Salem HVAC RFP Final.pdf

OFFICIAL BID ADVERTISEMENT

INVITATION TO BID

TOWN OF SALEM

Salem Town Hall HVAC Replacement

Sealed bids will be received to the Town Hall Office Building no later than 2 PM, Tuesday, May 12th, 2026. Respondents are required to submit two (2) copies of a sealed proposal to Salem Town Hall, 270 Hartford Rd, Salem, CT 06420.

This project entails replacement of the existing Town Hall HVAC system and related work.

The contract documents will be posted on the Connecticut Department of Administrative

Services CTsource Bid Board which can be found at https://portal.ct.gov/DAS/CTSource/BidBoard

Electronic copy of the contract documents can also be obtained by email request to

Alesha.Brothers@salemct.gov.

Any questions or Requests for information (RFI) regarding this bid should be emailed to khipsky@rzdesignassociates.com no later than 2 PM on Tuesday, May 5th, 2026, in case an addendum needs to be posted or sent to prospective bidders.

Town of Salem reserves the right to accept or reject any or all bids; to waive any informality, or to accept any bid deemed in the best interests of the Town of Salem.

AN AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER

Minority/Women's Business Enterprises are encouraged to apply. This contract is subject to state spending allocation goals and contract compliance requirements.

BID Announcement Posted Monday, April 20th, 2026 https://portal.ct.gov/DAS/CTSource/BidBoard mailto:Diane.Nazarko@elpsk12.org

BLANK PAGE

270 Hartford Road, Salem, CT 06420

STANDARD BID & CONTRACT TERMS AND CONDITIONS

All Invitations for Bids issued by the Town of Salem will bind Bidders to the terms and conditions listed below, unless specified otherwise in any individual Invitation for Bids.

Submission of Bids

1. Bids must be submitted on forms supplied by the Town of Salem. Telephone or facsimile bids will not be accepted in response to any Invitation for Bids.

2. All blank spaces for bid prices must be filled in, in ink or typewritten.

3. Each bid must be submitted in a sealed envelope bearing on the outside, the name of the bidder, his/her address, and the name of the project for which the bid is submitted.

4. If it becomes necessary to revise any part of this request or if additional data is necessary to enable interpretation of provisions of this document, an addenda will be provided to all prospective firms who receive this document;

such addenda will additionally be posted on the following website: https://portal.ct.gov/DAS/CTSource/BidBoard.

The addenda document would need to be acknowledged on the Bid Form. The Town of Salem does not assume responsibility for any contractor that does not receive an addenda, where the contractor has not acknowledged receipt of any portion thereof.

5. Incomplete Bid forms may result in the rejection of the Bid. Amendments to Bids received by the Town of Salem after the time specified for opening of Bids shall not be considered. Bids shall be computer prepared, typewritten or handwritten in ink. All Bids shall be signed by a person duly authorized to sign Bids on behalf of the Bidders.

Errors, alterations or corrections on both the original and copy of the Bid schedule to be returned must be initialed by the person signing the Bid or their authorized designee. In the event an authorized designee initials the correction, there must be written authorization from the person signing the Bid to the person initialing the erasure, alterations, or correction. Failure to do so shall result in rejection of Bid for those items erased, altered or corrected and not initialed.

6. The Town of Salem reserves the right to accept or reject any and all Bid responses, in whole or in part, to waive technical defects, irregularities and omissions if, in its judgment, the best interests of the Town of Salem will be served.

7. Conditional Bids are subject to rejection in whole or in part. A conditional Bid is defined as one which limits, modifies, expands or supplements any of the terms and conditions and/or specifications of the invitation for Bids.

8. Pursuant to Section 12-412 of the Connecticut General Statutes, municipalities are exempt from the payment of excise, transportation and sales taxes imposed by the Federal Government and/or the State. Such taxes must not be included in Bid prices. Local permit fees are waived, but the state fees applies.

9. By its submission, the Bidder represents that the Bid is not made in connection with any other Bidders submitting a Bid for the same commodity or commodities and is in all respects fair and without collusion or fraud.

10. Any bid may be withdrawn prior to the above scheduled time for the opening of bids. Any bid received after the time and date specified will be returned unopened.

https://portal.ct.gov/DAS/CTSource/BidBoard

Method of Award

The Town of Salem intends to award the contract to the lowest responsible and qualified bidder. The Town of

Salem reserves the right to reject any and all bids and to award the contract to the bidder who is most responsive to the interests of the Town of Salem. If the lowest base bid submitted by a responsible bidder does not exceed the amount of funds, then estimated by the Owner as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner will reject all bids. “Lowest responsible and qualified bidder” means the bidder whose bid is the lowest of those bidders possessing the skill, ability, and integrity necessary to faithfully perform the work.

Qualifications of the Bidder

The Town of Salem may make whatever investigations it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town of Salem all information and data for this purpose as the Town of Salem may request. The Town of Salem reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the Town of Salem that the bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

Insurance Requirements

The Town of Salem requires the Contractor to carry commercial general liability insurance to protect it from loss.

