RFP 2702 On-Call Arborist Consulting Services.pdf

LEGAL NOTICE

TOWN OF HAMDEN

CONNECTICUT

REQUEST FOR PROPOSALS

RFP #27-02 ON-CALL ARBORIST CONSULTING SERVICES

The Town of Hamden is seeking proposals from a qualified professional to serve as the On- Call Consulting Town Arborist (on an as needed basis, not a full-time employee of the Town).

The successful candidate must be an ISA Certified Arborist, hold an ISA Tree Risk Assessment Qualification (TRAQ), and be certified by the American Society of Consulting Arborists (ASCA).

The successful candidate will demonstrate a genuine commitment to providing high-quality customer service and administrative excellence and be prepared to work collaboratively with the Town’s Tree Warden, Public Works Department leadership, civilian Tree Commission, and local residents and stakeholders.

This RFP and Addenda may be downloaded at https://portal.ct.gov/DAS/CTSource/BidBoard.

It is the sole responsibility of the responder to see that the proposal is in the hands of the proper authority prior to the opening.

The last day to submit questions to purchasing@hamden.com is Tuesday, October 13, 2026, at 12:00 pm.

Sealed proposals (1 original, 3 hard copies and a Flash Drive) will be received at the Finance

Office, Hamden Government Center, 2750 Dixwell Avenue, Hamden, CT 06518, to be held in the Purchasing lock box, on or before Tuesday, October 20, 2026, at 11:00 am, at which time they will be publicly opened.

The Town of Hamden reserves the right to accept or reject any or all options, bids, or proposals;

to waive any technicality in a bid or part thereof submitted, and to accept the bid deemed to be in the best interest of the Town of Hamden.

Philip W. Goodwin Purchasing Agent https://portal.ct.gov/DAS/CTSource/BidBoard mailto:purchasing@hamden.com

CONNECTICUT

REQUEST FOR PROPOSALS

RFP #27-02 ON-CALL ARBORIST CONSULTING SERVICES

The Town of Hamden seeks to retain the services of an On-Call Town Arborist.

The Town of Hamden is seeking proposals from a qualified professional to serve as the On- Call Consulting Town Arborist (on an as needed basis, not a full-time employee of the Town).

The successful candidate must be an ISA Certified Arborist, hold an ISA Tree Risk Assessment Qualification (TRAQ), and be certified by the American Society of Consulting Arborists (ASCA).

The successful candidate will demonstrate a genuine commitment to providing high-quality customer service and administrative excellence and be prepared to work collaboratively with the Town’s Tree Warden, Public Works Department leadership, civilian Tree Commission, and local residents and stakeholders.

Additionally, the successful candidate must be familiar with the climate and topography of

Hamden, CT, as well as the overhead utility infrastructure standard across the Town.

The selected arborist will be required to enter into an agreement with the Town of Hamden.

Proposals shall include at a minimum a cover letter, qualifications and background of key personnel, relevant project experience, and three references.

INTRODUCTION

The intent of this Request for Proposal (RFP) is to establish a contract for professional services for an Arborist (certified by the International Society of Arboriculture) for tree management services for the Town of Hamden. The authority of the Tree Warden, as defined in Connecticut General Statutes, shall not be transferred to the Consulting Town Arborist;

instead, the Consulting Town Arborist shall serve in support function to the Tree Warden and as an information resource to the Tree Commission. The term of this contract shall be for one year.

SCOPE OF SERVICES

a.) The Consulting Town Arborist shall provide professional consultation services to Tree

Warden in areas including, but not limited to, the pruning, removal, fertilization and other routine treatment to sustain our existing trees, as well as consultation services regarding the planting or replacement of Town trees. The Consulting Town Arborist will also provide assistance and assessments for tree protest hearings. All recommendations shall conform to ANSI A300 standards. The Consulting Town Arborist will not perform the physical labor surrounding such removal, maintenance or planting of trees.

b.) The Consulting Town Arborist shall consult with the Public Works Department and Tree

Commission on strategic planning programs including but not limited to the development of a tree inventory, the development of a tree management plan, and updating the Town's appropriate street tree list to meet contemporary "right tree/right place" standards.

c.) The Consulting Town Arborist may consult, upon the request of the Town's Planning and Zoning Office, with that staff or Commission to review and analyze tree planting plans provided by developers as part of a Zoning Application, or with other Town entities as part of a municipal construction project.

