RFP202602TreeMaintenance_y0GUUq.pdf

REQUEST FOR PROPOSALS

Invitation to Bid

The Town of Monroe (“Town”) hereby invites sealed proposals from qualified bidders for the following project/service:

RFP#/Department: RFP #2026-02 PUBLIC WORKS Title: TOWN WIDE TREE MAINTENANCE: REMOVAL AND PRUNING Department: PUBLIC WORKS Release Date: 8/11/2026 @ 8:00 am Response Deadline: 8/27/2026 @ 10:00 am RFP documents may be obtained:

In Person:

Monroe Town Hall Office of the First Selectman 7 Fan Hill Road Monroe, CT 06468 M-Th: 9:00am-4:00pm F: 9:00am-1:00pm

Electronically: www.monroect.gov

Bidders shall be responsible for checking the Town website to obtain RFP addenda, if any to ensure compliance.

RFP Opening Place: Monroe Town Hall 7 Fan Hill Road Monroe, CT 06468

All Proposals shall be opened publicly and recorded in writing. There shall be no public reading of the RFP or Proposals.

Key Dates: Site Visit N/A Mandatory☐ Interviews N/A Mandatory☐ Preliminary Notice of Award Within sixty (60) days of Response Deadline Contract Execution Within ten (10) days of Notice of Award

Proposal Instructions:

1. Proposals are subject to the Standard Instructions to Bidders attached hereto and incorporated herein by reference.

2. Proposals shall be submitted in a single sealed envelope clearly marked with the:

(a) name and address of Bidder; (b) RFP # and Title; (c) Release Date/Time; and

(d) Response Deadline.

3. Proposals shall consist of: one (1) original, & one (1) hard copy.

4. The Town shall not accept any oral, facsimile or electronic Proposals.

5. The Town shall not accept any Proposals received after the Response Deadline, time being of the essence.

6. Proposals may not be withdrawn, cancelled or modified for ninety (90) calendar days after the opening date.

7. State-Funded Project Rider Notice: ☐ Applicable ☒ N/A.

If “Applicable” is checked, this RFP is subject to the State-Funded Project Rider Notice attached hereto, which is incorporated into this RFP and any resulting Contract.

Inquiries:

(Written Only)

Procedural:

Office of the First Selectman fs_office@monroect.gov

Technical:

Chris Nowacki Director of Public Works cnowacki@monroect.gov

Consultant:

RFP #2026-02 TOWN WIDE TREE MAINTENANCE TOWN OF MONROE, CONNECTICUT

STANDARD INSTRUCTIONS TO BIDDERS

1. INTRODUCTION. The Town is accepting sealed proposals from qualified bidders (“Bidder”) for the Work, as hereinafter defined. Interested parties shall submit a proposal in accordance with the requirements and directions contained in this RFP. This RFP is not an offer or contract, and the Town shall not be bound, nor shall any right accrue to any Bidder until a written Notice of Award has been issued to the successful Bidder by the First Selectman and a contract is executed by the parties, as approved by the Town Council.

2. RIGHT TO AMEND OR TERMINATE THE RFP. The Town reserves the right to amend or terminate this RFP, accept or reject any and all proposals, in whole or in part, to waive any informalities, deficiencies, omissions, excess verbiage, or technical defects in any proposal, to give preference to local businesses (except where prohibited by applicable law or funding conditions), and or to award a contract to the Bidder that it determines is in the Town’s best interest. The Town is not under any obligation to award to the lowest price proposal, but will purchase from the lowest, best qualified proposal meeting all selection criteria. Notice of any changes to the RFP shall occur by posting on the Town website at www.monroect.gov. Bidders shall be responsible for checking the Town website to obtain said changes or RFP addenda, if any, to ensure its proposals are submitted in compliance with the RFP as may be amended by any addenda. The Town reserves the right to negotiate fees with the selected Bidder.

3. KEY DATES. As set forth in the RFP cover page. All Key Dates are anticipated, not certain and remain subject to change without notice. Notice of any changes to the RFP shall occur by posting on the Town website at www.monroect.gov.

4. PROPOSAL INSTRUCTIONS. As set forth in the RFP cover page. The Town shall not accept any proposal received after the Response Deadline, time being of the essence, except only where the Town determines, before opening, that the delay resulted solely from an error of the Town and acceptance would not prejudice the competitive process. Proposal pricing must be submitted on the Fee Proposal Form included in this RFP, unless set forth the contrary, and shall be stated in both words and numbers.

All forms submitted in response to the RFP, including without limitation, the Fee Proposal Form, must be executed by an individual with express written authorization from the Bidder, which authorization (e.g., Resolution or Consent) shall be included with the proposal. Any errors, alterations, or corrections on Fee Proposal Form shall be initialed.

5. INQUIRIES. As set forth in the RFP cover page. Bidders are prohibited from contacting any Town employee, officer, official, agent or volunteer (“Town Representative”) except as listed on the RFP cover page. All inquiries shall be submitted not less than ten (10) days prior to the Response Deadline. No statement by any Town Representative shall be effective to waive, amend or otherwise modify any of the provisions of this RFP. Noncompliance with the foregoing may result in disqualification of the Bidder and proposal.

