RFP 2703 CM at Risk for Fire Station 2.pdf

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Construction Management at Risk Services for New Fire Station 2
Solicitation number
RFP 2703
Issued by
New Haven County, Connecticut

About this file

This Request for Proposals (RFP) from the Town of Hamden, Connecticut seeks Construction Management at Risk (CMR) services for the design and construction of a new Fire Station 2 located at 466 Putnam Avenue. The project, designated RFP #27-03 and Project #17007, requires the selected CM to provide professional preconstruction and construction phase services in coordination with the Town Engineer and project architects (H2M Architects and Engineers). The new fire station is expected to have approximately 16,000 square feet and must comply with Connecticut Tier 3 and CALEA Accreditation standards. Sealed proposals consisting of one original and three copies plus a flash drive must be submitted to the Hamden Government Center Finance Office at 2750 Dixwell Avenue on or before Thursday, December 10, 2026, at 11:00 a.m., at which time they will be publicly opened. Questions must be submitted by Thursday, December 3, 2026, at 12:00 p.m. to purchasing@hamden.com. Short-listed firms (three to five finalists) will be invited to interviews and to submit detailed fee proposals. The contract will be awarded to the firm ranked highest on evaluation criteria, with final selection based on interviews and fee reasonableness.

Respondents must demonstrate successful experience providing CMR services for at least three public building reconstruction or new construction projects in Connecticut with project costs exceeding $5,000,000 and substantial completion between July 1, 2016, and July 31, 2026. The contract will utilize a modified AIA A133 with modified A201 General Conditions. The project is funded with $11,100,032 in state funds administered by the Connecticut Department of Economic and Community Development (DECD) and the Department of Emergency Services and Public Protection (DESPP). State prevailing wage rates apply to all construction work. Small Business Enterprise (SBE) and Minority Business Enterprise (MBE) spending allocation goals have been set at $754,802 and $366,301, respectively, and the selected contractor must demonstrate good faith efforts to meet these targets. The contractor must obtain payment and performance bonds, carry comprehensive insurance coverage including $1,000,000 general liability limits and $3,000,000 general aggregate limits, and comply with all Connecticut contract compliance requirements, nondiscrimination statutes, and federal prevailing wage regulations. Evaluation criteria weight relevant experience at 25 percent, team qualifications at 20 percent, design approach and innovation at 15 percent, references and client feedback at 10 percent, understanding of project goals at 20 percent, and price at 10 percent.

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TOWN OF HAMDEN

CONNECTICUT

REQUEST FOR PROPOSALS

RFP #27-03 Construction Management at Risk Services for New Fire Station 2 466 Putnam Ave, Hamden, CT

Project # 17007

The Town of Hamden is seeking to engage the services of a Construction Manager at Risk (CMR) to provide professional preconstruction and construction phase services for a new Fire Station 2 at 466 Putnam Avenue. Services include working with the Town Engineer (or their designee) and the Project Architect(s) through the design development and construction documents phases;

developing trade packages; and serving as the construction manager at risk for the fire station.

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 submission is in the hands of the proper authority prior to the opening.

This contract is subject to state spending allocation goals and contract compliance requirements.

The last day to submit questions to purchasing@hamden.com is Thursday, December 3, 2026, at 12:00 pm.

Sealed proposals (1 original and 3 copies and Flash Drive) must be received at the Finance Office, Hamden Government Center, 2750 Dixwell Avenue, Hamden, CT 06518, and be held in the Purchasing lock box, on or Thursday, December 10, 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 #27-03 Construction Management at Risk Services for New Fire Station 2 466 Putnam Ave, Hamden, CT

Project # 17007

GENERAL PROJECT DESCRIPTION

The Town of Hamden is seeking to engage the services of a Construction Manager at Risk (CMR) to provide professional preconstruction and construction phase services for a new Fire Station 2 at 466 Putnam Avenue. Services include working with the Town Engineer (or their designee) and the Project Architect(s) through the design development and construction documents phases;

developing trade packages; and serving as the construction manager at risk for the fire station described herein.