PROPOSAL FORMAT AND CONTENT

Proposals are to follow the following format and are to contain information listed in this section. In order to be responsive, proposals must address all the items in this section.

a.) Letter of transmittal introducing candidate or firm and relevant qualifications.

b.) Narrative items - Brief resumes of the personnel to be assigned to the project. Discuss experience specifically related to this project as defined in the Scope of Services.

c.) Prior work experience d.) References - Provide names and telephone numbers of three to five (3 - 5) references.

e.) Fees and rates for the items listed in the Scope of Services shown at an hourly rate.

f.) Proof of current liability insurance policy and workers’ compensation coverage.

g.) Provide the International Society of Arboriculture or American Society of Consulting

Arborists certification number. CURRENT ISA OR ASCA CERTIFICATION IS REQUIRED

EVALUATION CRITERIA AND SELECTION PROCESS

Consultant selection and award of contract will be made on the basis of:

a.) Qualifications of Arborist b.) Work history and references c.) Competitive fees and rates

GENERAL REQUEST FOR PROPOSAL

SPECIFICATIONS -- PART A

Proposals shall be made on the RFP forms furnished by the Town, without alteration. Proposals shall be submitted in a sealed envelope, stating on the outside of the envelope the words “RFP DOCUMENTS”, the Town’s RFP number, the title of the Project, the title of the RFP package for which a RFP is being submitted, and the time and date of the RFP opening.

All Responders shall provide Single sided (one original and three copies) and one electronic copy of your RFP unless otherwise specified.

Proposals received after the RFP opening deadline shall be rejected. All spaces on the RFP form must be filled in with figures and words or the Town, in its sole discretion, may reject the Proposal as non-responsive. No faxed or emailed Proposals are allowed.

Applicable If Checked

RFP SECURITY: If a security of a certified check or bid bond for 5% of the total is requested, such Security will be returned upon signing of the contract. Checks or bonds must be made to the order of the “Town of Hamden”. Security may be held by the Town of Hamden for a period not to exceed 90 days from the date of the opening of the proposals for the purpose of reviewing the proposals. A separate Security must accompany each proposal presented. This is only when a Security is requested in the Proposal Specifications.

LIQUIDATED DAMAGES: The successful responder, upon his/her/its failure or refusal to sign the contract within five (5) business days of receipt of the contract from the Town, shall forfeit to the Town as liquidated damages for such failure or refusal an amount equal to the security deposited with his/her Proposal.

The Town may make such investigations and conduct such scope reviews as deemed necessary by the Town in order for the Town to determine the ability of the Responder to perform the work and the Responder shall promptly, upon the Town’s request, furnish to the Town all such data for this purpose.

The Town expressly reserves the right to reject a Proposal if, in the Town’s sole discretion, the Town determines that an RFP is non-responsive, a Responder is not responsible, a Responder is not qualified to perform the work, or the Town otherwise determines that the award of a contract to the Responder is not in the best interest of the Town. Conditional RFPs will not be accepted.

SUBCONTRACTORS: The Responder is specifically advised that any person, firm or other party to whom Responder intends to award a subcontract or purchase order must be acceptable to the Town and that approval of the proposed subcontract award cannot be sought from the Town unless and until the successful Responder submits all information and evidence to the Town regarding the qualifications, experience and responsibility of the proposed subcontractor. Although the Responder is not required to attach such information to its Proposal, the Responder is hereby advised of this requirement so that it may plan accordingly and prevent delays.

MODIFICATION: Any Responder may modify his/her/its Proposal prior to the scheduled deadline for receipt of Proposals. See paragraph one above. The Responder wishing to modify its Proposal shall submit such modified Proposal in accordance with paragraph one above, shall unequivocally indicate that its prior Proposal is superseded by the modified Proposal and shall submit its modified Proposal in an envelope clearly marked “MODIFIED PROPOSAL”.

ERRORS: The Town, in its sole discretion, reserves the right to waive typographical or technical defects in the Proposal, as well as its right to correct an award erroneously made as a result of a clerical error on the part of the Town of Hamden.

PERMITS/LICENSES: All applicable permits and licenses shall be obtained at the sole cost of Responders. No permits or permit fees shall be waived by the Town unless otherwise stated in the Town’s Request for Proposal or Instructions to Responders.

OBLIGATIONS OF RESPONDER: Each Responder shall, prior to submitting a Proposal, familiarize itself with the conditions under which the work will be performed and conduct its own due diligence.

Responders shall be presumed to have read and to be thoroughly familiar with the specifications and all RFP documents. The failure of any Responder to request, receive or examine any information or the failure of the Responder to familiarize itself with the conditions relating to the performance and timing of the work shall in no way relieve any Responder from any obligation in respect to the Proposal and shall not subject the Town to any liability whatsoever.

