Connecticut. Bid Security shall be made payable to Town of Stonington, Connecticut. Bids submitted without Bid Security will not be considered.

No Bid may be withdrawn for 60 days after receipt of Bids unless released by the Owner.

Any bidder that qualifies for the “LOCAL VENDOR PREFERENCE” must fill out a “Town- Based Business Affidavit Form” signed by an authorized representative of the bidder at the time of bid submittal in order to be considered for this preference. Failure to submit a Town Based Business Affidavit on the form provided by the Town of Stonington will result in disqualification of town-based business status and loss of any preference given to a town-based business on the part of such bidder as to its bid. The form is available on the Town’s website at www.stonington-ct.gov or can be obtained by contacting the Finance Office at 860-535-5070

The Town of Stonington reserves the right to amend or terminate this Invitation to Bid, to reject any or all bidders, to waive and technical or legal deficiencies, to request additional information, to waive any informalities or non- material deficiencies in a response, to determine qualifications exclusively and finally in its sole discretion, to select any firm based on any combination of factors, and the Town's best interests, to negotiate with any firm submitting a bid for different or additional terms, and to take any and all other action that, in the Town’s sole judgment, will be in its best interests.

The Town of Stonington is an:

AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER

MBE/WBE AND SBE’s are encouraged to bid

END OF NOTICE TO BID

ITB 1 of 3

TIMELINE OF THE BID PROCESS-KEY DATES:

ITB Issue Date / Documents Available:

Non-Mandatory Pre-bid conference and walkthrough:

Thursday, September 10, 2026 11:00 AM on the courts

Final Date to Submit Questions:

Thursday, September 17,2026 4:00p.m.

Final Addendum:

Monday, September 21, 2026 3:00p.m.

Bids Due: Date/Time:

Wednesday September 23, 2026 at 2:00 p.m.

Bid Submission Place: Stonington Town Hall, Finance Dept. 152 Elm Street, Stonington, CT 06378.

Proposal Opening Date/Time: Wednesday, September 23, 2026 at 2:00 p.m.

Proposal Opening Place: Finance Department, 152 Elm Street, Stonington, CT 06378.

Proposed Construction: Construction shall start no sooner than October 12, 2026.

Construction shall be Substantially Complete No later than May 20, 2027

I. SCOPE OF SERVICES

OWNER: Town of Stonington, Connecticut

ARCHITECT: Kaestle Boos Associates, Inc., 416 Slater Road, New Britain, CT

06053 Phone 860-229-0361

General Description of the Work: Selective demolition of the existing asphalt surfacing, guard rail, athletic lighting and amenities, as required to accommodate installation of a new post-tension concrete base over the existing sub-base. Construction includes two new post tensioned concrete basketball courts, new guardrail, new athletic lighting, asphalt walk, perimeter grading, court surfacing and striping, hoops and posts.

II. QUALIFICATION OF CONTRACTORS

Attach a copy of AIA Document A305, Contractor’s Qualification Statement, to the BID FORM. Failure to do so may result in rejection of bid.

ITB 2 of 3

III. INQUIRIES

All inquiries relative to the conditions and specifications listed herein as well as clarification of any information contained or referenced in this ITB must be submitted in writing (or email) to Eric Roise at Kaestle Boos Associates, Inc., at eroise@kba-architects.com no later than 4:00 PM on Friday, September 11, 2026 with copy to James Sullivan, Director of Finance, Town of Stonington, at jsullivan@stonington-ct.gov.

The Town will answer all relevant written questions by issuing one or more addenda, which shall become part of this INVITATION TO BID.

IV. SUBMISSION OF PROPOSALS

General Requirements: Respondents are asked to provide Proposals for the scope of work in accordance with all the terms and specification contained herein.

Respondents shall submit one (1) original and two (2) hard copies and one (1) electronic copy (a compiled Adobe PDF file) of their Bid package.

