ON-CALL_PERMANENT_ROAD_PATCHING.pdf

Justin Elicker Mayor Malinda M. Figueroa

Shawn J. Garris

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/newhavenct

BUREAU OF PURCHASES

Department of Finance

City of New Haven

200 Orange Street, Rm 301

New Haven, CT 06510

Malinda M. Figueroa

Purchasing Agent

Shawn J. Garris

Deputy Purchasing Agent

Table Of Contents

1. Project Summary

1.1. Summary

1.2. Timeline

1.3. Procurement Contact

1.4. Bidder's Qualifications

1.5. General Conditions and Standards

2. Instructions to Respondents

2.1. How to Use OpenGov: Educational Resource

2.2. Notice Regarding Disclosure of Content Documents

2.3. Electronic Submission and Delivery Instructions

2.4. Confidentiality

2.5. Local Preference

2.6. Equal Employment Opportunity

2.7. Apprentice Hiring

2.8. MBE/WBE Sub-Contractor Utilization

2.9. Acceptance of Conditions

2.10. Limitation on Liability

2.11. Taxes

2.12. Error and Omissions

2.13. Documents to be construed together

2.14. Request for Taxpayer Identification number and Certification (IRS Form 9)

2.15. Solicitation Downloads

2.16. Solicitation Downloads

2.17. SCD – Small Contractor Development

2.18. Addenda

2.19. Inquiries for Clarification

2.20. Inspection of Site

2.21. Construction Related Permits

2.22. Availability of Funds

2.23. Alternate Responses

2.24. Contract Term

2.25. Termination of Contract

2.26. Change Order Management

2.27. Insurance Requirements

2.28. City of New Haven Living Wage Ordinance

2.29. Wages and Salaries

2.30. Unit Prices, Bid Quantities and Tax-Exempt Status

2.31. Calculation Sheet

2.32. Alternate Bids

2.33. Solicitation Process and Submission

2.34. Bid Bonding

2.35. Bid Security

2.36. Protest

2.37. Bid not Contractual

2.38. Execution of Contract

3. Awarding of Contract

3.1. Method of Award

3.2. Execution of Contract-Performance, Labor and Material Bond

3.3. Award of Contract

3.4. Notice to Proceed

3.5. Payment Policy

3.6. No Purchase Order – No Payment Policy

3.7. E-Invoice Submission

3.8. Electronic Invoice Policy

3.9. Price Adjustments

4. City Requirements

4.1. Equal Employment Opportunity

4.2. Non-Collusion Affidavit of Bidder

4.3. Ban The Box Agreement

4.4. Certificate of Non-Arrearage

5. Submittal Instructions

5.1. OpenGov Technical Support

5.2. Follow these steps to submit your proposal digitally

5.3. Withdrawal of Bid

6. Project Details

6.1. Bid Specifications

6.2. Calculation Sheet

6.3. Response Submittals

6.4. Attachments

Attachments:

A - 05_ Exhibit_ Contract Document

B - EEOC_Vendors_Notice of Fees

D - 5-MBE Utilization Form

J - Permanent_Road_Patching_Specifications

1. Project Summary

1.1. Summary

Contract Name: ON-CALL PERMANENT ROAD PATCHING

Solicitation #: 2026-ITB-343

Department: Public Works

The City of New Haven is soliciting bids from qualified contractors to perform permanent road patching services for utility cuts and pavement failures across various locations within the city. This work is necessary to maintain roadway safety, extend pavement life, and ensure a consistent and durable driving surface for the public.

Bid Bond Required: No

Living Wage Rate: Yes

1.2. Timeline

Solicitation/Advertise Date: May 11, 2026

Question & Clarification Deadline: May 27, 2026, 5:00pm

Bid Due Date: June 3, 2026, 3:00pm

1.3. Procurement Contact

Prajna Mishra

Procurement Specialist

200 Orange st

New Haven, CT 06510

1.4. Bidder's Qualifications

Each bidder shall, as noted in the Bid Package, submit on the form furnished for that purpose contain in

Response Submittals, a statement of the bidder's qualifications, its experience record in constructing the type https://procurement.opengov.com/portal/newhavenct/projects/263421/document?section=2529017 of improvements embraced in the Contract, and its organization and equipment available for the work contemplated; and, when specifically requested by the City, shall also submit a detailed financial statement.

The City shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform its obligations under the Contract and the bidder shall furnish the City all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City that the bidder is qualified carry out properly the terms of the Contract.

1.5. General Conditions and Standards

General Conditions can be found on the City's website: General Conditions

Construction Standards can be found on the City's website: Construction Standards https://www.newhavenct.gov/home/showpublisheddocument/1514/637743345206508367 https://www.newhavenct.gov/government/departments-divisions/engineering/construction-standards

2. Instructions to Respondents

2.1. How to Use OpenGov: Educational Resource

Instructions for the using the City's eProcurement System (OpenGov): The following link will help you Get

Started (https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9) and will include vendor guides for using the system. Below are additional screen shots for support.