Furthermore, the Responder is responsible for being aware of and conforming in all respects to all existing Federal, State of Connecticut, and Town of Hamden Statutes, Ordinances, Regulations, laws and other legal applicable legal requirements, regardless of whether any such applicable requirements are specifically identified in the RFP documents.

Responders shall verify and comply with all applicable local, state, and federal laws without relying on the Town or these General RFP Specifications for guidance as to applicable laws. Responders acknowledge that laws are subject to change and it is the Responder’s sole responsibility to keep itself apprised of and to comply with current laws at all times.

WITHDRAWAL OF PROPOSALS: Proposals may be withdrawn prior to the time fixed for opening by submitting written notification of withdrawal to the Town prior to the RFP opening deadline.

Negligence or mistake on the part of the Responder in preparing the Proposal confers no right of withdrawal or modification of the Proposal after such Proposal has been opened.

“OR EQUAL” CLAUSE: Whenever a material, article or piece of equipment is identified in the RFP document by reference to manufacturers’ or vendors’ names, trade names, catalog numbers, etc., it is intended to establish a standard, unless otherwise stated; any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design may be considered equally acceptable if, in the opinion of the Town, the material, article, or equipment so proposed is of equal substance and function. Any substitutions must be approved in writing by the Purchasing Agent or his designee, who shall have sole discretion to determine the acceptability of the proposed substitute.

INTELLECTUAL PROPERTY RIGHTS: Responders shall indemnify, defend and hold harmless the Town and its officers, elected and appointed officials, boards, commissions, committees, public agencies, insurers, agents, and employees from and against liability and costs of any nature or kind, including cost and expenses for, or on account of, any misappropriation or misuse of intellectual property rights by the successful bidder in the performance of the contract, including its use by the Town unless otherwise specifically stipulated in the contract or RFP documents.

NON-COLLUSIVE RFP STATEMENT: All Responders shall be required to sign the non-collusive statement attached.

FUNDING: The municipal non-appropriation clause may be applicable. The Town reserves the right to terminate an award or a contract for the Town’s convenience, without cause and in the Town’s sole discretion. In the event of the exercise of the Town’s right to terminate for convenience, the Town’s sole liability to the successful bidder shall be payment for the actual work performed pursuant to an executed contract as of the date of termination. The Town shall have no other obligation or liability

Applicable if checked.

PERFORMANCE AND PAYMENT BONDS: To ensure the delivery of goods and services in conformity with the specifications provided and payment of all subcontractors and suppliers, Responders shall provide payment and performance bonds for any project (1) which is governed by Connecticut’s Little Miller Act, C.G.S. §49-41 or (2) for which the Town requires the provision of payment and performance bonds. Successful Responders shall provide the Town with payment and performance bonds, at the Responder’s expense, each for the full amount of the contract awarded. The Town shall be the Obligee under each bond and the bonds shall be issued by a company authorized to conduct surety business in the State, listed on the U.S. Department of the Treasury’s List of Approved Sureties and subject to approval by the Town.

INSURANCE: The contractor will provide adequate proof of insurance to the Town for the types of insurance and limits indicated below, providing for all of its operations performed in compliance with this contract.

The successful Responder shall obtain and pay for the insurance coverage described below with the indicated minimum limits. Responders agree to furnish Certificates of Insurance to the Town and/or its Board of Education, certifying coverage to be in effect for the term of this contract and that the Town and/or Board of Education will be given sixty (60) days prior written notice of cancellation or non-renewal.

These requirements if checked also apply to any subcontractor or common carrier used by the Responder.

I. WORKERS COMPENSATION

a) Connecticut Statutory Limits

b) Applicable Federal Statutory Limits

c) Employer’s Liability $100,000 per Accident

$100,000 Disease per Employee $500,000 Policy Limit

II. COMMERCIAL GENERAL LIABILITY

Bodily injury and Property Damage Each Occurrence $1,000,000 Fire Damage $ 100,000 Medical Expense $ 5,000 Personal Injury/Advertising $ 1,000,000 General Aggregate $ 3,000,000 Products & Completed Operations Aggregate $ 1,000,000

Coverage to include Premise-Operations, Contractors Protective Liability, Products & Completed Operations, Explosion, Collapse & Underground, Contractual Liability, & Broad Form Property Damage.