1. Project Scope

The Town requires preconstruction and construction phase services for the construction of a New Fire Station 2

• Fire Station 2 is being designed by H2M architects and is expected to have an approximately 16,000 square foot footprint.

Project Goals:

• Construction of a functional Fire Station 2 following current efforts of H2M Architects and

Engineers.

Specifications:

The 100% design drawings are provided only as preliminary information and the successful respondent will be responsible for assisting in the development of construction bid documents to meet current Fire Department needs, and in keeping with State of Connecticut Tier 3 and CALEA Accreditations. The 100% design drawings and other relevant project documents (including the feasibility study and site survey) are available through the Town’s website at hamden.com/Town-of- Hamden-Fire-Station-2.

2. Scope of Services

The Construction Manager (CM) is the Owner’s fiduciary responsible for undertaking all necessary action contemplated under this Contract, including but not limited to providing the services outlined herein and in the modified AIA A133* and A2011(subject to confirmation) contract documents made a part hereof. “Construction Manager” or “CM” as used herein means Construction Manager at Risk (CM at Risk).

The Construction Manager (CM) shall be responsible for planning, scheduling, comprehensive coordination and budgeting services during the pre-construction phase, and management and control of the Project(s) construction Project Site to assist the Architect with the determination of the costs, logistics, phasing, and scheduling of each structure and site.

1 Modified AIA A133 and A201 is to help with the scope of services, the final contract format will be determined in coordination with the selected applicant.

https://hamden.com/896/Town-of-Hamden-Fire-Station-2 https://hamden.com/896/Town-of-Hamden-Fire-Station-2

The CM’s services shall conform to the professional standards of care and practice of the construction management profession, and the CM shall furnish its best skill and judgment and cooperate with all other parties involved in the Project to further the interests of the Owner.

Furthermore, the CM shall establish and maintain communications with all applicable departments, commissions, employees, elected and appointed officials of the Town of Hamden when appropriately invoiced during the different phases of work.

As such, the CM shall conform to the requirements of the attached Form of Contract to provide services including but not limited to:

A. Pre-Construction Services:

• Prepare constructability analysis of Design Development and final Construction Documents submissions.

• Develop project master schedule, including milestones, utilizing CPM scheduling.

• Analyze and reconcile the construction budget following the 100% Construction Documents submissions.

• Update and analyze estimates to reflect ongoing design development.

• Identify potential value engineering solutions for team consideration.

• Assist with analysis and study of building value engineering strategies.

• Review design specifications for consistency with design intent and budget.

• Help with submission and tracking of required construction phase related permitting applications.

• Assist the Architect in their inclusion of necessary site safety, schedule, and security requirements.

B. Construction Phase Services:

• Provide site support and coordination of Owner’s consultants and vendors.

• Hold all trade contracts.

• Schedule, sequence, coordinate, supervise and inspect all work of contractors and site support.

• Conduct pre-mobilization meetings with trade contractors.

• Review/approve trade contractor site specific safety planning and loss control plans.

• Develop and maintain final Critical Path Method (“CPM”) schedule and report monthly.

• Implement auditable Project cost reporting and control systems.

• Conduct weekly Project Team meeting and document minutes.

• Record all daily job site activities.

• Conduct reviews and maintain tracking for approval of submittals and shop drawings.

• Manage and coordinate daily activities of trade contractors.

• Maintain a schedule of payments and invoices to the Town monthly. Provide cost control processes including subcontractor payment reviews, change order verification and project cost projections.

• Maintain and implement a formal quality control and quality assurance program.

• Avoid, evaluate, mitigate and resolve claims and disputes.

• Administer and document General Requirements and General Conditions.

• Review and negotiate all requests for change orders and maintain an up-to-date accounting of approved and pending costs.

• Advise the Owner in a timely manner of potential forthcoming design changes, requests for extra work or potential delays as to avoid inadequate time to make orderly adjustments.

• Update and communicate logistics and safety plans including the conduct of routine onsite formal safety training.

• Administer trade contracts including amendments and updated insurance and bonding requirements.