All Video Guides: OpenGov Procurement Vendor Training

1. New Supplier Account

2. Submit a Bid or Proposal

3. Updating Your Company Designation on a Solicitation

4. Vendor Selection of Category Codes

5. How To Subscribe To Organizations And Find Active RFPs & Bids

6. Login Process

7. How to Edit or Withdraw your Proposal after it's been Submitted

8. How to Submit a Question

9. Viewing Solicitation Results

2.2. Notice Regarding Disclosure of Content Documents

All responses to this solicitation accepted by the City of New Haven (City) shall become the exclusive property of the City. At such time originating department recommends all solicitation accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade

Secret", "Confidential" or "Proprietary". Each element of a solicitation response which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e.

regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the Connecticut Public Records

Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

2.3. Electronic Submission and Delivery Instructions

Parties interested in responding are required to submit bids electronically through the City of New Haven's eProcurement Portal no later than 3:00 pm on Wednesday, June 3, 2026. Please upload sufficiently early https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9 https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9 https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9 https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed https://opengov.my.site.com/support/s/article/dceacbcf-203c-4b0d-aa57-550043bb0dc0 https://opengov.my.site.com/support/s/article/8e675a48-dad3-4759-9bae-6b4cb7970d21 https://opengov.my.site.com/support/s/article/2f7dbe3d-9f16-4179-8358-d55fdb37b858 https://opengov.my.site.com/support/s/article/fb581c18-5508-40d7-b714-c753af6514a1 https://opengov.my.site.com/support/s/article/f7fe1d1e-d79c-449a-ad8b-1d736d40b9cd https://opengov.my.site.com/support/s/article/a9d24d60-2ba1-4393-93c5-7512795f080e https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-7eade0776ebe https://opengov.my.site.com/support/s/article/12c62371-147b-45f4-9bcd-cf2ce5f58259 https://opengov.my.site.com/support/s/article/1323740f-ec46-48ee-a820-954bdd03f739 electronically through the City's eProcurement Portal before the time and day listed in the Notice Inviting

Proposals. Proposals must be received in the system prior to the deadline.

Proposals received after the Proposal Deadline may not be accepted by the

City.https://procurement.opengov.com/portal/newhavenct

PROPOSED LANGUAGE: Parties interested in responding must submit their proposals electronically through the City of New Haven's eProcurement Portal no later than the Response Submission Time on Response

Submission Date. To avoid any last-minute technical issues or delays, respondents are strongly encouraged to upload their proposals well in advance of the stated deadline. Please note that proposals must be fully received by the system prior to the deadline—late submissions will not be accepted.

2.4. Confidentiality

To ensure transparency while protecting legitimate business interests, the City of New Haven will carefully review all submitted information. If a respondent clearly marks specific information as "Proprietary," the City will redact this information before releasing any documents in response to a Freedom of Information (FOI) request consistent with Connecticut General Statutes, particularly Chapter 14 (Conn. General Statute § 1-200 et seq.) . Marking pricing as proprietary or confidential will not be acknowledged. .

Furthermore, City of New Haven staff will maintain the confidentiality of this marked proprietary material and the internal review process. Discussions regarding this sensitive information will be strictly limited to City of

New Haven personnel directly involved in the oversight of the relevant program or project.

2.5. Local Preference

The City of New Haven is committed to promoting the economic health and well being of its residents. To this end, contractor agrees to recruit New Haven residents initially and to give them preference, if all other factors are equal, for any new positions that result from the performance of this contract and which are performed within the City.

A. For this section, "City Based Business" shall mean a business with a principal place of business located within the City of New Haven. A "City Based Business” shall maintain such status throughout the term of any Contract with the City. Failure to maintain such status shall be grounds for the City to terminate said Contract.

B. To be considered a City Based Business you must submit satisfactory proof to the Purchasing Agent of your current City of New Haven address. Some examples of proof include are, but not limited to:

https://procurement.opengov.com/governments/5667/templates-admin/129095/City.https:/procurement.opengov.com/portal/newhavenct

1. Proof of payment of City of New Haven Real Estate tax bill(s)

2. A current, long term lease in the City of New Haven

3. Proof of payment of City of New Haven personal Property tax bill(s)

Sec. 2-483. - Preference for city-based businesses.

(a) For the purpose of this section "city-based business" shall mean a business with a principal place of business located within the City of New Haven. A business shall not be considered a "city-based business" unless evidence satisfactory to the purchasing agent has been submitted with each bid to establish that said business has its bona fide place of business in New Haven. Such evidence may include evidence of ownership of or a long-term lease of the real estate from which its place of business is operated, or payment of property taxes on the personal property of the business. A "city-based business" shall maintain such status throughout the term of any contract with the City of New Haven. Failure to maintain such status shall be grounds for the city to terminate said contract.