The Town of Salem and State of Connecticut shall be listed as additionally insured under the following coverages, except Workers’ Compensation. The following minimum limits shall be met:

• General Liability: $1,000,000 each occurrence; $2,000,000 general aggregate

• Automobile Liability: $1,000,000 combined single limit for each accident

• Umbrella/Excess Liability: $5,000,000 each occurrence; $5,000,000 aggregate and providing coverage over the Commercial General Liability, Commercial Automobile Liability and the Employer Liability section of the Workers Compensation coverage.

• Workers’ Compensation: Shall be in accordance with State of Connecticut requirements at the time of the contract.

The policy must contain a waiver of subrogation in favor of the Town of Salem, executed by the insurance company.

Thirty (30) days’ notice of cancellation is required and must be provided to the Town of Salem via certified mail.

If the Contractor has any subcontractors perform work on this project, the Contractor shall provide a list of the subcontractors, what work they are performing, and evidence the subcontractor insurance also meets the above standards.

Indemnification

The Contractor shall indemnify and hold harmless the Town of Salem against any and all damages to property or injuries to or death of any person or persons, including property and employees of the Town of Salem and shall defend suits, actions or proceedings of any kind or nature including workmen’s compensation claims, of or by anyone whomsoever in any way resulting from or arising out of the operations of the contractor. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the contract. The Contractor shall procure and maintain, at his own cost and expense, any additional kinds and amount of insurance which in his own judgment, may be necessary for his proper protection in the execution of his work. The Contractor agrees to well and truly save and indemnify and hold harmless the Town of Salem against all liability, judgments, costs and expenses which may in any way come against the Town of Salem or which may in any way result from carelessness, omission or neglect of the contractor or his agent, employees or workmen in any way arising or resulting from the operation in connection herewith.

Pre-Bid Site Visit

A Pre-bid site visit will be held on Monday April 27th, 2026 at 1:30PM.

Interested parties should meet in Conference Room 1 at the Salem Town Hall. Address is, 270 Hartford Rd, Salem, CT 06420.

Requests for Information (RFI) resulting from review of this package or the site visit are due no later than 2 PM on Tuesday, May 5th, 2026.

Timeline of Work

Town of Salem would like the installation to take place from Spring to Fall of 2026. We understand all is contingent on the ordering, availability and delivery time of the equipment. Designated Contractor may begin coordination and submit shop drawings and submittals for approval of ordering equipment and materials, but no activities can be conducted inside the building prior to the start date.

Construction must be completed NO LATER THAN Friday, October 30, 2026.

The contractor is encouraged to commence acquisition of all materials needed to perform the work immediately after contract execution to ensure all materials are on hand when on site construction begins. It is anticipated that the

Notice to Proceed will be issued at the time of the Contract Award and signing.

Work Hours

Normal work hours Monday through Friday from 6:00 AM to 3:30 PM. Phase work in manner to minimize downtime of the HVAC system.

Award of Bid

The Town intends to award a contract to the responsible bidder that the Town determines can properly complete the job in the time period requested at the lowest qualified total price as indicated on the Bid Form.

Prevailing Wages

If total contract cost exceeds state mandates, this shall be considered a prevailing wage job. As such, the contractor and any subcontractors should be paid at least the minimum as identified in the attached Prevailing Wage document from the State of Connecticut. Upon completion of the job, the contractor must provide to the town certified payrolls for all contractor and subcontractor employees assigned to the job showing that the prevailing wage rate was paid.

CHRO Requirements

The contractor who is selected to perform this State project must comply with CONN. GEN. STAT. §§ 4a-60, 4a-

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

State law requires a minimum spending allocation goal of twenty-five (25%) percent of the state-funded portion of the contract for award to subcontractors holding current certification from the Connecticut Department of

Administrative Services (“DAS”) under the provisions of CONN. GEN. STAT. § 4a-60g. (25% of the total state-funded value with DAS-certified Small Businesses and 6.25% of the total state-funded value with DAS-certified

Minority-, Women-, and/or Disabled-owned Businesses.) The contractor must demonstrate good faith effort to meet the spending allocation goals.

Good Faith Efforts Short Form Plan & Good Faith Efforts Long Form Plan can be found under the Forms and

Reports for Construction Contractor Section at the following websites: https://portal.ct.gov/chro/contract-https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports compliance/contract-compliance/contract-compliance-forms-and-reports

Please see attached CHRO Notice on Page 8.

Lump Sum and Unit Price Work

This contract is designed and expected to be a lump sum project. However, as work progresses, the Contractor may identify additional work or repairs as noted. On the bid form, the Contractor shall provide a lump sum price for the designated work and a unit price for possible additional work that may be identified. The selected Contractor shall not conduct any additional, unit price work without prior approval of the Town of Salem.

Contract Agreement

The contract agreement will be in the form of AIA Document A105 -2017; Standard Short Form of Agreement

Between Owner and Contractor. Blank/draft copy attached herein for information purposes only. Final agreement will be executed by the Town of Salem and Contractor.

Bonds

A bid bond (5% minimum) will be required for contracts and subcontracts. A Performance Bond is also required for contracts and subcontracts. A Labor & Material Payment Bond is required. If a construction manager is employed, each subcontract exceeding $100,000 shall be bonded or a certified check is required.