4. Exhibits:

A) Bid Form B) Non-Collusion Affidavit C) Statement of Qualifications D) Required Disclosures E) Affirmative Action Affidavit F) Legal Status Disclosure G) Bid Bond

H) Prior to Contract Signing:

COI with Insurance Limits specified in Exhibit G Performance and Payment Bond Materials and Labor Bond

V. SELECTION PROCESS AND CRITERIA

Proposals will be evaluated on their qualifications and value by the Director of Public Works or her appointees using the following criteria:

1. Contractor Qualifications

2. Bid proposal adherence to technical specifications.

3. Ability to deliver goods and services in a timely fashion.

4. Proposed project schedule.

5. Value of proposed fees.

6. Compliance/completion with/of submission requirements noted above in Section IV.

ITB 3 of 3

VI. GENERAL TERMS AND CONDITIONS

1. The Town reserves the right to reject any and all proposals, to waive any informality, to request interviews of proposers prior to award and to select and negotiate the proposed services in the best interest of the Town.

2. The Town reserves the right to accept all or part of any proposal, and to negotiate a contract for services and cost with the selected firm or team.

3. The Selected firm shall guarantee to provide the goods at the price of the proposal for a period of not less than sixty (60) days from the deadline for submission of proposals.

4. Unless otherwise stated, Payment Requests are to be submitted no more than once per month. Each Payment Request shall be signed by the Selected firm and shall constitute the Selected firm’s representation that quantity of work has reached the level for which payment is requested, and that the Selected firm knows no reason why payment should not be made as requested. The Payment Request shall include an itemization of all services provided, including unit list price, net price, extensions and total amount due. The Town shall approve by signature the amount that, in the opinion of the Town, is properly owing to the Selected firm.

5. Unless otherwise stated, payment will be made within thirty (30) days of the completion of the work, in an acceptable fashion, to the Town and receipt of invoice, whichever is later.

6. As a municipal project this project is exempt from all sales and Federal excise taxes.

7. None of the services covered by the contract shall be assigned in full or in part, or sub-contracted without the prior approval of the Town.

8. Unless otherwise specified all costs listed shall be for the full construction for the term of the contract.

9. Proposal shall also mean quotation, bid, offer, qualification/experience statement, and services. Proposers shall also mean vendors, offerors, bidders, or any person or firm responding to the Invitation to Bid.

10. All contracts entered into by the Town shall be governed by the Laws of the State of Connecticut. Any disputes shall be resolved within the venue of the State of Connecticut.

AWARD TO OTHER THAN THE APPARENT LOW BIDDER: The Town of Stonington reserves the right to award the work to a proposer other than the one which submitted the lowest price if it deems such action to be in the best interest of the Town of Stonington.

AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYTERS

MBE/WBE AND SBE’S ARE ENCOURAGED TO BID

Instructions to Proposers 1 of 11

VIISTANDARD INSTRUCTIONS TO PROPOSERS

INTRODUCTION

Interested parties should submit a proposal in accordance with the requirements and directions contained in this INVITATION TO BID. Proposers are prohibited from contacting any Town employee, officer or official concerning this INVITATION TO BID, except as set forth in Section 3, below. A proposer’s failure to comply with this requirement may result in disqualification.

If there are any conflicts between the provisions of these Standard Instructions to Proposers and any other documents comprising this INVITATION TO BID, these Standard Instructions to Proposers shall prevail.

1. RIGHT TO AMEND OR TERMINATE THE INVITATION TO BID OR CONTRACT

The Town may, before or after proposal opening and in its sole discretion, clarify, modify, amend or terminate this INVITATION TO BID if the Town determines it is in the Town’s best interest.

Any such action shall be affected by a posting on the Town’s website, http://www.stonington-ct.gov/bids-rfps and/or the CT DAS Contracting Portal. Each proposer is responsible for checking the Town’s website and CT DAS Contracting Portal to determine if the Town has issued any addenda and, if so, to complete its proposal in accordance with the INVITATION TO BID as modified by the addenda.

Bidders are cautioned not to rely on 3rd party plan rooms for obtaining bid information. The town shall not be responsible for information obtained from 3rd party sources.