(b) On contracts or purchases the lowest responsible bidder shall be determined in the following order:

(1) On contracts or purchases involving a total contract price of one million dollars ($1,000,000.00) or less: any city-based bidder that submitted a low bid not more than fifteen (15) percent higher than the lowest bid, provided such city-based bidder agrees to accept the award of the bid at the lowest bid amount. If more than one (1) city-based bidder has submitted bids not more than fifteen (15) percent higher than the lowest bid and has agreed to accept the award of the bid at the lowest bid amount, the lowest responsible bidder shall be the city-based bidder that submitted the lowest bid.

(2) On contracts or purchases involving a total contract price of more than million dollars ($1,000,000.00) but less than five million dollars ($5,000,000.00): any city-based bidder that submitted a bid not more than ten

(10) percent higher than the lowest bid, provided such city-based bidder agrees to accept the award of the bid at the lowest bid amount. If more than one (1) city-based bidder has submitted bids not more than ten (10) percent higher than the lowest bid and has agreed to accept the award of the bid at the lowest bid amount, the lowest responsible bidder shall be the city-based bidder that submitted the lowest bid.

(3) On contracts or purchases involving a total contract price of more than five million dollars ($5,000,000.00):

any city-based bidder that submitted a bid not more than six (6) percent higher than the lowest bid, provided such city-based bidder agrees to accept the award of the bid at the lowest bid amount. If more than one (1) city-based bidder has submitted bids not more than three (3) percent higher than the lowest bid and has agreed to accept the award of the bid at the lowest bid amount, the lowest responsible bidder shall be the city-based bidder that submitted the lowest bid.

(4) The responsible low bidder.

2.6. Equal Employment Opportunity

A. A pre-award conference concerning equal employment opportunity compliance by the Awardee will be scheduled the week prior to the City’s authorizing the award. The contractor will receive forms and other documentation that must be completed and returned to the City prior to the date of the pre-award conference. The Contractor's Affirmative Action/Equal Opportunity compliance report will represent the major focus of discussion at the pre-award conference. The contractor is responsible for satisfying the affirmative action/equal opportunity provisions as set forth in or referred to in these

Solicitation Documents.

B. Any proposed subcontract under this Contract must submit a certification regarding Equal Employment

Opportunity, similar to that submitted by the Respondent. Approval of the subcontractor award cannot be given by the owner unless and until the proposed subcontractor has submitted the certification and/or other evidence that it has fully complied with any reporting requirements to which it is or was subject.

C. Although the Respondent is not required to attach such certification by proposed subcontractors to its

Response, the Respondent is herein advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards.

D. The Equal Employment Opportunity ordinance can be found in Section 12 ½ of the City of New

Haven’s Code. Please review for further details

2.7. Apprentice Hiring

A. For construction projects with a minimum estimated value of $500,000, Apprentice Hiring is required;

1. The contractor shall be affiliated with a state certified apprenticeship program for each apprentice trade or occupation representing its workforce

2. A minimum of fifteen (15) percent of the workforce by trade employed by contractors on any and all city contracts subject to the requirements of this section shall be apprentice and, of this number, a minimum of fifty (50) percent shall be in the first year of apprenticeship training

B. The Equal Employment Opportunity ordinance can be found in Section 12 ½ of the City of New Haven’s

Code. Please review for further details.

2.8. MBE/WBE Sub-Contractor Utilization

A. Good Faith Efforts - Bidders must objectively demonstrate to the City positive efforts to meet the City's

25% goal for the use of minority and women-owned small businesses (“Targeted Enterprises”) in the project.

B. The Sub-Contractor Utilization ordinance can be found in Section 12 ¼ of the City of New Haven’s

Code. Please review for further details.

2.9. Acceptance of Conditions

By submitting a proposal, each respondent or proposer expressly agrees to and accepts the following conditions:

1. Contract Terms

• Incorporation of Documents: All sections of the Instructions to Respondent/Proposer and the

Specifications will become integral parts of the final contract between the selected firm and the City.

2. City’s Right to Due Diligence

• Financial and Technical Ability: The City may require any evidence deemed necessary to verify the respondent's financial stability and ability to successfully complete the project.

• Further Information: The City reserves the right to request additional information from the respondent, either in writing or orally, to confirm any stated qualifications.

3. Final Authority and Judgment

• Sole Discretion: The City reserves the exclusive right to evaluate the respondent's representations and to determine whether the respondent is qualified to undertake the project based on the criteria set forth in this document.

• Binding Decision: By submitting a response, the proposer expressly acknowledges and agrees that the

City’s judgment regarding qualification to perform the project shall be final, binding, and conclusive.

4. Right to Modify or Cancel

• Reservation of Rights: The City reserves the right to reject all proposals, to waive any irregularity in any of the submissions, or to cancel or delay the project at any time.

• No Obligation to Award: This solicitation process does not commit the City to award any contract whatsoever.

5. Cost and Liability

• No Cost Liability: The City is not liable for any costs incurred by the proposer during the preparation and submission of a response.

