Snow_and_Ice_Control.pdf

Justin Elicker Mayor Malinda M. Figueroa

Shawn J. Garris

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/newhavenct

BUREAU OF PURCHASES

Department of Finance

City of New Haven

200 Orange Street, Rm 301

New Haven, CT 06510

Malinda M. Figueroa

Purchasing Agent

Shawn J. Garris

Deputy Purchasing Agent

Table Of Contents

1. Project Summary

1.1. Summary

1.2. Timeline

1.3. Procurement Contact

2. Instruction to Respondents

2.1. How to Use OpenGov: Educational Resource

2.2. NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT

2.3. Electronic Submission and Delivery Instructions

2.4. Separation of Proposal and Pricing/ Budget Proposal

2.5. Confidentiality

2.6. Alternate Responses

2.7. Pre-Proposal Meeting

2.8. Bid Bonding

2.9. Definitions

3. City Requirements

3.1. Equal Employment Opportunity

3.2. Non-Collusion Affidavit of Proposer

3.3. Ban The Box Agreement

3.4. Certificate of Non-Arrearage

4. General Requirements

4.1. Sample Contract

4.2. Change Order Management-Amendment

4.3. Local Preference

4.4. No Purchase Order -No Payment Policy

4.5. E-Invoice Submission

4.6. Acceptance of Conditions

4.7. City of New Haven Living Wage Ordinance

4.8. Error and Omissions

4.9. Patent Fees; Patent, Copyright; Trade Secret, Trademark Fees

4.10. Taxes

4.11. Request for Taxpayer Identification number and Certification (IRS Form W-9)

4.12. Limitation on Liability

4.13. Insurance Requirements

4.14. Availability of Funds

4.15. Addenda

4.16. Reservations

4.17. Documents to be construed together

4.18. RFP not Contractual

4.19. Protest

5. Awarding of Contract

5.1. Review and Award

5.2. Contract Duration

5.3. Notice to Proceed

5.4. Payment Policy

5.5. No Purchase Order – No Payment Policy

5.6. Termination of Contract

5.7. Price Adjustments

6. Submittal Instructions

6.1. Early Preparation for submission

6.2. Vendor Registration Instructions & Customer Service information:

6.3. OpenGov Technical Support

6.4. Electronic Submission and Delivery Instructions

6.5. Follow these steps to submit your proposal digitally

6.6. Withdrawal of Proposal

7. Project Details

7.1. Proposal Specifications

7.2. Evaluation Criteria

7.3. Response Submittals

7.4. Attachments

Attachments:

A - 9a-Exhibit _RFP Standard Form of Agreement - City of New Haven

B - 9b-Exhibit_ RFP Standard Terms Part II - City of New Haven

C - EEOC_Vendors_Notice of Fees

D - Minimal Vehicle Requirements

1. Project Summary

1.1. Summary

Project name:Snow and Ice Control

Project #:2025-CRFP-CNH-272

Department:Public Works

The Department of Public Works is seeking experienced snow removal equipment and operators to supplement City efforts in snow and ice control, removal, and material spreading for the 2025-2026 season.

Local Preference: Yes

Bid Bond Required: No, Bid Bond is not applicable to this project.

Living Wage Rate: NO VALUE

State Wage Rate: No

Federal Wage Rate: No, project is not construction and federal wage rates are not required

1.2. Timeline

Release Project Date: September 18, 2025

Question Submission Deadline: September 25, 2025, 5:00pm

Response Submission Deadline: October 7, 2025, 11:00am

1.3. Procurement Contact

Prajna Mishra

Procurement Specialist

200 Orange st

New Haven,CT,06510

2. Instruction to Respondents

2.1. How to Use OpenGov: Educational Resource

Instructions for the using the City's eProcurement System (OpenGov): The following link will help you Get

Started (https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9) and will include vendor guides for using the system. Below are additional screen shots for support.

All Video Guides: OpenGov Procurement Vendor Training

1. New Supplier Account

2. Submit a Bid or Proposal

3. Updating Your Company Designation on a Solicitation

4. Vendor Selection of Category Codes

5. How To Subscribe To Organizations And Find Active RFPs & Bids

6. Login Process

7. How to Edit or Withdraw your Proposal after it's been Submitted

8. How to Submit a Question

9. Viewing Bid Results

Video Trainings

2.2. NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT

All responses to this Request for Proposal (RFP) accepted by the City of New Haven (City) shall become the exclusive property of the City. At such time originating department recommends all proposals accepted by the

City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e.

regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the Connecticut Public Records

Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

2.3. Electronic Submission and Delivery Instructions

Parties interested in responding are required to submit proposals electronically through the City of New

