REQUEST FOR PROPOSAL

Bid # 2026-35

RESURFACING OF EXISTING RUNNING TRACK

City of Shelton

54 Hill Street

Shelton, CT 06484

RELEASE DATE: July 23, 2026

DEADLINE FOR QUESTIONS: August 19, 2026

RESPONSE DEADLINE: August 28, 2026, 11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cityofshelton https://secure.procurenow.com/portal/%7bproject.government.code%7d

REQUEST FOR PROPOSAL

Resurfacing of Existing Running Track

I. Notice II. Introduction

III. Instruction to Bidders IV. Scope of Work V. Pricing Proposal

VI. Terms and Conditions VII. Vendor Questionnaire

Attachments:

A - CHRO Notification to Bidders - Contract Compliance Monitoring Report

B - CT DOL Contractors Wage Certification Form

C - DOL Payroll Certification

D - CHRO--Contract-Language--Municipal 08-08-2022

E - CHRO Good Faith Efforts Short Form ($150,000 -$999,999.99)

F - 2026-35 Prevailing Wage Rates

Request For Proposal #Bid # 2026-35 Title: Resurfacing of Existing Running Track

1. Notice

1.1. Invitation to Bid with CHRO requirements

Purchasing Department

54 Hill Street

Shelton, CT 06484

Invitation to Bid Bid # 2026-35

Sealed bids will be received via the City's OpenGov Procurement Portal up to 11:00 am on Friday, August 28, 2026.

To provide labor, materials, equipment and all else necessary for Resurfacing of Existing Running Track, based on the attached specifications.

Notes:

1. It is the sole responsibility of the bidder to see that the bid is received by the City of Shelton

Purchasing Department prior to the time and date noted above.

2. The bid opening will be in Room 200-B of Shelton City Hall at 11:00 am on Friday, August 28, 2026 and will comply with Covid-19 restrictions in place at the time.

3. The City of Shelton is an Affirmative Action / Equal Opportunity Employer.

4. If the project is to be completed with State funding the contractor who is selected to perform this project must comply with CONN. GEN. STAT. §§ 4a-60, 4a-60g, and 46a-68b through 46a-

68f.State law requires a minimum spending allocation goal of twenty-five (25%) percent of the state-funded portion of the contract for award to subcontractors holding current certification from the Connecticut Department of Administrative Services (“DAS”) under the provisions of

CONN. GEN. STAT. § 4a-60g. (25% of the total state-funded value with DAS-certified Small

Businesses and 6.25% of the total state-funded value with DAS-certified Minority-, Women-, and/or Disabled-owned Businesses.) The contractor must demonstrate good faith effort to meet the spending allocation goals.Additional information can be found on the CHRO website, www.portal.ct.gov/CHRO, and should be reviewed prior to bidding for information on required documentation.

Grace Zweig

Director of Finance

2. Introduction

2.1. Summary

The City of Shelton is soliciting competitive bids from qualified firms for Resurfacing of Existing Running

Track project at the Shelton High School. The City reserves the right to accept or reject any and all bids in part or in whole.

2.2. Timeline

Release Project Date July 23, 2026

Pre-Proposal Meeting (Non-Mandatory) August 13, 2026, 10:00am

Finn Stadium, at Shelton High School, 120 Meadow

Street, Shelton, CT 06484

Question Submission Deadline August 19, 2026, 5:00pm

Question Response Deadline August 21, 2026, 5:00pm

Proposal Submission Deadline August 28, 2026, 11:00am

Bid Opening August 28, 2026, 11:00am

3. Instruction to Bidders

Vendors needing assistance with scanning and uploading of documents may visit the Plumb Memorial

Library, 65 Wooster Street, Shelton. The library has staff on hand to assist you if you do not have access https://www.portal.ct.gov/CHRO to a computer or scanner. Please call 203-924-1580 for the Library's current hours. The City of Shelton encourages businesses of all sizes to participate in the bid process.