2.10. Limitation on Liability

Respondents acknowledge that they shall. provide the goods and/or services without monetary limitations on liability. If Respondents take exception to this requirement, Respondents shall expressly state any exceptions, including the proposed limits of liability, (a) in detail; (b) as a separate attachment; and (c) not part of any form documents submitted. Respondents acknowledge that any exceptions may result in a finding of non-responsiveness.

2.11. Taxes

Bid pricing shall exclude all federal, state, local and other taxes.

2.12. Error and Omissions

Bidders or Proposers shall not be allowed to take advantage of any errors or omissions in the Instructions to

Bidders/General Instructions or Specifications/Scope of Work. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.

2.13. Documents to be construed together

The Invitation to Bid, the Bid response, the Non-Collusion Affidavit, and all documents referred to in the complete specifications and the Contract to be entered into between the Contractor and the City, and all modifications of said documents, shall be construed together as one document.

2.14. Request for Taxpayer Identification number and Certification (IRS Form 9)

The winning bid will be required to submit a completed and signed IRS Form W-9. Failure to submit this form may result in the response being deemed non-responsive.

Link: https://www.irs.gov/pub/irs-pdf/fw9.pdf

2.15. Solicitation Downloads

A. Every part of this document may be downloaded from the website at no cost to you. If you require a third party to print the specifications and/or drawings, that cost will be borne by you.

B. Drawing File Format: PDF

C. Click on the "Downloads" to download the drawings.

D. If you don't have Adobe Acrobat and you wish to view the files in PDF format, Download the application here: https://get.adobe.com/reader/

E. Drawings - The following three local firms are examples of companies that can reproduce drawings and/or any portion of the documents. These suggestions are not to be considered endorsements in any way. Any other firm with the AutoCAD, DWG, DXF, DWF & CSF Viewers will also be able to reproduce the drawing files.

F. SCD Projects: Program qualified vendors will be required to request an invite be sent to a print service vendor via the message section of their desired solicitation opportunity.

2.16. Solicitation Downloads

A. Every part of this document may be downloaded from the website at no cost to you. If you require a third party to print the specifications and/or drawings, that cost will be borne by you.

B. Drawing File Format: PDF

C. Click on the "Downloads" to download the drawings.

D. If you don't have Adobe Acrobat and you wish to view the files in PDF format, Download the application here: https://get.adobe.com/reader/

E. Drawings - The following three local firms are examples of companies that can reproduce drawings and/or any portion of the documents. These suggestions are not to be considered endorsements in any way. Any other firm with the AutoCAD, DWG, DXF, DWF & CSF Viewers will also be able to reproduce the drawing files.

2.17. SCD – Small Contractor Development

A. Your company must be registered with the SCD program to submit Bids under this program.

https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf https://procurement.opengov.com/portal/newhavenct/projects/263421 https://get.adobe.com/reader/ https://procurement.opengov.com/portal/newhavenct/projects/263421 https://get.adobe.com/reader/

B. Minority Business Enterprise (MBE). For the purposes of this chapter, MBE shall mean any a small contractor with at least 51% ownership by one or more persons who:

1. Exercise operational authority over the daily affairs of the enterprise.

2. Have the power to direct the management and policies and receive the beneficial interest of the enterprise.

3. Possess managerial and technical competence and experience directly related to the principal business activities of the enterprise.

4. Are members of a minority group that has been identified through a utilization study or other analysis of New Haven contractor utilization records to be the victim of statistically significant underutilization for construction and construction-related services by the city and private contractors.

5. In accordance with court rulings, the designated minority groups are:

a. African American, which shall mean all persons having origins in any Black racial groups of

Africa, and not of Spanish culture origin.

b. Hispanic American, which shall mean all persons Puerto Rican, Cuban, Mexican, Central

American or South American or other Spanish culture origin.

C. Women Business Enterprise (WBE) For the purpose of this chapter, shall mean (can be of any ethnic background) A small contractor with at least 51% ownership by one or more women who:

1. Exercise operational authority over the daily affairs of the enterprise

2. Have the power to direct the management and policies and receive the beneficial interest of the enterprise

3. Possess managerial and technical competence and experience directly related to the principal business activities of the enterprise

D. Small Business Enterprise (SBE). For the purposes of this chapter, SBE shall mean any business entity that:

1. Has been doing business as an independent, operating business under the same ownership and management.

2. Has maintained its principal place of business in the New Haven Market Area for a period of at least one (1) year immediately prior to the date of application for registration.

3. Has gross revenues not exceeding three million dollars ($3,000,000.00) in the three years prior to application for registration.

E. Self-Perform means that a registered SBE, MBE, WBE whether a Prime Contractor or a subcontractor, performs 30% of the value of its work (exclusive of materials and equipment) using its own forces and resources as determined by monthly payrolls.

2.18. Addenda

If any person contemplating submitting a bid response of the items or services listed herein is in doubt as to the true meaning of any part of this solicitation, he/she may submit a question through the City's eProcurement Portal Q&A section for an interpretation or correction thereof. Any written Inquiry for

Clarification must be received seven (7) or more business days prior to the Closing Date. Any request received by the City after this deadline will not be given consideration.

