Bid # 1171 Project Manual

TOWN OF BLOOMFIELD, CONNECTICUT

PROJECT MANUAL

FOR

MAPLE AVENUE TRAFFIC CALMING

Town Bid # 1171

Issued: June 2026

Bid # 1171 Project Manual

Table of Contents

1. Invitation to Bid ................................................................................. Pages ITB-1 to 2

2. Bid Instructions and Information Document ....................................... Pages BI-1 to 14

3. General Conditions for Public Construction Contracts ..................... Pages GC-1 to 90

4. Supplemental Contract Provisions ..................................................... Pages SCP-1 to 6

5. Non-Town Agency Required Provisions and Forms:

A. State of CT Prevailing Wage Rates ....................................................... 10 Pages

B. Applicable Executive Orders ................................................................ 17 pages

6. Template Form of the Contract Agreement ......................................... Pages CA-1 to 8

7. Project Technical Specifications ......................................................... Pages TS-1 to 69

8. Bid Submittal Package:

A. Bidder Qualifications Statement ............................................... Pages BQ-1 to 4

B. Bid Form .................................................................................. Pages BF-1 to 11

C. Certificate of Compliance with CGS Section 31-57b ............................... 1 Page

D. Non Collusion Affidavit .......................................................................... 3 Pages

9. Improvement Plans (Under Separate Attachment) ............................. Dated June 2026

21 SOUTHWOOD DRIVE, BLOOMFIELD CT 06002 860.243.1487 BLOOMFIELDCT.GOV

PUBLIC WORKS

Page ITB-1 of 2

Invitation to Bid Maple Avenue Traffic Calming

Bloomfield, Connecticut Public Bid No. 1171

The Town of Bloomfield is pleased to invite qualified Contractors to bid on construction of the “Maple Avenue Traffic Calming” project. The project generally consists of the installation of four concrete median islands on Maple Avenue and a raised bituminous concrete intersection located on Maple Avenue at Sandpiper Drive. The project also includes approximately 720 feet of bituminous concrete sidewalks, driveway apron paving, drainage improvements along with other incidental work.

Sealed Bids for “Maple Avenue Traffic Calming” will be received by the Town of Bloomfield at the office of the Purchasing Manager, 2nd Floor, Town of Bloomfield Finance Department, 800 Bloomfield Avenue, Bloomfield, CT 06002 until 1:00 p.m. on July 8, 2026. At this time, Bids will be opened and publicly read aloud. Emailed bids, faxed bids, or bids received after the stated time will not be considered.

The Project Manual, Project Plans, and addenda, if issued, are available on the Town’s website, https://www.bloomfieldct.gov/Bids.aspx as well as from the State of Connecticut Department of Administrative Services website, https://portal.ct.gov/das/ctsource/ctsource?language=en_US

The Town reserves the right to reject any or all Bids, or to accept any Bid, should the Town deem it to be in the best interest of the Town.

Bid Security in the amount of 5 percent (5%) of the Bid must accompany each bid, in accordance with the Bid Instructions and Information. The successful bidder will be required to furnish Performance and Labor and Materials Payment bonds, each in amount equal to 100 percent (100%) of the contract price.

No Bidder may withdraw his Bid within 60 days after the actual date of the opening thereof.

Pursuant to CGS §31-53, the successful bidder will be responsible for paying prevailing wages, as determined by the Connecticut Department of Labor, and included in the Bid Documents, in association with this project.

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.

https://www.bloomfieldct.gov/Bids.aspx https://portal.ct.gov/das/ctsource/ctsource?language=en_US

Invitation to Bid Maple Avenue Traffic Calming

Page ITB-2 of 2

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.

The Town of Bloomfield is an Affirmative Action/Equal Opportunity Employer. MBE’s, WBE’s and SBE’s are encouraged to apply.

Any questions should be addressed, in writing, to Joseph A. Muraca, Jr., Purchasing Manager, (email) jmuraca@bloomfieldct.org. Questions will not be entertained past 3:00 p.m., June 29, 2026, and responses will be posted via addendum by 3:00 p.m. July 1, 2026.

mailto:jmuraca@bloomfieldct.org

Bid Instructions, Bid No. 1171

Page BI-1 of 14

BID INSTRUCTIONS AND INFORMATION

MAPLE AVENUE TRAFFIC CALMING

Town Bid # 1171

Bloomfield, Connecticut

ARTICLE 1 - GENERAL

1.01 Owner: The Owner of the subject Project is the Town of Bloomfield, (a.k.a. the “Town”), acting through the Town Manager, as CEO and Purchasing Agent, and any officials or agents of the Town as may be duly authorized or designated by the Town Manager, the Contract for the subject Project, the Charter of the Town, or any applicable Ordinance or Regulation of the Town, and to the extent of their applicable authority.

1.02 Right to Accept or Reject: The Town of Bloomfield reserves the right to accept or reject any or all bids, in whole or in part, and to invite proposals, as best serves the interests of the Town, to waive any irregularities and/or errors in the bids; and the Town reserves the right to, where anticipated funding is not available at anticipated levels or as otherwise may be in the public interest, indefinitely delay, rebid, or cancel the Project.