3.1. Submission of Bids

The City of Shelton, CT (“City”, "Owner" or "Municipality") invites bids on the project and services described herein to be submitted via the City’s Procurement Portal. Bids will be received until 11:00 am on Friday, August 28, 2026 and then publicly opened and read aloud. The City e-Procurement Portal

Clock is the official clock for the determination of all deadline dates and times. By way of the e-

Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes (11:00 am on Friday, August 28, 2026). Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The

City of Shelton strongly recommends completing your response well ahead of the deadline.

The Municipality reserves its right to consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids not prepared and submitted in accordance with the provisions hereof.

Any bid may be withdrawn prior to the above scheduled time for the opening of bids or the authorized postponement thereof. Any bid received after the time and date specified shall not be considered or accepted through the City's E-Procurement portal.

No bidder may withdraw his/her bid for a period of 90 days after the actual date of the opening thereof excluding Saturdays, Sundays and legal holidays.

The Municipality may accept or reject any or all bids or any portions thereof and take any action deemed to be in the best interest of the City.

3.2. Bid Documents

A. Complete sets of Bid Documents shall be used in preparing Bids; neither the City nor the

City's Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

B. The City and the City's Engineer in making copies of Bid Documents available do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

3.3. Examination of Bid Documents and Site

A. Before submitting a Bid, each Bidder must (1) examine the Bid Documents thoroughly, (2) visit the site to familiarize themselves with local conditions that may in any manner affect cost, progress or performance of the Work, (3) familiarize himself with Federal, State and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (4) study and carefully correlate Bidder’s observations with the requirements of the Bid Documents.

B. Before submitting his/her Bid each Bidder may, at his/her own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his/her

Bid performance of the Work in accordance with the time, price and other terms and conditions.

C. Submission of a Bid will constitute an incontrovertible representation by the Bidder that he/she has complied with every requirement of this Article and that the Bid Documents are sufficient in scope and detail to indicate and convey understanding at all terms and conditions for performance of the Work.

3.4. Bidders Representations

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

A. Examine and carefully study the Bidding Documents, including any Addenda, data, and referenced items identified in the Bidding Documents;

B. Attend any mandatory pre-bid meeting to conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. Become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, or performance of the Work;

D. Consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on 1) the cost, progress, and performance of the Work; 2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, and 3) Bidder’s safety precautions and programs;

E. Agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the

Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding

Documents;

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

G. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and finishing of the Work;

and

H. Agree that the submission of a Bid will constitute an incontrovertible representation by

Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the

Work required by the Bidding Documents.

3.5. Addenda and Interpretations

No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally, either in person or via phone.

All questions related to this bid shall be submitted in writing through the Question/Answer Tab via the

City's Procurement portal, on or before, Wednesday, August 19, 2026 by 5:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly.

Bidders must clearly understand that the only official answer or position of the City shall be the one stated in writing and posted in the City's procurement portal. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-

Procurement Portal.

When asking questions, please be sure to enter each question separately.

Any addenda shall be posted on the City's Procurement Portal. Addenda notifications will be emailed to all persons on record as following this bid. Failure of any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under their bid as submitted. All addenda so issued shall become part of the contract documents.

Each Bidder shall be responsible for determining that he/she has received all Addenda issued.

3.6. Non-Mandatory Pre-Bid Meeting

A non-mandatory pre-bid meeting will be held on Thursday, August 13, 2026 at 10:00 am, at Finn

Stadium, at Shelton High School, 120 Meadow Street, Shelton, CT 06484.

Attendance of this meeting is recommended but not required.

3.7. Withdrawal of Bids

Bids may be withdrawn through the City's Procurement Portal, the responding firm may “unsubmit” their proposal. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time up to the deadline for submitting proposals by written request prior to the bid opening. The Bid Guaranty of any Bidder withdrawing their Bid in accordance with the foregoing conditions will be returned promptly.

4. Scope of Work

Below please find information on the project. Additional information such as plans, drawings or supplemental information, if any, may also be found in the Attachments Section.

4.1. Important Bidding Information

The City has the option to secure funding via a State grant, which will require that this project be completed under the requirements of CHRO laws. Until such time as a determination is made the City requests bid submissions for both CHRO and for non-CHRO funding. If you are bidding as a CHRO project please be sure to include all relevant documents located in the Attachments Section of this specification and to complete Table 2 in the Pricing Proposal Section. It is also important to note that this is a prevailing wage project regardless of funding source. Additional information may be found in

Section 7.23, Terms and Conditions.