2. PROPOSAL SUBMISSION INSTRUCTIONS

Proposals must be received, by the date and time noted in the INVITATION TO BID prior to the date and time the proposals 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 fax. Proposers are solely responsible for ensuring timely delivery. The Town will NOT accept late proposals.

One (1) original and two (2) hard copies, along with a digital copy of all proposal documents must be submitted in sealed, opaque envelopes clearly labeled with the proposer’s name, the proposer’s address, the words "BID#2026-009 ENCLOSED – Spellman Park Basketball Court Renovations”.

The Town may decline to accept proposals 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 proposal documents and inform the proposer that the proposal documents may be resubmitted in a sealed envelope properly marked as described above.

Instructions to Proposers 2 of 11

Proposal fee must be submitted on the Bid Form included in this INVITATION TO BID. All blank spaces for proposal prices must be completed in ink or be typewritten; proposal fee must be stated in both words and figures. The person signing the Proposal Form must initial any errors, alterations or corrections on that form. Ditto marks or words such as “SAME” shall not be used in the Proposal Form.

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

An authorized person representing the legal entity of the proposer must sign the Proposal Form and all other forms included in this INVITATION TO BID.

3. QUESTIONS AND AMENDMENTS

Questions concerning the process and procedures applicable to this INVITATION TO BID are to be submitted only in writing via email and directed to:

Eric Roise Kaestle Boos Associates, Inc.

Email: eroise@kba-architects.com

Proposers shall copy Mr. James. Sullivan, jsullivan@stonington-ct.gov as well.

Proposers are prohibited from contacting any Town employee, officer or official concerning this INVITATION TO BID other than the designated official noted above. A proposer’s failure to comply with this requirement may result in disqualification.

Questions from proposers must be received no later than the date specified under the time line.

Questions will be addressed via issue of one or more addenda, which shall be a part of this INVITATION TO BID and the resulting Contract.

The Town will post any addenda on Town’s website, http://www.stonington-ct.gov/bids-rfps or on the CT DAS contracting portal. Each proposer is responsible for checking the websites to determine if the Town has issued any addenda and, if so, to complete its proposal in accordance with the INVITATION TO BID as modified by the addenda.

No oral statement of the Town, or the Town representatives listed above, shall be effective to waive, change or otherwise modify any of the provisions of this INVITATION TO BID, and no proposer shall rely on any alleged oral statement.

Instructions to Proposers 3 of 11

4. ADDITIONAL INFORMATION

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

5. COSTS FOR PREPARING PROPOSAL

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

6. OWNERSHIP OF PROPOSALS

All proposals submitted become the Town’s property and will not be returned to proposers.

7. FREEDOM OF INFORMATION ACT

All information submitted in a proposal 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. Proposers are encouraged not to include personal information unless specifically asked to do so. A proposer’s responses may contain financial, trade secret or other data that it claims should not be public (the “Confidential Information”). A proposer must identify specifically the pages and portions of its proposal or additional information that contain the claimed Confidential Information by visibly marking all such pages and portions. Provided that the proposer 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 proposer’s Confidential Information, it will promptly notify the proposer in writing of such request and provide the proposer with a copy of any written disclosure request. The proposer 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 proposer 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.

8. REQUIRED DISCLOSURES

Each proposer must, in its Required Disclosures Form, make the disclosures set forth in that form.

A proposer’s acceptability based on those disclosures lies solely in the Town’s discretion.

9. REFERENCES

Each proposer must complete and submit the Proposer’s Qualification Statement included in this

INVITATION TO BID.

Instructions to Proposers 4 of 11

10. LEGAL STATUS

If a proposer 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 proposer’s legal status. Each proposer must complete the Proposer’s Legal Status Disclosure Form included in this INVITATION TO BID.