1.03 Subject Project: These “Bid Instructions and Information” and all associated Bid Documents are for the Town Project entitled “Maple Avenue Traffic Calming”, (a.k.a. the “Project”.) A brief description and location of the Project can be found in the Invitation for Bids; the Project is described, located and specified in more detail in the remainder of the Bid Documents.

1.04 Issuing Office: The Bid Documents for the subject Project are issued by the Office of the Purchasing Manager, (a.k.a. the “Issuing Office”), Town of Bloomfield Finance Department, 800 Bloomfield Avenue, Bloomfield, CT 06002, which office shall also administer the bid process, on behalf of the Purchasing Agent and the Town agency responsible for the project. The primary contact is Joseph A. Muraca, Jr., Purchasing Manager, (email) jmuraca@bloomfieldct.org.

1.05 Administering Office: Except for the bid process, the subject Project shall be administered by the Bloomfield Department of Engineering, acting through the Town Engineer, (a.k.a. the “Administrative Officer”), or his authorized designee. The primary contact is Robert Trottier, Town Engineer, (phone) 860-769-3587, (email) rtrottier@bloomfieldct.gov.

1.06 Bid Due Date and Time: In order to be considered, qualifying sealed bids must be submitted to, and received by the Issuing Office, at the address stated above, no later than 1:00 p.m. on July 8, 2026.

Emailed, faxed or bids received after the stated time will not be considered.

1.07 Contract Time of Completion: The Contractor shall have 120 days subsequent to the date of commencement of Contract Times as set forth in the Notice to Proceed to bring the Contract Work to Substantial Completion.

1.08 Prevailing Wages: Pursuant to CGS §31-53, The successful bidder will be responsible for paying prevailing wages, as determined by the Connecticut Department of Labor, and included in the Bid Documents, in association with this project. See the Supplemental Contract Provisions for additional information.

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1.09 CHRO Requirements: 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.

1.10 Project Funding: This project is 100% State of Connecticut funded through the Municipal Grants-in-Aid Program.

1.11 Liquidated Damages: Time is of the essence for the Project and the Owner will suffer financial and other losses if the Project Work is not completed within the times specified in Paragraph 1.07 above, plus any extensions thereof allowed in accordance with the Contract. The Parties acknowledge that there will be delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the Owner if the Contract Work is not completed on time. Accordingly, instead of requiring any such proof, the Owner has stipulated that as liquidated damages for delay (but not as a penalty) the Contractor shall pay Owner liquidated damages in the amount of $500 for each calendar day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 1.07 above for Substantial Completion until the Work is substantially complete. Owner may (but is not required to) deduct accrued liquidated damages from amounts otherwise due or to become due under the Contract, and/or may invoice Contractor for accrued liquidated damages.

1.12 Terms Used: The terms used within the Bid Documents shall be interpreted as set forth in Section 1 of the General Conditions.

ARTICLE 2 - BID DOCUMENTS

2.01 The complete set of the Bid Documents are enumerated in the list below, provided that any Addenda issued by the Town prior to the Bid Opening shall become part of the Bid Documents upon issuance. Said list provides the name of the subject document, or grouping of documents, and, in parentheses following the name, the location within the Bid Document set where the subject document may be found. It can be presumed that the title (as listed below) of any particular document that was created by or on behalf of the Town specifically for the subject project will be prefaced with or followed by the words “Maple Avenue Traffic Calming” on the actual document.

1. Invitation to Bid

2. Bid Instructions and Information

3. General Conditions for Public Construction Contracts

4. Supplemental Contract Provisions

5. State Required Contract Provisions

6. Project Technical Specifications

7. Template Form of the Contract Agreement

8. Bid Submittal Package

Page BI-3 of 14

a) Bidder Qualifications Statement

b) Bid Form

c) Certificate of Compliance with CGS Section 31-57b

d) CHRO Contract Compliance Notification to Bidders

e) Non Collusion Affidavit

9. Improvement Plans for Bid (separate attachment)

2.02 The Bid Documents are only issued in electronic format and can be found on the Town of Bloomfield website, https://www.bloomfieldct.gov/Bids.aspx as well as the CT Department of Administrative Services website, https://portal.ct.gov/das/ctsource/ctsource?language=en_US, (Search on “Bloomfield”.) Prospective Bidders are strongly encouraged to register with the State of Connecticut Department of Administrative Services in order to assist in their assurance of receiving Addenda concerning the Project in a timely manner during the bidding process. All addenda will be posted on the Town and State DAS websites; no addenda will be mailed.

The Town is not responsible for insuring that Prospective Bidders receive any Addenda issued.

2.03 The Town may make all or any portion of the Bid Documents available on-line at any other location or via any other means as may be deemed advantageous by the Town.

2.04 Each Bidder submitting a Bid Proposal is solely responsible for preparing such proposal based on, and in accordance with, the complete set of Bid Documents, on its understanding of the Project Site and on its own appropriate knowledge, experience and expertise in performing similar work and producing similar product as of that contemplated by the Bid Documents, and as may be necessary for successful completion of the same.

