Engineering1/Projects/Owen Bell/Skate Park/RFP 060826_Skate Park_HS_06_09_26

REQUEST FOR PROPOSAL

TOWN of KILLINGLY

ENGINEERING DEPARTMENT

FOR

SKATE PARK IMPROVEMENTS

at

OWEN BELL PARK

580 HARTFORD PIKE

KILLINGLY CT

Brian Palaia, Town Manager June 2026

Table of Contents

Section Page(s)

Background 3

Information to Bidders 3 - 4

List of Qualifications /Contract Time / Qualifications / Insurance 5

List of Projects 6-8

List of Equipment 9

List of Manpower 10

Request For Proposal 11

Photo / Locus Map 12

Regulatory Compliance 13

Schedule of Activities 13

Bid Sheet 14-16

Appendix A – Site Plan Available on Town Website

Appendix B – Specifications 18-19

Appendix C – Form of Contract 21-28

KILLINGLY ENGINEERING DEPARTMENT

REQUEST FOR PROPOSALS

FOR

SKATE PARK IMPROVEMENTS at OWEN BELL PARK

580 HARTFORD PIKE

KILLINGLY CT

Background:

The Town of Killingly is accepting proposals from experienced Companies licensed and insured in the State of Connecticut for improvements to the concrete skate park located in Owen Bell Park at 580 Hartford Pike, Killingly CT.

A site plan of the work area is attached as Appendix A.

Information to Bidders:

A site walk is scheduled for June 23, 2026 at 10 AM at 580 Hartford Pike, Killingly, CT 06239.

All people attending the site walk will meet in the main parking lot for 580 Hartford Pike.

Questions must be submitted in writing to the Office of the Director of Engineering located at 172 Main Street Killingly CT 06239 by 2:00 PM July 7, 2026. All responses will be issued by addenda and posted on the Town of Killingly website www.killingly.org/finance/pages/bids-and-rfps and the CTSource website https://portal.ct.gov/DAS/CTSource/ctsource it is the responsibility of the contractor to monitor these websites and be informed of any posted addenda.

Bids will be received by the Office of the Director of Engineering until 10:00 AM July 16, 2026, at which time they will be read aloud in the Town Meeting Room located on the second floor of the Killingly Town Hall 172 Main Street, Killingly CT 06239.

The site-work will begin as soon as practical in 2026. Unless a time extension is granted by the Town of Killingly sixty (60) calendar days beginning on the date of the notice to proceed are allotted to complete the project. Except for Town observed Holidays normal working hours shall be between 7:00 AM and 5:00 PM Monday through Friday. Reasonable requests for a time extension based on conditions beyond the contractor’s control will not be unreasonably denied.

The successful bidder must have at least 5 (Five) years of experience successfully completing projects of this type.

Fees will be waived on all permits required by the Town of Killingly.

All other permits are the responsibility of the chosen contractor.

All bidders are required to inform themselves fully of the conditions relating to the construction and labor under which the work will be or is now being performed. The contractor shall employ, as far as possible, such methods and means in the carrying out of this work and will not cause interruption or interference with any other contractor or site activity.

A surety company bid bond, for 5 % of the amount of the bid must accompany each bid; a certified check made out to the Town of Killingly will be accepted. The Town of Killingly reserves the right to reject or accept any and all bids in part or in whole, to waive informalities, to independently determine the qualifications of the bidder, to check references, and to determine the lowest responsible and qualified bidder based upon its own investigation. To the extent this Project is or exceeds the Project value where the bidder is required to be prequalified pursuant to Conn.

Gen. Stat. Section 4a-100, the bidder shall be prequalified as required by law.

A 100% labor and materials payment bond and performance bond is required and the cost of the same shall be included in the bid.

The successful bidder, if any, shall be required to comply with the provisions of section 4a- 60 of the Connecticut General Statutes.

The successful bidder, if any, shall be required to execute the form of contract attached hereto as Appendix C without alteration, modification, exception or condition.

Contract Time and Liquidated Damages:

Unless a time extension is granted, liquidated damages will be levied against the contractor in the amount of $100 per calendar day for every day in excess of the sixty (60) calendar days stated in the information to bidders. The start date in the Notice to Proceed will be the first calendar day of the project.