This project is to be completed between school years in the summer of 2027. Please bid accordingly as prevailing wage rates and CHRO requirements may change.

4.2. Scope of work

a. The synthetic surfacing contractor shall furnish all labor, materials, equipment, supervision, and services necessary for the proper completion of all Waterbased

Structural Spray Resurfacing and related work specified herein, including PRESSURE

WASHING / CLEANING - Utilizing MOSMATIC SURFACE CLEANERS thoroughly clean and remove all dirt, mildew and other contaminants from the entire running track oval and field event synthetic surfacing area.

b. All quantities and dimensions shall be field verified by the synthetic surfacing contractor.

c. Install a porous polyurethane synthetic track surface comprised of a water based, spray-applied coating of single-component polyurethane, and EPDM granules.

d. Layout and paint all track lines and event markings as required and specified by current

IAAF and NCAA rules. The Contractor shall provide all necessary computations and drawings as well as a certification attesting to the accuracy of the markings.

e. The contractor shall coordinate the work specified with an authorized and appointed representative of the City so as to perform the work during a period and in a manner acceptable to the owner.

f. Crack & open seam repair (where necessary) .

g. Base mat repair (where necessary)

h. Resurface wearing course - All cleaned and prepared surfaces shall receive THREE (3) spray applied, "STRUCTURAL WEARING COURSE LAYERS" consisting of 65% pigmented polyurethane structural spray binder and 35% colored, .5 - 1.5 mm EPDM rubber granulate. Each spray layer shall be uniformly applied at a minimum rate of 1.95 lbs. per square yard for a total of 5.85 lbs. for the THREE coat application. Color shall be Orange.

i. Clean up general work area.

j. Price MUST include the cost of bonds, contract specific insurance riders, taxes, surveys, in-ground equipment, asphalt and/or concrete work and full-depth repairs to the asphalt receiveg surface.

2.

4.3. General Information

The track is a standard High School track. It is 400 meters long and 8 lanes wide. There are also pole vault, long jump and high jump sections, separate from the track. The total working area is approximately 4,400 square yards.

4.4. Materials

A. EPDM Granules - The rubber granules for the structural spray wearing coats shall be

EPDM, synthetic rubber containing a minimum 20% EPDM resin, with a specific gravity of

1.5 ± 0.1 g/cm3. The EPDM rubber shall be the same color as chosen by the owner for the track surface.

B. Structural Spray Coating -The spray coating shall be a water based aliphatic single-component, pigmented polyurethane, specifically formulated for compatibility with EPDM granules. The coating shall be the color specified by the owner.

C. Line Mark Paint - Utilizing 100% polyurethane line marking paint, layout and machine spray all lane lines, numerals and event markings.

All polyurethane components must be manufactured in the United States in an ISO 9001:2015 Certified facility to ensure the highest quality materials.

4.5. Installation- Surface Preparation

a. Prior to the application of the resurfacing layer, the existing polyurethane surface shall be inspected for conformity to planarity requirements. The surface shall not deviate more than 1/8 inch in 10 feet from the specified grade when checked with a 10-foot straightedge. An impermeable polyurethane surface may also be flooded with water to determine if any puddling or low areas exist.

b. The owner should verify that the surface tolerances meet all specifications issued by the appropriate sanctioning or governing body such as IAAF, NCAA, NFSHSA, TAC, etc.

c. The area to be surfaced shall be clean and free of any loose or foreign particles

(dirt, oil, etc.) prior to the commencement of work. The surface is usually cleaned by use of a power blower and high-pressure washer.

d. The thickness of the Waterbased Structural Spray shall be 2-3mm.

4.6. Equipment

The water based structural spray resurfacing components shall be processed and installed by specially designed machinery and equipment. The wearing course shall be installed using automatic electronic portioning, which provides continuous mixing and feeding for an accurate, quality controlled installation.

4.7. Guarantee

A. The synthetic track surfacing system shall be fully guaranteed against faulty workmanship and material failure for a period of one (1) year from the date of acceptance.