6. COMMUNICATION WITH BIDDER. The Town reserves the right, at any time (before or after the opening of proposals) to communicate with any Bidder to clarify its proposal or to request additional information that the Town, in its sole discretion, deems desirable to evaluate the proposals.

7. COSTS FOR PREPARING PROPOSAL. All costs incurred in developing its proposal shall be the sole responsibility of the Bidder. The Town shall have no liability for such costs.

8. OWNERSHIP OF PROPOSAL. Upon submission to the Town, the proposal, and its attachments, shall become the Town’s property and shall not be returned to Bidder.

9. PRE-PROPOSAL MEETING/SITE VISIT. The Bidder shall visit and physically examine all property, real and personal, subject to the RFP, and thoroughly familiarize itself with all site conditions prior to submission of its proposal. If designated as such on the RFP cover page, attendance at all scheduled Pre-Proposal Meetings and Site Visits is mandatory. Sign-in shall be required at the commencement of each meeting and or visit. No special arrangements or private tours shall be accommodated outside of the scheduled meeting. Noncompliance with the foregoing may result in disqualification of the Bidder and proposal.

10. FREEDOM OF INFORMATION ACT. All information submitted in response to this RFP is subject to disclosure under the Connecticut Freedom of Information Act, as may be amended and judicially interpreted. A Bidder’s response may contain financial, trade secret or other data that it claims should not be public (the “Confidential Information”). A Bidder must identify the specific pages and portions of its proposal that contain the claimed Confidential Information by visibly marking same in bold red ink with “CONFIDENTIAL INFORMATION”. Provided that the Bidder cooperates with the Town as described in this section, the Town shall make good faith efforts, to the extent permitted by law, to protect such Confidential Information from unauthorized disclosure. If the Town receives a request for a Bidder’s Confidential Information, it will promptly notify the Bidder in writing of such request and provide the Bidder with a copy of any written disclosure request. The Bidder may provide written consent to the disclosure or may object to the disclosure by notifying the Town in writing to withhold disclosure of the information, identifying in the notice the basis for its objection, including the statutory exemption(s) from disclosure. The Town may, in its sole discretion, choose to release the Confidential Information or withhold the same, in its sole discretion and without liability to the Bidder or any third party. Should the Town choose to withhold the Confidential Information on behalf of the Bidder, the Bidder shall indemnify, defend and hold the Town harmless from any complaint and damages which may arise from said nondisclosure, including but not limited to reasonable attorney’s fees and costs for the defense of any matter before the Freedom of Information Commission. Notwithstanding the foregoing, the Town reserves the right to exempt responses to this RFP, and all records in connection with the contract award process, pursuant to C.G.S. 1-210 (b)(24).

11. REQUIRED DISCLOSURES. The Town reserves the right to reject any proposal which is incomplete, or which fails to include all submissions in form and substance as required by this RFP, including without limitation, all documents set forth on the Checklist. The Town reserves the right to reject any proposal and or disqualify any Bidder based upon the information provided in the proposal, which, in the sole discretion of the Town, renders the proposal or Bidder unqualified or otherwise not in the best interest of the Town.

12. LEGAL STATUS/QUALIFICATIONS. If a Bidder is a business entity, it must be registered and in good standing with the Office of the Connecticut Secretary of the State. The Town may request acceptable evidence of a Bidder’s: (a) legal status; (b) that it has been regularly engaged in the business of such work as they propose to perform in response to this RFP; and (c) that they are fully prepared with the necessary capital, personnel, materials, tools and equipment, in order to fully perform the work to be contracted to the satisfaction of the Town and to begin work promptly when awarded.

13. BIDDER’S REPRESENTATIONS. The Bidder represents and acknowledges that it: (a) has received, read and understands this RFP, addenda, plans and specifications, if any; (b) is familiar with the project and scope of work associated therewith; (c) has been regularly engaged in the business of such work as they propose to perform in response to this RFP; (d) fully prepared with the necessary capital, personnel, materials, tools and equipment, in order to fully perform the work to be contracted to the satisfaction of the Town and to begin work promptly when awarded without exception or qualification, except as expressly stated in the proposal; (e) is familiar with and shall comply with all federal, state and local laws, regulations, ordinances, codes and orders that in any manner relate to this RFP; (f) has not colluded with any other person or entity in regard to any proposal submitted; (e) is not barred from proposing or performing work in any jurisdiction and, (dg if this RFP includes work to be performed to or upon Town property, has visited and physically examined the property and the surrounding territory, and thoroughly familiarized itself with all conditions of the property, both natural and manmade, as well as all such above grade, at grade and subsurface conditions that may in any way affect the work to be done and labor and materials to be furnished for the proper completion of the work, before submission of this proposal with the understanding that any claim for labor, equipment, or materials required, or difficulties encountered which could have been foreseen had such an examination been carefully made will not be recognized.