List of Qualification & Insurance:

The Statement of Qualifications should contain a list of similar projects and references for those similar projects in the last five years. Proposals should list anticipated timelines for the project, key personnel, manpower and equipment dedicated to the project and list any claims against the firm in the past five years, the parties involved and such claims and the outcomes.

The company shall list the Town of Killingly as additional insured and submit evidence of insurance requirements as listed below.

Commercial General Liability Each Occurrence $1,000,000 Damage to Property $500,000 Personal Injury & ADV $1,000,000 General Aggregate $2,000,000 Products, Comp/OP AGG $2,000,000

Automobile Liability Combined Single Limit $1,000,000

Umbrella Each Occurrence/Aggregate $5,000,000

Workers Compensation Statutory Employers’ Liability Each Accident $500,000 Disease Ea. Employee $500,000 Disease Policy Limit $1,000,000

Prof/Pollution Liability Each Claim/Aggregate $2,000,000

List of Projects

Project Name __________________________________________________________________

Year Performed __________________ Dollar Value ___________________________________

Type of Work Performed _________________________________________________________

List of Claims (if any) and the outcome

Contact Information____________________________________________________________________

Project Name __________________________________________________________________

Year Performed __________________ Dollar Value ___________________________________

Type of Work Performed _________________________________________________________

Contact Information

List of Projects Continued

Project Name __________________________________________________________________

Year Performed __________________ Dollar Value ___________________________________

Type of Work Performed _________________________________________________________

Type of Work Performed _________________________________________________________

Contact Information_____________________________________________________________

List of Projects Continued

Project Name __________________________________________________________________

Year Performed __________________ Dollar Value ___________________________________

Type of Work Performed _________________________________________________________

Type of Work Performed _________________________________________________________

Contact Information_____________________________________________________________

List of Equipment to be used on the Project

Year/Make

Model

Owned or Rented _______________________________________________________________

List of Manpower to be used on the Project

Employee Name

Years Employed

Position _______________________________________________________________

Request for Proposal:

The successful bidder will provide a proposal for completing the skate park improvements as shown on the attached plan.

The Town of Killingly reserves the right to award a contract, if at all, based upon the base bid and reserves the right to accept of reject any or all alternate bids in any combination as determined by the Town of Killingly, in its sole discretion, to be in the Town’s best interests.

It is the intent of the Town of Killingly to award all work to one contractor. If a subcontractor is to be used this needs to be clearly stated in the proposal and the experience, equipment and manpower forms need to be filled out and included with the proposal.

Bid prices shall include all costs necessary to complete the work including but not limited to erosion and sedimentation controls, manpower, equipment, surcharges, disposal, permits, transportation.

All work shall be complete and in place.

PHOTO / LOCUS MAP

Regulatory Compliance:

Standard Construction practices and site controls will be the responsibility of the successful bidder.

All permit fees required by the Town of Killingly for the scope of this project will be waived.

Schedule of Activities:

Prior to starting the work, the successful bidder must provide the Town of Killingly with a schedule of the work to be performed in accordance with the time stipulated in this RFP.

TOWN of KILLINGLY

BID SHEET

(Note: All prices, in words and figures, must be clearly written in ink or typed for the entire bid.)

Item No. Item Description Unit Quantity Unit Price Total Amount

1. Mobilization LS 1 ________ ________________________

Unit Price in Words _____________________________________________________________

Total Amount in Words __________________________________________________________

2. Site Subgrade Preparation

CY 40 ________ ________________________

3. Supply, Grade and Compact 6 inches of ¾” process

4. Supply, Shape, Compact ¾” process for new skate park features

5. Sawcut clean edge, drill, prepare and pin (minimum 6” embedment) and epoxy (Sika Anchor Fix 2) #4 rebar every 12 “on exiting concrete

LF 230 ________ ________________________

6. Supply, shape and set forms for 5 ½” of 4,000 psi fiberglass reinforced concrete and #3 rebar mat on a 1 ft x 1 ft grid for skate park level surface and new features

LS 1 ________ ________________________

7. Supply, place and finish 5 ½” of 4,000 psi fiberglass reinforced concrete for skate park level surface and new features.