III. BUSINESS AUTOMOBILE LIABILITY (including owned, hired & non-owned vehicles)

Liability (Combined Single Limit) $1,000,000

(If hazardous material or potential pollutants are transported, MCS90 – Accidental Pollution coverage is required)

IV. UMBRELLA/EXCESS LIABILITY (If required)

Liability Limit – Each Occurrence over primary $3,000,000 Self-Insured retention $10,000

V. RAILROAD PROTECTIVE LIABILITY (If required)

Bodily Injury and Property Damage $1,000,000 Each Occurrence $1,000,000 Aggregate

VI. POLLUTION LIABILITY (If required)

Bodily Injury and Property Damage $1,000,000 Each Occurrence $1,000,000 Aggregate

VII. PROFESSIONAL LIABILITY (If required) $3,000,000 Each Occurrence

$3,000,000 Aggregate

VIII. MONEY & SECURITIES-BROAD FORM

Limit $(Insert Limit)

IX. CYBER LIABILITY

$(Insert Limit)

X. The Town of Hamden and/or Hamden Board of Education to be named as an additional insured on all insurance policies, except Workers Compensation and Professional Liability. Vendor coverage shall be primary and non-contributory. A waiver of subrogation shall apply in favor of the Town of Hamden on all policies except Professional Liability.

XI. To the fullest extent permitted by law, the Responder shall defend, indemnify and hold the Town of Hamden and Hamden Board of Education harmless from and against any and all claims, losses, expenses, judgments, injuries to persons and/or property resulting out of, and alleged to result from or arise out of the performance of this contract and resulting from and alleged to result from the Responder’s negligence.

ITEMS X AND XI MUST APPEAR ON THE FACE OF THE INSURANCE CERTIFICATE IN THE

SECTION ENTITLED “DESCRIPTION OF OPERATION

Occupational Safety and Health Administration Requirements; Safety Compliance: According to Connecticut General Statutes, Section 31-53b (a) each contract entered into on or after July 1, 2009 , for the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public building project by the state or any of its agents, or by a political subdivision of the state or any of its agents, where the total cost of all work to be performed by all contractors and subcontractors in connection with the contract is at least one hundred thousand dollars ($100,000.00) shall contain a provision requiring that, not later than thirty days after the date such contract is awarded, each contractor furnish proof to the Labor Commissioner that all employees performing manual labor on or in such public building , pursuant to such contract, have completed a course of at least ten hours in duration in construction safety and health approved by the federal Occupational Safety and Health Administration or, in the case of telecommunications employees, have completed at least ten hours of training in accordance with 29 CFR 1910.268. The contractor shall familiarize itself with all aspects of state law and any applicable regulations pertaining to these requirements in order to ensure full compliance. Moreover, contractor shall be solely responsible for full and timely compliance with all federal, state and local safety standards, rules and regulations.

INDEMNITY/HOLD HARMLESS: The contractor’s and subcontractor’s insurance policies will be endorsed to provide for the Town of Hamden and Hamden BOE to be named as an additional insured.

To the fullest extent permitted by law; the contractor will defend, indemnify and save harmless the Town of Hamden and Hamden BOE from and against all claims, expenses, judgements, suits and actions related to injuries to and/or damage to the property as a result of, arising from or alleged to arise from the activities of the contractor, its servants and agencies acting for the contractor and from the performance of this Project.

CERTIFICATE OF INSURANCE: The Contractor, prior to the start of any work under this contract, shall provide the Town’s Purchasing Office with a Certificate of Insurance to conform to the following:

a. Form(s) acceptable to the Town of Hamden.

b. Insurance provided by insurance companies authorized to write coverage in the State of

Connecticut.

c. Policy dates must cover the term of this contract.

d. Certificate will provide for at least 30 days’ notice to the Town of Hamden prior to cancellation.

e. All additional insured certificates are to list the Town of Hamden.

Under no circumstances shall the Contractor begin work until (1) the contract for same shall have been signed by all parties, (2) the required bonds have been furnished by the Contractor and approved by the Town, (3) the required certificates of insurance have been filed with and approved by the Town’s Purchasing Office and (4) the Contractor has been duly instructed in writing by the Town to proceed with the work. If the Contractor commences the work before the provisions referred to in this paragraph are fulfilled, the Town, in its sole option, may cancel or terminate the contract without penalty or liability chargeable to the Town.

LICENSURE: At the time of the Proposal submissions, Responders shall possess the necessary license(s) to perform the work that is the subject of this Request for Proposal.

NON-RESIDENT CONTRACTORS: Out of state Contractors must post a bond with the Connecticut Department of Revenue Services. The non-resident contractor must receive a Connecticut tax registration number by completing and submitting form REG-1. Non-resident contractors are directed to familiarize themselves and achieve full compliance with applicable requirements, including Form AU-766.