• Provide regular progress meetings and budget reports for the Owner including a forthcoming action item agenda.

• Assist in the coordination of Owner FF&E items.

• Manage project closeout activities including final inspections, system operational and start-up testing, balancing, manuals, demonstration/training and acceptance/turnover. The project closeout must be performed to maintain the attention of the trade contractors to assure timely completion.

3. Submission Requirements

Respondents to this Request must be of adequate size and sufficiently staffed to perform the assignment described herein. To be considered a qualified bidder, the respondent shall possess, at minimum, successful experience providing construction management at risk services of the total reconstruction and/or new construction of at least five (3) public buildings located in Connecticut with a project cost exceeding $5,000,000 where construction was completed (Substantial Completion) between July 1, 2016, and July 31, 2026. Please outline those specific projects in your introductory statement.

The Town will not be responsible for any costs incurred by any proposer for the preparation and submission of a Proposal in response to this invitation. The selected firm must meet all applicable Federal, State and Town Affirmative Action and Equal Employment Opportunity practices. While there are no mandatory DBE, MBE, WBE, or SBE set-aside percentages for this project, the Town, consistent with the requirements of its State funding through the Connecticut Department of Economic and Community Development (DECD), affirmatively encourages and will solicit responses from small, minority-owned, and women-owned business enterprises.

The proposals, containing general information on the firm or team, should also include relevant experience of the firm, relevant portions of the firm’s brochure, and resumes of key personnel available for assignment to this project. Respondents shall include a completed current Construction Manager Qualifications Form as part of this submission package. Information concerning backlog (pending projects, showing a percentage of completion, and expected completion date) shall also be provided. Respondents shall identify (a) any project which respondent has failed to complete in the past ten (10) years; (b) any project for which respondent has been declared in default in the past ten (10) years; (c) any mediation, arbitration or litigation preceding which respondent has been a party to in the past ten (10) years.

Proposals must describe how the respondent will manage the pre-construction, procurement and construction phases of the project, including a description of the respondent’s technical competence; approach to quality management; cost, schedule and submittal tracking; and methodology in working with the Architect and Owner to comply with budget and schedule requirements, as well as compliance with the Construction Documents.

Proposals should detail the respondent’s experience with managing and minimizing change orders, avoiding claims, and adhering to schedules. Additionally, all interested firms must submit a statement outlining the organizational structure under which the firm proposes to conduct business. The relationship to any “parent” or any subsidiary firm, with any of the parties concerned must be clearly defined.

The entire submission (responses to this Bid) should NOT exceed thirty (30) pages excluding licensing information, purchasing requirements and, the front and back covers.

PROPOSAL REQUIREMENTS

Cover letter and Executive Summary introducing your firm and project approach.

Documentation describing your organization and staffing plan; resumes of the proposed Project Executive, Project Manager, Project Superintendent and other key personnel; a tabulation of past projects with date, area, client, Guarantee Maximum Price (GMP) and final contract amounts; your project approach to address public buildings; your program to track submittals and monitor quality, safety and costs; a copy of your current experience rating; and specifics that best address items 1 through 4 under Technical Qualifications and Experience that follows.

Contact information for not fewer than three (3) professional references for projects of comparable size and scope, including client name, project name, a current contact person, telephone number, and email address.

Technical Qualifications and Experience (High importance)

1. Technical competence of the CMR’s Project Team to meet the challenges of this project.

2. Demonstration of creative pre-construction and construction phase services on facilities of a similar size and scope of this project with preference given for the successful completion of Fire stations and animal shelter related projects.

3. Responses from the CM’s references/ clients regarding the firm, the Project Manager and Project Superintendent.

4. Proven success in working cooperatively with design teams to minimize conflicts and change orders, and with sub-contractors in optimizing performance, quality, and safety.

4. Evaluation Criteria

All proposals submitted in response to the Bid Proposals will be reviewed and evaluated by designated reviewers and stakeholders, based upon the adopted standards and procedures of the Town of Hamden.