Haven's eProcurement Portal no later than 11:00 am on Tuesday, October 7, 2025. Please upload sufficiently https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9 https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9 https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9 https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed https://opengov.my.site.com/support/s/article/dceacbcf-203c-4b0d-aa57-550043bb0dc0 https://opengov.my.site.com/support/s/article/8e675a48-dad3-4759-9bae-6b4cb7970d21 https://opengov.my.site.com/support/s/article/2f7dbe3d-9f16-4179-8358-d55fdb37b858 https://opengov.my.site.com/support/s/article/fb581c18-5508-40d7-b714-c753af6514a1 https://opengov.my.site.com/support/s/article/f7fe1d1e-d79c-449a-ad8b-1d736d40b9cd https://opengov.my.site.com/support/s/article/a9d24d60-2ba1-4393-93c5-7512795f080e https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-7eade0776ebe https://opengov.my.site.com/support/s/article/12c62371-147b-45f4-9bcd-cf2ce5f58259 https://opengov.my.site.com/support/s/article/1323740f-ec46-48ee-a820-954bdd03f739 https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed early electronically through the City's eProcurement Portal before the time and day listed in the Notice

Inviting Proposals. Proposals must be received in the system prior to the deadline.

The Price Proposal if requested must include all costs associated with the Proposal as described in the Price

Proposal instructions in Response Submittals

The Proposal should disclose your approach in as much detail as possible, including, but not limited to, the requirements of the proposal instructions. Along with all required forms and submittals (See Attachments )and

Response Submittals. No Pricing shall be included in this part.

Proposals received after the Proposal Deadline may not be accepted by the

City.https://procurement.opengov.com/portal/newhavenct

2.4. Separation of Proposal and Pricing/ Budget Proposal

The proposal must be prepared in two parts: a "Proposal" and a "Pricing/Budget." Each of the parts shall be separate and complete in itself so evaluation of one may be accomplished separate from the evaluation of the other.

1. The Price Proposal must include all costs associated with the Proposal as described in the Pricing Proposal instructions in the “Response Submittals.”

Parties interested in responding are required to submit their Price Proposal with their proposal through the

City's eProcurement Portal.

The pricing must include the total price proposed to accomplish all the performance and deliverables requested in this RFP, and offered by your firm. Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The price proposal shall describe both the total and the detailed price for which the consultant will commit to complete the total scope of work and end products. The price proposal detail shall describe costs for each professional’s time, for the completion of each proposed task, and for all materials and supplies.

The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. Costs shall include the proposed costs and, if necessary, the approximate number of hours to provide the services as described in your proposal. Any additional fees outside the scope of the agreement must be approved in writing before commencing services for said fees. Vendor’s RFP response must be inclusive of all costs and expenses associated with travel, lodging, and any other incidental costs. The

City will not separately reimburse costs not included in the proposal.

2. The Proposal should disclose your approach in as much detail as possible, including, but not limited to, the requirements of the technical proposal instructions. Along with all required forms and submittals (See

#Attachments, and Response Submittals. No Pricing shall be included in this part.

Reference SAMPLE PRICE PROPOSAL.

https://procurement.opengov.com/portal/newhavenct/projects/199070/document?section=1858161 https://procurement.opengov.com/portal/newhavenct/projects/199070/document?section=1858127 https://procurement.opengov.com/portal/newhavenct/projects/199070/document?section=1858161 https://procurement.opengov.com/portal/newhavenct https://procurement.opengov.com/portal/newhavenct/projects/199070/document?section=1858161 https://procurement.opengov.com/portal/pasadena/projects/199070/document?section=undefined https://procurement.opengov.com/portal/newhavenct/projects/199070/document?section=1858161

Reimbursable cost schedules shall depict only those expenditures that are exclusive to and in support of the scope of services. The proposed reimbursable cost schedule shall include a detailed list of reimbursables.

A contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 2 CFR Part 200.(if federally funded)

Each Proposer must submit a PRICE Proposal containing all costs associated with the proposal. Proposer’s lump-sum price for performing all services and work called for in the SCOPE OF WORK. The Proposer’s lump-sum price shall include, without limitation:

• all designs, equipment, materials, labor, insurance and bond premiums, home office, jobsite, and other overhead, profit and services relating to the Proposer’s performance of its obligations under the

Contract (including all work, equipment, materials, labor, and services provided by subcontractors and intellectual property rights necessary to perform the work);

performance of each and every portion of the work

• all costs of obtaining Government approvals other than Government approvals that are the responsibility of the City of New Haven;

• all costs of compliance with Government rules, except to the extent such compliance is the responsibility of the City of New Haven;

• all taxes, duties, permits, and other fees or royalties incident to the performance of the SCOPE OF

WORK;

payment of all salaries, wages, benefits, and expenses of the Proposer’s employees;

compensation for all risks, liabilities, and contingencies assigned to the Proposer; and

• all other costs needed or incurred to complete the Project.