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, 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 lawful 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, 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 following principles and requirements of Equal Employment Opportunity, as incorporated herein, will be incorporated into "Equal Opportunity - Non-Discrimination Clause" to be included in all bid documents, purchase orders, leases and contracts. The principles of Affirmative Action are addressed in the 13th, 14th and 15th Amendments of the United States Constitution, Civil Rights Act of 1964, Equal Pay Act of 1963, Title VI and VII of the 1964 United States Civil Rights Act, Presidential Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”), Act 1, Section 1 and 20 of the Connecticut Constitution, Governor Grasso's Executive Order Number 11, Governor O'Neill's Executive Order Number 9, the Connecticut Fair Employment Practices Law (Sec. 46a-60-69) of the Connecticut General Statutes, Connecticut Code of Fair Practices (46a-70-81), Deprivation of Civil Rights (46a-58 (a)(d) ), Public Accommodations Law (46a-63-64), Discrimination against Criminal Offenders (46a-80), definition of blind (46a-51(1)), definition of Physically Disabled (46a-51 (15) ), definition of Mentally Retarded (46a-51-13 ), cooperation with the Commission on Human Rights and Opportunities (46a-77), Sexual Harassment (46a-60 (a)-8), Connecticut Credit Discrimination Law (360436 through 439), Title 1 of the State and the Local Fiscal Assistance Act 1 1972. Every contract to which the State is party must contain the nondiscrimination and good faith efforts provisions provided in the Connecticut General Statutes Section 4a-60a, et seq., as amended.

Sec. 4a-60. (Formerly Sec. 4-114a). Nondiscrimination and affirmative action provisions in awarding agency, municipal public works and quasi-public agency project contracts. (a) Except as provided in section 10a-151i, every contract to which an awarding agency is a party, every quasi-public agency project contract and every municipal public works contract shall contain the following provisions:

(1) 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, status as a victim of domestic violence, 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, status as a victim of domestic violence, 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;

(2) The contractor agrees, in all solicitations or advertisements for employees placed by or on behalf of the contractor, to state that it is an “affirmative action-equal opportunity employer” in accordance with regulations adopted by the Commission on Human Rights and Opportunities;

(3) The contractor agrees to provide each labor union or representative of workers with which such contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the Commission on Human Rights and Opportunities advising the labor union or workers' representative of the contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment;

(4) The contractor agrees to comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or relevant order issued by said commission pursuant to sections 46a-56, 46a-68e, 46a-68f and 46a-86; and

(5) The contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the contractor as relate to the provisions of this section and section 46a-56.

(b) If the contract is a public works contract, municipal public works contract or contract for a quasi-public agency project, the contractor agrees and warrants that he or she will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public works or quasi-public agency project.

(c) Except as provided in section 10a-151i:

(1) Any contractor who has one or more contracts with an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project shall include a nondiscrimination affirmation provision certifying that the contractor understands the obligations of this section and will maintain a policy for the duration of the contract to assure that the contract will be performed in compliance with the nondiscrimination requirements of subsection (a) of this section. The authorized signatory of the contract shall demonstrate his or her understanding of this obligation by (A) initialing the nondiscrimination affirmation provision in the body of the contract, (B) providing an affirmative response in the required online bid or response to a proposal question which asks if the contractor understands its obligations, or (C) signing the contract.

(2) No awarding agency, or in the case of a municipal public works contract, no municipality, or in the case of a quasi-public agency project contract, no entity, shall award a contract to a contractor that has not included the nondiscrimination affirmation provision in the contract and demonstrated its understanding of such provision as required under subdivision (1) of this subsection.

(d) For the purposes of this section, “contract” includes any extension or modification of the contract, “contractor” includes any successors or assigns of the contractor, “marital status” means being single, married as recognized by the state of Connecticut, widowed, separated or divorced, and “mental disability” means one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”, or a record of or regarding a person as having one or more such disorders. For the purposes of this section, “contract” does not include a contract where each contractor is (1) a political subdivision of the state, including, but not limited to, a municipality, unless the contract is a municipal public works contract or quasi-public agency project contract, (2) any other state, as defined in section 1-267, (3) the federal government, (4) a foreign government, or (5) an agency of a subdivision, state or government described in subdivision (1), (2), (3) or (4) of this subsection.

(e) For the purposes of this section, “minority business enterprise” means any small contractor or supplier of materials fifty-one per cent or more of the capital stock, if any, or assets of which is owned by a person or persons: (1) Who are active in the daily affairs of the enterprise, (2) who have the power to direct the management and policies of the enterprise, and (3) who are members of a minority, as such term is defined in subsection (a) of section 32-9n; and “good faith” means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations. “Good faith efforts” shall include, but not be limited to, those reasonable initial efforts necessary to comply with statutory or regulatory requirements and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to comply with such requirements.