LS 40 ________ ________________________

8. Apply Concrete Cure and Seal

SF 1,880 ________ ________________________

9. Apply joint caulking

LF 300 ________ ________________________

10. Clean up and Demobilization

LS 1 ________ ________________________

TOTAL BID AMOUNT FOR ALL ITEMS 1-10 INCLUSIVE, $

(in figures)

(in words)

It is understood that the unit price bids will control, in any contract which may be awarded arising from this Bid. The estimated quantities above are approximate and are used only for the comparison of bids. The amounts determined by multiplication of the above unit prices by the estimated quantities, and the totals thereof have been inserted only for the convenience of the Bidder and to facilitate consideration of this and other Bids.

Company Name ___________________________________________

Address ___________________________________________

Contact Person ___________________________________________

Phone ___________________________________________

Email ___________________________________________

Signature Date

Appendix A Site Plan

Available on the Town Website www.killingly.org/finance/pages/bids-and-rfps and the CTSource website https://portal.ct.gov/DAS/CTSource/ctsource

Appendix B

Specifications

1. Gravel products must meet the specifications in CT DOT Form 819 or current edition Section M.02.06 Crushed Gravel Grading C

2. Portland Cement Concrete must meet the specifications in CT DOT Form 819 or current edition for Class F (4,000 psi min) using a maximum coarse aggregate size and be based on the design criteria as listed below.

A. Concrete Skate Park Flatwork Mixtures”

1. Minimum 28-day compressive strength: 4,000 psi

2. Maximum W/C Ratio at Point of Placement: 0.45

3. Minimum Cement Content lb/cy: 611

4. Air Content: 6 % plus or minus 1.5 % at point of delivery for #6 Sieve (3/4”) aggregate size

5. Slump: 4 inches plus or minus 1 inch

6. Unit weight: 146.2 lb/CF

B. Concrete Skate Park Shotcrete Mixtures”

2. Maximum W/C Ratio at Point of Placement: 0.40

3. Minimum Cement Content lb/cy: 800

4. Air Content: 5.5 % at point of delivery for #8 Sieve (3/8”) aggregate size

5. Slump: 1 inch plus or minus 1 inch

6. Unit weight: 143.5 lb/CF

7. Additions: 1 lb/CY Polypropylene Monofilament Fiber

C. Concrete Skate Park Ramp Mixtures”

2. Maximum W/C Ratio at Point of Placement: 0.45

3. Minimum Cement Content lb/cy: 658

4. Air Content: 6 % plus or minus 1.5 % at point of delivery for #8 Sieve (3/8”) aggregate size

5. Slump: 4 inches plus or minus 1 inch

6. Unit weight: 145.1 lb/CF

7. Additions: 1 lb/CY Polypropylene Monofilament Fiber

3. Concrete Seal Coating –Apply a deep penetrating silica impregnation water based concrete sealer with zero VOCs to increase abrasion resistance and prevent surface degradation per the manufacturers recommendations such as Komsol skateseal or an approved equal.

4. Joint and Saw Cut Caulking – Apply a high performance, professional-grade polyurethane sealant per manufacturer’s recommendations such as Loctite PL Concrete Non-Sag Polyurethane Sealant or approved equal.

Appendix C Form of Contract

CONTRACT

This Contract (the “Contract”) is entered into the ___ day of _______________

2026 (“Effective Date”) by and between the Town of Killingly, CT, 172 Main Street, Killingly, CT 06239, a political subdivision of the State of Connecticut (the “Town”) and ___________________________________ (the “Contractor”).

WHEREAS, the Town advertised for bids (the “RFP”) for: Skate Park Improvements at Owens Bell Park (the “Project”), attached hereto as Exhibit A;

WHEREAS, the services to be performed by the Contractor for the Project are set forth in the RFP, and the other Contract Documents as set forth in Paragraph 9 (the “Work”). The Work includes the furnishing and installation of all Work set forth in the Contract Documents and

WHEREAS, the Town has selected Contractor and the Town and the Contractor desire to enter into a formal Contract for the performance of the Work for the Project;

THEREFORE, in consideration of the recitals set forth above and the mutual promises by the parties below, the parties agree as follows:

General. The Contractor agrees to perform the Work in accordance with the Contract Documents, as defined in Section 9 below. The Contract Documents represent the entire and integrated agreement between the Town and the Contractor and supersede all prior negotiations, representations or agreements, whether written or oral.