14. INSURANCE. The Bidder shall, at its own expense and cost, obtain and keep in force, at a minimum, the insurance set forth in the Mandatory Insurance Requirements, attached hereto and incorporated by reference into this RFP. The Town reserves the right to request from the Bidder a complete, certified copy of each required insurance policy. At least five (5) days before the contract is executed and prior to commencement of any work contemplated thereby, the Bidder shall provide the Town a certificate of insurance, executed by an authorized representative of the insurance company, in form and substance satisfactory to the Town. The Town reserves the right to reject insurance companies. Noncompliance with this article or the Mandatory Insurance Requirements may result in disqualification of the Bidder and proposal and termination of the contract. The Town reserves the right to withhold payment from the Bidder until evidence of satisfactory insurance has been received by the Town.

15. SECURITY/BONDS.

A. Proposal Security/Bond. Proposal security in the form of a certified check or bid surety bond issued by a bonding company licensed to do business in the State of Connecticut, is required in the amount of at least 5% of the total amount set forth on the Fee Proposal Form and shall be payable to the “Town of Monroe.”

B. Performance Security/Bond. N/A

C. Additional Security/Bond-Non-Resident Contractors. Non-resident contractors that have not been verified by the Connecticut Department of Revenue Services shall deposit with the Department of Revenue Services an additional sum equivalent to 5% of the total contract value, as assurance that personal property taxes and/or any other State taxes assessed and due the State during the contract will be paid. If the Bidder has not been so verified and such security/bond has not been posted with the Department of Revenue Services, the Town shall hold back an amount equal to 5% of the total contract price and shall release such holdback only upon the Bidder’s presentation of a certificate of compliance issued by the Department of Revenue Services, all in accordance with Conn. Gen. Stat. § 12-430(7), as amended.

D. Acceptable Bond Companies. All bonds shall be written by a surety company or companies licensed in the State of Connecticut and shall have at least an A-VII policy holders rating, as reported by A.M. Best Rating Services, or otherwise deemed acceptable by the Town. The Town reserves the right to reject surety companies. If an approved surety bond cannot be provided, the bidder shall be deemed non-responsive. A complete list of certified surety companies can be accessed on the U.S. Government Department of Treasury website at https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.html.

E. Disqualification. Noncompliance with Security/Bond requirements as set forth in this article shall result in disqualification of the Bidder and proposal.

16. AWARD CRITERIA/PRELIMINARY SELECTION/CONTRACT EXECUTION. The Town reserves the right to correct, after Bidder verification, any mistake in a proposal that the Town determines to be a clerical or scrivener’s error. If an error exists in an extension of prices, the unit price shall prevail. In the event of a discrepancy between the price quoted in words and in figures, the words shall control.

The Town further reserves the right to award all or any portion of this RFP to any single or combination of separate Bidders or proposals.

The proposals will be evaluated by a Review Committee (“Committee”) which will select the proposal that best meets the criteria set forth in the RFP and is in the best interests of the Town, including without limitation, the fee, proposal, the Bidder’s understanding of the RFP requirements, approach and timeline; the locale of the Bidder’s offices, personnel and staffing; the Bidder’s personnel and staffing, resources, experience, references, capabilities, past performance; and any other criteria it determines relevant and in its best interests. The Town may reject any Bidder if, in the sole judgment of the Town, the Bidder’s past performance gives rise to a substantial risk that the Bidder may not provide satisfactory performance. The Town reserves the right to pursue or reject any and all proposals, in whole or in part, to give preference to local businesses, and to pursue any proposal deemed to be in the best interests of the Town, notwithstanding it may not be the lowest Bidder. The Town is not under any obligation to award a contract to the lowest Bidder.

If interviews are deemed necessary, a short list of Bidders will be developed and specific information required for the interviews will be provided to Bidders at the time of notification.

The Town shall not award the proposal to any person or business (including any person or business under common control with any Bidder) that is in arrears or in default to the Town with regard to any tax, debt, contract, security or any other obligation or, whom, in the discretion of the Town, has been so within the prior five (5) years on a material obligation.

The Town will issue a Preliminary Notice of Award. The Preliminary Notice of Award may be subject to further negotiations with the Bidder. The making of a preliminary award to a Bidder does not provide the Bidder with any rights and does not impose upon the Town any obligations. The Town is free to withdraw a preliminary award at any time and for any reason. A Bidder has rights, and the Town has obligations, only if and when a formal Contract is executed by the Town and the Bidder, as approved by the Monroe Town Council.

If the Bidder fails to provide all required documents and execute the Contract within ten (10) business days of the date of the Preliminary Notice of Award, unless extended by the Town, the Town may call any proposal security provided by the Bidder and may enter into discussions with another Bidder.

17. EXCEPTION TO SPECIFICATIONS. No protest regarding the validity or appropriateness of any portion of the RFP, its addenda, plans or specifications will be considered, unless the protest is filed in writing with the Town prior to the Response Deadline. All proposals rendered shall be considered satisfactory and compliant with any specifications unless exceptions are noted on a separate page dated and signed by the Bidder.

18. LIST SUBCONTRACTORS/SUPPLIERS/SPENDING ALLOCATION GOAL COMPLIANCE.

Each Bidder shall identify in its proposal all subcontractors, vendors, suppliers, manufacturers, material suppliers, and service providers known at the time of submission, including the full legal name, business address, telephone number, trade/scope of work, anticipated dollar value, and DAS certification status, if any, of each such entity.