B. The synthetic surfacing material found to be defective as a result of faulty workmanship and/or material failure shall be replaced or repaired at no charge, upon written notification within the guarantee period.

4.8. Qualifications

A. The Contractor must demonstrate experience installing outdoor track facilities in the last 2 years using the exact, poured-in-place, two-component elastomeric polyurethane synthetic track resurfacing, as specified herein with the contractor bidding this project.

B. On the Vendor Questionnaire, when listing references of completed facilities, those facilities must be certified to meet IAAF/NCAA rules & regulations, utilizing the same product as specified.

4.9. Submittals

The following submittals must be received with your bid.

A. Standard printed specification of the synthetic track surfacing system to be installed.

B. An affidavit attesting that the synthetic track surfacing materials to be installed meets the requirements defined by the manufacturer's currently published specifications and any modifications outlined in those technical specifications.

C. If requested, a synthetic track surfacing system sample, 12" x 12" in size, of the same synthetic track resurfacing product proposed.

5. Pricing Proposal

PROPOSAL WITHOUT CHRO

Pricing per Bid Specifications without CHRO considerations.

Line Item Description Unit of Measure Unit Cost No Bid

1 Resurfacing/repair of existing running track per Bid Specifications Lump Sum

PROPOSAL WITH CHRO

Pricing per Bid Specifications WITH State of Connecticut CHRO requirements.

Line Item Description Unit of Measure Unit Cost No Bid

1 Resurfacing/repair of existing running track per Bid Specifications Lump Sum

6. Terms and Conditions

6.1. Copies of Bidding Documents

A. Refer to Advertisement for Bids for information on examination and procurement of documents.

B. Complete sets of Bidding Documents shall be used in preparing Bids; neither the City nor

Engineer(s) assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

C. The City and Engineer(s) in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

6.2. Qualifications of Bidder

A. Bidders shall be experienced in the kind of Work to be performed, shall have the necessary equipment, and shall possess sufficient capital to properly execute the Work within the time allowed. Bids received from Bidders who have previously failed to complete Work within the time required, or who have previously performed similar Work in an unsatisfactory manner, may be rejected. A Bid may be rejected if Bidder cannot show that he has the necessary ability, plant and equipment to commence the Work at the time prescribed and thereafter to prosecute and complete the Work at the rate or within the time specified. A Bid may be rejected if Bidder is already obligated for the performance of other Work which would delay the commencement, prosecution or completion of the Work.

B. Bidders may be investigated by Owner to determine if they are qualified to perform the

Work. All Bidders shall be prepared to submit within five days of Owner’s or Engineer’s request, written evidence of such information and data necessary to make this determination. The investigation of a Bidder will seek to determine whether the organization is adequate in size, is authorized to do business in the jurisdiction where the project is located, has had previous experience and whether available equipment and financial resources are adequate to assure Owner that the Work will be completed in accordance with the terms of the Agreement. Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of such Bidder fails to satisfy Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.

C. Bidders shall possess all the necessary licenses and certifications to perform the Work. All required licenses and certifications must be current and kept current during the project.

6.3. Bid Deposit

A. In the Bidding Documents, the terms “Bid security”, “Bid deposit”, and “Bid bond” shall have the same meaning.

B. A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent (5%) of Bidder’s maximum Bid price (including any alternates) issued by a surety.

C. All Bid deposits of General Bidders, except those under consideration by Owner, will be returned within five days, excluding Saturdays, Sundays and legal holidays, after the opening of General Bids. Other Bid deposits will be returned upon the execution and delivery of the

Agreement. The Bid deposit of the Successful Bidder will be retained until such bidder has furnished the required contract security and executed the Agreement, whereupon the bid deposit shall be returned. If the Successful Bidder fails to furnish the required contract security within fifteen days after the Notice of Award and execute the Agreement within five days after receipt from Owner, Owner may annul the Notice of Award and the Bid deposit of that Bidder will be forfeited to Owner as liquidated damages for such failure.

6.4. Contract Time

Bidder represents that the Work shall be completed between June 21, 2027 and August 13, 2027 if weather conditions hold favorably.