2.05 The Town, in issuing and making the Bid Documents available on the above terms, does so only for the purpose of obtaining Bids for the Project Work and does not confer or grant license of any manner for any other use.

ARTICLE 3 - EQUAL EMPLOYMENT OPPORTUNITY

3.01 Prospective Bidders are hereby notified that the Town is committed to the principles of equal employment opportunity for minority group persons and women in all contracts, including the bidding process, for the purchase of labor and materials, supplies or services, including bank depository and professional services.

3.02 In keeping with the above stated policy, the Bidders attention is directed to the appropriate provisions of the Supplemental Contract Provisions for further information regarding the obligations, responsibilities, and requirements of the Contractor with respect to equal employment opportunity with respect to this Project.

ARTICLE 4 - PREPARATION OF THE BID PROPOSAL

4.01 The Bid Proposal, (a.k.a. the “Bid”) shall be completed in full, including all required accompanying information, on the forms provided in the Bid Proposal Submittal Document and including any additional sheets as may be requested or appropriate. All written information shall be in typewritten form or printed in ink. All blanks shall be completed, all questions shall be answered, and all requested information shall be https://www.bloomfieldct.gov/Bids.aspx https://portal.ct.gov/das/ctsource/ctsource?language=en_US

Page BI-4 of 14 provided. Alterations or corrections on the final submitted Bid shall be crossed out with a single horizontal or diagonal line, in ink, and initialed, in ink, by the signer of the Bid. The Bid shall be signed in ink.

4.02 Bidder Qualifications: To demonstrate qualifications to perform the Work, a fully completed Bidder Qualification Statement, on the provided form, must be submitted with the Bid Proposal. The Owner reserves the right to require such additional information from the Bidder and to make such relevant investigations as it deems necessary. Each Bid must contain evidence of the submitting Bidder’s qualification to do business in Connecticut. In order to be considered qualified for the subject Project, Bidders must evidence having successfully completed projects similar in size and scope to this Project. Information concerning the relevant qualifications and experience of all proposed subcontractors shall also be submitted in the Bid. All determinations as to the adequacy of a Bidder’s qualifications shall be decided by the Purchasing Agent, utilizing whatever resources as may be deemed fit thereby.

4.03 The Bid shall contain an acknowledgment of receipt of all issued Addenda; the numbers of which shall be filled in as appropriate in the Bid Submittal Package. It is the sole responsibility of each bidder to determine if they are in receipt of all issued addenda. The most assured way to accomplish this is to contact the Issuing Office or the Administering Office within one week of the Bid Due Date.

4.04 Unit Bid: Where the Project bid is presented as an Itemized Unit Bid (a.k.a. “Unit Bid”,) a Unit Bid Price shall be provided, in standard US numerals, in the appropriate space for each Bid Item on the Bid Form.

If hand written in ink, take care that the numerals are clear, legible, and distinct. Total Unit Prices and a Total Bid Price shall also be appropriately calculated and provided on the Bid Form. In the event of discrepancies in the bid price values provided, any discrepancy shall be resolved by applying the following precedence, highest to lowest: 1) Unit Bid Price, 2) calculated Total Unit Price, and 3) calculated Total Bid Price – as appropriate.

4.05 Lump Sum Bid: Where the Project bid is presented for Bid in one or more aggregate groupings of work elements that comprise a finished product as a significant part, or the whole, of the Project (a.k.a. “Lump Sum Bid”,) then such finished product(s) shall be priced for bid on a lump sum basis for providing all of the work, (i.e. materials, labor, equipment, incidentals, etc.) necessary to successfully complete the subject finished product. Lump sum bid prices shall be supplied written separately in words and in numerals. As applicable, a Total Bid Price shall be calculated and appropriately provided in numerals. The order of precedence for resolving discrepancies for lump sum bids shall be: 1) the lump sum bid price written in words, 2) the lump sum bid price written in numerals, and 3) the calculated Total Bid Price.

4.06 Every Unit Bid Price or Lump Sum Bid Price, as the case may be, supplied in the Bid shall include all plant, labor, material, supplies, equipment, overhead, and other facilities necessary for, and incidental to, the construction/fulfillment of the subject item/facility/task complete, fully functional, and properly finished in strict conformance with and as may be required by the Drawings, Specifications, and all other applicable provisions of the Bid Documents, and for the use (or uses) and appearance intended by the Town.

4.07 Signature of Bidder: At the top of the signature page, the Bidder shall identify the legal business name under which the subject bid is being submitted and the type of business structure, (as is on file with the Secretary of State,) and the state of registration and primary business address. The signature shall be executed by a person duly authorized to do so on behalf of the submitting entity. If the submitting entity is other than a sole proprietorship or the bid is not being signed by all partners/members of the submitting entity, then written evidence of such authorization shall be provided with the bid. The signature shall be written in the appropriate signature block for the type of entity, (e.g. corporation, partnership, individual, etc.), that the signer represents.