For any state-funded public works project subject to Spending Allocation Goal requirements, the Bidder shall also provide all subcontractor, supplier, and certification information required by CHRO, the Town, the funding agency, or applicable law. Prior to award, the successful Bidder shall provide a signed statement from each subcontractor listed on the bid form stating that the Bidder has communicated directly with the subcontractor regarding the work to be performed under the Contract.

If any subcontractor, vendor, supplier, manufacturer, material supplier, or service provider is not known at the time of proposal submission, the Bidder shall so state and shall thereafter supplement its disclosure before entering into any subcontract, purchase order, or similar arrangement and before such entity commences Work.

The Town may object to any proposed subcontractor by providing the Bidder with written notice thereof within seven (7) business days of receipt of all required information about the proposed subcontractors, whereupon the Bidder shall not use any such subcontractor for any portion of the work described in the contract.

19. LIST OF REFERENCES. The Bidder shall disclose to the Town a list of at least three (3) references (full legal name, business address and telephone number) for past performance on similar projects of comparable size and scope within the last five (5) years.

20. SELECTION CRITERIA. Bidder will be evaluated by the Committee based on the following criteria:

a) Demonstrated specialized experience and competence in providing the services outlined in this RFP document.

b) Examples of past performance on similar services and references for services of comparable size and scope within the last five (5) years.

c) Competitiveness of the fee proposal and the capacity and capability to complete all work on-time and within budget.

d) The knowledge of the Bidder and its relative experience with municipalities and public sector entities in the State of Connecticut.

e) Suggestions for improvement, innovation, efficiency and fiscal economy relative to the project.

f) Quality of submission and understanding of the project requirements, including timeline, budget and scope of work.

g) The Committee will individually review and rank each proposal based on the criteria outlined in the

RFP document.

h) After the opening of the proposals, one or more Bidder may be asked to provide additional information, to meet with the Committee to discuss their proposal, or to address such other issues as deemed in the best interests of the Town.

i) The Committee will meet to discuss Bidder’s experience, credentials and qualifications, including its personnel.

j) The Committee may short-list Bidders for interview in order to clarify qualifications and verify its evaluation.

k) No additional services or significant changes to the proposals during the interview will be entertained.

l) The Town reserves the right to amend or terminate this RFP, accept or reject any and all bids, in whole or in part, to waive any informalities, deficiencies, omissions, excess verbiage, or technical defects in any proposal, to give preference to local businesses (except where prohibited by applicable law or funding conditions), and to award a contract to the Bidder that it determines is in its best interest.

m) The Town reserves the right to negotiate fees with the selected Bidder.

21. TAX EXEMPTION. The Town is exempt from the payment of federal excise taxes and Connecticut sales and use taxes per Federal Tax Exempt #06-6002038 and Conn. Gen. Stat. Chapter 219, § 12- 412(1), as may be hereafter amended. No exemption certificates are required, and none will be issued.

22. REQUIRED BID LANGUAGE FOR STATE-FUNDED PROJECTS. If the State-Funded / CHRO /

Spending Allocation Goals Rider is checked “Applicable” on the RFP cover page or otherwise attached to this RFP, then the Bidder and any resulting Contract shall be subject to the State-Funded Project Rider / CHRO / Spending Allocation Goals Notice, which is incorporated herein by reference. If such Rider is not checked “Applicable” and is not attached, then this section shall not independently impose state-funded project, CHRO Spending Allocation Goal, CTDOT, LOTCIP, STEAP, DECD, or other funding-agency requirements, except to the extent otherwise required by applicable law. Forms can be found at:

https://portal.ct.gov/chro/contractcompliance/contractcompliance/contract-compliance- forms and-reports

23. SECURITY/BONDS-IN LIEU. Pursuant to Conn. Gen. Stat. § 4a-60g(i), as amended (including by

Public Act 25-168), an eligible small contractor or minority business enterprise awarded a public works contract, to the extent permitted by applicable law, may, in lieu of a performance, bid, labor and materials or other required bonds, provide a letter of credit in an amount equal to ten percent (10%) of the contract for any contract that is less than One Hundred Thousand and 00/100 Dollars ($100,000.00), and in an amount equal to twenty-five percent (25%) of the contract for any contract that exceeds One Hundred Thousand and 00/100 Dollars ($100,000.00).

24. AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER. The Town is an affirmative action/equal opportunity employer and encourages the participation of legitimate minority business enterprises as bidders, Bidders, subcontractors and suppliers of materials for this project.

END OF STANDARD INSTRUCTIONS TO BIDDERS

REQUIRED GENERAL CONTRACT TERMS

The following provisions are mandatory terms which shall be incorporated into the Town’s contract with the successful Bidder.