2.5. Confidentiality

The City will redact any information clearly labeled and identified as proprietary by the respondent before releasing it in response to a Freedom of Information (FOI) request. City of New Haven staff will not discuss this proprietary material or the review process with anyone outside of the City of New Haven who are directly involved in overseeing the program or project. All inquiries regarding the review process of this project must be directed to the designated City staff in charge of the review

2.6. Alternate Responses

No alternate responses will be considered unless alternate responses are specifically requested by the City.

2.7. Pre-Proposal Meeting

See the "Timeline" in Project Summary. If there is a Mandatory pre-proposal meeting, bidders/proposers are required to attend at the time, date, and location included in the Timeline. If there is a Non-Mandatory pre-proposal meeting, bidders/proposers are not required to attend.

Each bidder/proposer will have the opportunity to clarify and ask questions regarding the Specifications. The

Pre-Proposal Meeting will be held at the time, date, and location in the Timeline of this solicitation.

2.8. Bid Bonding

A certified cashier check payable to the City of New Haven; negotiable U.S. Government Bonds (at par value);

or a satisfactory Bid Bond or Electronic Bid Bond, executed by the Bidder, and an acceptable surety in an amount equal to five percent (5 %) of the total bid, shall be submitted with each bid that is in excess of $100,000. Bids, which fail to contain bid security, as stated, will be rejected as non-responsive. Bonds are due at the time of a solicitation opening.

Hardcopy Bid Bonds & Certified Cashier Check will be accepted by the City until December 31, 2025. Vendor must use the bid form attached in the submittal section of this solicitation package, no other format accepted. The use of AIA Bid Surety Forms are not accepted by the City of New Haven, your submission will be rejected.

The Bureau of Purchases for City of New Haven, CT prefers electronic Bid Bond transactions, and the verification/authentication systems. Using internet bid bonding application is a more efficient method for

Contractors to provide and protect their bid security, eliminates erroneous bid disqualification, and supports the Bureau’s e procurement platform. All sureties and surety agents are can utilize these systems.

The Bureau of Purchases for the City of New Haven, CT is using “Surety 2000” & “Tinubu Surety” to validate the contractors bid bond. It will be the bonding agent’s job to access Surety 2000 or “tinubu Surety” prior to the bid opening and request a bid bond for each project that the contractor is bidding. You should apply ten(10) days prior to the project closing on the portal. The validation of a bid bond will be in the form of a digital code. The bonding agent must pass this digital code to the vendor, who in turn includes it's in with their bid submittal.

Surety 2000 and tinubu are Internet-based surety processing, verification and security system, developed in cooperation with the surety industry. Contractors and Surety Agents may contact:

Surety 2000 toll-free at: 1-800-660-3263 or visit their website at www.surety2000.com for more information.

tinubu at 1-818-783-3460 or visit their web site at https://www.tinubu.com/surety https://procurement.opengov.com/portal/newhavenct/projects/199070/document?section=1858112 http://www.surety2000.com/

The City of New Haven, CT would like to invite and encourage all bidders to participate in electronic bonding

. Please encourage your bonding agent to contact Surety 2000 or tinubu There is no special software or hardware required to use this internet based system.

2.9. Definitions

The words (A) "City", (B) "Department", (C) "Director", or (D) "Contractor", as used in this RFP, shall be understood to refer respectively to (A) the City of New Haven, Connecticut; (B) the departments therein; (C) the directors of the several City departments; or any of their properly authorized designee ; and ( D) the person, firm or corporation with whom the contract is made by said City or the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said contract.

3. City Requirements

3.1. Equal Employment Opportunity

During the performance of an agreement or contract, the Awardee agrees as follows:

a. To comply with all provisions of Executive Order 11246 and Executive Order 11375, Connecticut Fair

Employment Practices Act, and the contract compliance ordinance of the City of New Haven, including all standards and regulations which are promulgated by the government authorities who established such acts and requirements, and all standards and regulations are incorporated herein by reference;

b. Not to discriminate against any employee or applicant for employment because of race, color, religion, age, sex, physical disability or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, color, religion, sex, age, or national origin and physical handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship;

c. To post, in conspicuous place available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause;

d. To state, in all solicitations or advertisement for employees placed by or on behalf of the contract, that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, physical disability or national origin;

e. To send to each labor union representative of workers with whom it has a collective bargaining agreement, or other contract or understanding, a notice advising a labor union or worker's representative of the contractor's commitments under the equal opportunity clause of the City of New Haven, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor shall register all workers in the skilled trades, who are below the journeyman level, with the