Damages for Failure to Enter into Contract

The party to whom the CONTRACT is awarded will be required to execute the CONTRACT within thirty (30) calendar days from the date when Notice of Award is delivered to the BIDDER. In case of failure of the BIDDER to execute the CONTRACT, the OWNER may at his option, consider the BIDDER in default, in which case the bid security accompanying the proposal shall become the property of the OWNER as liquidated damages and not as a penalty.

Liquidated Damages

For Major Construction/Renovation Projects, the DECD Grantee shall provide an anticipated construction duration period (of days) within the project manual that will be used in the bid package.

As a prerequisite to executing a construction contract with the “Lowest Responsible and Qualified Bidder”, the

Contractor shall agree on the substantial completion date in accordance with the plans, project manual, and other contract documents, taking into consideration average weather conditions, availability of labor delivery of materials and equipment.

If the Contractor neglects, fails or refuses to achieve substantial completion of work by the substantial completion date in the executed construction contract, and such delay is not otherwise excused under this contract, then the

Contractor shall agree to pay the Owner a liquidated damages for breach of contract in the amount of $250 per calendar day for each and every day that the Contractor shall be in default of the project work

Damages due to Contractor’s delay are difficult to determine and accurately specify so the Owner shall determine the most accurate amount of liquated damages for the project subject to DECD concurrence prior to bidding.

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

Retainage

The Town of Salem reserves the right to retain five percent (5%) of the final contract price for the life of the construction project.

Laws and Regulations

The bidder's attention is directed to the fact that all applicable Federal and State law, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

Work Area

Construction will be confined to the immediate work area only and additional areas that may be designated by the

Town of Salem upon Contractor request.

Change Orders

Any deviations from, additions to, or deductions from either scope of work or contract price shall be submitted by the Contractor to the Town of Salem in the form of a contract change order. The Town of Salem Designee must approve this contract change order before said deviations, additions, or deductions shall be enacted. Further, all changes in scope of work involving unit price items shall be governed by the unit price indicated by the Contractor on the Base Bid Form.

OSHA Violations

In accordance with Connecticut General Statute Section 31-57b, no contract shall be awarded to a bidder if it is determined that the bidder (person or firm) has been cited for three (3) or more willful or serious violations of any occupational safety and health act or of any standard, order, or regulation promulgated pursuant to such act during the 3-year period preceding the date of bid opening.

Estimated Total Project Cost

The estimated total project cost is $248,000.

Please refer to DECD Bidding and Contracting Guidelines located on Page 20 of this document for additional information and requirements.

CHRO NOTICE

Visit https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports for more information.

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

DEPARTMENT OF ECONOMIC & COMMUNITY DEVELOPMENT

PROJECT SIGN

4’

STATE SEAL

DECD LOGO

AN AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER

Minority/Women's Business Enterprises are encouraged to apply. This contract is subject to state spending allocation goals and contract compliance requirements.

Technical Specifications & Drawings

The Technical Specifications and Drawings listed below are a part of this contract:

OFFICIAL BID ADVERTISEMENT TOWN OF SALEM –

SALEM TOWN HALL HVAC Replacement

Drawings By: RZ Design Associates, Inc. Rocky Hill, CT

M0.1 Mechanical General Notes and Legends

M0.2 Mechanical Specifications

M1.1 Mechanical Plans

M2.1 Mechanical Details and Schedules

E0.1 Electrical General Notes, Legends and Specifications

E-1 Electrical Plans

BID FORM

FROM: (Bidder)

TO: Town of Salem

270 Hartford Road, Salem, CT 06420

The undersigned proposes to furnish through this bid price all charges, including all supervision, technical personnel, labor, materials, equipment, tools, appurtenances, services, and anything else necessary to perform and complete this Contract pursuant to the Standard Bid & Contract Terms and Conditions and Technical

Specifications for the lump sum, fixed price below:

Lump Sum Price in Words:

Lump Sum Price in Numbers: BASE BID

ALTERNATE BID #1 -

Provide unit price to professionally clean all existing rigid ductwork that is to remain.

Price in Numbers ($)

ALTERNATE BID #2 -

Provide unit price to remove existing duct insulation from rigid supply duct mains that are to remain. Seal existing supply duct mains to minimize air leakage. Provide new duct insulation on existing supply duct mains as specified and ensure tight vapor barrier seal.

Price in Numbers ($)

ALTERNATE BID #3 -

Provide unit price to provide carrier i-Vu Building automation system for control of the split system heat pumps. Provide a VVT Zoning system complete with zone dampers, some sensors, by-pass damper and all associated wiring for AHU-1,2,3. Provide touch screen user interface panel (located in utility room) for each system. Program control system and provide training to owner. Provide new branch (and by-pass) ductwork as stated on RZ Design M1.1 Drawing under Add Alternate Bid#3.

Price in Numbers ($)

ADDENDA RECEIPT

Receipt of the following Addenda is hereby acknowledged:

Addendum No. Dated

The undersigned agrees to complete this work based on the project specifications for the above referenced bid prices.

Signature

Print Name

Email Address

Main Contact #

Address

PROVIDE THREE REFERENCES FROM

PREVIOUS SIMILAR WORK

NAME ORGANIZATION CONTACT #

1.

2.

3.