1. LIABILTY OF BIDDER/DEFENSE, HOLD HARMLESS AND INDEMNIFICATION. The Bidder shall safely guard the Town’s property from injury or loss in connection with its performance of the work set forth in the RFP and this contract. The Bidder shall take all responsibility for the work and take precautions for preventing injuries to persons and property in or about the work. The Bidder shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Town, its employees, officers, officials, agents, volunteers and independent contractors, including any of the foregoing sued in their official, fiduciary, or individual capacities, (collectively, the “Town Indemnified Parties”), from and against all proceedings, suits, actions, claims, damages, injuries, awards, judgments, losses or expenses, including attorney’s fees and costs, arising out of or relating, directly or indirectly, to the Bidder’s acts or omissions relative to the performance of the work, the RFP and the Contract. The Bidder’s obligations under this section shall not be limited in any way by any limitation on the amount or type of the Bidder’s insurance.

In any and all claims against the Town Indemnified Parties made or brought by any employee or agent of the Bidder, or anyone directly or indirectly employed or contracted with by the Bidder, or anyone for whose acts or omissions the Bidder is or may be liable, the Bidder’s obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by the Bidder under workers’ compensation acts, disability benefit acts, or other employee benefits acts.

The Bidder shall pay any and all attorney’s fees and costs incurred by the Town Indemnified Parties in enforcing any of the Bidder’s obligations under this section. The Bidder’s obligations under this section shall survive the termination or expiration of the Contract.

As a municipal agency of the State of Connecticut, the Town shall NOT defend, indemnify, or hold harmless the Bidder.

2. NO ASSIGNMENT/SUBCONTRACTING. No rights under the RFP, award or any contract may be assigned or transferred without the consent of the Town. The Bidder may only propose to enter into a subcontract agreement for any work described in the contract with a subcontractor disclosed to and not rejected by the Town in accordance with the RFP, including Standard Instructions §18, and in compliance with all applicable CHRO, Good Faith Efforts Plan, Spending Allocation Goal, nondiscrimination, affirmative action, and funding-agency requirements, if applicable. The Bidder shall provide the Town with written notice of its intention to enter a contract with listed subcontractor whereupon the Town shall have seven (7) business days from receipt of said notice to object. Upon notice of objection, the Bidder shall not use that subcontractor for any portion of the work described in the Contract. All subcontractors shall be subject to the same terms and conditions as the Bidder and notwithstanding any permitted subcontracting the Bidder shall remain fully and solely liable and responsible to the Town for performance of the work described in the Contract and for the acts and omissions of its subcontractors and of persons employed, whether directly or indirectly, by its subcontractor(s). The Bidder shall promptly pay each of its subcontractors within thirty (30) days of receipt of payment from the Town or within such shorter period as may be required by applicable law, CHRO requirements (currently fifteen (15) days of the due date for covered state-funded projects), or applicable funding-agency requirements, unless there is a bona fide dispute.

3. W-9 FORM. The Bidder shall provide the Town with a completed W-9 form contemporaneous with Contract execution.

4. PAYMENT. Except as otherwise set forth in the contract, the Town shall endeavor to make payment within thirty days (30) after the last to occur of: delivery of the item; acceptance of the work; or receipt of a properly completed invoice/pay requisition. All requisitions for payment shall include certified payrolls from the Bidder and all subcontractors to the extent required by Conn. Gen. Stat. § 31-53 or other applicable Connecticut law, and otherwise upon request of the Town. The Bidder shall pay subcontractors and suppliers within the time required by Conn. Gen. Stat. § 49-41a, CHRO requirements, and any applicable funding-agency requirements, including any shorter payment period required as a condition of state contract compliance, unless there is a bona fide dispute. For projects that do not require a performance or proposal bond, the Town reserves the right to retain five percent (5%) of the total contract amount, which shall be payable ninety (90) days after the last to occur of final payment or acceptance of the work by the Town. Any retainage withheld under this section shall be considered part of, and coordinated with, any withholding required under Section 8 of the State-Funded Project Rider (CHRO Withholding/Retainage), if applicable, which shall control the release of any portion withheld on account of CHRO. The Bidder shall provide the Town with proof of payment and subcontractor lien waivers contemporaneously with each requisition submitted to the Town and as a condition of any payment obligation of the Town.

5. PERFORMANCE OF THE WORK. The Bidder shall perform all work and furnish all equipment, materials, tools, and appliances necessary or proper to comply with its obligations pursuant to the contract, including the RFP, addenda, plans, specifications and other directives of the Town, as may be given from time to time during the progress of the work, to the satisfaction of the Town and in accordance with and for the consideration herein agreed upon. The Bidder shall perform the work in a first-class manner and so as not to interfere with or willfully annoy employees and officials of the Town.

The Bidder shall employ only competent employees trained/certified/licensed to perform the work. The Bidder shall forthwith and forever discharge from the work any employee whom, in the Town’s opinion, is, incompetent, unfaithful, disorderly, or otherwise unsatisfactory to the Town.

6. TOWN INSPECTION OF WORK. The Town reserves the right to and may at all reasonable times inspect the Bidder’s work. This right of inspection is solely for the Town’s benefit and shall not join the Town in any responsibility for discovering patent or latent defects. The Bidder has the sole and exclusive responsibility for performing the work in accordance with the Contract.