Apprentice Training Division of the Connecticut State Labor Department;

f. To utilize labor department and city sponsored manpower programs as a source of recruitment and to notify the contract compliance unit and such programs of all job vacancies;

g. To take affirmative action to negotiate with qualified minority contractors for any work which may be proposed for subletting, or for any additional services, or work which may be required as a result of this contract;

h. To cooperate with city departments in implementing required contract obligations for increasing the utilization of minority business enterprises;

i. To furnish all information and reports required by the Contract Compliance Director pursuant to section

12 1/2 -1, 12 1/2-19 through section 12 1/2-32, 12 1/2-48 through 12 1/2-52 and to permit access to his books, records and accounts by the contracting agency, the Contract Compliance Officer, and the Secretary of

Labor for purposes of investigation to ascertain compliance with the program;

j. If such contractor employs three or more employees to refrain from paying such employees dues and related expense for clubs that restrict membership use of their facilities on the basis of race, color, sex, religion, national origin or ancestry;

k. To take such action, with respect to any subcontractor, as the City may direct as a means of enforcing the provisions of sub-paragraphs (a) through (m) herein, including penalties and sanctions for noncompliance, provided however that, in the event the contractor becomes involved or threatened with litigation as a result of such direction by the City, the City will intervene in such litigation to the extent necessary to protect the interest of the City and to effectuate the City's Equal Employment Opportunity Program, in the case of funded directly or indirectly, in whole, or in part, under one or more Federal Assistance Programs, the contractor or the City may ask the United States to enter into such litigation to protect the interest if the United States;

l. To file, along with his subcontractors, if any, compliance reports with the City in the form and to the extent prescribed in the contract by the Contract Compliance Director of the City of New Haven. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the contractor and his subcontractors, if any;

m. To include the provisions of sub-paragraphs (a) through (m) of this Equal Opportunity Clause in every subcontract or purchase order so that said provisions will be binding upon each such subcontractor or vendor;

n. That a finding, as hereinafter provided, of a refusal by the contractor, or subcontractor, to comply with any portion of this program as herein stated and described, may subject the offending party to any or all of the following penalties:

1. Withholding of all future payments under the involved public contract to the contractor in violation until it is determined that the contractor, or subcontractor, is in compliance with the provisions of the contract;

2. Refusal of all future Bids for any public contract with the City of New Haven, or any of its departments or divisions, until such time the contractor or subcontractor, is in compliance with the provisions of the contract;

3. Cancellation of the public contract;

4. Recovery of specified monetary penalties;

5. In case of a substantial or material violation, or the threat of substantial or material violation of the compliance procedure or as may be provided in for by the contract, appropriate equitable or legal proceedings may be brought to enforce these provisions against contractors, subcontractors or other organizations, individuals or groups who directly or indirectly are not in compliance with the policy herein outlined.

3.2. Non-Collusion Affidavit of Proposer

1. I am the owner, partner, agent, officer, member or representative, of the bidder/proposer of the submitted solicitation and;

2. I am fully informed respecting the preparation and contents of the attached solicitation and of all pertinent circumstances respecting such Proposal;

3. Such Proposal is genuine and is not collusive or a sham Proposal;

4. Neither the said Proposer nor any of its officers, partners, owners, agents, members, representative, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted or to refrain from

Proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit or cost element of the

Proposal prices or the Proposal price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of New Haven or any person interested in the proposed Contract;

5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, members employees, or parties in interest, including this affiant; and

6. That no Alder or other officer or employee or person whose salary is payable in whole or in part from the

City Treasury is directly or indirectly interested in the Proposal, or in the supplies, materials, equipment, work, or labor to which it relates, or in any of the profits thereof.

3.3. Ban The Box Agreement

The City of New Haven is subject to Ordinance #1585 (2/17/2009) which prohibits unfair discrimination in City hiring policies against persons previously convicted and provides a mechanism to ensure that persons and businesses supplying goods and/or services to the City of New Haven have adopted and employ fair hiring policies and practices that are consistent with the City’s goal of removing obstacles to the employment of persons with prior convictions.

Accordingly, during the performance of this contract, the Contractor agrees as follows:

(A) Vendors doing business with the City of New Haven shall adopt and employ conviction history policies, practices, and standards that are consistent with City standards further detailed in the attached ordinance.

The Vendors' criminal history standards will be part of the criteria to be evaluated by the City as to whether to award a City contract. Further, the City will be able to evaluate a Vendor's execution of the criminal history standards as a part of the performance criteria of said City contract(s); the Awarding Authority, in consultation with the Office of Corporation Counsel and the Community Services Administration, shall consider any

Vendor's deviation from these criminal history standards as grounds for rejection, rescission, revocation, or any other termination of the contract.