Duties. Contractor shall perform the Work described in the Contract Documents except for any work that is specifically prescribed in the Contract Documents to be the responsibility of another person. Contractor shall furnish all labor, equipment, materials, facilities, supplies, transport, temporary protection, and any other things necessary to carry out the Work in strict accordance with the terms of the Contract Documents. The Work of the Contractor shall be first class and be performed in a good and workmanlike manner in accordance with all applicable local, State, and Federal laws and regulations, applicable codes and applicable industry standards.

Permits and Standards. Contractor shall obtain all required permits and agreements from the Town, County, Federal, State or other governmental authority for performance of the Work. The Town’s permit fee shall be waived.

Compliance with Laws. Contractor shall comply with all Federal, State and local laws and regulations governing the Work whether or not such laws and regulations are fully and properly reflected in the Contract Documents.

Time. Time is of the essence of this Contract. The Work of this Contract shall commence upon receipt of a notice to proceed from the Town. The Work shall be substantially completed no later than 60 days after the notice to proceed. The Contractor acknowledges that the Town will incur additional administrative, operational, and public service costs if the Project is not completed within the time specified in the Contract. Accordingly, the Contractor agrees to pay the Town, as liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) per calendar day for each day beyond the contractual Substantial Completion Date that the Work remains incomplete. This amount shall be deducted from the final payment due to the Contractor. The assessment of liquidated damages does not preclude the Town from pursuing additional remedies as provided by law or Contract.

Contract Price/Payment. The Contract Price is:

________________________________ ($____________) (“Contract Price”). The Town will pay the Contractor for the Work as follows: within thirty (30) days after receipt of the Contractor’s invoice based upon the percentage of Work completed within the thirty (30) day billing period, provided the Work is completed to the reasonable satisfaction of the Town. If all or a portion of the Contract Price is based upon unit pricing, the Town shall pay the Contractor the in place quantity, as determined by the Town, multiplied by applicable unit price. In the event the Town disputes the Contractor’s invoice, the Town shall provide the reasons to the Contractor in writing within seven (7) days. In all events, the Town shall pay undisputed amounts within thirty

(30) days. The Town’s good faith dispute over payment shall not be cause for termination of the Contract by the Contractor or suspension of the Work. In this event the Contractor shall continue performance during the pendency of any dispute or claim and the Town shall continue to make payments which are not the subject of a good faith dispute. Retainage shall be 5% until final completion of the Work.

The Contract Price is based on the following Unit Prices:

Insurance and Bonds.

General Requirements

The Contractor shall be responsible for maintaining insurance coverage in force for the duration of the Contract of the kinds and amounts listed below, with an insurance company with an AM Best Rating of A-,VIII or better, licensed to write such insurance in the State of Connecticut and acceptable to the Town.

The Contractor’s insurer shall provide the Town with Certificates of Insurance, on a form acceptable to the Town, signed by an authorized representative of the insurance company prior to the commencement of performance of this Contract describing the coverage and providing that the insurer shall give the Town written notice of at least thirty (30) days in advance of any termination, expiration, or any and all changes in coverage.

Such insurance or renewals or replacements thereof shall remain in force during the Contractor’s responsibility under this Contract.

The Contractor’s, at Contractor’s own cost and expense, shall procure and maintain all insurances required and shall include the Town as an Additional Insureds on all such insurance, except Workers’ Compensation and Professional Liability coverage.

The Certificate of Insurance shall evidence all required insurances, including Additional Insured and Waivers of Subrogation. The Respondent shall also provide its policy endorsement indicating the Town as additional insureds on a primary and non-contributory basis.

Specific Requirements

1. Workers' Compensation Insurance. The awarded Respondent shall carry workers' compensation insurance in accordance with the requirements of the laws of the State of Connecticut, and employer's liability limits of Five Hundred Thousand Dollars ($500,000.00) coverage for each accident, Five Hundred Thousand Dollars ($500,000.00) coverage for each employee by disease, One Million ($1,000,000.00) policy limit coverage.

2. Commercial General Liability. With respect to all operations which awarded respondent performs, it shall carry Commercial General Liability insurance providing for a total limit of One Million Dollars ($1,000,000.00) coverage per occurrence for each site or project for all damages arising out of bodily injury, personal injury, property damage, products/completed operations, and contractual liability coverage for the indemnification obligations arising under this Agreement. Each annual aggregate limit shall not be less than Two Million Dollars ($2,000,000.00).