(f) Determination of the contractor's good faith efforts shall include, but shall not be limited to, the following factors: The contractor's employment and subcontracting policies, patterns and practices; affirmative advertising, recruitment and training; technical assistance activities and such other reasonable activities or efforts as the Commission on Human Rights and Opportunities may prescribe that are designed to ensure the participation of minority business enterprises in public works projects.

(g) The contractor shall develop and maintain adequate documentation, in a manner prescribed by the Commission on Human Rights and Opportunities, of its good faith efforts.

(h) The contractor shall include the provisions of subsections (a) and (b) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the state, and in every subcontract entered into in order to fulfill any obligation of a municipal public works contract or contract for a quasi-public agency project, and such provisions shall be binding on a subcontractor, vendor or manufacturer, unless exempted by regulations or orders of the Commission on Human Rights and Opportunities. The contractor shall take such action with respect to any such subcontract or purchase order as the commission may direct as a means of enforcing such provisions, including sanctions for noncompliance in accordance with section 46a- 56; provided, if such contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the commission regarding a state contract, the contractor may request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the state and the state may so enter.

Sec. 4a-60a. Provisions re nondiscrimination on the basis of sexual orientation required in awarding agency, municipal public works and quasi-public agency project contracts. (a) Except as provided in section 10a-151i, every contract to which an awarding agency is a party, every contract for a quasi-public agency project and every municipal public works contract shall contain the following provisions:

(1) 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 sexual orientation, in any manner prohibited by the laws of the United States or of the state of Connecticut, and that employees are treated when employed without regard to their sexual orientation;

(2) The contractor agrees to provide each labor union or representative of workers with which such contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the Commission on Human Rights and Opportunities advising the labor union or workers' representative of the contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment;

(3) The contractor agrees to comply with each provision of this section and with each regulation or relevant order issued by said commission pursuant to section 46a-56; and

(4) The contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the contractor which relate to the provisions of this section and section 46a-56.

https://www.cga.ct.gov/current/pub/chap_185b.htm#sec_10a-151i https://www.cga.ct.gov/current/pub/chap_814c.htm#sec_46a-56 https://www.cga.ct.gov/current/pub/chap_814c.htm#sec_46a-56

(b) Except as provided in section 10a-151i:

(1) Any contractor who has one or more contracts with an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project shall include a nondiscrimination affirmation provision in the contract certifying that the contractor understands the obligations of this section and will maintain a policy for the duration of the contract to assure that the contract will be performed in conformance with the nondiscrimination requirements of this section. The authorized signatory of the contract shall demonstrate his or her understanding of this obligation by either

(A) initialing the nondiscrimination affirmation provision in the body of the contract, (B) providing an affirmative response in the required online bid or response to a proposal question which asks if the contractor understands its obligations, or (C) signing the contract.

(2) No awarding agency, or in the case of a municipal public works contract, no municipality, or in the case of a quasi-public agency project contract, no entity, shall award a contract to a contractor who has not included the nondiscrimination affirmation provision in the contract and demonstrated its understanding of such provision as required under subdivision (1) of this subsection.

(c) For the purposes of this section, “contract” includes any extension or modification of the contract, and “contractor” includes any successors or assigns of the contractor. For the purposes of this section, “contract” does not include a contract where each contractor is (1) a political subdivision of the state, including, but not limited to, a municipality, unless the contract is a municipal public works contract or quasi-public agency project contract, (2) any other state, as defined in section 1-267, (3) the federal government, (4) a foreign government, or (5) an agency of a subdivision, state or government described in subdivision (1), (2), (3) or (4) of this subsection.

(d) The contractor shall include the provisions of subsection (a) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the state, and in every subcontract entered into in order to fulfill any obligation of a municipal public works contractor contract for a quasi-public agency project, and such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by regulations or orders of the Commission on Human Rights and Opportunities. The contractor shall take such action with respect to any such subcontract or purchase order as the commission may direct as a means of enforcing such provisions, including sanctions for noncompliance in accordance with section 46a-56; provided, if such contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the commission regarding a state contract, the contractor may request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the state and the state may so enter.

CONNECTICUT CONTRACT COMPLIANCE REQUIREMENTS: If this Project is funded in whole or in part by State of Connecticut funds, bidders shall comply in all respects with the Connecticut CHRO requirements. See https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports The contractor who is selected to perform a State funded project must comply with CONN. GEN. STAT.

§§ 4a-60, 4a-60g, and 46a-68b through 46a-68f.

If State funds are being utilized, the contract awarded pursuant to this solicitation shall be subject to state contract compliance requirements, including nondiscrimination statutes and spending allocation goals.