11. PERFORMANCE SECURITY

The Contractor shall furnish a Performance Bond and a Labor and Material Payment Bond in amounts equal to at least one hundred percent (100%) of the contract price as security for the faithful performance of the Contract, and for the payment of all persons performing labor on the project under this contract and furnishing materials, equipment and all other incidentals in connection with this contract. The Surety on such a bond shall be satisfactory to the Owner and the cost of the same shall be borne by the Contractor. Prior to the starting of any work, the bonds must be approved by the Owner and be in the Owner’s hands. The bonds must be from a surety company licensed and approved to do business in the State of Connecticut and shall remain in effect through the guarantee period

12. PROPOSAL (BID BOND) SECURITY

Each bid must be accompanied by a bid bond duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of five (5) percent of the bid. Such bid bonds will be returned to all but the three lowest bidders within five days after the opening of bids, and the remaining bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract; or if no award has been made within 60 days after the date of the opening of the bids, upon demand of the bidder at any time there- after, so long as he has not been notified of the acceptance of his bid. The bid bond of the successful bidder will be retained until the payment bond and performance bond have been executed and approved, after which it will be returned.

13. PRESUMPTION OF PROPOSER’S FULL KNOWLEDGE

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

Each proposer 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 INVITATION TO BID or the provision or goods or performance of the work described herein.

By submitting a proposal, each proposer represents that it has thoroughly examined and become familiar with the scope of work outlined/the goods described in this INVITATION TO BID, and it is capable of performing the work/delivering/installing the goods to achieve the Town’s objectives.

If applicable, each proposer shall visit the site, examine the areas and thoroughly familiarize itself with all conditions of the property before preparing its proposal.

Instructions to Proposers 5 of 11

14. TAX EXEMPTIONS

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

Exemption from State sales tax per Conn. Gen. Stat. Chapter 219, § 12-412(1).

Federal Tax-Exempt number will be provided to the selected firm prior to execution of contract.

15. INSURANCE

The successful proposer shall, at its own expense and cost, obtain and keep in force at least the insurance listed in the Insurance Requirements that are a part of this ITB. The Town reserves the right to request from the successful proposer a complete, certified copy of each required insurance policy. A sample Certificate of Insurance should be submitted with bid proposal.

16. AWARD CRITERIA; PRELIMINARY SELECTION; CONTRACT EXECUTION

All proposals will be publicly opened and read aloud as received on the date, at the time, and at the place identified in this INVITATION TO BID. Proposers may be present at the opening.

The Town reserves the right to correct, after proposer verification, any mistake in a proposal 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 proposal, reject all proposals, and waive any informalities or non-material deficiencies in a proposal. The Town also reserves the right, if applicable, to award the purchase of individual items under this INVITATION TO BID to any combination of separate proposals or proposers.

The Town will select the lowest responsible & qualified proposer, meaning that, in addition to price, due consideration will be given to factors such as a proposer’s experience, references, capabilities, past performance, and other relevant criteria.

The Town will not award the proposal 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 Intent to Award. The preliminary notice of award may be subject to further negotiations with the proposer. The making of a preliminary award to a proposer does not provide the proposer 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 proposer has rights, and the Town has obligations, only if and when a Contract is executed by the Town and the proposer.

17. NONRESIDENT CONTRACTORS

If the successful proposer 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 proposer agrees to defend, indemnify, and hold harmless the Town, its employees, officers, officials, agents, volunteers

Instructions to Proposers 6 of 11 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 proposer’s activities under the Contract.

Connecticut General Statute §12-430(7) requires that:

When a non-resident contractor enters into a contract, they must post a 5% cash or guarantee bond for the total amount with the Commissioner of Revenue Services;

or Any person dealing with a non-resident contractor without first obtaining a certificate of compliance must deduct 5% from the amount payable to the non-resident contractor and submit it to the state.

If the requirements are not met, the general contractor will be liable for all Connecticut taxes imposed.

All questions shall be directed to the State of Connecticut Department of Revenue Services Discovery Unit at 860-541-3280.

The successful proposer shall also be required to pay any and all attorney’s fees incurred by the Town Indemnified Parties in enforcing any of the successful proposer’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.