If more than one person is signing the Bid, then a copy of the signature page, appropriately signed, shall be submitted for each signer. In the event that the signer is more than one organizational level below the submitting entity, then the signer shall execute the Bid in the appropriate block for the direct entity represented thereby, and an additional sheet shall be included with the bid that describes the organizational structure that

Page BI-5 of 14 links the signor to the Bidder. The name and title of each signor shall be typewritten or printed under the associated signature. If the Bidding entity is a corporation, the corporate seal shall be affixed to the bid, and properly attested, in the vicinity of the executing signature.

4.08 The itemization of the Bid and the selection of the Bid Items are at the Town’s discretion and for the Town’s convenience in evaluating and comparing the submitted bids and administering the Contract.

4.09 Any quantities stated within the Bid Documents are approximate, estimated solely for use in establishing the scope of the project and comparing bids. Unit Bid Prices submitted by the successful Bidder are to be paid for the actual quantities of the items of work successfully completed in accordance with the Contract Documents. Should the dimensions of any part of the work or the quantities of materials used or work performed be different than those estimated in the Bid Form, or presented elsewhere in the Bid Documents, only the actual quantities completed shall be measured for payment.

4.10 A Bidder, or party to a Bidding entity, may only be associated with one submitted Bid, regardless of the name under which that association occurs. Reasonable ground for belief that a party is a principal in more than one bid shall cause the rejection of all Bids in which such party is interested. In the event there is reasonable ground for belief that collusion between bidders exists, the Bids for all associated bidders shall be rejected and all parties to such collusion will not be considered in future proposals for the same work; and the same may be subject to other penalties from the Town as are allowed.

ARTICLE 5 - BID INTEGRITY

5.01 A prospective Bidder, subcontractor, supplier, or any other such entity who may have interest in any Bid, shall not directly or indirectly solicit, induce, or attempt to solicit or induce 1) any individual or entity to alter a price, or any other matter, associated with a Bid in such a manner as to make a Bid less competitive, 2) any entity to submit a false or sham Bid, or to contribute to a Bid in such a manner as to render the Bid, in whole or in part, false or a sham, 3) any entity to refrain from preparing or submitting a Bid, or from participating in, or considering to participate in, a Bid, or a subsequent Contract, as a subcontractor, supplier, or other such role, or 2) any other form or manner of collusion, to any degree, so as to, or attempt to, obtain an improper advantage over any other entity, including the Town, with respect to the Bid, or to in any way reduce the competitiveness of the subject Public Bid process.

5.02 A prospective Bidder, subcontractor, supplier, or any other such entity who may have interest in any Bid, shall promptly report to the Town any attempt by any other party to involve it in collusion of any sort or to any degree with respect to this Public Bid.

5.03 A prospective Bidder will specifically notice the requirements of this Article 5 to any and all prospective subcontractors, suppliers, and any other such entity that it is likely to, or does, use, engage, or take input from for the preparation of its Bid, or in the execution of any Contract Work as may result therefrom;

and shall, at an appropriate time, inquire of, and demand a response from, the same regarding compliance with these requirements prior to, as applicable, submitting its Bid or committing to engage any such party in Project Work; and shall not utilize any of the same that are in noncompliance with this Article.

ARTICLE 6 - BID SUBMITTAL

6.01 In order to be considered, qualifying sealed bids must be submitted to, and received by the Issuing Office, at the address stated above, no later than the date and time set forth in Paragraph 1.06 above. The Bid

Page BI-6 of 14 shall be enclosed in an opaque sealed envelope plainly marked with the Project title, Bid Number, the name and address of Bidder, and the date and time of the Bid opening, and shall consist of the completed unbound copy of the Bid Form, the Bid security and the Bidder Qualification Statement with supporting data. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID #1171 ENCLOSED.” A mailed Bid shall be addressed to the Issuing Office. Faxed or emailed bids will not be accepted. Bids received after the stated date and time will not be considered.

ARTICLE 7 - MODIFICATION OR WITHDRAWAL OF BID

7.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner required for a Bid and delivered to the place where Bids are to be submitted prior to the Bid Due Date and Time set forth in Paragraph 1.06 above.

7.02 If within 24 hours after Bids are opened, any Bidder files a duly signed written notice with Town and promptly thereafter demonstrates to the reasonable satisfaction of the Purchasing Agent that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work

ARTICLE 8 - OPENING OF BIDS

8.01 Bids will be opened at the time and place indicated in the Invitation to Bid and read aloud publicly.

8.02 Bidders are hereby notified that only computed totals are likely to be so read aloud at the Bid Opening, and that such reading aloud of any amounts included in any submitted Bid does not in any way alter or supersede any means of evaluating the Bids stated elsewhere in these Bid Documents.

8.03 A bid tabulation will be prepared summarizing the submitted Bids, and will be posted on the Town’s website after the opening of Bids.