3. Automobile Liability. With respect to each owned, leased, non-owned, or hired vehicles, the awarded Respondent shall carry Automobile Liability insurance providing One Million Dollars ($1,000,000.00).

4. Excess Liability Coverage. With respect to the coverage provided by the awarded Respondent for this Project, excess liability insurance will be provided in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence and annual aggregate basis.

5. Pollution Liability. One Million Dollars ($ 1,000,000.00) coverage per occurrence and in the aggregate for all damages arising out of bodily injury, personal injury, and property damage.

6. Aggregate Limits. Any aggregate limits must be declared to and be approved by Town. It is agreed that the Contractor shall notify the Town whenever fifty percent (50%) of the aggregate limits are eroded during the required coverage period. If the aggregate limit is eroded for the full limit, the Contractor agrees to reinstate or purchase additional limits to meet the minimum limit requirements stated herein. Any premium for such shall be paid by the Contractor.

7. Deductibles and Self-Insured Retentions: Any deductible or self-insured retention must be declared to and approved by the Town. All deductibles or self-insured retentions are the sole responsibility of the Contractor to pay and/or to indemnify.

8. Errors and Omissions Insurance. If the Contract requires professional design services, the Contractor shall provide and maintain Errors and Omissions Insurance with minimum limits of $1,000,000 per claim/annual aggregate.

9. The Town and the shall be named as “Additional Insureds.” Coverage is to be provided on a primary, noncontributory basis. Waiver of subrogation in favor of the Town is required on all applicable policies, including workers’ compensation.

If any policy is written on a “Claims Made” basis, the policy must be continually renewed for a minimum of three (3) years from the completion date of the 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 three (3) years from the completion date.

10. Labor and Materials Payment Bond and Performance Bond. The Contractor shall provide a 100% Labor and Materials Payment Bond and 100% Performance Bond for the full value of the Contract Price at no additional cost to the Town. The bonds shall be issued by sureties authorized to issue such bonds in the State of Connecticut and reasonably acceptable to the Town.

Liability. To the fullest extent allowed by law, the Contractor agrees to indemnify, defend and hold harmless the Town and its officers, employees, agents and/or servants against all demands, claims, actions or causes of actions, losses, damages, liabilities, costs and expenses, including without limitation, interest, penalties, court costs and reasonable attorney’s fees, asserted against, resultant to, imposed upon or incurred by the Town resulting from or arising out of:

Any breach by the Contractor of the terms of the specifications, or

Any injuries (including death) sustained by or alleged to have been sustained by the officers, employees, agents and/or servants of the Town or the Contractor or subcontractors or material men, or

Any injuries (including death) sustained by or alleged to have been sustained by any member of the public or otherwise any or all persons, or

Any damage to property, real or personal, (including property of the Town and its officers, agents and servants) caused in whole or in part by the acts or omissions of the Contractor, any subcontractor or any material men or anyone directly or indirectly employed by them while engaged in the performance of any Work for the Town.

Contract Documents. The Contract Documents include, without limitation, the following:

(i) This Contract;

(ii) The Request for Bids (RFP), including any addenda, attached hereto as

Exhibit A

(iii) Modifications made to the Contract after execution.

In the event of any conflict amongst the Contract Documents, the more costly, the more time consuming, the higher standard, the more onerous duty and/or obligation shall prevail as determined by the Town.

Hold Harmless. The Contractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Town and its respective employees, officers, officials, agents, volunteers and independent contractors, including any of the foregoing sued as individuals (collectively, the “Town Indemnified Parties”), from and against all proceedings, suits, actions, claims, damages, injuries, awards, judgments, losses and expenses, including attorney’s fees, arising out of or relating, directly or indirectly, to the Contractor’s malfeasance, misconduct, negligence or failure to meet its obligations under the Contract. The Contractor’s obligations under this section shall not be limited in any way by any limitation on the amount or type of the Contractor’s insurance.