7. REJECTION OF WORK. The Bidder, at its sole cost and expense, shall remove from the Town’s property all materials, items, commodities and/or work which do not conform to the contract or have or will result in inferior or unsatisfactory work, within forty-eight (48) hours of the Town’s notice of rejection, except where safety or health issues are present whereupon immediate removal may be demanded by the Town. The Bidder shall forthwith replace and correct all rejected materials, items, commodities and/or work in the direction of the Town and to its reasonable satisfaction. The Bidder’s failure to timely comply with any notice pursuant to this section shall be deemed default of the contract.

8. GUARANTEE OF THE WORK. The Bidder hereby guarantees for a minimum period of one (1) year from the date of the Town’s final acceptance of all the work as substantially complete, all equipment, materials, and work performed against defective material and workmanship. The cost of all labor, materials, shipping charges, and other expenses in conjunction with the replacement of defective or unsatisfactory work, equipment, or materials shall be borne by solely the Bidder. Upon written notice from the Town, the Bidder, at its sole cost and expense, shall forthwith remedy any and all defects in materials or workmanship resulting from work done under this contract and repair any damage to any property caused by the Bidder incidental to this work, in strict compliance with direction from the Town.

9. NONDISCRIMINATION/AFFIRMATIVE ACTION. The Bidder agrees and warrants that, in the performance of the Contract, the Bidder shall 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, sexual orientation, 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 the Bidder that such disability prevents performance of the work involved, in any manner prohibited by the laws of the United States or the State of Connecticut.

The Bidder 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 race, color, religious creed, age, marital status, national origin, ancestry, sex, sexual orientation, 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 the Bidder that such disability prevents performance of the work involved.

The Bidder agrees, in all solicitations or advertisements for employees placed by or on behalf of the Bidder, to state that it is an “affirmative action-equal opportunity employer” in accordance with regulations adopted by CHRO.

The Bidder agrees to provide each labor union or representative of workers with which the Bidder has a collective bargaining agreement or other contract or understanding, and each vendor with which the Bidder has a contract or understanding, such notice as may be provided by CHRO advising such labor union, workers’ representative, or vendor of the Bidder’s commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment.

The Bidder agrees to comply with Conn. Gen. Stat. §§ 4a-60, 4a-60a, 4a-60g, 46a-56, 46a-68e, 46a-68f, and 46a-86, and with each regulation, relevant order, policy, directive, or notice issued by CHRO pursuant thereto, to the extent applicable, in each case as such statutes may be amended or renumbered (including by Public Act 25-168). The Bidder further agrees to comply with the current standard nondiscrimination contract language published by CHRO, which is incorporated herein by reference and shall control in the event of any conflict with this section.

The Bidder agrees to provide CHRO with such information as CHRO may request and to permit access to pertinent books, records, and accounts concerning the employment practices and procedures of the Bidder as relate to Conn. Gen. Stat. §§ 4a-60 and 46a-56.

If the Contract is a public works contract subject to Connecticut contract compliance requirements, the Bidder agrees and warrants that it will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public works project and shall develop and maintain documentation of such good faith efforts in the manner prescribed by CHRO. The foregoing good faith efforts obligation applies to every Bidder regardless of the Bidder’s own SBE, MBE, WBE, or DisBE certification status, including certified contractors that self-perform all or any portion of the work. Good faith efforts documentation shall conform to CHRO’s published Good Faith Efforts guidance, including records of solicitations and bid results sufficient to demonstrate follow-up.

The Bidder shall include the applicable provisions of this section in every subcontract or purchase order entered into to fulfill any obligation under the Contract, unless exempted by CHRO regulation, order, or written determination.

Any violation of these provisions shall be considered a material violation of the contract and shall be grounds for the Town’s cancellation, termination or suspension, in whole or in part, of the contract and may result in ineligibility for further Town contracts.

Bidder’s Initials: ________

10. COMPLIANCE WITH IMMIGRATION LAWS/AUTHORIZATION TO WORK. The Bidder confirms that it has complied with the obligations under the Immigration Reform and Control Act (IRCA) and that the employees, independent contractors, and other personnel it provides under this Contract are authorized for employment in the United States. The Bidder further confirms that it has properly completed I-9s for all employees assigned to the Town’s place of business. The Bidder agrees to hold harmless and indemnify the Town in the event that any of the employees, independent contractors, and other personnel provided by the Bidder are found to be unauthorized to work under the law or in the event that there is a determination that the obligations set forth under IRCA, including, but not limited to, the failure to correctly prepare and maintain I-9s, have not been complied with by the Bidder. The Bidder agrees to indemnify, defend and hold the Town harmless against any claims brought against the Bidder or the Town as a result of these obligations, including but not limited to, settlement fees, judgments and attorneys’ fees and costs. The Bidder’s obligations under this section shall survive the termination or expiration of the Contract.

11. CESSATION OF BUSINESS/BANKRUPTCY/RECEIVERSHIP. If the Bidder ceases to exist or operate, dissolves as a business entity, files a petition or proceeding under any bankruptcy or insolvency laws or has such a petition or proceeding filed against it, the Town may terminate the contract effective immediately whereupon the Town, may, in its sole discretion as it deems appropriate and without prior notice to the Bidder, make arrangements with another person or business entity to complete the performance of the contract without waiver and with full reservation of the Town’s rights to enforce all of its rights at law, in equity and or under the contract.