8.04 The Town reserves the right to postpone or cancel the Bid Opening via Addendum as may be in its interest and at any time prior to the Bid Opening. In the case of postponement, the Bid Opening may be rescheduled in the same Addendum, or the postponement may be indefinite, again as may be in the interest of the Town.

8.05 Opened Bids shall remain subject to acceptance for a period not to exceed 60 calendar days, unless such period is extended with respect to its Bid in writing by any particular Bidder at the request of the Town.

ARTICLE 9 - REJECTION OF BID AND WAIVER OF IRREGULARITIES

9.01 The Town may determine a Bid to be nonresponsive or a Bidder to be nonresponsible, as the case may be, and reject such Bid if, in the opinion of the Purchasing Agent:

1. The submitted Bid does not strictly conform to law or the requirements of the Bid Documents.

2. The Bidder fails to adequately provide any information requested in the Bid Documents or otherwise by the Town as part of the Bid process, or has made significant misrepresentations of fact therein.

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3. The Bidder is determined through appropriate means to be incompetent, not responsible, or otherwise unqualified for or incapable of performing the work as specified or otherwise meeting the obligations set forth by the Bid Documents.

4. The Bidder does not have a satisfactory record of compliance with federal, state, or local laws and regulations, including those pertaining to the environment, discrimination, labor, employment, safety, health, or the prompt payment of subcontractors and suppliers.

5. The Bidder does not have a satisfactory record of performance or cooperation on one or more of its previous projects with any owner and the Bidder fails to explain such record, or changes made to address such record, adequately so as to offer a satisfactory level of comfort to the Purchasing Agent regarding its ability to satisfactorily meet the contractual obligations of the Project.

6. The submitted Bid is conditional or qualified; or it is determined by the Purchasing Agent to be unbalanced to a degree as to be extreme, undeniable, or detrimental to the Town’s interests.

7. A party to the Bid is reasonably believed by the Purchasing Agent to be involved in collusion with respect to this Project or to be a principal in more than one Bid.

8. Any other applicable criteria or reason as may be set forth in the Bid Documents or by law is met in the determination of the Purchasing Agent.

9.02 The Town reserves the right to waive any irregularities in any Bid or as otherwise associated with the bidding process that, in the opinion of the Purchasing Agent, are not detrimental to the Town’s obligation to serve the public and as may be in the Town’s interest.

9.03 The exception to the preceding paragraph is an irregularity involving price that 1) cannot be objectively resolved to a high degree of certainty, as determined by the Purchasing Agent, by applying the provisions regarding rounding or precedence set forth in Paragraphs 4.04 above or 2) will likely affect the bid result order with respect to the three apparent lowest bidders. If either case is true, regardless of the status of the other case, then no waiver is possible, and the subject Bid shall be rejected as nonresponsive.

ARTICLE 10 - PRE-BID CONFERENCE

10.01 No Pre-bid Conference will be held for this project.

ARTICLE 11 - ADDENDA AND INTERPRETATIONS

11.01 Bid Addenda may be issued to clarify, correct, or change the Bid Documents as deemed advisable by the Town. To be official, Bid Addenda must be issued by the Issuing Office and shall be in writing. Such official Addenda represent the sole means to clarify, correct, or change the Bid Documents; all other responses or information are deemed unofficial and without legal effect.

11.02 Official Bid Addenda become part of the Bid Documents upon issuance; and the provisions therein shall supersede and have precedence over any conflicting provisions of the original Bid Documents or any previously issued Addenda, unless stated otherwise therein.

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11.03 All questions or requests regarding the meaning or intent of the Bid Documents, or the bid process, are to be submitted in writing, via US Mail, email, or direct delivery, to the Issuing Office. The same shall be addressed to the contact person identified in Paragraph 1.04 above using the information provided therein.

11.04 All such questions or requests must be submitted no later June 29, 2026 at 3 pm to be guaranteed an official response, if one is deemed appropriate and necessary by the Town. Questions and requests submitted subsequent to said date and time will be evaluated by the Town as to their significance to the Town’s interests with respect to the Bid, and the Bid may be postponed in accordance with Paragraph 8.04 in the event the Town determines that a response is in its interest.

11.05 Official responses, as deemed appropriate or necessary by the Town, will be issued via Bid Addenda, (in keeping with the provisions of Paragraph 11.01 above.) Where the Town determines that any particular properly submitted question or inquiry is already adequately addressed in the Bid Documents or otherwise that addressing any such question or inquiry will not further the purposes of the Bid or the Town’s interests in the Bid, then the Town may elect to not address the same in an Addendum.

ARTICLE 12 - EXAMINATION OF THE SITE, BID DOCUMENTS, AND OTHER DATA

12.01 Prior to completion of its Bid Proposal and the subsequent submittal thereof to the Town, each Bidder is responsible to:

1. Examine and carefully study the Bid Documents, any Addenda thereto, and any related information identified in the Bid Documents, and thereby become familiar with, and satisfy itself as to, the nature and particulars of the Project Work, the prosecution thereof, the final product(s) contemplated by the Bid Documents, and the obligations and responsibilities of the Contractor with respect thereto.