(B) Under exigent circumstances, an Awarding Authority, by its highest ranking member, in consultation with the Office of Corporation Counsel and the Community Services Administration, may grant a Vendor a waiver of the criminal history standards on a contract-by-contract basis. A written record of the waiver shall be kept on file by the Awarding Authority, the Community Services Administration and the Office of

Corporation Counsel, and shall also be submitted to the City of New Haven Commission of Equal

Opportunities. The written record shall include, but not be limited to: (a) a summary of the terms of the contract, (b) the details of the Vendor's failure or refusal to conform to the City's criminal history standards, and (c) a brief analysis of the exigency causing the grant of waiver. No waiver may be considered perfected unless the Awarding Authority fully complies with the provisions of this sub-section.

(C) A Vendor may contact the Community Services Administration to report any problems, concerns or suggestions regarding the implementation, compliance and impact of these sections, and the Community

Services Administration shall log every comment received with a summary of the comment and shall keep on file any written comments. Subsequent to logging any comment the Community Services Administration shall refer all complaints to the Office of the Corporation Counsel and shall notify the relevant Awarding Authority of the complaint and any further investigation that the Community Services Administration in consultation with the Office of Corporation Counsel deems necessary or appropriate.

3.4. Certificate of Non-Arrearage

I am the owner, partner, agent, officer, member or representative, of the bidder/proposer of the submitted solicitation and Neither the Bidder/Proposer, nor its subcontractors are in arrears to the State of Connecticut

Second Injury Fund.

4. General Requirements

4.1. Sample Contract

A sample of the contract the successful vendor will be required to enter into with the City is attached (

Attachments)hereto and by this reference incorporated herein and made part of this solicitation.

4.2. Change Order Management-Amendment

Any additional work identified during the course of the project that is deemed necessary, but outside the original Scope of Services, must be recorded as a Change Order and approved by the City in writing before work is started.

4.3. Local Preference

The City of New Haven is committed to promoting the economic health and well being of its residents. To this end, contractor agrees to recruit New Haven residents initially and to give them preference, if all other factors are equal, for any new positions that result from the performance of this contract and which are performed within the City.

A. For this section, "City Based Business" shall mean a business with a principal place of business located within the City of New Haven. A "City Based Business” shall maintain such status throughout the term of any Contract with the City. Failure to maintain such status shall be grounds for the City to terminate said Contract.

B. To be considered a City Based Business you must submit satisfactory proof to the Purchasing Agent of your current City of New Haven address. Some examples of proof include are, but not limited to:

1. Proof of payment of City of New Haven Real Estate tax bill(s)

2. A current, long term lease in the City of New Haven

3. Proof of payment of City of New Haven personal Property tax bill(s)

Sec. 2-483. - Preference for city-based businesses.

(a)For the purpose of this section "city-based business" shall mean a business with a principal place of business located within the City of New Haven. A business shall not be considered a "city-based business" unless evidence satisfactory to the purchasing agent has been submitted with each bid to establish that said business has its bona fide place of business in New Haven. Such evidence may include evidence of ownership of or a long-term lease of the real estate from which its place of business is operated, or payment of property taxes on the personal property of the business. A "city-based business" shall maintain such status throughout https://procurement.opengov.com/portal/newhavenct/projects/199070/document?section=1858127 the term of any contract with the City of New Haven. Failure to maintain such status shall be grounds for the city to terminate said contract.

(b)On any contracts or purchases the lowest responsible bidder shall be determined in the following order:(1)On contracts or purchases involving a total contract price of one million dollars ($1,000,000.00) or less: any city-based bidder that submitted a low bid not more than fifteen (15) percent higher than the lowest bid, provided such city-based bidder agrees to accept the award of the bid at the lowest bid amount. If more than one

(1) city-based bidder has submitted bids not more than fifteen (15) percent higher than the lowest bid and has agreed to accept the award of the bid at the lowest bid amount, the lowest responsible bidder shall be the city-based bidder that submitted the lowest bid.

(2) On contracts or purchases involving a total contract price of more than million dollars ($1,000,000.00) but less than five million dollars ($5,000,000.00): any city-based bidder that submitted a bid not more than ten

(10) percent higher than the lowest bid, provided such city-based bidder agrees to accept the award of the bid at the lowest bid amount. If more than one (1) city-based bidder has submitted bids not more than ten (10) percent higher than the lowest bid and has agreed to accept the award of the bid at the lowest bid amount, the lowest responsible bidder shall be the city-based bidder that submitted the lowest bid.

(3) On contracts or purchases involving a total contract price of more than five million dollars ($5,000,000.00):

any city-based bidder that submitted a bid not more than six (6) percent higher than the lowest bid, provided such city-based bidder agrees to accept the award of the bid at the lowest bid amount. If more than one (1) city-based bidder has submitted bids not more than three (3) percent higher than the lowest bid and has agreed to accept the award of the bid at the lowest bid amount, the lowest responsible bidder shall be the city-based bidder that submitted the lowest bid.

(4) The responsible low bidder.