12. INDEPENDENT CONTRACTOR STATUS/NON-EMPLOYMENT RELATIONSHIP. The Town and the Bidder are independent parties. Nothing contained in the contract shall create, or be construed or deemed as creating, the relationships of principal and agent, partnership, joint venture, employer and employee, and/or any relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the terms and conditions of the contract. The Bidder understands and agrees that it is not entitled to employee benefits, including but not limited to workers’ compensation and employment insurance coverage, and disability. The Bidder shall be solely responsible for any applicable taxes attributable to the contract or its performance of the work thereunder.

13. COMPLIANCE WITH LAWS; PERMITS. All applicable federal, state, and local laws, rules and regulations, codes and orders of governmental bodies having jurisdiction over the locality of the project shall apply to the contract, are deemed to be included herein, and shall be strictly complied with by the Bidder. The Bidder shall indemnify and hold the Town harmless from and against all damages that may be assessed against the Town on account of the Bidder’s noncompliance including but not limited to, settlement fees, judgments and attorneys’ fees and costs. The Bidder shall, at its own expense, obtain all permits and approvals from all such governmental bodies as may be required for the performance of the contract, and shall notify the Town in writing within twenty-four (24) hours of the loss or suspension of any such approval or permit. Should the total amount of the project, including any current or future change orders, exceed the applicable Connecticut prevailing wage threshold, the Bidder shall comply with Conn. Gen. Stat. § 31-53 and all applicable Connecticut Department of Labor prevailing wage requirements. For contracts subject to Conn. Gen. Stat. § 31-53, the Bidder shall comply with certified payroll, wage, benefit, recordkeeping, daily record, and submission requirements applicable during the term of the Contract. More information may be obtained from: www.ctdol.state.ct.us. Prevailing wage rates are subject to annual adjustment each July first pursuant to Conn. Gen. Stat. § 31-55a for the duration of the Contract, and the Bidder shall be solely responsible for ascertaining and paying such adjusted rates without any increase in the Contract price. Covered off-site custom fabrication is subject to prevailing wage requirements to the extent provided by Public Acts 25-168 and 25-174. For each covered public building project, the Bidder shall provide proof that each mechanic, laborer and worker has completed a ten-hour construction safety and health course as required by Conn. Gen. Stat. § 31- 53b, with a copy of each completion card attached to the first certified payroll for the project. Certified payrolls with a statement of compliance shall be submitted monthly to the Town; failure to file a certified payroll as required by Conn. Gen. Stat. § 31-53(f) is a class D felony.

[FOR FEDERALLY FUNDED PROJECTS] The Bidder confirms compliance with the Davis-Bacon and Related Acts, which apply to contractors and subcontractors performing federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. More information may be obtained from:

https://www.dol.gov/whd/govcontracts/dbra.htm.

The Town shall apply the most current wage decision applicable at the time of delivery of the Notice of Award. The Bidder certifies that all equipment shall comply with all regulations and conditions stipulated under the Williams-Steiger Occupational Safety and Health Act of 1970, as amended. The Bidder further certifies that all items furnished under this project will conform and comply with Federal and State of Connecticut OSHA standards.

14. RIGHT OF TOWN TO TERMINATE CONTRACT. Should the Town, at any time, be of the opinion that: (i) the Bidder has or is willfully violating any of the conditions of this contract; (ii) is not performing the contract in good faith; (iii) the work is unnecessarily delayed and may not be finished within the prescribed contract time; or (iv) the work to be done under this contract has been abandoned, then the Town may provide written notice to the Bidder (and or Surety) demanding the Bidder correct the unsatisfactory conditions within five (5) business days. Should the Bidder fail to correct, or take such measures as will, in the sole judgment of the Town, correct the unsatisfactory conditions and ensure the timely completion of the work, the Town may order the discontinuance of all or any portion or the work whereupon the Bidder shall cease to continue said work. The Town may, in its discretion, thereafter, make arrangements with another person or business entity to complete the performance of the contract without waiver and with full reservation of the Town’s rights to enforce all of its rights at law, in equity and or under the contract. The new contractor may use such materials, tools, and appliances found upon the property or to procure other materials, tools, and appliances for the completion of the work and charge the expenses of said labor, materials, tools, and appliances to the Bidder; and the expense so charged shall be deducted and paid by the Town out of such money as may be then due, or may at any time thereafter grow due to the Bidder under and by virtue of this contract, or any part thereof; and in case the expense so charged is less than the sum which would have been payable under this contract if the same had been completed by the Bidder, the Bidder shall be entitled to receive the difference; and in case greater, the Bidder shall pay amount of such excess so due.

15. APPLICABLE LAW AND FORUM. Except as provided herein, this contract shall be governed and construed in accordance with the laws of the State of Connecticut without regard to conflicts of law principles. The Parties submit to personal jurisdiction in and for the Connecticut Superior Court for the Judicial District of Fairfield at Bridgeport and hereby waive all objections to same as the place of venue.