The Construction Manager (CM) will be evaluated and selected based on:

• the qualifications of the firm, its project team members, and the designated personnel;

• demonstrated ability to work with municipal owners and design consultants,

• their experience in public safety, public buildings, and Fire station facility construction,

• and their proposed approach to this unique assignment.

Criteria Weight

Relevant Experience 25%

Team Qualifications 20%

Design approach and innovation 15%

References and client feedback 10%

Understanding of project goals 20%

Price 10%

Following review of the Statements of Qualifications, a Selection Committee established by the Town will rank respondents and develop a short list of the three (3) to five (5) most qualified firms.

Short-listed firms will be invited to interview and to submit fee proposals for the services described herein. The Town will make its final selection based on the evaluation criteria in Section 4, the interviews, and the fairness and reasonableness of the proposed fee. Firms not selected will be notified.

6. Funding Source and Compliance Requirements

This Project is funded in part with State funds administered by the Connecticut Department of Economic and Community Development (DECD) and is anticipated to include funding associated with the Department of Emergency Services and Public Protection (DESPP). The selected firm and all trade contractors must comply with all requirements attached to these funding sources, including but not limited to the following:

Prevailing Wage. Connecticut prevailing wage rates apply to construction work on this Project. The CM at Risk shall incorporate the applicable wage rates into all trade bid packages and administer certified payroll compliance.

Nondiscrimination and Contract Compliance. The selected firm shall comply with the contract compliance and nondiscrimination requirements of the Connecticut Commission on Human Rights and Opportunities (CHRO) and all applicable Federal, State, and Town affirmative action and equal employment opportunity requirements.

Small, Minority, and Women-Owned Businesses. Consistent with DECD requirements, the Town affirmatively encourages participation by small, minority-owned, and women-owned business enterprises and will solicit such firms.

Insurance and Bonding. The selected firm shall provide certificates of insurance and payment and performance bonds in the amounts and forms required by the Town and the funding agencies prior to execution of the contract.

Contract Form. The contract for these services shall be a modified (by the Town) AIA A133 with modified A201 General Conditions. The contract form is subject to review by DECD prior to execution, and a copy of the fully executed contract and certificates of insurance shall be filed with

DECD.

Records. The selected firm shall maintain all project records in accordance with the funding agreements and shall make such records available to the Town and DECD upon request.

7. Reservation of Rights and DECD Oversight

The Town reserves the right to accept or reject any or all submissions, to waive any informality or irregularity in the submissions received, to request clarification or additional information, and to cancel, postpone, or reissue this RFP, in whole or in part, when it is in the best interest of the Town to do so. Issuance of this RFP does not obligate the Town to award a contract.

DECD reserves the right to review this RFP and the scope of services prior to finalization, to participate in or monitor the selection committee deliberations, interviews, and selection process, and to review the professional services contract and any subsequent amendments. Any modification or change to this selection process requires the prior approval of DECD.

Environmental investigations and remediation under DECD’s Brownfield program must follow the Connecticut Site Characterization Guidance Document (effective September 2007, revised December 2010); the Connecticut Remediation Standard Regulations Sections 22a- 133k-1 through 22a-133k-3 of the regulations of Connecticut State Agencies (RCSA), adopted January 1, 1996 and amended on June 27, 2013) and February 16, 2021; and ASTM Standard Practice for Environmental Site Assessments E-1527-21; as well as all pertinent State and Federal regulations.

All submissions become the property of the Town and are subject to the Connecticut Freedom of Information Act. Fee proposals submitted by short-listed firms will be treated as confidential to the extent permitted by law until the final selection is made and the contract is executed.

This contract is subject to state contract compliance requirements, including nondiscrimination statutes and spending allocation goals.

There is $ 11,100,032 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 $754,802. The MBE goal for this project is $366,301.

The selected contractor must demonstrate good faith effort to meet the spending allocation goals.

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 $1,000,000 per Accident

$500,000 Disease per Employee $1,000,000 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 $5,000,000 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

$(1,000,000)

X. The Town of Hamden and State of Connecticut 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 the State of Connecticut 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 State of Connecticut 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.

(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.

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

(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.

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