We will endeavor to post Addendums regarding Inquires for Clarification, not less than five (5) calendar days prior to the Bid Closing Date and Time.

Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in this solicitation, above. Addenda (if any) shall be made available on the City's eProcurement system, and sent to each vendor included on the "Followers" list in the City's eProcurement system. A vendor's failure to address the requirements of any and all addenda may result in the response

(proposal or bid, or alike) not being considered. If the City determines that a time extension is required for the proposal, the City will issue an addendum that will give the new submission date. The vendor is responsible to register on the City's eProcurement Portal and follow the project named ON-CALL PERMANENT ROAD

PATCHING in order to be included in the "Followers" list in the City's eProcurement system to insure they receive all documents including addendums which are available as a download.

The City reserves the right to change any part of these Instructions to PROPOSERS and Specifications any time prior to Deadline for Submissions. Any changes shall be in the form of addenda and will become a part of the

Proposal documents and of the contract.

2.19. Inquiries for Clarification

A. The City will not respond to a Respondent's request(s) for oral interpretation and/or clarification of the

Solicitation Specifications for any reason.

B. The City will respond to a Respondent’s written request(s) for interpretation and/or clarification of the

Solicitation Specifications.

1. Any written Inquiry for Clarification must be received seven (7) or more business days prior to the

Closing Date. Any request received by the City after this deadline will not be given consideration.

2. Every request for such an interpretation shall be made in writing via City’s e-Procurement Portal's

Question & Answer feature.

3. Please do not send questions or requests for clarification in a PDF format.

4. Every interpretation made to a Respondent will be in the form of an Addendum or Question &

Answer to the Solicitation Documents.

2.20. Inspection of Site

A. Each Respondent should visit the site of the proposed work and fully acquaint itself with the existing conditions there relating to construction and labor, and should fully inform itself as to the facilities involved, in addition to the difficulties and restrictions attending the performance of the Contract. The

Respondent should thoroughly examine and familiarize itself with the site, drawings, technical information/notations and all Solicitation Documents.

B. The Respondent shall in no way be relieved of any obligation to receive or examine any form or legal instrument, or to visit the site and acquaint itself with the conditions there existing.

2.21. Construction Related Permits

The contractor is responsible for all fees associated with Permits.

2.22. Availability of Funds

The provisions of this Contract relating to payment for products or services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to for disbursement. The City shall be the sole judge and authority in determining the availability of funds under this

Contract. If any action is taken by the City, any state agency, Federal department or any other agency to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, the City may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, The City shall be liable for payment only for products provided or services rendered prior to the effective date of the termination, provided that such products or services were provided or performed in accordance with the provisions of this Contract.

2.23. Alternate Responses

You must strictly comply with every element of this solicitation, meaning your bid must meet all scope of work, specifications, and submission requirements exactly as written. Equivalent products are only acceptable if the solicitation document explicitly says they are permitted; otherwise, no alternate responses or unsolicited substitutions will be considered, and any failure to conform to these rules risks your bid being rejected as non-responsive.

2.24. Contract Term

The term of the contract is one (1) Year with two (2) One (1) year renewal option(s) . All renewals will be at the sole discretion of the City and pursuant to the same terms and conditions.

2.25. Termination of Contract

Termination of Convenience

Termination of Contract** This Contract may be terminated by the City of New Haven ("City") as follows:

**1. Termination for Convenience:** * The City may, at any time, terminate this Contract, in whole or in part, for its convenience, by giving twenty one(21) written notice to the Contractor. * Upon receipt of such notice, the Contractor shall immediately discontinue all work affected (unless the notice directs otherwise) and shall deliver to the City all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Contractor in performing this Contract. * In the event of termination for convenience, the Contractor shall be entitled to receive payment for work satisfactorily performed up to the date of termination, as determined by the City, and for reasonable costs incurred in terminating the work. The Contractor shall not be entitled to recover anticipated profits or any other consequential damages. * The City's determination of the amount due to the Contractor shall be final and binding.

**2. Termination for Cause/Default:** * The City may terminate this Contract for cause or default if the

Contractor: * Fails to perform the work in accordance with the terms and conditions of this Contract. * Fails to make satisfactory progress so as to endanger performance of this Contract. * Fails to comply with any applicable federal, state, or local laws, ordinances, or regulations. * Becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors. * Engages in any conduct that is detrimental to the interests of the City, including but not limited to, fraud, misrepresentation, or unethical behavior. * Fails to maintain required insurance or bonds. * Fails to adhere to the city's equal opportunity and non-discrimination policies.

* Prior to termination for cause/default, the City shall provide the Contractor with five (5) business day written notice of the default and a reasonable opportunity to cure the default, unless the default is of such a nature that it cannot be cured. * In the event of termination for cause/default, the Contractor shall be liable to the

City for any and all costs incurred by the City in completing the work, including but not limited to, the cost of procuring substitute services. * Termination for cause/default shall not relieve the Contractor of any liability to the City for damages sustained by the City as a result of the Contractor's breach of this Contract.