6.5. Liquidated Damages

Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER may suffer financial loss if the Work is not completed within the times specified plus any extensions thereof allowed. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one thousand dollars ($1,000.00) for each calendar day that expires after the time specified above for Substantial Completion until the Work is substantially complete.

6.6. Substitute and “or equal” items

The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the effective date of the Contract.

6.7. Security for Faithful Performance

Simultaneously with its delivery of the executed contract, the Contractor shall furnish a one hundred percent (100%) surety bond or bonds as security of faithful performance of their contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified herein. The surety on such bond or bonds shall be a duly authorized licensed Connecticut surety satisfactory to the City, and listed in the Department of Treasury's Listing of Approved Sureties (Circular 570).

6.8. Suspension and Debarment

The City will not enter into contracts with parties that have been debarred, suspended or excluded from

Federal assistance programs per 2 CFR part 180 and part 1532 and 40 CFR part 31.35. Further, the bidder is required to verify that the bidder, or its principals, as defined at 49 CFR 19.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.40 and 29.945

The bidder is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the City if it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

6.9. CHRO Sub-Contracting

State law requires a minimum spending allocation goal of twenty-five (25%) percent of the state-funded portion of the contract for award to subcontractors holding current certification from the Connecticut

Department of Administrative Services (“DAS”) under the provisions of CONN. GEN. STAT. § 4a-60g.

(25% of the total state-funded value with DAS-certified Small Businesses and 6.25% of the total state-funded value with DAS-certified Minority-, Women-, and/or Disabled-owned Businesses.)

The Contractor shall provide the City with the names and addresses of all proposed subcontractors at least five (5) business days prior to their engagement.

Any agreement made in violation of this Section shall confer no rights on any subcontractor and shall be null and void.

6.10. Tax Bonds

All non-resident construction contractors are required to post a Guaranty Bond (Form AU-766) or Cash

Bond (Form-Au-72) in the amount required by the State of Connecticut. This bond will secure payment for applicable taxes payable to the State with regard to the project.

6.11. Basis of Bid

A. The award will be based on the lowest eligible Bid for Bid items selected by the Owner to be implemented for the project based on available funding.

B. Unit Price

1. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

2. The unit price is requested for select Bid items. Estimated quantities are provided to the bidder for purposes of establishing unit pricing. However, quantities are not guaranteed and subject to change based on actual project conditions and available funding. The unit prices will be used by Owner for Bid comparison purposes.

3. Discrepancies between words and figures will be resolved in favor of the words, if requested.

4. Unit prices for identical item numbers that are in more than one bid schedule shall be equal. Discrepancies will be resolved in favor of the lowest unit price.

5. The award will be based on the lowest eligible Bid for Bid items selected by the Owner to be implemented for the project based on available funding.

C. Allowances

1. For cash allowances the Contract Price shall include such amounts as the Bidder deems proper for Contractor’s overhead, costs, profit, and other expenses on account of cash allowances, if any.

6.12. Disqualification of Bidders

More than one Bid for the same Work from an individual, or a firm, partnership, corporation or an association under the same or different names will not be considered. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder is interested.

6.13. Evaluation of Bids and Award of Contract

A. Owner reserves the right to reject any and all Bids, to waive any and all informalities, and the right to disregard all nonconforming, nonresponsive or conditional Bids.

B. Owner reserves the right to reject any Bid not accompanied by specified documentation and Bid deposit.

C. Owner reserves the right to reject any Bid if it shows any omissions, alterations of form, additions not called for, conditions or qualifications, or irregularities of any kind.

D. Owner reserves the right to reject any Bid that, in their sole discretion, is considered to be unbalanced or unreasonable as to the amount bid for any lump sum or unit price item.

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

F. In evaluating whether a Bidder is responsible, Owner will consider the qualifications the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

G. Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

H. If the Owner awards the Contract for the Work, such award shall be to the responsible Bidder (who has neither been disqualified nor rejected) submitting the lowest responsive Bid.

I. Contents of the Bid of the Successful Bidder will become part of any contract awarded.

6.14. Conditions: Obligation of Bidder

Each bidder must inform themselves fully of the conditions relating to the construction of the project and the employment of labor thereto. Failure to do so will not relieve an awarded bidder of their obligation to furnish all material and labor required for executing the provisions of the Agreement.