2. Visit the Project Site, and perform the observations, investigations, explorations, tests, and measurements as it deems fit and may be reasonable, to thereby become familiar with, and satisfy itself as to, the general, local, and particular site conditions that may affect the cost, progress, or performance of the Work, or which may relate to any aspect of the means, methods, techniques, sequences, procedures, or safety of prosecuting the Work; additional visits beyond the Pre-Bid Conference, if any, may be warranted or desirable.

3. Become aware of the general nature of work or involvement at the Project Site, or otherwise, of the Town, representatives of the Town, any Utility providers, or any other such entity that may affect the cost, progress, or performance of the Work, and of the relationships and means necessary to successfully coordinate and effectuate matters so as to minimize the negative impacts of such work or involvement on the same.

4. Be or become familiar with, understand, and satisfy itself as to, all federal, state, and local laws and regulations that may apply to or affect the cost, progress, or performance of the Project Work.

5. Determine that the Bid Documents are generally sufficient to indicate and convey understanding of all terms, conditions, and requirements for the performance of the Work and completion of the Project as contemplated by the Bid Documents.

6. Appropriately apply the knowledge, expertise, experience, and other factors that render it qualified to bid on and perform the subject Project Work to the responsibilities set forth in Paragraphs 12.01.01 through

Page BI-9 of 14

12.01.05 above, inclusive, and to the formulation and application of assumptions, judgments, and determinations necessary and otherwise used in the preparation of its Bid Proposal.

7. Promptly give the Town written notice of any and all errors, conflicts, ambiguities, or discrepancies that the Bidder discovers in the Bid Documents.

ARTICLE 13 - SUBSURFACE, UTILITY, AND HAZARDOUS ENVIRONMENTAL INFO

13.01 Prospective Bidders are directed to Articles 29 and 30 of the General Conditions, and any applicable paragraphs of the Supplemental Contract Provisions for the governing provisions regarding existing subsurface and physical conditions, Underground Facilities, and Hazardous Environmental Conditions that may be encountered or otherwise affect the Project Work.

13.02 On request, the Town shall provide a prospective Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary to the proper preparation of its Bid Proposal. The subject Bidder shall be responsible for all costs, permits, licenses, notices, safety precautions, damages, injuries, and other such matters and liabilities associated with such efforts. Said Bidder shall comply with any reasonable insurance requirements as may be imposed by the Town, and shall execute any reasonable indemnification or hold harmless measures required by the Town prior to commencing any such efforts. Said bidder shall inconvenience the Town, or any other affected entity, as minimally as possible in carrying out any such efforts; and it shall comply with any reasonable requests of the Town regarding the timing or means of any such efforts. Said Bidder shall be responsible to restore the Site to the satisfaction of the Town at the completion of any such efforts.

ARTICLE 14 - SUBSTITUTE AND “OR EQUAL” ITEMS

14.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bid Documents without consideration of possible substitute or “or equal” items, except as may be provided for in Supplemental Contract Provisions.

14.02 Articles 13.07 and 13.08 of the General Conditions set forth the provisions covering substitute or “or equal” items under the Contract.

14.03 Substitute or “or equal” items will not be considered until after determination of the Apparent Low Bidder. Where the subject specification specifically designates that an “or equal” substitute will be considered, then the Town shall consider a complying “or equal” item proposed by the Bid of the Apparent Low Bidder prior to Contract execution if so requested by the Apparent Low Bidder. In all other cases, the consideration of any other proposed substitute item prior to Contract execution is solely at the discretion and pleasure of the Town as it may deem in its interest. Neither the timing nor the disposition of any such consideration process shall in any way alter any of the responsibilities or obligations of the Apparent Low Bidder with respect to execution of the Contract. (An “or equal” or other substitute item may always be proposed by the Contractor subsequent to execution of the Contract.)

14.04 Prices shall not be included in the Bid Proposal of any Bidder, either directly or as part of a related Bid Item or the Total Bid Price, for any substitute item, unless such item is designated as a Bid Alternate Item.

14.05 Notwithstanding any other related provision within the Bid Documents, the Town reserves the right to negotiate with the Apparent Low Bidder either, or both, before or after Execution of the Contract Agreement

Page BI-10 of 14 regarding any proposed substitute item, whether or not such substitute item was included in the Bid Proposal of the Apparent Low Bidder, as may be in the Town’s interest, and appropriately respecting any rights of any other Bidders to the contrary that may exist with respect to any proposed substitute items as may have been included in their Bids.

ARTICLE 15 - BID ALTERNATES

15.01 The Town may, for any reason and as deemed in its interest, include within the Bid Form, and as may be shown, specified, or otherwise supported in the Bid Documents, solicit Bid prices for Bid Alternate Items that may be proposed to be substituted for, enhance or extend, or be in addition to any Base Bid Item, (or other Alternate Bid Item), or group or aggregate thereof, or to any other identifiable portion of the proposed Project Work. The Bid Form shall identify what other Bid Item(s), if any, any Alternate Bid Item(s) are intended to replace, enhance, or extend, as deemed by the Town to be applicable, reasonable, and necessary for proper understanding and administration.