4.4. No Purchase Order -No Payment Policy

https://www.newhavenct.gov/government/departments-divisions/purchasing-division/no-po-no-pay-policy

The City of New Haven has implemented a 'No Purchase Order, No Payment Policy’ effective July 1, 2019 to reduce cost overruns, unauthorized work, while automating the steps for payment of invoices. This means that without an official Purchase Order number and/or enough unencumbered funds available, payment of supplier invoices will be rejected or significantly delayed until the change order or adjustments can be processed and approved.

This policy aims to ensure that:

A. All spend shall be supported by an authorized PO prior to requesting the provision of goods/services.

https://www.newhavenct.gov/government/departments-divisions/purchasing-division/no-po-no-pay-policy

B. Efficient processes are implemented so that goods are delivered when required.

C. The recipient of the goods shall receipt in Munis as soon as the goods are delivered/services performed

(i.e. not upon receipt of the invoice);

D. Cost control is effective and therefore:

E. all expenditure incurred by the City of New Haven is valid and appropriately authorized; and

F. minimizing transactional costs associated with payment for goods and services.

4.5. E-Invoice Submission

Invoice Submission Portal

The invoice submission process is activated when an invoice is submitted through

NHInvoice@newhavenct.gov. Invoices submitted are automatically sent to the department being invoiced for review. Once the city department verifies its accuracy, the department will submit the invoice to Accounts

Payable for payment processing. One final review and approval by the department who was invoiced is needed in order for a check to be issued. Checks are issued Friday.

How to submit invoices to the City of New Haven?

Refer to the E-Invoice Submission Portal - for detailed instructions.

4.6. Acceptance of Conditions

By submitting a proposal, each respondent or proposer expressly agrees to and accepts the following conditions:

All parts of the Instructions to respondent or proposer and Specifications will become part of the Contract between the selected der or proposer and the City;

The City may require whatever evidence is deemed necessary relative to the respondent or proposer financial stability and ability to complete this project;

The City reserves the right to request further information from the respondent or proposer, either in writing or orally, to establish any stated qualifications;

The City reserves the right to solely judge the respondent or proposer representations, and to solely determine whether the respondent or proposer is qualified to undertake the project pursuant to the criteria set forth herein. The respondent or proposer, by submitting a response, expressly acknowledges and agrees https://www.newhavenct.gov/government/departments-divisions/purchasing-division/e-invoicing-policy that the judgment of the City as to whether or not the respondent or proposer is qualified to perform the project, shall be final, binding and conclusive;

The City reserves the right to reject all and waive any irregularity in any of the s, or cancel or delay the project at any time;

This solicitation process does not commit the City to award any contract, and the City is not liable for any costs incurred by the proposer in the preparation and submission of a response.

4.7. City of New Haven Living Wage Ordinance

If this purchase includes labor within the City, and the contract total is less than $150,000, it is then subject to the City of New Haven Living Wage Ordinance, City of New Haven Municipal Code Section 2-511. The ordinance requires that contractors providing labor or services to the City under yearly contracts in excess of

$25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the City.

The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate.

Failure to comply with the provisions of the New Haven Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in New Haven Municipal Code Section 2-514. Questions concerning the New Haven Living Wage Ordinance should be directed to:

Finance Department

Purchasing Division

203-946-8201- phone purchasing@newhavenct.gov– email

4.8. Error and Omissions

Bidders or Proposers shall not be allowed to take advantage of any errors or omissions in the Instructions to

Bidders/General Instructions or Specifications/Scope of Work. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.

4.9. Patent Fees; Patent, Copyright; Trade Secret, Trademark Fees

Each PROPOSER shall include in the price proposal any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work.

4.10. Taxes

Price Proposals shall exclude all federal, state, local and other taxes.

4.11. Request for Taxpayer Identification number and Certification (IRS Form W-9)

The winning proposal will be required to submit a completed and signed IRS Form W-9. Failure to submit this form may result in the response being deemed non-responsive.

Link: https://www.irs.gov/pub/irs-pdf/fw9.pdf

4.12. Limitation on Liability

Respondents acknowledge that they shall. provide the goods and/or services without monetary limitations on liability. If Respondents take exception to this requirement, Respondents shall expressly state any exceptions, including the proposed limits of liability, (a) in detail; (b) as a separate line item; and (c) not part of any form documents submitted. Respondents acknowledge that any exceptions may result in a finding of non-responsiveness

4.13. Insurance Requirements

Proof of insurance is not required to be submitted with your response unless specifically requested, but will be required prior to the City's award of the contract. Refer to the Insurance requirements in the "Insurance

Requirements" section of this document.

The City requires all contractual work to be insured as identified in the following sections.

The term “Contractor” and/or “subcontractor” as used in this section, shall mean, and include Contractors and subcontractors of every tier.