Insofar as possible, the Contractor executing the work must employ such methods or means as will cause the least interruption of or interference with the work of any other Contractor.

At the time of the opening of the bids, each bidder will be presumed to have inspected the site and to have read and be thoroughly familiar with the plans and the contract documents (including all addenda).

The failure or omission of a bidder to examine any form, instrument or document shall in no way relieve the bidder from any obligation with respect to their bid.

6.15. Retainage

The City shall retain five percent (5%) of each payment until final completion and acceptance of all work covered by the contract.

6.16. Waiver or Rejection of Bids

The City of Shelton, Board of Alderman and Board of Education reserve the right to reject any and all bids in whole or in part, or to waive any defects, informalities of said proposals; or to accept any proposal or part thereof deemed to be in the best interest of the City of Shelton.

6.17. Bidder's Acknowledgements, Representations and Certification

A. The Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with

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

B. Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders, including without limitation, those dealing with the disposition of Bid deposit.

The Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

C. In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

1. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents and hereby acknowledges the receipt of all Addenda.

2. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with and has satisfied itself as to all federal, state and local Laws and

Regulations that may affect cost, progress and performance of the Work.

4. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

5. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required and in accordance with the other terms and conditions of the

Bidding Documents.

6. Bidder is aware of the general nature of work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Bidding Documents.

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

8 The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

9. The submission of this Bid constitutes an incontrovertible representation by Bidder that

Bidder has complied with every requirement of this specification, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

D. Bidder certifies that, under penalty of perjury:

1. Bidder is not presently debarred from doing public construction work in the State of

Connecticut under the provisions of Section 31-53a of the Connecticut General Statutes or any other applicable debarment provisions of any other chapter of the General Statutes or any rule or regulation promulgated thereunder; and is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

2. Bidder hereby certifies under the penalties of perjury, to the best of Bidder’s knowledge and belief, that Bidder has filed all State tax returns and paid all State taxes required by law.

3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

4. Bidder certifies that Bidder has not directly or indirectly induced or solicited any other

Bidder to submit a false or sham Bid.

5. Bidder certifies that Bidder has not solicited or induced any individual or entity to refrain from bidding.

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

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

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

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

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

6.18. Power of Attorney

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney in the form set forth under CT General Statute § 1-352.

6.19. Execution of Agreement

A. When OWNER gives a Notice of Award to the Successful Bidder, it may be accompanied by at least two unsigned copies of the Agreement and all other applicable Contract Documents. Within fifteen days of Notice to Award, CONTRACTOR shall execute and return all copies of the Agreement and all other applicable Contract Documents to the City. Within thirty days thereafter the City will deliver one fully signed copy to CONTRACTOR.

B. The Successful Bidder must furnish a one-hundred percent (100%) Construction Performance Bond and a one-hundred percent (100%) Construction Payment Bond with a surety company acceptable to the OWNER.

C. The successful bidder shall be required to furnish a Certificate of Insurance acceptable to the City, naming the City of Shelton and the State of Connecticut as additional insured. The “Hold Harmless” endorsement of the insurance shall include the interest of the City of Shelton and the State of

Connecticut. The Contractor and Subcontractors and other interests shall also be named. This policy shall insure against all risks of physical damage except as modified by the Contract Documents and subject to the normal all risk inclusions.

6.20. Laws and Regulations

The bidders' attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to the contract throughout, and they are considered included in the contract the same as though they were written out in full.

6.21. Access to Site

Representatives of the State and any local agencies having a direct interest in the Work shall have access to the Work wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection.

6.22. CHRO Requirements

*IMPORTANT*

If the City proceeds with funding the project using State funding the contractor who is selected to perform this State project must comply with CONN. GEN. STAT. §§ 4a-60, 4a-60g, and 46a-68b through 46a-68f.