STATE OF CONNECTICUT

DEPARTMENT OF ECONOMIC

AND COMMUNITY DEVELOPMENT

BIDDING, CONTRACTING &

PROCUREMENT FOR CONSTRUCTION

GUIDELINES FOR DECD PROGRAMS

Revision: January 2026

DANIEL O’KEEFE

COMMISSIONER

Updated language: Section 5 (Categories of Clients); Section 8 (Wage Rates); Section 9 (CHRO

Requirements); Section 10 (Other Agency Requirements); Section 15 (Bonds/Certified Checks); Section 18

(Selecting the Contractor).

TABLE OF CONTENTS

Contents Page #

1. INTRODUCTION

2. DEFINITIONS

3. CONFLICT OF INTEREST NOTICE AND CLIENT RESPONSIBILITY

4. CATEGORIES OF WORK

5. CATEGORIES OF CLIENTS

6. CONSTRUCTION MANAGERS IN PLACE OF GENERAL CONTRACTORS

7. PLANNING/PERMITTING – CEPA COMPLIANCE

8. WAGE RATES (Please note updated language)

9. CHRO REQUIREMENTS (Please note updated language)

10. OTHER STATE AGENCY PREQUALIFICATIONS/PERMITS (DAS & DEEP)

11. BID PACKAGE SUBMISSION REQUIREMENTS:

12. BIDDING, CONTRACTING & CONSTRUCTION REQUIREMENTS FOR CERTAIN MINOR

PROJECTS ($250,000 OR LESS)

13. MATERIAL AND SERVICES

14. ADVERTISING YOUR PROJECT

15. BONDS/CERTIFIED CHECKS

16. LIQUADATED DAMAGES

17. INSURANCE

18. SELECTING THE CONTRACTOR

19. DOCUMENTS TO BE FORWARDED TO DECD AT COMPLETION OF BIDDING:

20. DOCUMENTS TO BE FORWARDED TO DECD POST CONTRACT EXECUTION

21. CONTRACTOR PAYMENT APPLICATIONS, RETAINAGE, AND CHANGE ORDERS

22. DOCUMENTS TO BE SUBMITTED DURING THE CONSTRUCTION PHASE OF THE

PROJECT

23. DOCUMENTS TO BE SUBMITTED AT THE COMPLETION OF THE PROJECT

24. CONSTRUCTION MONITORING PROCEDURES

25. CONSTRUCTION OVERSIGHT AND TECHNICAL ASSISTANCE:

26. ATTACHMENTS

PROJECT SIGN

STATE SEAL

DECD LOGO

CHRO NOTICE

MINOR PROJECT COMPLIANCE CERTTIFICATION FORMS

1. INTRODUCTION

The intent of these Bidding, Contracting and Construction Guidelines is to provide the guidance and the requirements needed to ensure a successful DECD sponsored project. It is DECD’s policy to maximize the benefits derived from the use of public funds, protect these funds from inappropriate use, and ensure that all Federal, State and Local requirements are met.

To maximize the benefits of the State’s public funds, DECD’s requires a competitive public procurement process of all major contracts for construction. Competitive public bidding is a standard practice within the public works construction industry and provides numerous benefits such as:

a. Cost savings to the Client and State

b. Fair competition for construction contracts

c. Ensuring the use of qualified contractors

The DECD has prepared these guidelines to assist our clients through the agency’s requirements and policies. These guidelines reference definitions, client responsibilities, categories of work, project planning to ensure Connecticut Environmental Policy Act

(CEPA) compliance and various State agencies’ laws & regulations, the requirements of a publicly advertised competitive bid process for construction activities, selection and contracting for construction, DECD’s progress monitoring of construction, and the required documents from bidding on through to Construction Closeout.

Any Client modification or change to the bidding or selection process must be pre-approved by DECD.

2. DEFINITIONS

a. Public Building (C.G.S. section 1-1(e)): …shall include a statehouse, courthouse, townhouse, arsenal, magazine, prison, community correctional center, almshouse, market or other building belonging to the state, or to any town, city, borough in the state, and any church, chapel, meetinghouse, or other building generally used for religious worship, and any college, academy, schoolhouse or other building generally used for literary instruction.”

b. Public Works Contract (C.G.S. Sec. 46a-68b): “…means any agreement (A) for construction, rehabilitation, conversion, extension, demolition or repair of changes or improvements in real property, and (B) that is financed in whole or in part by the state, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees, where such funding equals one hundred fifty thousand dollars or more,….”

c. Competitive Bidding (the Architect’s Handbook of Professional Practice, Vol.

2, AIA 1987): Competitive bidding seeks to find the lowest reasonable price for the project through competition for the work. The theory is that many interested contractors have access to the project and that head-to-head competition will produce the best possible price consistent with marketplace conditions.

3. CONFLICT OF INTEREST NOTICE AND CLIENT RESPONSIBILITY

a. Members and relations of the governing body and/ or staff of the client shall be prohibited from receiving contracts for materials or services related to the

Construction/ Renovation.

b. DECD shall review project documents to ensure consistency with project goals, department standards and technical correctness. However, it is the responsibility of the client, their architect and attorney to ensure that the documents are technically correct, complete and, where necessary, protect the grantee and the State of Connecticut from any and all claims.

c. The client will comply with all relevant local, state and federal regulations, and comply with all standard contracting practices to safeguard the interests of the client and the state including, but not limited to, contractor performance, security, insurance, permits, and inspections.

d. The client shall erect a suitable sign attributing funding to State of Connecticut, Governor; Department of Economic and Community Development, and

Commissioner. A sign template is attached to this document.