18. COMPLIANCE WITH LAWS

The successful proposer 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 proposal and the performance of the Contract.

Immigration Laws By submitting a proposal, each proposer 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 proposer 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 proposer 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 proposer or its subcontractor. The successful proposer 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 proposer’s obligations under this provision, whether or not a lawsuit or other proceeding is commenced. The successful proposer’s obligations under this section shall survive the

Instructions to Proposers 7 of 11 termination or expiration of the Contract.

Non-Discrimination and Affirmative Action In the performance of the Contract, the successful proposer 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 proposer shows that such disability prevents performance of the work involved.

In the performance of the Contract, the successful proposer 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 proposer shows that such disability prevents performance of the work involved.

Any violation of these provisions shall be considered a material violation of the Contract and shall be grounds for the Town’s cancellation, termination or suspension, in whole or in part, of the Contract and may result in ineligibility for further Town contracts.

Connecticut’s Prevailing Wage Law Provision Prevailing wage requirements will apply to this project. If applicable, the contractor must be in full compliance with CGS Section 31-53 and 31-53(a) which applies 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, CGS Section 31-53 (g) provides monetary thresholds which must be met before the law is applicable. 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. For qualifying projects, 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 contractor's monthly certificate for payment. The contractor should familiarize themselves with all aspects of the provisions under state law in order to ensure full compliance.

Executive Orders The contract is 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, Instructions to Proposers 8 of 11

2006, concerning procurement of cleaning products and services, in accordance with their respective terms and conditions.

Occupational Safety and Health Administration Requirement 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.

19. NON COLLUSION AFFIDAVIT

Each proposer shall submit a completed Proposer’s Non-Collusion Affidavit Form that is part of this INVITATION TO BID.

20. CONTRACT TERMS

The following provisions will be mandatory terms of the Town’s Contract with the successful proposer. If a proposer is unwilling or unable to meet, or seeks to clarify or modify, any of these Contract Terms, the proposer must disclose that inability, unwillingness, clarification and/or modification in its Proposal Form.

a. DEFENSE, HOLD HARMLESS AND INDEMNIFICATION

The successful proposer 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 proposer’s malfeasance, misconduct, negligence or failure to meet its obligations under the INVITATION TO BID or the Contract.

The successful proposer’s obligations under this section shall not be limited in any way by any limitation on the amount or type of the successful proposer’s insurance.

Nothing in this section shall obligate the successful proposer to indemnify the Town or its 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.

Instructions to Proposers 9 of 11

In any and all claims against the Town or its Indemnified Parties made or brought by any employee of the successful proposer, or anyone directly or indirectly employed or contracted with by the successful proposer, or anyone for whose acts or omissions the successful proposer is or may be liable, the successful proposer’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 proposer under workers’ compensation acts, disability benefit acts, or other employee benefits acts.

The successful proposer shall also be required to pay any and all attorney’s fees incurred by the Town or its Indemnified Parties in enforcing any of the successful proposer’s obligations under this section. The successful proposer’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 proposer.

b. ADVERTISING

The successful proposer 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 proposer 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 proposer to do so is not a statement about the quality of the successful proposer’s work or the Town’s endorsement of the successful proposer.

c. SUBCONTRACTING

Prior to entering into any subcontract agreement(s) for the work described in the Contract, the successful proposer 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 proposer 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 proposer 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 proposer. The successful proposer shall remain fully and solely liable and responsible to the Town for performance of the work described in the Contract.

The successful proposer 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 proposer shall assure compliance with all requirements of the Contract. The successful proposer 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).

Instructions to Proposers 10 of 11

d. PREFERENCES

The successful proposer shall comply with the requirements of Conn. Gen. Stat. § 31-52(b), as amended. Specifically, the successful proposer 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.

e. LICENSES AND PERMITS

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

f. CESSATION OF BUSINESS/BANKRUPTCY/RECEIVERSHIP

If the successful proposer 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 proposer, 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.

g. AMENDMENTS

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

h. ENTIRE AGREEMENT

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

i. 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.