16. HEADINGS AND CAPTIONS. The headings and captions inserted into this contract are for convenience only and in no way define, limit or otherwise describe the scope or intent of this contract, or any provision hereof, or in any way affect the interpretation of this contract.

17. MISC. REPRESENTATIONS. The Bidder represents:

a) that it, nor any of its officers, directors, members, partners or other person or business who has administrative or managerial control of the Bidder:

i. is currently in arrears or in default to the Town with regard to any tax, debt, contract, security or any other obligation or has been so within the prior five (5) years;

ii. has secured the contract without collusion or fraud;

iii. are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from proposing or performing work in any jurisdiction.

b) that no officer or employee of the Town, nor any member of the immediate family of any such person, has or shall have a financial interest in the performance of the work or business to which it relates, or in any portion of the profits thereof, except as permitted by the Town Code of Ethics, which may be found at https://ecode360.com/12124160.

c) that it shall not name the Town in its advertising, news releases, or promotional efforts without the Town’s prior written approval; and,

d) that it shall maintain all records related to the work described in the RFP for a period of five (5) years after final payment under the contract or until all pending Town, state and federal audits are completed, whichever shall last occur. For state-funded projects subject to Connecticut contract compliance requirements, CHRO solicitation and compliance records shall additionally be retained as required by the State-Funded Project Rider (currently, at least two (2) years after CHRO issues a Notice of File Closure letter). Such records shall be available for examination and audit by Town, state and federal representatives upon request during that time.

18. RIDERS. The following Riders shall apply only if checked “Applicable” on the RFP cover page, expressly attached to this RFP, or otherwise required by applicable law or funding-agency requirements:

a) STATE FUNDED PROJECT RIDER.

[Use only if “Applicable” is checked on the RFP cover page or if the Project is otherwise financed in whole or in part with State of Connecticut funds or subject to state contract compliance, CTDOL prevailing wage, CTDOT, DECD, LOTCIP, STEAP, or other funding-agency requirements.]

b) LOTCIP RIDER [Use only if Project is LOTCIP-funded.]

END OF REQUIRED GENERAL CONTRACT TERMS

STATE FUNDED PROJECT RIDER

1. APPLICABILITY. This Rider applies only if checked “Applicable” on the RFP cover page or otherwise attached to this RFP. If applicable, this Rider is incorporated into the RFP and any resulting Contract.

2. STATE FUNDING; CHRO; SPENDING ALLOCATION GOALS. This Project is financed, in whole or in part, with funds of the State of Connecticut. State funding amount: $___________________________.

This Project ☐ is ☒ is not subject to Connecticut contract compliance requirements.

Before this RFP is released, the Town shall insert the contract-specific Spending Allocation Goals applicable to this Project, to the extent required by CHRO, the funding agency, or applicable law.

If subject to Connecticut contract compliance requirements, the Town’s contract-specific Spending Allocation Goals for this Project are:

a. Small Business Enterprise (“SBE”): ____%

b. Minority Business Enterprise / Minority-, Women-, and/or Disabled-Owned Business

Enterprise (“MBE/M/W/DisBE”): ____%

The successful Bidder shall be required to make good faith efforts to achieve the applicable Spending Allocation Goals and comply with all applicable requirements of Conn. Gen. Stat. §§ 4a-60, 4a-60g, 46a-56, and 46a-68b through 46a-68f, in each case as amended (including by Public Act 25-168), and all applicable CHRO forms, policies, directives, notices, and orders.

Good Faith Efforts Plan requirements apply where the state funding for the Project equals or exceeds $150,000 (currently, a Short Form Plan where state funding is at least $150,000 but less than $1,000,000, and a Long Form Plan where state funding is $1,000,000 or more or for construction managers on projects with more than $150,000 in state funding), or as otherwise required by CHRO. For projects bid on or after July 1, 2026, the contract-specific Spending Allocation Goals shall be determined in accordance with CHRO’s then-current methodology, forms, and directives.

3. CHRO FORMS AND SUBMISSIONS. The successful Bidder shall timely complete and submit the current CHRO Good Faith Efforts Plan and all other forms, reports, notifications, subcontractor documentation, payment documentation, lien waivers, close-out documentation, and supporting materials required by CHRO. The Town may withhold contract execution, notice to proceed, payment, or final payment pending receipt of required CHRO submissions and evidence of compliance.

4. CHRO CLOSE-OUT. Within forty-five (45) days of substantial completion, the Contractor shall submit subcontractor payment documentation, lien waivers, and any outstanding subcontract notifications required by CHRO.

5. PROMPT PAYMENT. The Contractor shall pay subcontractors within the time required by CHRO’s then-current directives and forms (currently fifteen (15) days of the due date), Conn. Gen. Stat. § 49-41a, and applicable law, unless there is a bona fide dispute.

6. CTDOT STATE-FUNDED CONTRACT PROVISIONS. If applicable, the provisions set forth in “Construction Contracts – Required Contract Provisions (State Funded Only Contracts),” revised August 2025, as may be amended, revised, supplemented, or superseded, are incorporated herein by reference.

7. LOTCIP.