There is $_____________ in state-funding for this project. State law requires project-specific goals be set for this project based on the project’s needs and available Small Business Enterprises (“SBEs”) and Minority Business Enterprises (“MBEs”). The SBE goal for this project is _____. The MBE goal for this project is _____. The selected contractor must demonstrate good faith effort to meet the spending allocation goals.

The successful bidder/contractor shall comply with the Good Faith Efforts requirements of the Connecticut CHRO. See https://portal.ct.gov/-/media/chro/cc-documents/goodfaithbulletspdf.pdf?rev=4eb2483f47af48b39afe222dd0f9e6df&hash=B8CEF39AF98DA5 5EED771DA47AA5B165 for more information. In addition, the contractor shall provide reasonable technical assistance and training to minority business enterprises to whom work is subcontracted to promote the participation of such concerns, to make a good faith effort to award a reasonable proportion of all subcontractors to such enterprises, and undertake such other reasonable activities or efforts as the Commission may prescribe to ensure the participation of minority business enterprises as contractors and subcontractors. The contractor shall include a provision in all subcontracts with minority business enterprises requiring the minority business enterprise to provide the Commission with such information on https://www.cga.ct.gov/current/pub/chap_185b.htm#sec_10a-151i https://www.cga.ct.gov/current/pub/chap_015.htm#sec_1-267 https://www.cga.ct.gov/current/pub/chap_814c.htm#sec_46a-56 https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports https://portal.ct.gov/-/media/chro/cc-documents/goodfaithbulletspdf.pdf?rev=4eb2483f47af48b39afe222dd0f9e6df&hash=B8CEF39AF98DA55EED771DA47AA5B165 https://portal.ct.gov/-/media/chro/cc-documents/goodfaithbulletspdf.pdf?rev=4eb2483f47af48b39afe222dd0f9e6df&hash=B8CEF39AF98DA55EED771DA47AA5B165 https://portal.ct.gov/-/media/chro/cc-documents/goodfaithbulletspdf.pdf?rev=4eb2483f47af48b39afe222dd0f9e6df&hash=B8CEF39AF98DA55EED771DA47AA5B165 its structure and operations as the Commission finds necessary to make an informed determination as to whether the minority business enterprise is owned and operated by members of a minority group.

The contractor shall maintain full and accurate data, such as contract monitoring reports, for a period of three (3) years from the date of substantial completion of the project or for such longer period as is required by the law then in effect with regard to records retention. The contractor shall not discharge, discipline, or otherwise discriminate against any person who has filed a complaint, testified, or assisted in any proceeding with the Commission.

The contractor shall make available for inspection and copying any supporting data requested by the Commission and make available for interview any agent, servant, or employee having knowledge of any matter concerning the investigation of a discriminatory practice complaint of any matter relating to a contract compliance review.

CLAYTON ACT: The contractor or subcontractor offers and agrees to assign to the public purchasing body all right, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act, 15 U.S.C. 15 or under Chapter 624 of the General Statutes of Connecticut arising out of the purchase of services, property or intangibles of any kind pursuant to a public purchase contract or subcontract. This assignment shall be made and become effective at the time the public purchasing body awards or accepts such contract, without further acknowledgment by the parties.

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

WAGE RATES: Workers employed in the various occupations on this named project shall be required to receive the minimum rates established by the State of Connecticut Labor Department Division of Regulations of Wages.

PRICES: Prices quoted for merchandise, supplies, or equipment shall be the net prices delivered into the Town of Hamden.

Town of Hamden reserves the right to award separate items to separate Responders. Responders may indicate exceptions to this.

Responders must include Federal ID number or Social Security number to be considered for RFP approval.

DAVIS-BACON ACT - PREVAILING RATES OF WAGES

If this Project is subject to the Connecticut Prevailing Wage law, C.G.S. §31-53 et seq., the Town of Hamden shall require the contractor to make payment of prevailing rates of wages in accordance with the wage section of the Davis-Bacon Act, Town of Hamden, Hamden Code, S 97.35 and State Statute 31-53, Part III. State Contracts and shall institute such investigations and periodic monitoring procedures as deemed necessary to determine compliance with labor standard provisions and the Federal requirements of the Act as amended.

RESERVED RIGHTS OF TOWN:

The Town of Hamden reserves the right to accept or reject any or all RFPs or Proposals; to waive any technicality in an RFP or Proposal or part thereof submitted, and to accept the RFP deemed to be in the best interest of the Town of Hamden. Further, the Town reserves the right to split RFPs and quotations among two or more Responders.