**3. Termination for Lack of Funding:** * In the event that funding for this Contract is not approved or becomes unavailable, the City reserves the right to terminate this Contract without any liability to the

Contractor. Upon written notification, the Contractor shall cease all work related to this Contract. Payment will be provided for work acceptably completed up to the point of termination.

**4. Notification of Termination:** * Notice of termination shall be provided in writing to the Contractor by mail or email.

**5. Effect of Termination:** * Upon termination of this Contract, the Contractor shall immediately return to the City all property belonging to the City. * The termination of this Contract shall not affect any rights or obligations of the parties that accrued prior to the date of termination. * The rights and remedies provided in this termination clause are in addition to any other rights and remedies provided by law.

**6. Governing Law:** * This termination clause shall be governed by and construed in accordance with the laws of the State of Connecticut and the ordinances of the City of New Haven.

**7. Disputes:** * Any disputes related to termination of this contract will be handled according to the dispute resolution portion of this contract.

2.26. Change Order Management

Any additional work identified during the course of the project that is deemed necessary, but outside the original Scope of Services, must be recorded as a Change Order and approved by the City in writing before work is started.

2.27. Insurance Requirements

Proof of insurance is not required to be submitted with your response unless specifically requested, but will be required prior to the City's award of the contract. Refer to the Insurance requirements in the "Insurance

Requirements" section of this document.

The City requires all contractual work to be insured as identified in the following sections.

The term “Contractor” and/or “subcontractor” as used in this section, shall mean, and include Contractors and subcontractors of every tier.

Each Solicitation, Agreement and/or Award will include a specific Risk Template which will detail all the insurance requirements for the project.

Any policies maintained by the contractor and its owned and/or rented equipment and materials shall contain a provision requiring insurance companies to waive their rights of subrogation against the City of New Haven

(Owner) and all other Indemnities named in the contract.

City of New Haven requires all contractors and vendors whose work or services may bring them into direct contact with youth under the age of 21 years to carry a minimum of $1 million in Abuse and Molestation insurance coverage.

Direct contact refers to situations where vendors directly interact with, supervise, or provide services to youth under the age of 21.

Examples of vendors subject to this requirement include:

Therapists

Medical professionals

Before and after-school program providers

Vendors excluded from this requirement include:

On-call facility-related repair services and construction services (e.g., plumbers, electricians, general contractors, roofers) who do not have direct contact with youth.

This requirement applies to all vendors working on projects within:

City of New Haven facilities

New Haven Public Schools (NHPS) facilities

Subcontractors

All subcontractors must provide General Contractor with a valid COI naming the City of New Haven as

Additional Insured with coverage and limits as required by the GC.

Certificates of Insurance

The successful bidder shall provide certificates with a minimum AM Best’s rating of “A-“VIII of insurance, showing coverage by an insurance carrier authorized by the State of Connecticut to write insurance in the

State. The certificates shall show the City as an additional name insured. Said certificate should contain the following endorsements.

PLEASE NOTE THAT ALL CERTIFICATES OF INSURANCE MUST INCLUDE:

A. The City of New Haven shall be named as an additional insured with subrogation.

B. Endorsement shall include the work description, Contract/Project name and location.

C. Insurance agent contact information, name, email and phone number

D. An endorsement that the insurance company will give at least thirty (30) days written notice to the City prior to any modification or cancellation of any such insurance coverage.

POLICY REVIEW AND APPROVAL

At the discretion of the City, the Contractor may be asked to submit to the City copies of insurance policies for review and approval. The City may, in writing, notify the Contractor of any disapproval of any such policies, and satisfactory policies shall be provided in place of those disapproved.

The Respondent shall submit an insurance certificate in addition to a copy of each policy if requested. The

Contractor shall require its subcontractors to obtain policies of similar insurance before each commences work. All such insurance shall be carried with financially responsible insurance companies, licensed in the State and approved by the City and shall be kept in force until the Contractor’s work is accepted by the City, which expire before the Contractor’s work is accepted by the City shall be renewed and submitted to the City for its approval.

A. Insurance will be required for the entire term of the contract. The insurance agent contact information(name , email, phone number) must be on the COI. COI are to be emailed to your project contact(see award notice) and NHpurchasingCOI@newhavenct.gov.

B. Renewal Certificates of insurance should email to support@certificial.com

Contractor/Vendor shall agree to always maintain in force during the contract the following minimum coverage and shall name the City of New Haven as an Additional Insured (1) on a primary and non-contributory basis to all policies except Workers Compensation and Professional Liability. All policies, except

Professional Liability, should also include a Waiver of Subrogation.