4. CATEGORIES OF WORK

a. Emergency Work: Public Health and Safety Improvements. DECD must approve any exemption from the bidding process for Emergency Work

b. Minor Construction/Renovation: Single trade tasks and/or non-complex construction with a total value of $100,000 or less.

c. Major Construction/Renovation: multiple-interrelated trade tasks and/or complex construction with a total value of over $100,000.

d. Brownfield Site: A brownfield is a real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. The physical environmental clean-up or remediation of a brownfield site is considered a change in real property therefore a construction activity.

e. Individual physical development contracts under $10,000 in value shall not be subject to competitive bid requirements.

f. For projects only requiring material purchases see section 13.

g. For projects with a total project cost of $250,000 or less see section 12.

5. CATEGORIES OF CLIENTS

a. The nature of the project and the organization of DECD’s client determine whether a project’s construction contracts are publicly advertised for competitive bidding. Publicly advertised competitive bidding may also be appropriate for certain clients and/or projects. A public competitive process will help the client locate qualified firms and establish a market rate for the improvements.

b. Please refer to the table below as a guide for compliance with the contract solicitation process.

Client Category Project Category Public

Competitive Bid

Competitive

Bid

Financial assistance to for-profit corporation for non-land based projects/contracts (e.g., purchase of equipment)

Private No No

Financial assistance to for-profit corporation for building, site or infrastructure improvements.

Private No Yes

Financial assistance to not-for-profit corporation for non-land based projects/contracts (e.g., purchase of equipment)

Private Yes Yes

Financial assistance to not-for-profit corporation for building, site or infrastructure improvements when acting on behalf of a municipality

Public Yes Yes

Financial assistance to not-for-profit corporation for building, site or infrastructure improvements when acting on behalf of a non-municipality

Private Highly

Recommended

Local

Procurement

Process

Financial assistance to not-for-profit corporation for building, site or infrastructure improvements when acting for their own interests where state funding is less than 25% of the total project cost

Private Highly

Recommended

Yes

Financial assistance to not-for-profit corporation for building, site or infrastructure improvements when acting for their own interests where state funding is greater than 25% of the total project cost

Private Yes Yes

Financial assistance to municipalities for construction/improvements of public infrastructure/public land

Public Yes Yes

6. CONSTRUCTION MANAGERS IN PLACE OF GENERAL

CONTRACTORS

A “construction manager” means a construction professional with primary responsibility for the day-to-day management of all construction or engineering activities for a project in accordance with a public works contract or other agreement with an awarding agency (C.G.S. Sec. 46a-68b).

The DECD grantee may employ a construction manager, but if this management method is used, each subcontract must be bid employing the same procedures outlined above with a minimum of three bids for each subcontractor, advertising for each and compliance with bonding, insurance, and minority regulations. Any specific construction trade work to be conducted by the construction manager requires DECD pre-approval.

7. PLANNING/PERMITTING – CEPA COMPLIANCE

a. CEPA - Sections 22a-1 through 22a-1h of the C.G.S. establish an environmental policy for Connecticut and a process for evaluating the environmental impacts of State actions. The process is further defined by

Sec. 22a-la-1 through 22a-la-12 of the Regulations of Connecticut State

Agencies.

b. Floodplain - The FEMA Flood Insurance Rate Map (FIRM) of the project boundary must be reviewed by the project design professional during the design phase. If the project proposes an activity within or affecting a floodplain or that impacts storm drainage facilities, the DECD must submit a Flood Management Certification to DEEP (C.G.S. 25-68b through 25-

68h). The grantee’s design professional will be responsible for preparing the application and submission to DECD for review and subsequent certification to DEEP. DECD will not approve or fund any construction activities until certification has been accepted by the DEEP. Flood

Management Certification must be approved prior to the completion of the bid package.

c. Historic Considerations – Projects involving the renovation, rehabilitation, or additions to Historic buildings or sites will require consultation with the State Historical Preservation Commission (SHPO).

There is a 30-day deadline for SHPO to reach an initial determination when reviewing the impact of state-funded projects on historic properties. If

SHPO finds the project will have an adverse impact on the historic nature of the property or the surrounding environment, it will propose a mitigation plan that is in line with recognized best-practices for historic preservation.