15.02 Providing Bid prices on any such Bid Alternate Items as may be included in the Bid Form is optional for any Bidder; and a Bidder may provide prices, or not, for any number or any configuration of Bid Alternate Items as may be included on the Bid Form. A Bidder may not, however, propose a Bid price for only a portion less than the whole of any Bid Alternate Item.

15.03 Likewise, the Town may elect to incorporate any number, including none, or configuration of such Bid Alternate Items into the Project Work, and the Contract therefor, as it deems fit, except as limited by Paragraph 15.04 below; and the same may be so incorporated at any juncture following the determination of the Lowest Responsible Bidder.

15.04 Bid prices for Bid Alternate Items will not be considered in the determination of the Lowest Responsible Bidder; (i.e. only Bid Prices for the Base Bid portion of the Bid Form will be so considered.) As alluded to above, Bid Alternate Items, if any, will be incorporated into the Project following the determination of the Lowest Responsible Bidder.

15.05 Manipulation Bid Alternate Items will not be used to circumvent the integrity of the Bid process;

and, in no case will a Bid Alternate Item, or any configuration thereof, be incorporated into the Project Work that would have resulted in the determination of a different Bidder as Lowest Responsible Bidder, using the same criteria and reasoning as for the original determination, if the Bid Prices had been evaluated using the subject proposed configuration of Bid Alternate Items and the Bid Prices submitted therefor by the various Bidders. Note that the submittal of a Bid Price by any Bidder that is, in the opinion of the Purchasing Agent, obviously unreasonably low for the work associated therewith, or [obviously] the submittal of no Bid Price at all, for a particular Bid Alternate Item shall result in that Bid Price from that particular Bidder not being considered in any such determination. Note also that the Purchasing Agent may, in addition to any other information or criteria deemed fit thereby, use the Bid Prices, if any, submitted by the other Bidders for the subject particular Bid Alternate Item, or submitted for similar items in the Bid, as criteria in any such determination of an obviously unreasonably low Bid Price.

15.06 The Town reserves the right to negotiate with the Lowest Responsible Bidder at any time in an effort to reduce the Contract Price from the submitted Bid Price for any or all Bid Alternate Items for inclusion in the Project; and such negotiations or the results of the same, provided the results are compliant with the provisions of Paragraph 15.05, shall not be considered to be in violation of the provisions of said Paragraph 15.05.

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15.07 The Town reserves the right to award none, any or all of the Bid Alternates as it deems in its best interests.

ARTICLE 16 - BID SECURITY

16.01 Each Bid must be accompanied by a Bid security made payable to the Town of Bloomfield in an amount not less than 5% of the Total Amount Bid price set forth on the Bid Form of the subject Bidder’s Bid Proposal. The Bid security must be in the form of a certified check, a cashier’s check, a bank money order, or a Bid Bond completed on AIA Document A310 and issued by a surety meeting the requirements set forth in Paragraph 5.02 of the General Conditions.

16.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, The Town may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom the Town believes to have a reasonable chance of receiving the award may be retained by the Town until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

16.03 The Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within ten days after the Bid opening.

ARTICLE 17 - OPENED BIDS TO REMAIN

17.01 The Town is required by State records retention regulations to retain all Bid related records for 6 years following the Bid Opening, at which time, pending approval from the State, such records may be destroyed by the Town.

17.02 In keeping with this requirement, all opened Bids shall remain on file with the Town for a minimum of 6 years.

ARTICLE 18 - EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Apparent Low Bidder, Lowest Responsible Bidder, & Successful Bidder: The Apparent Low Bidder is the Bidder having submitted the currently eligible Bid that, to the degree that the Bids have been evaluated at the subject time, appears to have the lowest Total Bid Price [as calculated by the Town] and to best meet the other criteria set forth in the Bid Documents and otherwise in the applicable Town Laws and Regulations. The identity of the Apparent Low Bidder is subject to change in the time between the Bid Opening and the Execution of the Contract Agreement as the Bid evaluation proceeds, Bids may be rejected or withdrawn, calculation errors may be discovered and corrected, or for any other valid reason as may be allowed by the Bid Documents or otherwise by Law. At such time as the Town satisfies itself that the bid evaluation has proceeded to a point where the current Apparent Low Bidder is the Bidder that best meets the criteria for award, and notwithstanding the final step set forth in Paragraph 18.02 – 8 below, then, the Apparent Low Bidder shall become and may also be referred to as the “Lowest Responsible Bidder”, (a.k.a. the “Successful Bidder”). Upon Execution of the Contract Agreement, the Lowest Responsible Bidder shall become the Contractor. References to the Contractor as applied before Contract execution shall mean the Lowest Responsible Bidder; and references to the Apparent Low Bidder, the Lowest Responsible Bidder, or the Successful Bidder as applied at or subsequent to Contract execution shall mean the Contractor.