Nothing in this section shall obligate the Contractor to indemnify the Town Indemnified Parties against liability for damage arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Town Indemnified Parties. In any and all claims against the Town Indemnified Parties made or brought by any employee of the Contractor, or anyone directly or indirectly employed or contracted with by the Contractor, or anyone for whose acts or omissions the Contractor is or may be liable, the Contractor’s obligations under this section shall not be limited by any limitation on the amount and type of damages, compensation or benefits payable by the Contractor under workers’ compensation acts, disability benefit acts, or other employee benefits acts. The Contractor shall also be required to pay any and all attorney’s fees incurred by the Town Indemnified Parties in enforcing any of the Contractor’s obligations under this section, which obligations shall survive the termination or expiration of this Contract. As a municipal agency of the State of Connecticut, the Town will NOT defend, indemnify, or hold harmless the Contractor.

The insurance requirements set forth herein are not meant to be construed as a limitation of liability. The parties agree that the amounts of insurance under this Contract do not, in any way, limit the Contractor’s liability to the Town Indemnified Parties by virtue of this promise to indemnify and hold the Town Indemnified Parties harmless so that in the event of any settlement of a claim or a judgment in an amount in excess of the amount of insurance coverage carried by the Contractor, the Contractor shall be liable to the Town Indemnified Parties for the difference, plus all fees and expenses incurred in collecting same, all at the Contractor’s sole cost.

Termination. If the Contractor fails to perform this Contract in accordance with its terms, the Town shall have the right, in addition to all other remedies it may have, to declare the Contract in default and terminate the Contract upon providing the Contractor with three (3) days written notice in which time the Contractor failed to commence and diligently and continuously prosecute a cure of the default. If the Town terminates for cause the Town may take possession of all materials and equipment of the Contractor and complete the Work by whatever means the Town deems expedient. The Contractor shall not be entitled to any further payment until the Work is fully and finally completed.

If the unpaid balance of the Contract Price exceeds the value of the Town’s completion of the Work, the Contractor shall be paid the difference. If the value to complete the Work is in excess of the Contract Price, including any professional costs and attorneys’ fees, the Contractor shall pay the difference to the Town on demand plus interest at the maximum legal rate from the date of demand.

The Town may, at any time, terminate the Contract for the Town’s convenience and without cause. The Contractor shall be entitled to receive payment for Work executed and accepted by the Town, and reasonable and documented costs incurred by reason of such termination, along with reasonable overhead and profit on the Work executed. In no event shall the Contractor be entitled to anticipated overhead and profits on Work not performed or other damages of any kind or nature, including but not limited to consequential damages.

Change Orders, Price Modifications, and Other Amendments. The Town shall have the right to require the Contractor to make alterations of, additions to and deductions from the Work. All such changes to the Scope of Work shall be made by a written change order written by the Town. The Contractor shall compute the effect of the change order upon the Contract price, subject to review and acceptance by the Town. Any other changes or amendments to the terms of this Contract and the other Contract Documents may be made only by a written document referencing this Contract and executed by both parties.

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

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

15. Executive Orders/Laws.

a. All references in this Contract to any Federal, State, or local law, statute, public or special act, executive order, ordinance, regulation or code (collectively, "Enactments") shall mean Enactments that apply to the Contract at any time during its term, or that may be made applicable to the Contract during its term. This Contract shall always be read and interpreted in accordance with the latest applicable wording and requirements of the Enactments. Unless otherwise provided by Enactments, the Contractor is not relieved of its obligation to perform under this Contract if it chooses to contest the applicability of the Enactments or the Client Agency's authority to require compliance with the Enactments.

b. This Contract is subject to the provisions of Executive Order No. Three of Governor Thomas J. Meskill, promulgated June 16, 1971, concerning labor employment practices, Executive Order No. Seventeen of Governor Thomas J. Meskill, promulgated February 15, 1973, concerning the listing of employment openings and Executive Order No. Sixteen of Governor John G. Rowland promulgated August 4, 1999, concerning violence in the workplace, all of which are incorporated into and are, made a part of this Contract as if they had been fully set forth in it. Executive Order No. 14 of Governor M.

Jodi Rell, promulgated April 17, 2006, concerning procurement of cleaning products and services; and (2) Executive Order No. 61 of Governor Dannel P. Malloy promulgated December 13, 2017 concerning the Policy for the Management of State Information Technology Projects, as issued by the Office of Policy and Management, Policy ID IT- SDLC-17-04. If any of the Executive Orders referenced in this subsection is applicable, it is deemed to be incorporated into and made a part of this Contract as if fully set forth in it.