State law requires a minimum spending allocation goal of twenty-five (25%) percent of the state-funded portion of the contract for award to subcontractors holding current certification from the Connecticut

Department of Administrative Services (“DAS”) under the provisions of CONN. GEN. STAT. § 4a-60g. (25% of the total state-funded value with DAS-certified Small Businesses and 6.25% of the total state-funded value with DAS-certified Minority-, Women-, and/or Disabled-owned Businesses.) The contractor must demonstrate good faith effort to meet the spending allocation goals. A Good Faith Effort Plan must be prepared and submitted to CHRO, copy to the City, prior to commencement of work. Please see Attachments

Section for both the short form ($150,000-$999,999.99 State funding) and long form (over $1,000,000 State funding).

Additionally, any contract prepared for this project is required to have CHRO non-discrimination language. A copy of this language can be found the Attachments for your review.

6.23. Prevailing Wage

A. Minimum Wage Rates as determined by the Connecticut State Labor Commissioner as required under [Section 22a-482-4(p)(3) of the CWF regulations [Section 31-53 of the

Connecticut General Statutes] as amended, apply to this project unless the total Bid is less than $1,000,000 for new construction or $100,000 for remodeling, refinishing, refurbishing, rehabilitation, alteration or repair projects. The current wage rate determination can be found in Section #5, Attachments.

It is important to note that this work will be ongoing after the July 1, 2027 rate increase and will be subject to increased labor costs per State Statute:

Sec. 31-55a. Annual adjustments to wage rates by contractors doing state work. Each contractor that is awarded a contract on or after October 1, 2002, for (1) the construction of a state highway or bridge that falls under the provisions of section 31-54, or (2) the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project that falls under the provisions of section 31-53 shall contact the Labor Commissioner on or before July first of each year, for the duration of such contract, to ascertain the prevailing rate of wages on an hourly basis and the amount of payment or contributions paid or payable on behalf of each mechanic, laborer or worker employed upon the work contracted to be done, and shall make any necessary adjustments to such prevailing rate of wages and such payment or contributions paid or payable on behalf of each such employee, effective each July first.

Please bid accordingly.

B. It is the responsibility of the Bidder before bid opening to request any additional information on Minimum Wage Rates for those tradespeople who may be employed for the proposed

Work under this Contract.

C. The requirements and provisions of all applicable laws and any amendments thereof or additions thereto as to the employment of labor, and to the schedule of minimum wage rates established in compliance with laws shall be a part of these Contract Documents.

Copies of the current wage schedules are included in Section 5. If it becomes necessary to employ any person in a trade or occupation not classified in the wage determinations, such person shall be paid at not less than such rates as shall be determined by the officials administrating the laws mentioned above. Such approved minimum rate shall be retroactive to the time of the initial employment of such person in such trade or occupation.

https://www.cga.ct.gov/2023/pub/chap_557.htm#sec_31-54 https://www.cga.ct.gov/2023/pub/chap_557.htm#sec_31-53

D. The schedules of wages referred to above are minimum rates only, and Owner will not consider any claims for additional compensation made by Contractor because of payment by

Contractor of any wage rate in excess of the applicable rate contained in these Contract

Documents. All disputes in regard to the payment of wages in excess of those specified in the schedules shall be resolved by Contractor.

E. The said schedules of wages shall continue to be the minimum rates to be paid during the life of this Agreement and a legible copy of said schedules shall be kept posted in a conspicuous place at the site of the work.

Additional information may be found on the State's website -https://portal.ct.gov/dol/knowledge-base/articles/wage-and-workplace-standards/prevailing-wage-bid-package?language=en_US

6.24. Non-Employment Relationship

The City and the successful bidder are independent parties. Nothing contained in the Contract shall create, or be construed or deemed as creating, the relationships of principal and agent, partnership, joint venture, employer and employee, and/or any relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the terms and conditions of the

Contract. The successful bidder understands and agrees that it is not entitled to employee benefits, including but not limited to workers compensation and employment insurance coverage, and disability.

The successful bidder shall be solely responsible for any applicable taxes.

6.25. Safety and Health Regulations

A. This Project is subject to all of the Safety and Health Regulations (CFR 29, Part 1926 and all subsequent amendments) as promulgated by the U.S. Department of Labor on June 24, 1974 and CFR 29, Part 1910, General Industry Safety and Health Regulations Identified as

Applicable to Construction.