2.27.1. General Liability - Rider 100

Minimum Limits

(dollar amount indicates required minimum)

Additional

Insured

(Y indicates required)

Waiver of

Subrogation

(Y indicatesrequired)

Each Occurrence $1,000,000 Y Y

Combined

Aggregate

$2,000,000 Y Y

Products/Completed

Operations

Aggregate

$2,000,000 Y Y

2.27.2. Auto Liability (includes all owned, hired & non-owned autos)

Minimum Limits

(dollar amount indicates required minimum)

Additional

Insured

(Y indicates required)

Waiver of

Subrogation

(Y indicatesrequired)

Combined Single

Limit Each accident including endorsements

$1,000,000 Y Y mailto:NHpurchasingCOI@newhavenct.gov mailto:support@certificail.com

2.27.3. Excess/Umbrella Liability

(dollar amount indicates required minimum)

Additional

Insured

(Y indicates required)

Waiver of

Subrogation

(Y indicatesrequired)

Each Occurrence --$1,000,000 Y Y

Combined Aggregate --$1,000,000 Y Y

2.27.4. Workers’ Compensation & Employers’ Liability (EL) - Statutory Limits

(dollar amount indicates required minimum)

Additional

Insured

(Y indicates required)

Waiver of

Subrogation

(Y indicatesrequired)

Workers'

Compensation

Statutory Limits

EL EACH $500,000 --- Y

EL DISEASE $500,000 --- Y

EL POLICY $500,000 --- Y

2.27.5. Additional Information

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

Original, completed Certificates of Insurance must be presented to the City of New Haven via Certificial prior to contract issuance. Contractor/Vendor agrees to provide replacement/renewal certificates at least 30 days prior to the expiration date of the policies. Should any of the polices be cancelled, limits reduced, or coverage altered, 30 days written notice must be given to the City.

2.27.6. Notes

• Additional Insured & Waiver of Subrogation boxes must be checked off on the COI.

• If contractor/vendor will be providing a service in proximity or serving youth under the age of 21, Abuse and Molestation coverage must be included.

• City of New Haven is the Certificate holder and the additional insured.

City of New Haven

200 Orange Street Rm 301

New Haven, CT 06510

2.28. City of New Haven Living Wage Ordinance

If this purchase includes a services, and the contract total is less $100,000 it is then subject to the City of New

Haven Living Wage Ordinance, City of New Haven Municipal Code Section 2-511. The ordinance requires that contractors providing labor or services to the City under yearly contracts in excess of $25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the City.

The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate.

Adjust for Health Benefits: If health benefits are not provided to the covered employee, the employer must add an additional one dollar ($1.00) per hour towards the provision of health care benefits, as stipulated in

Section 2-512(b).

Failure to comply with the provisions of the New Haven Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in New Haven Municipal Code Section 2-514. Questions concerning the New Haven Living Wage Ordinance should be directed to:

Finance Department

Purchasing Division

203-946-8201- phone purchasing@newhavenct.gov– email

2.29. Wages and Salaries

2.29.1. Auto section

A. Salary rates and the classification of employees shall be as specified in the Solicitation Documents.

B. The rate of pay set forth in the Solicitation Documents is the minimum that shall be paid during the life of the Contract. Bidders must inform themselves about local labor conditions (e.g. the length of work day and the work week, overtime compensation, health and welfare contributions, labor supply and prospective changes and adjustments of rates).

Wages. Salary rates and the classification of employees shall be as specified in the Solicitation Documents and Contract Documents. The rates of pay set forth in the Solicitation Documents are the minimum that shall be paid during the life of the Contract. Bidders must inform themselves about local labor conditions

(e.g. the length of workday and the work week, overtime compensation, health and welfare contributions, labor supply and prospective changes and adjustments of rates).

Livable Wage Rates for FY 25/26

• $21.38 with employee benefits

• $22.38 without employee benefits

Livable Wage Rates for FY 26/27 : effective 7-01-2026

• $21.95 with employee benefits

• $22.95without employee benefits

2.30. Unit Prices, Bid Quantities and Tax-Exempt Status

A. The Unit Prices for each of the Solicitation items include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price represents the total Bid. Special attention is called to this section because in the event it is necessary to revise the quantities, increase or decrease thereof may be made without limit and adjustment and compensation shall be made on the basis of the Unit Prices for such items.

B. Unit Prices should not include federal excise or state sales taxes. State Sales Tax is exempt under

Connecticut General State Statute Sec. 12-412. The City is also exempt from transportation taxes when goods are consigned to the City. Tax Exemption certificates will be furnished by the Supervisory

Auditor - Accounts Payable upon satisfactory proof of delivery to the City.

C. It is understood an agreed that the Unit Prices shall control the Contract award.

D. The quantities noted in this Solicitation are approximate (estimated only for use in comparing Bids);

and that the sums obtained by multiplying the Unit Prices by the estimated quantities, and also the

Total of these sums, are inserted for the purpose of checking this Solicitation and for the convenience of the Respondent. The Unit Prices paid are for the actual ordered quantities only.

E. Shipments should be consigned to the City in care of the Contractor.

F. Unbalanced high or low Bid Unit Prices will be reviewed and may be grounds for rejection.

G. Pricing and Supply of Good and Services submitted by vendor as a result of this solicitation must be maintain for at least twelve (12) months from the date of bid submission, unless an increase in length is noted in the specification section of this solicitation.