Grantees may appeal SHPO’s findings to the DECD Commissioner to recommend revisions to the mitigation plan. Documentation of such consultation and approval by SHPO will be required. Historic buildings are defined as properties listed on the State or National Register for Historic

Places, or properties eligible for listing on the State or National Register for

Historic Places. Properties 50 years old or older are potentially eligible for listing. Historic sites are defined as sites that have yielded, or may be likely to yield, information important in prehistory or history. If you are unsure, please contact SHPO (860-500-2337 or at Todd.Levine@ct.gov).

d. Hazardous Materials – It is the grantee’s responsibility to investigate the possible existence of hazardous materials and evaluate their impact on the proposed project. Hazardous materials include, but are not limited to, lead based paint, asbestos containing materials, PCBs etc. If hazardous materials are present on the project site or in existing buildings, appropriate mitigation, remediation must be included in the scope of work, plans and specifications.

e. Approvals – The grantee shall review any factors in conflict with the use of the site or the planned project on the site to be developed or rehabilitated

(e.g. building lines, zoning regulations, local ordinances, codes or other pertinent regulations or restrictions). Particular attention should be given to projects that will involve a change in use. The grantee shall obtain all necessary local, state, federal and utility companies' approvals and any special permits, variances or waivers that may be required.

8. WAGE RATES (Please note updated language)

a. As per C.G.S. Sec. 31-53, municipal grantees shall pay prevailing wages rates on a Public Works Contract including contracts for off-site custom fabrication for any such public works projects. Under current law, the state or political subdivision must award the construction contract and be a party to the construction contract and not a mere grantor of funds for the project to require prevailing wage rates.

b. The provisions of C.G.S. Sec. 31-53 do not apply when the total project cost of all work to be performed by all contractors and subcontractors in connection with new construction of any public works project is less than

$1,000,000 or where the total cost of all work to be performed by all contractors and subcontractors in connection with any remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project is less than $100,000.

c. The DECD prevailing wage statute (C.G.S. § 31-53c) applies to construction contracts for projects of for-profit entities and municipalities that receive at least $1 million in financial assistance from DECD, and to construction contracts for projects of non-profit entities with a 501(c)(3) or

501(c)(6) federal tax status that receive at least $1 million in financing from

DECD and have a total project cost over $10 million. (C.G.S. § 31-

53c(a)(1)).

Financial assistance: any and all forms of loans, cash payments (or grants), extensions of credit, guarantees, equity investments, tax abatements, or any mailto:Todd.Levine@ct.gov other form of financing totaling one million dollars or more. (C.G.S. § 31-

53c(a)(2)).

Project: any construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any property owned by a business organization. (C.G.S. § 31-53c(a)(3)).

d. As per C.G.S. Sec. 31-53c, any business organizations that receives

DECD financial assistance totaling one million dollars or more, shall pay prevailing wages rates for any construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any property owned by a business organization.

Construction contracts for projects that include leasehold improvements to a structure that is NOT owned by the business organization is not required to pay prevailing wage rates (C.G.S. § 31-53c(a)(3)).

Business organization: any sole proprietorship, partnership, corporation, LLC, association, firm or other form of business, municipality, regional council of governments, Connecticut brownfield land bank or economic development agency, as defined in section 32-760, or other legal entity, but excludes any organization that is exempt from taxation under Section

501(c)(3) of the Internal Revenue Code of 1986 or that is a chamber of commerce under Section 501(c)(6) of said Internal Revenue Code, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and that (A) accepts financial assistance for a project as defined in this section, and (B) such project is valued at not more than ten million dollars and is not for the purposes described in subsection

(f) of this section. (C.G.S. § 31-53c(a)(1))

e. C.G.S. § 31-53c applies to construction contracts for the entire project, including the part(s) not funded by DECD, except when DECD provides financial assistance for the purpose of remediation, demolition or abatement of pollution in buildings, soil or groundwater separately from any DECD financial assistance for redevelopment activities on the site, then only the construction contracts for those portions of the project are subject to prevailing wage. (C.G.S. § 31-53c(f)).

f. When the DECD prevailing wage statute applies for projects, general contractors, subcontractors, and/or construction managers will be required to submit monthly certified payroll records to the DECD Funding

Recipient (for-profit or non-profit clients) that contain among other items, a signed statement from the employer that (a) the records are correct, (b) the employer met the prevailing wage law's requirements, and (c) the employer understands the penalties for knowingly filing false payroll records. The DECD Funding Recipient shall keep records satisfactory to

DECD and hold DECD harmless in any disputes regarding Conn. Gen.

Stat. Sec. 31-53c (C.G.S. § 31-53(f)).

Please refer to http://www.ctdol.state.ct.us/wgwkstnd/prevailwage.htm for further guidance.

g. When Prevailing Wage Rates are required, the construction contract shall contain the following provision:

"The wages paid on an hourly basis to any person performing the work of any mechanic, laborer or worker on the work herein contracted to be done and the amount of payment or contribution paid or payable on behalf of each such person to any employee welfare fund, as defined in subsection (i) of section 31-53, shall be at a rate equal to the rate customary or prevailing for the same work in the same trade or occupation in the town in which such construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair project is being undertaken. Any contractor who is not obligated by agreement to make payment or contribution on behalf of such persons to any such employee welfare fund shall pay to each mechanic, laborer or worker as part of such person's wages the amount of payment or contribution for such person's classification on each pay day.”

h. Each contractor for a construction contract subject to prevailing wage under C.G.S. § 31-53c shall annually contact the Department of Labor for updated prevailing wage rates to be effective each July first for the duration of the contract. (C.G.S. § 31-55a).

i. The State Department of Labor's Wage and Workplace Standards Division

(860-263-6454 or at mary.toner@ct.gov) can be contacted for assistance in determining the prevailing wage rate.

j. Where federal funds are involved, Davis-Bacon Act rates may apply.