B. The Successful Bidder shall comply with the Department of Labor Safety and Health

Regulations for Construction promulgated under the Occupational Safety and Health Act of

1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards

Act (PL-91-54).

C. The Successful Bidder shall have a competent person or persons, as required under the

Occupational Safety and Health Act on the Site to inspect the Work and to supervise the conformance of the Work with the regulations of the Act.

Connecticut Department of Labor Wage and Payroll Certification forms may be found in the

Attachment Section.

https://portal.ct.gov/dol/knowledge-base/articles/wage-and-workplace-standards/prevailing-wage-bid-package?language=en_US https://portal.ct.gov/dol/knowledge-base/articles/wage-and-workplace-standards/prevailing-wage-bid-package?language=en_US

6.26. Sales Tax

Owner is exempt from Connecticut State sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. The exemption number will be provided to the Successful Bidder.

6.27. Utility Underground Plant Damage Prevention System

All excavations within public or private ways are subject to the requirements of Connecticut

Statutes. Contractor is required to make “Call Before You Dig” notifications and arrangements, and to comply with the statutes and regulations cited.

6.28. Guarantee

The CONTRACTOR shall guarantee all materials and equipment furnished and WORK performed for a period of one year from the date of SUBSTANTIAL COMPLETION except where a longer guarantee period is required. The CONTRACTOR warrants and guarantees for a period of one year, or for the longer guarantee period, from the date of SUBSTANTIAL COMPLETION of the project that the completed system is free from all defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary. The City will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs, adjustments, or other WORK that may be made necessary by such defects, to the satisfaction of the City within ten days from the date of receipt of such notice, or having commenced fails to prosecute such

WORK with diligence, the City may do so and charge the CONTRACTOR the cost thereby incurred. The

Performance Bond shall remain in full force and effect through the guarantee period.

6.29. Acceptance of Charter Requirements

The submission of a bid proposal by a Contractor for the whole or any part of these specifications shall constitute an acceptance by such person or persons of the Conditions as set forth in the Charter and

Ordinances of the City of Shelton in relation to the bid proposals, and the award of the Contracts founded on said conditions shall be considered to constitute a part of the specifications which will be incorporated in and form a part of all contracts in these specifications.

6.30. Insurance Requirements

Contractors shall carry the following minimum insurance coverage’s and the provisions specified below must be met.

• Insurance carriers providing the required insurance coverage’s must have an A.M. Best’s financial rating of “A-VII” or better.

• The City of Shelton, its Engineers, officials, employees and volunteers, MUST be named as additional insured with reference to this project on a primary and non-contributory basis. The insurer shall waive all rights of subrogation against the City of Shelton, CT, its officers, employees and volunteers arising from work performed by the Contractor.

• The policy endorsement evidencing this coverage must be provided with the certificate of liability insurance. Any changes in insurance coverage will require (30) thirty days of notice to the City by certified mail with return receipt requested.

• The contract should have a hold harmless indemnification agreement provision which protects the City of Shelton to the greatest extent that Connecticut Law will allow.

• If Umbrella Liability is used to make up required limits, the policy shall not reduce or restrict coverage provided by the underlying Commercial General Liability or Automobile Liability insurance policies.

• Note that these limits are not all inclusive and are subject to change to reflect scope and cost of individual projects. These minimum required limits are not a limitation of contractor liability.

A. a. Commercial General Liability

(Form 1988 ISO Occurrence Form or equivalent) Limits of Liability shall be combined bodily injury & property damage.

General Liability Aggregate $1,000,000.*

Products & Completed Operations Aggregate $1,000,000.

Personal Injury $1,000,000.

Each Occurrence for Bodily Injury and Property Damage $2,000,000.

Fire Damage (Any One Fire) $ 50,000.

Medical Expense (Any One Person) $ 5,000.

Umbrella Excess $2,000,000.

Umbrella limits over General Liability limits may be used to make up the required limits. The additional insured coverage MUST be provided by the Umbrella to mirror the General Liability coverage.

B. Automobile Liability

Policies must include coverage for all vehicles utilized on the job including owned vehicles, hired vehicles and non-owned vehicles. Limits of insurance shall be combined single limit bodily injury and property damage $1,000,000.