Each Solicitation, Agreement and/or Award will include a specific Risk Template which will detail all the insurance requirements for the project.

Any policies maintained by the contractor and its owned and/or rented equipment and materials shall contain a provision requiring insurance companies to waive their rights of subrogation against the City of New Haven

(Owner) and all other Indemnities named in the contract.

City of New Haven requires all contractors and vendors whose work or services may bring them into direct contact with youth under the age of 21 years to carry a minimum of $1 million in Abuse and Molestation insurance coverage.

Direct contact refers to situations where vendors directly interact with, supervise, or provide services to youth under the age of 21.

Examples of vendors subject to this requirement include:

Therapists

Medical professionals

Before and after-school program providers

Vendors excluded from this requirement include:

https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf

On-call facility-related repair services and construction services (e.g., plumbers, electricians, general contractors, roofers) who do not have direct contact with youth.

This requirement applies to all vendors working on projects within:

City of New Haven facilities

New Haven Public Schools (NHPS) facilities

Subcontractors

All subcontractors must provide General Contractor with a valid COI naming the City of New Haven as

Additional Insured with coverage and limits as required by the GC.

Certificates of Insurance

The successful bidder shall provide certificates with a minimum AM Best’s rating of “A-“VIII of insurance, showing coverage by an insurance carrier authorized by the State of Connecticut to write insurance in the

State. The certificates shall show the City as an additional name insured. Said certificate should contain the following endorsements.

PLEASE NOTE THAT ALL CERTIFICATES OF INSURANCE MUST INCLUDE:

A. The City of New Haven shall be named as an additional insured with subrogation.

B. Endorsement shall include the work description, Contract/Project name and location.

C. Insurance agent contact information, name, email and phone number

D. An endorsement that the insurance company will give at least thirty (30) days written notice to the City prior to any modification or cancellation of any such insurance coverage.

POLICY REVIEW AND APPROVAL

At the discretion of the City, the Contractor may be asked to submit to the City copies of insurance policies for review and approval. The City may, in writing, notify the Contractor of any disapproval of any such policies, and satisfactory policies shall be provided in place of those disapproved.

The Respondent shall submit an insurance certificate in addition to a copy of each policy if requested. The

Contractor shall require its subcontractors to obtain policies of similar insurance before each commences work. All such insurance shall be carried with financially responsible insurance companies, licensed in the State and approved by the City and shall be kept in force until the Contractor’s work is accepted by the City, which expire before the Contractor’s work is accepted by the City shall be renewed and submitted to the City for its approval.

A. Insurance will be required for the entire term of the contract. The insurance agent contact information(name , email, phone number) must be on the COI. COI are to be emailed to your project contact(see award notice) and NHpurchasingCOI@newhavenct.gov.

B. Renewal Certificates of insurance should email to support@certificical.com

Contractor/Vendor shall agree to always maintain in force during the contract the following minimum coverage and shall name the City of New Haven as an Additional Insured (1) on a primary and non-contributory basis to all policies except Workers Compensation and Professional Liability. All policies, except

Professional Liability, should also include a Waiver of Subrogation.

4.13.1. General Liability - Rider 100 With Snow/ Plow Contractor's Liability

Minimum Limits

(dollar amount indicates required minimum)

Additional

Insured

(Y indicates required)

Waiver of

Subrogation

(Y indicatesrequired)

Each Occurrence $1,000,000 Y Y

Combined

Aggregate

$2,000,000 Y Y

Products/Completed

Operations

Aggregate

$2,000,000 Y Y

4.13.2. Workers’ Compensation & Employers’ Liability (EL) - Statutory Limits

Minimum Limits

(dollar amount indicates required minimum)

Additional

Insured

(Y indicates required)

Waiver of

Subrogation

(Y indicatesrequired)

Workers'

Compensation

Statutory Limits

EL EACH $500,000 --- Y

EL DISEASE $500,000 --- Y

EL POLICY $500,000 --- Y

mailto:NHpurchasingCOI@newhavenct.gov mailto:support@certificail.com

4.13.3. Auto Liability (includes all owned, hired & non-owned autos)

(dollar amount indicates required minimum)

Additional

Insured

(Y indicates required)

Waiver of

Subrogation

(Y indicatesrequired)

Combined Single

Limit Each accident including endorsements

$1,000,000 Y Y

4.13.4. Excess/Umbrella Liability

(dollar amount indicates required minimum)

Additional

Insured

(Y indicates required)

Waiver of

Subrogation

(Y indicatesrequired)

Each Occurrence --$1,000,000 Y Y

Combined Aggregate --$1,000,000 Y Y

4.13.5. SNOW PLOW/ CONTRACTOR'S LIABILITY

A form of general liability tailored for snow removal operations, covering third-party injuries or property damage due to plowing. Auto Liability does NOT automatically provide this coverage. If scope of services requires snow plowing this endorsement MUST be listed on the COI.