Consult the funding source agency for confirmation.

9. CHRO REQUIREMENTS (Please note updated language)

a. The grantees and their contractors will need to comply with Sections 4a-60, 4-60a, 4a-60g, 46a-68b to 46a-68f of the Connecticut General Statutes

(C.G.S.) and Sections 46a-68j-21 through 43 of the Regulations of

Connecticut State Agencies, as applicable. Consult your Project Manager for assistance and the following for related required documents: Contract

Compliance Forms and Reports.

b. Effective October 1, 2025 Good Faith Efforts (GFE) Plans (long or short form) have replaced Set-Aside and Affirmative Action Plans. The thresholds have also changed (please see details below). In addition, Spending Allocation Goals

(SAGs) replace set-aside percentages. An overview of the changes has been provided on Page 23.

Additional changes are expected July 1, 2026 – please visit the CHRO Contract

Compliance Program Website for current information:

http://www.ctdol.state.ct.us/wgwkstnd/prevailwage.htm mailto:mary.toner@ct.gov https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports

c. For municipal public works projects (valued over $50,000 if contract executed before October 1, 2025 or valued over $150,000 if executed ON or AFTER October 1, 2025) State law requires a minimum Spending

Allocation Goal (SAG) of twenty-five (25%) percent of the state-funded portion of the contract for award to subcontractors holding current certification as Small Business Enterprises (“SBE”) from the Connecticut

Department of Administrative Services (“DAS”). A minimum SAG of

6.25% of the state-funded portion for subcontractors holding current DAS certification as Minority-, Women-, and/or Disabled-owned businesses

(“M/W/DisBE”). The contractor must demonstrate good faith effort to meet the 25% SAG. The contractor, general contractor, construction manager at risk must make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such projects.

DECD funding recipients must notify CHRO of project SAGs before bids are released on behalf of the DECD as a mandatory requirement. All award notifications and requests to execute are to be sent to:

CHRO.AwardNotification@ct.gov.

Good Faith Efforts Short Form Plan & Good Faith Efforts Long Form Plan can be found under the Forms and Reports for Construction Contractor Section at the following websites: https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports

The following is a breakdown of Good Faith Effort (GFE) Plan requirements:

For contracts executed BEFORE October 1, 2025:

• General Contractor:

o Only the General Contractor is required to submit the GFE plan o If the total state funding is less than $50K, no plan is required.

o If the total state funding is $50K-$999,999, the GFE Short

Form Plan is required.

o If the total state funding is $1M or more, the GFE Long Form

Plan is required.

• Construction Manager:

o The Construction Manager is required to submit the GFE Long

Form Plan.

o In addition, the following applies to the prime contractor for each bid package:

▪ If the total state funding is less than $50K no plan is required.

https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports mailto:CHRO.AwardNotification@ct.gov https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports

▪ If the total state funding is $50K or more, the GFE

Short Form Plan is required.

For contracts executed ON of AFTER October 1, 2025:

• General Contractor:

o Only the General Contractor is required to submit the plan o If the total state funding is less than $150K, no plan is required.

o If the total state funding is $150K-$999,999, use the GFE Short

Form Plan.

o If the total state funding is $1M or more, use the GFE Long

Form Plan.

• Construction Manager o The Construction Manager is required to submit the GFE Long

Form Plan.

o In addition, the following applies to the prime contractor for each bid package:

▪ If the total state funding is less than $150K (for the particular bid package) no plan is required.

▪ If the total state funding is $150K or more (for the particular bid package), the GFE Short Form Plan is required.

Failure to file plans, meet deadlines, or make good faith efforts will be subject to enforcement that may lead to:

• Withholding of contract payments

• Disqualification from future bidding

• Civil penalties and legal action by CHRO

d. Please see language that must be included in bid notifications/documents under Section 14, Advertising Your Project.

e. Federal Financing (EDA, UD, CDBG, etc.) carries its own

Minority/Women's contracting requirements. The DECD grantee must comply. The granting sources will provide instructions.

10. OTHER STATE AGENCY PREQUALIFICATIONS/PERMITS (DAS &

DEEP)

a. DAS: Municipal contracts for the construction or renovation of a public works project, where the estimated value is $1,000,000 or greater, will need to comply with C.G.S. Sec. 4b-91. In such cases the contractors must be pre-qualified by the State of Connecticut Department of

Administrative Services (DAS). When applicable, this requirement will need to be included in the Invitation to Bid as a prerequisite for selecting the Lowest Responsible and Qualified Bidder.

• "Prequalification" means prequalification issued by DAS to bid on a contract or perform work pursuant to a contract for the

• demolition of any public building or any other public work by the state or a municipality.

• It is permissible to use AIA form A305, Contractor's Qualification

i. Statement, as a prerequisite to bidding, provided prequalification

ii. Does not prevent minority/women owned firms from bidding.

iii. Consult your architect.

b. DEEP (To Undertake Remediation Contract Work Funded by DECD):

• Effective October 23, 2025, all contractors and contractor entities working on ground remediation work or projects funded by DECD must be registered under DEEP’s General Permit For Registered

Existing Release Response Contractors prior to beginning any remediation work.