The Town reserves the right to reject any Proposal submitted by a joint venture if the Town determines that any entity to the joint venture fails to satisfy the Town’s requirements (i.e., bonding, insurance, qualifications, responsibility).

PREQUALIFICATION REQUIREMENT:

The Connecticut Department of Administrative Services’ Contractor Prequalification Program (C.G.S §4a-

100) requires all contractors to prequalify before they can propose on a contract or perform work pursuant to a contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by the state or a municipality, estimated to cost more than $500,000 and which is funded in whole or in part with state funds, If this requirement is applicable to the project that is the subject of this Request for Proposal, Responders shall provide their Proposal update statement with their Proposal.

TIME OF COMPLETION AND LIQUIDATED DAMAGES

Responders understand and acknowledge that timely completion of the Project is essential.

Failure of the Contractor to achieve substantial completion of the Project within the calendar days stated herein will result in the Owner and the public incurring damages, additional costs and inconveniences that would be impossible or extremely difficult to accurately quantify at the time.

Therefore, the Responder and the Town agree that, if the Contractor fails to satisfactorily complete the Project hereunder within the time specified or within any extension of time that may have been allowed, there shall be deducted from any monies due or that may become due the Responder, the sum of ___________ ($_________________) for each and every calendar day, including

Saturdays, Sundays and legal holidays, that the Project remains incomplete. This sum shall not be imposed as a penalty, but as liquidated damages due Owner from Contractor by reason of the damages incurred, inconvenience and additional costs and expenses to the public together with other problems suffered as a result of any such delay thereby occasioned.

DISCREPANCY IN RFP FORM:

In the event of any discrepancy between the amount written in numerical figures and the amount stated in written words, the amount written in words will be controlling.

The Town of Hamden hereby notifies all Responders that the Town’s contract with the successful Responder shall contain the following provision:

Payment to Vendor shall be withheld by the Town when any real or personal property taxes, sewer assessment fees, sewer use charges, fines, interest, penalties, police or fire extra duty, police vehicle use fees, or lien fees imposed, assessed or otherwise levied by the Town of Hamden and due from/payable by Vendor are delinquent.

For purposes of this Contract, a tax, fee, charge, or fine shall be deemed delinquent if it remains unpaid, in whole or in part, for a period of thirty (30) days following the date upon which payment of such tax, fee, charge, or fine was due, together with any accrued interest and penalties.

The Town expressly reserves the right, in its sole discretion, to set off against its account payable to Vendor and apply any sums due to Vendor by Town pursuant to this Contract to any delinquent real or personal property taxes, sewer assessment fees, sewer use charges, fines, interest, penalties, or lien fees imposed by the Town of Hamden and due from/payable by Vendor.

LEGISLATIVE COUNCIL

ORDINANCE AMENDING CONSTRUCTION CONTRACTS ORDINANCE

WHEREAS the Town of Hamden adopted a local prevailing wage ordinance requiring contractors working on town public works projects to pay laborers and mechanics wages based upon the wages established by the State of Connecticut Department of Labor to be prevailing for the corresponding classes or laborers and mechanics on projects of a similar character to the contract work in town; and

WHEREAS the threshold for local public works projects covered by the prevailing wage ordinance has not increased since the adoption of the ordinance; and

WHEREAS the Town wishes to amend its ordinance so that the Town's threshold for prevailing wages is 90% of that set by the Connecticut General Statutes.

NOW THEREFORE BE IT ORDAINED that Section 97.35 (A) of the Hamden Code of Ordinances is hereby amended and restated as set forth below:

CONSTRUCTION CONTRACTS

97.35: WAGES TO BE STATED IN CONTRACT.

(A) The advertised specification for every public works project by the Town of Hamden that is 90% or more of the amount set forth by the Connecticut General Statues, as may be amended, for new construction and/or that is 90% or more of the amount set forth by the Connecticut General Statutes, as may be amended, for remodeling, refinishing, refurbishing, rehabilitation, alteration or repair work, and which requires or involves the employment of mechanics, laborers or workmen employed upon the work contracted to be done, shall contain a provision stating the minimum wages to be paid various classes of laborers, mechanics and workman shall be based upon the wages established by the State through its Department of Labor to be prevailing for the corresponding classes of mechanics, laborers or workmen employed on projects of a character similar to the contract work in the town.

(B) Every contract based upon these specifications shall contain a stipulation that the contractor or his subcontractor shall pay all mechanics, laborers or workmen employed directly upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amount accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and such laborers, mechanics and workmen, and that the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work.

(C) Every contract based upon these specifications shall further stipulate that there may be withheld from the contractor so much of accrued payments as may…