4.13.6. Additional Information

If any policy is written on a “Claims Made” basis, the policy must be continually renewed for a minimum of two years from the completion date of this contract. If the policy is replaced and/or the retroactive date is changed, then the expiring policy must be endorsed to extend the reporting period for claims for the policy in effect during the contract for two) years from the completion date.

Original, completed Certificates of Insurance must be presented to the City of New Haven via Certificial prior to contract issuance. Contractor/Vendor agrees to provide replacement/renewal certificates at least 30 days prior to the expiration date of the policies. Should any of the polices be cancelled, limits reduced, or coverage altered, 30 days written notice must be given to the City.

4.13.7. Notes

• Additional Insured & Waiver of Subrogation boxes must be checked off on the COI.

• If contractor/vendor will be providing a service in proximity or serving youth under the age of 21, Abuse and Molestation coverage must be included.

• City of New Haven is the Certificate holder and the additional insured.

City of New Haven

200 Orange Street Rm 301

New Haven, CT 06510

4.14. Availability of Funds

The provisions of this Contract relating to payment for products or services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to for disbursement. The City shall be the sole judge and authority in determining the availability of funds under this

Contract. If any action is taken by the City, any state agency, Federal department or any other agency to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, the City may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, The City shall be liable for payment only for products provided or services rendered prior to the effective date of the termination, provided that such products or services were provided or performed in accordance with the provisions of this Contract.

4.15. Addenda

If any person contemplating submitting a proposal of the items or services listed herein is in doubt as to the true meaning of any part of this RFP, he/she may submit a question through the City's eProcurement Portal

Q&A section for an interpretation or correction thereof. Any written Inquiry for Clarification must be received seven (7) or more business days prior to the Closing Date. Any request received by the City after this deadline will not be given consideration.

We will endeavor to post Addendums regarding Inquires for Clarification, not less than five (5) calendar days prior to the Bid Closing Date and Time.

Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in this solicitation, above. Addenda (if any) shall be made available on the City's eProcurement system, and sent to each vendor included on the "Followers" list in the City's eProcurement system. A vendor's failure to address the requirements of any and all addenda may result in the response

(proposal or bid, or alike) not being considered. If the City determines that a time extension is required for the proposal, the City will issue an addendum that will give the new submission date. The vendor is responsible to register on the City's eProcurement Portal and follow the project named Snow and Ice Control in order to be included in the "Followers" list in the City's eProcurement system to insure they receive all documents including addendums which are available as a download.

The City reserves the right to change any part of these Instructions to PROPOSERS and Specifications any time prior to Deadline for Submissions. Any changes shall be in the form of addenda and will become a part of the

Proposal documents and of the contract.

4.16. Reservations

The City reserves the right to reject any and all proposals and any item or items therein, and to waive any non conformity of proposals with this RFP, whether of a technical or substantive nature, as the interest of the City may require.

4.17. Documents to be construed together

The Request for Proposals, the Proposal, the Non-Collusion Affidavit, and all documents referred to in the complete specifications and the Contract to be entered into between the Contractor and the City, and all modifications of said documents, shall be construed together as one document.

4.18. RFP not Contractual

Nothing contained in this Request for Proposals shall create any contractual relationship between the

PROPOSER and the City. The City accepts no financial responsibility for costs incurred by any PROPOSER regarding this RFP.

4.19. Protest

The procedures established hereunder shall be available to contractors with respect to a RFP/RFQ for the purpose of handling and resolving disputes relating to procurements hereunder. A protestor must exhaust all administrative remedies hereunder before pursuing a protest in any court of law. In the event you desire to protest an opening. You must submit by email at: purcashing@newhavenct.gov , Attention: Purchasing Agent your letter of protest within 24 hours of the opening date/time. The letter should include the following information:

• The name and address of the protestor

• The name and number of the procurement solicitation

• A detailed statement of the grounds for the protest, including relevant facts and citations to applicable laws or terms

• Supporting documentation

• The desired relief, action, or ruling sought by the protestor

A written decision will be returned to you from the Bureau of Purchases in a timely manner.

mailto:purcashing@newhavenct.gov

5. Awarding of Contract

5.1. Review and Award

A screening committee will determine which proposals are responsive to City requirements and needs. The technical portions of responsive proposals will be evaluated by a selection panel consisting of personnel from the City. The selection may be based solely on the written proposals submitted.

PROPOSERS may be invited to a meeting to provide additional clarification of the content of their proposal.

The City reserves the right to invite all of the PROPOSERS for an oral clarification OR only the top three (3) ranked firms based on the initial written proposal review. The meeting will not alter the selection criteria but will be used to clarify content of the proposal. The final scoring and ranking will be made after the meeting(s).

Proposals…