• To register – please complete the Registration Form. Follow the instructions. DEEP typically issues an Approval of

Registration within 30 days of receiving a complete application and fee.

• Please note that this registration under the General Permit pertains only to existing (historical) releases and does not authorize emergency spill response work, cleanup of PCB contamination over

10 parts per million (or subject to TASCA), or remediation of releases to surface water or groundwater. For more info on the

General Permit, please see the Fact Sheet.

• Each registration is valid for a period of two (2) years. Renewals must be submitted 60 days before expiration. A fee of $1,000 applies to initial registration and renewals.

• For further details, see DEEP’s Permit Webpage.

11. BID PACKAGE SUBMISSION REQUIREMENTS:

a. All construction plans, specifications, and instructions to bidders must be prepared by a licensed professional engineer or architect.

b. A draft bid package, including plans and specifications must be submitted to the Department of Economic and Community Development (DECD) for review not less than two weeks prior to advertisement. The project design professional should submit a project cost estimate as part of the package.

c. Where applicable, CONNDOT Form 816 (Specifications for Roads, Bridges, and Incidental Construction) is a suitable substitute for construction and materials specifications.

https://portal.ct.gov/-/media/deep/permits_and_licenses/waste_general_permits/general-permit-release-response-contractor-for-issuance.pdf?rev=5147750cee844ec0a64e68d6b13a9f4d&hash=EE465A44AEE6E616878C37B325875260 https://portal.ct.gov/-/media/deep/permits_and_licenses/waste_general_permits/general-permit-release-response-contractor-for-issuance.pdf?rev=5147750cee844ec0a64e68d6b13a9f4d&hash=EE465A44AEE6E616878C37B325875260 https://portal.ct.gov/deep/permits-and-licenses/permits-to-act-as-a-contractor-to-contain-or-remove-or-otherwise-mitigate-the-effects-of-a-release https://portal.ct.gov/-/media/deep/permits_and_licenses/waste_general_permits/instructions_to-register-for-gp-spill-response-contractor.pdf?rev=7e085c140b7746ac925a5bcda5918e24&hash=EDF7644CC5E036B9857F3E870D5D43F5 https://portal.ct.gov/-/media/deep/permits_and_licenses/waste_general_permits/fact-sheet_gp-release-response-contractor.pdf?rev=f64622352b514b23b2eb329be7a84bb5&hash=F0E9BB4BA2F75794B218478F35EF77E0 https://portal.ct.gov/deep/permits-and-licenses/permits-to-act-as-a-contractor-to-contain-or-remove-or-otherwise-mitigate-the-effects-of-a-release

d. The Bid Package should clearly state the terms and conditions for bidding the project.

12. BIDDING, CONTRACTING & CONSTRUCTION REQUIREMENTS FOR

CERTAIN MINOR PROJECTS ($250,000 OR LESS)

a. If notified by the DECD Project Manager, for certain projects with a total project cost of $250,000 or less, the grantee may be requested to self monitor the implementation of a project including the procurement of the contractors. In such cases the grantee will be required to certify that the project is in compliance with DECD design, bidding, contracting and construction monitoring requirements. Unless specifically waived by

DECD, the grantee’s design professional must have the proper professional credentials, i.e. professional engineer or registered architect. It will be the responsibility of the grantee to certify and submit the appropriate documentation during the pre-bid phase, construction phase and close-out phase of the project. The grantee will be required to provide the DECD with the following signed certification documents before the Assistance

Agreement Contract between the DECD and the grantee is executed:

b. Construction Bid Package, Drawings, and Specifications Compliance

Certification (page 27)

c. Construction Monitoring & Close-out Compliance Certification (page 28)

13. MATERIAL AND SERVICES

a. Many State Department of Administrative Services (DAS) service contracts are available to municipalities and 501(c) Non-Profits for use at the following site:

• CTsource Contract Board

b. If this method is utilized, the DECD grantee must provide the DECD with the DAS Contract number and the latest pricing within the service contract demonstrating that they select the lowest priced contractor. If the lowest priced contractor is unavailable, then the next lowest priced contracted should be contacted.

c. In cases where the total estimated material cost is below $25,000, fax, email or letter solicitation for prices is acceptable. However, the DECD grantee must solicit at least three quotations for material.

d. Individual physical development contracts under $10,000 in value shall not be subject to competitive bid requirements.

https://portal.ct.gov/das/ctsource/contractboard?language=en_US

14. ADVERTISING YOUR PROJECT

The DECD grantee is responsible for notifying the DECD of the Bid Opening date, time, and location as soon as it is determined.

In cases where the total project cost is below $150,000, bids may be solicited by letter, fax or email. However, the DECD grantee must solicit at least three quotations for such project.

Public Works Projects (on behalf of Municipalities)

a. Grantees of municipal public works contracts, where state-funding is

$150,000 or more, are required to post the Invitation to Bidders on the State

Contracting Portal for a minimum of five (5) business days. The DAS

Contracting Portal, where grantees can post an Invitation to Bidders, is located at http://das.ct.gov/Portal

b. These grantees can also run a notice in the…