16. Non-Resident Contractor 5% Tax For Contracts. Conn. Gen. Stat. Sec.

12-430(7) requires non-resident contractors who perform services or furnish materials, or both, for the construction, alteration or improvement of any project in which the contract price is at least $250,000, to furnish the Department of Revenue Services (DRS) a Guarantee Bond for 5% of the total cost of the work, issued under a contract using Form AU-766, Guarantee Bond. This form is available on the State DRS website.

Form AU-766 must be submitted for each additional change order or supplement issued against the contract. Non-resident contractors must have completed and submitted to the DRS Form REG-1, Business Tax Registration Application, to register with the DRS and have been issued a Connecticut Tax Registration Number. This form is available on the DRS website. Non-resident contractors have 120 days from the commencement of the contract to file the Guarantee Bond with the State. Commencement of the contract, as defined by law, “means the time when the non-resident contractor signs the contract, but, in any event, occurs no later than when the work under the contract actually starts.”

As soon as the guarantee bond is filed with the DRS, the non-resident contractor shall submit the copy of such Guarantee Bond together with the non-resident contractor’s Connecticut Tax Registration Number to the Town department for whom the project is required. After the non-resident contractor receives its Certificate of Compliance from the DRS confirming that the Guarantee Bond requirement has been met, the non-resident contractor shall submit a copy of the same to the department, for whom the work is being performed, with a copy to the Owner’s purchasing department.

Warranty. The Contractor warrants to the Town that: (1) materials and equipment furnished under the Contract will be new and of good quality; (2) the Work will be free from defects; and (3) the Work will conform to the requirements of the Contract Documents. Any material or equipment warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence upon the final completion and acceptance of the Work by the Town.

The Contractor shall provide copies of all fully executed warranties and guarantees required by the Contract Documents and/or that are coincident with the materials and equipment installed at the Project prior to final payment by the Town.

All warranties shall commence as of the date of final completion and acceptance of the Work by the Town, and shall continue for a period of one (1) year or longer as required by the Contract Documents.

Work, materials or equipment which fails to perform under the proper use and normal wear for intended purposes for a period of one year after the date of Substantial Completion, except where warranties for longer durations are called for by the Contract Documents, shall be considered defective. The Contractor shall correct such defective Work at no cost to the Town upon demand.

Longer term or extended warranties required by the Contract Documents or coincident with the product, material or equipment provided shall be provided by the relevant vendor or manufacturer directly to the Town, and the Contractor shall obtain documentation of such warranties and transmit such documentation to the Town for review and approval.

Compliance with Immigration Laws. The Contractor, during the term of this Agreement will comply, with the Immigration Reform and Control Act (“IRCA”) and that each person it provides under the Agreement will at all times be authorized for employment in the United States of America. The Contractor confirms that it has a properly completed Employment Eligibility Verification, Form I-9, for each person who will be assigned under the Agreement and that it will require each subcontractor or consultant, if any, to confirm that it has a properly completed Form I-9 for each person who will be assigned under the Contract. The Contractor shall defend, indemnify, and hold harmless the Owner and its employees, officers, officials, agents, volunteers and independent contractors, including any of the foregoing sued as individuals (collectively, the “Town Indemnified Parties”), against any and all proceedings, suits, actions, claims, damages, injuries, awards, judgments, losses or expenses, including fines, penalties, punitive damages, attorney’s fees and costs, brought or assessed against, or incurred by, the Town Indemnified Parties related to or arising from the obligations under IRCA imposed upon the Contractor or its subcontractors/consultants. The Contractor shall also be required to pay any and all attorney’s fees and costs incurred by the Town Indemnified Parties in enforcing any of the Contractor’s obligations under this provision, whether or not a lawsuit or other proceeding is commenced, which obligations shall survive the termination or expiration of the Agreement.

Execution. This Contract may be executed in one or more counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same agreement, and shall become binding when one or more counterparts have been signed by each of the parties hereto and delivered (including delivery by facsimile) to each of the parties.

IN WITNESS WHEREOF, the Parties have executed this Contract as of the day and year first written above.

THE TOWN OF KILLINGLY, CT

_____________________________ By _________________________ Witness:

CONTRACTOR:

_____________________________ By _________________________

Witness