2.31. Calculation Sheet

A. The Fillable Calculation sheet is located on the City's e-Procurement Portal with the other applicable solicitation submission documents.

2.32. Alternate Bids

The City of New Haven requires strict compliance with the scope of work, specifications, and terms outlined in this solicitation document. While equivalent products (substitutions) are permitted as detailed in Section 2.1 the response itself must strictly comply with all documentation and submission requirements. No other alternate responses or unsolicited substitutions will be considered. Any non-conforming bid may be rejected as non-responsive.

2.33. Solicitation Process and Submission

A. Solicitation Process

1. Early Submittal of Digital Responses - Responses received prior to the advertised hour of closing are kept sealed on the City's e-Procurement Portal.

2. Solicitation Closing - At the time fixed for the submission deadline of responses, the City will open the Digital Response received by the submission deadline utilizing the City's e-Procurement Portal.

Pricing information will be available publicly and can be accessed at:

https://procurement.opengov.com/portal/newhavenct/projects/263421 in the "Results" tab.

Respondents and other interested parties can visit the City's e-Procurement Portal for the list of respondents and their respective pricing information. To receive notifications regarding the pricing results, interested parties must click on "Follow" on the Public Solicitation Portal.

3. Late Submittals – with the advent of complete digital bidding, no submission will be accepted after the closing date and time.

4. Withdrawal of Responses - Responses may be withdrawn by you prior to the submission deadline of responses by you retracting your digital response submission.

5. Response Rejections - The City reserves the right to reject any and all responses which do not meet the requirements of a lowest qualified responsible Respondent. Some reasons for rejection include, but are not limited to: altered or qualified Calculation Sheet, a non-Web based Calculation Sheet, non-conforming Bid Bonds, incomplete or erroneous paperwork. Unbalanced High or Low Unit

Pricing, and/or not habitually performing with the Bidder’s own forces.

https://procurement.opengov.com/portal/newhavenct/projects/263421

6. Solicitation Rejection Notification - Should the City reject a response for any reason, the Submitter shall be notified. In case of such rejection, the City will return the Bid Bonds to the Respondent(s).

No other part of a Respondent's Submission will be returned.

B. Solicitation Submission

1. Electronic/digital Submissions - Follow instruction on the portal for bid submission – all required forms are indicated as such.

2. Each solicitation response must be submitted in the prescribed format. All blank spaces must be filled in as noted. Responses must give the prices in numerical figures. No changes shall be made to the City’s documents for any reason.

3. The Respondent shall sign their Response in the blank space provided for this purpose. If the solicitation response is made by a partnership or corporation, the name and address of the partnership or corporation shall be indicated and the Response Submission must be acknowledged by a corporate officer as applicable. Any partner of corporate stockholder owning 25% or more of the business shall also be disclosed.

4. The City may consider any Submission not prepared and submitted in accordance with the provisions hereof, and may, at its option, waive any informalities.

5. No Respondent may withdraw a submission within one hundred twenty (120) days after the actual date of the opening thereof.

2.34. Bid Bonding

Bid Security and Bonding Requirements1. General Requirement

A bid security in the amount of five percent (5%) of the total bid must be submitted for any bid exceeding

$100,000. Failure to provide the required bid security at the time of the solicitation opening will result in the bid being rejected as non-responsive.

2. Acceptable Forms of Security

The City of New Haven accepts the following forms of bid security:

• Electronic Bid Bond: (Preferred) Submitted via a digital verification code.

• Certified Cashier’s Check: Payable to the "City of New Haven."

• Hardcopy Bid Bond: Executed by the Bidder and an acceptable surety.

CRITICAL NOTE: The City of New Haven does not accept AIA Bid Surety Forms. Use of an AIA form will result in the immediate rejection of your submission. Vendors must use the specific bid form provided in the submittal section of this solicitation package.

3. Electronic Bid Bonding (Preferred Method)

The Bureau of Purchases utilizes Surety 2000 and Tinubu Surety to validate bid bonds. This internet-based system streamlines the process, protects bid security, and eliminates common disqualification errors.

• Agent Responsibility: It is the bonding agent’s responsibility to access Surety 2000 or Tinubu Surety to request a bond for each specific project.

• Timeline: Agents should begin this process at least ten (10) business days prior to the project closing date.

• Digital Validation: Once the bond is processed, the agent will receive a digital validation code. The vendor must include this code within their electronic bid submittal on the City’s procurement portal.

4. Submission of Physical Security

If submitting a Hardcopy Bid Bond or Certified Cashier’s Check, the document must be physically delivered to the Bureau of Purchases before the scheduled solicitation opening. Late deliveries will not be accepted, and the associated bid will be disqualified.

5. Support and Contact Information

Surety 2000 and Tinubu are internet-based verification systems developed in cooperation with the surety industry. Contractors and Surety Agents may contact them directly for system support:

Surety 2000 toll-free at: 1-800-660-3263 or visit their website at www.surety2000.com for more information.

tinubu at…