Instructions to Proposers 11 of 11

j. CONNECTICUT LAW AND COURTS

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

k. NON-EMPLOYMENT RELATIONSHIP

The Town and the successful proposer 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 proposer understands and agrees that it is not entitled to employee benefits, including but not limited to worker’s compensation and employment insurance coverage, and disability. The successful proposer shall be solely responsible for any applicable taxes.

21. LOCAL VENDOR PREFERENCE

The Town has a local vendor preference ordinance. Any bidder that qualifies for the “LOCAL VENDOR PREFERENCE” must fill out a “Town-Based Business Affidavit Form” signed by an authorized representative of the bidder at the time of the bid submittal in order to be considered for this preference. Failure to submit a Town Based Business Affidavit on the form provided by the Town of Stonington will result in disqualification of town-based business status and loss of any preference given to a town-based business on the part of such bidder as to its bid. The form is available on the Town’s website at www.stonington-ct.gov or can be obtained by contacting the Finance Department at 860-535-5070.

END OF STANDARD INSTRUCTIONS TO PROPOSERS

Proposers Legal Status Disclosure 1 of 3

EXHIBIT A

PROPOSER’S LEGAL STATUS DISCLOSURE

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

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

IF A SOLELY OWNED BUSINESS:

Proposer’s Full Legal Name

Street Address

Mailing Address (if different from Street Address)

Owner’s Full Legal Name

Number of years engaged in business under sole proprietor or trade name

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

Yes No

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

IF A CORPORATION:

Mailing Address (if different from Street Address)

Owner’s Full Legal Name

Proposers Legal Status Disclosure 2 of 3

Number of years engaged in business

Names of Current Officers

President Secretary Chief Financial Officer

Does the proposer have a “permanent place of business” in Connecticut, as defined

IF A LIMITED LIABILITY COMPANY:

Mailing Address (if different from Street Address)

Owner’s Full Legal Name

Names of Current Manager(s) and Member(s)

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

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

Proposers Legal Status Disclosure 3 of 3

IF A PARTNERSHIP:

Mailing Address (if different from Street Address)

Owner’s Full Legal Name

Names of Current Partners

(print) Name and Title of Proposer’s Authorized Representative

(signature) Proposer’s Representative, Duly Authorized

Date

END OF LEGAL STATUS DISCLOSURE FORM

Non-Collusion Affadavit 1 of 1

EXHIBIT B

PROPOSER’S NON-COLLUSION AFFIDAVIT FORM

PROPOSAL FOR:

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

(1) the proposal is genuine; it is not a collusive or sham proposal;

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

(3) the proposer, its employees and agents have not communicated the contents of the proposal to any person not an employee or agent of the proposer and will not communicate the proposal to any such person prior to the official opening of the proposal; and

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

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

Legal Name of Proposer (signature)

Proposer’s Representative, Duly Authorized

Name of Proposer’s Authorized Representative

Title of Proposer’s Authorized Representative

Date

Subscribed and sworn to before me this day of , 202__.

Notary Public My Commission Expires:

END OF NON-COLLUSION AFFIDAVIT FORM

Statement of Qualifications 1 of 1

EXHIBIT C

STATEMENT OF BIDDER’S QUALIFICATIONS

(To be submitted by the Bidder on separate sheets WITH THE BID)

To be considered for this project the bidder must be able to certify that he/she meets or exceeds the required qualifications as follows:

Bidders must have prior specific experience with post-tension concrete basketball courts and basketball court surfacing consisting of the successful construction of no less than five (5) post tension court projects consisting of 3 full size courts or greater in the past 5 years. Post Tension concrete basketball court construction shall have consisted of post tension slabs, basketball surfacing, fencing, nets and posts. Similar post tension court construction type (e.g. tennis, pickleball, or handball) of the same minimum size will also be considered. Project Superintendent proposed for this project shall be the same as all reference projects.

Material supplier/installer…