Page BI-12 of 14

18.02 If awarded, the Contract will be awarded by the Town to the Bidder that is determined by the Town to be the Lowest Responsible Bidder. The following shall be considerations of the Town, based on the information included in the subject Bidder’s Bid Proposal or as otherwise available to the Town, in determining the Lowest Responsible Bidder:

1. The Bid pricing submitted and the ability, as determined by the Purchasing Agent based on the information included in the subject Bid Proposal and as is otherwise in accordance with the Bid Documents, for the subject Bidder, abiding by its Bid Proposal and any subsequent representations made to the Town, to successfully prosecute and complete the Project Work as in accordance with the Bid Documents and to the particular appearance(s) and for the particular use(s) as contemplated by the Bid Documents.

2. The character, integrity, reputation, judgment, experience, and efficiency of the subject Bidder.

3. The record of performance of the subject Bidder on previous contracts or services for the Town and in other jurisdictions or for other owners/clients, with emphasis given to previous contracts or services of a similar nature or scope and to previous contracts and services for the Town of Bloomfield.

4. The record of compliance and cooperation of the subject Bidder with respect to Federal, State, and Local Laws and Regulations.

5. The sufficiency of the subject Bidder’s financial resources with respect to the proposed Work.

6. The level of compliance of the subject Bid Proposal with the requirements prescribed by the Bid Documents.

7. Determination of the Bid that best represents the interests of the Town and the Project if it is selected for Award.

8. And, as a final step, the ability of the Town to successfully enter into a Contract with the subject Bidder.

18.03 Right to Negotiate: The Town reserves the right to negotiate with the Lowest Responsible Bidder prior to Execution of the Contract Agreement, and at any time thereafter, regarding any relevant matter, including adding or removing Work from the Project, as may be in its interest and to the extent allowed by Law, in order to successfully enter into a Contract with the subject Bidder and/or to further the interests of the Town.

18.04 Right to Alter Quantities of Work: The Town reserves the right to increase or decrease the quantities of any Bid Item, or to delete Bid Items entirely, or to add new items of Work as may be consistent with the scope and intent of the Project as contemplated by the Bid Documents and notwithstanding any relation to Bid Alternate Items, as may be determined by the Town to be in its interest. Adjustments in Project prices/compensation as a result thereof will be calculated, administered, negotiated, or otherwise handled in accordance with appropriate provisions of the Bid/Contract Documents.

18.05 Bid Integrity to be Maintained: Notwithstanding Paragraph 18.04 above, manipulation of the quantities of Work, the addition or removal of Work, or any result of any negotiation between the Town and the Contractor shall not alter the Contract Price to a point where the subject Bidder would no longer be considered the Lowest Responsible Bidder by applying the criteria and reasoning used in the initial determination thereof, or to a point where such determination is not feasible, and the same shall not be counter to or undermine the spirit and intent of the Bidding process in any other way. Excepting herefrom cases where

Page BI-13 of 14 the quantities of work are being adjusted to account for the differences between the quantities of work estimated in the Bid, which quantities are known and stated to be approximate, and the actual quantities performed or completed in prosecuting the Project Work as presented, specified, scoped, and otherwise contemplated in the Bid Documents. Also excepting herefrom the results of valid Change Orders to the Contract, executed subsequent to Contract execution, provided any such Change Order shall not be issued clearly as an attempt to circumvent the Bid integrity. In such cases, questions of determination of Lowest Responsible Bidder are not valid as such adjustments are generally random and unpredictable, or the result of unintentional oversights, and are inherent in, and integral to the integrity of, the process.

18.06 Notice of Award: Upon determination of the Lowest Responsible Bidder and of its desire to award the Contract at that time, the Town shall issue to the Lowest Responsible Bidder a written Notice of Award.

The Notice of Award shall inform the Successful Bidder, in one or more actual transmittals, (a) that it has been selected as such, that the Town intends, if all other requirements are met, to award the Contract to it, (b) of notification of any discussions or negotiations, or certain submittals or other actions by the Successful Bidder, if any, that may be required of the Successful Bidder or that the Town may desire prior to a final version of the Contract Agreement being prepared, (c) that, upon being so prepared, and subject to legal review for the Town, the Town will, in a timely manner, forward an appropriate number of unsigned counterparts of the Agreement to the Successful Bidder for execution, (d) of the timeframe that the Successful Bidder is required to execute said Agreement counterparts and return them to the Town, (e) of notification of certain submittals or other actions that may be required of the Successful Bidder prior to the Town executing the Agreement or prior to the commencement of Contract Work, or particular portions thereof, and any required timeframes associated therewith, (f) of a tentative anticipated timeframe, which may be relative, for the Town to proceed with its part in the moving the Project towards commencement of the Contract Work, and (g) any other instructions the Town may deem appropriate.

18.07 Execution of Contract Agreement: Within 15 days after receipt of the unsigned counterparts of the Agreement, the Successful Bidder shall appropriately execute and deliver to the Town all of the counterparts of the Agreement, accompanied by its required, and properly executed, bonds, insurance certificates, hold harmless/indemnification agreement, and any other certificates, documents, or other information as may be required by the Notice of Award or the Bid Documents.