sealed request for proposal · 2019. 4. 25. · do not bind bid proposals. attach all materials...

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FINANCE DEPARTMENT

4 Brush Hill Road

New Fairfield, CT 06812-2665

(203) 312-5653 FAX (203) 312-5659

Sealed Request for Proposal

DATE BID OPENING: Thursday, May 8, 2019 TIME: 11:00 A.M.

LOCATION: Finance Office, 3, Brush Hill Road, New Fairfield, CT 06812

BID TITLE: “HVAC Preventative Maintenance & Repair Services.”

BID SECURITY REQUIRED: None BID NUMBER: 2019-20-PWD2R

PRE-BID MEETING Contact Lloyd Decker at 203-617-5960 to arrange a site visit

DATED IN NEW FAIRFIELD: April 17, 2019

Purchasing Agent

Pursuant to and in accordance with the Invitation to Bid, General Information for Bidders, and specifications

relating thereto, the undersigned offers to furnish all materials, labor, equipment, tools, supplies and other facilities

and means necessary or proper to repair HVAC service(s) within a designated area of New Fairfield, CT as

described in the specifications for the prices listed below:

SPECIFICATIONS FOR HEATING AND AIR CONDITIONING PREVENTATIVE MAINTENANCE &

REPAIR SERVICES FOR THE TOWN OF NEW FAIRFIELD

STANDARD BID AND CONTRACT TERMS AND CONDITIONS:

All Invitations for Bids issued by the Town of New Fairfield, Finance Department will bind Bidders to the terms and

conditions listed below, unless specified otherwise in any individual Invitation for Bids.

BID TIME:

All bids will be received at the office of the Purchasing Agent, 3 Brush Hill Road, New Fairfield, CT 06812, on Thursday,

May 8, 2019, at 11:00 A.M. Hand-carried bids must be submitted and logged in with the Purchasing Agent prior to the

advertised hour of opening, at which time all proposals will be publicly opened and read aloud. No bids will be accepted after

the advertised hour of opening.

BID INQUIRIES:

All questions regarding this bid or the specifications contained herein shall be directed to the Purchasing Agent at least ten (10)

days prior to the bid opening date. The Town of New Fairfield shall not accept responsibility for any information given by

Town employees outside the Purchasing Department unless previously authorized.

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STANDARD BID AND CONTRACT TERMS AND CONDITIONS:

BID SUBMISSION:

All bids must be submitted on the Town of New Fairfield Sealed Bid Request or Proposal forms provided. Under certain

conditions, bids submitted on facsimile or photocopies may be accepted. Bids submitted on retyped or rearranged formats shall

be rejected. All information that you wish to have considered must be submitted on the forms provided.

Bidders wishing to make alternate proposals must request additional forms. Bidders may reproduce bid documents for their

own use, but shall submit their proposals on the originals only.

Bidders are urged to read all documents carefully and fill in all information requested. Proposals which are incomplete,

obscure, or conditional, and which contain irregularities of any kind, may be rejected as informal. Bids based upon receipt of

entire award ("ALL OR NONE") will be considered conditional and shall be rejected.

Do not bind bid proposals. Attach all materials requested (i.e. bonds, checks, literature, etc.) directly to the Sealed Bid Request

or Proposal form. Bids must be submitted on forms supplied by the Town of New Fairfield’s Purchasing Agent. Telephone or

facsimile bids will not be accepted in response to an Invitation for Bids.

Incomplete bid forms may result in the rejection of the bid. Amendments to bids received by the Purchasing Agent after the

time specified for opening of bids shall not be considered. An original and one copy of the proposal schedule shall be

returned to Purchasing Agent. Bids shall be computer prepared, typewritten or handwritten in ink. Bids submitted in pencil

shall be rejected. All bids shall be signed by a person duly authorized to sign bids on behalf of the bidder. Unsigned bids shall

be rejected. Errors, alterations or corrections on both the original and copy of the proposal schedule to be returned must be

initialed by the person signing the bid proposal or their authorized designee. In the event an authorized designee initials the

correction, there must be written authorization from the person signing the bid proposal 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.

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.

Alternate bids will not be considered. An alternate bid is defined as one, which is submitted in addition to the bidder’s primary

response to the invitation for bids.

Prices should be extended in decimal, not fraction, to be net, and shall include transportation and delivery charges fully prepaid

by the Contractor to the destination specified in the bid, and subject only to cash discount.

Pursuant to Section 12-412 of the Connecticut General Statutes, the State of Connecticut is 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.

In the event of a discrepancy between the unit price and the extension, the unit price shall govern.

By its submission the Bidder represents that the bid is not made in connection with any other Bidder submitting a bid for the

same commodity or commodities and is in all respects fair and without collusion or fraud.

All bids will be opened and read publicly and upon award are subject to public inspection.

If it becomes necessary to revise any part of the RFP or these Specifications or otherwise provide additional information, an

addendum will be issued by the Owner and published on the Town of New Fairfield website www.newfairfield.org It is the

sole responsibility of the Vendor to consult the Purchasing Department or Town website (Invitation to Bid section)

prior to submittal of their final qualifications for any addendums to this request. Failure to acknowledge receipt of

amendments in accordance with the instructions contained in the amendment may result in the qualifications not being

considered.

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STANDARD BID AND CONTRACT TERMS AND CONDITIONS (cont.):

GUARANTY OR SURETY:

Bid and or performance bonds may be required. Bonds must meet the following requirements: Corporation - must be signed by

an official of the corporation above their official title and the corporate seal must be affixed over the signature; Firm or

Partnership - must be signed by all the partners and indicate they are “doing business as”; Individual - must be signed by the

owner and indicated as “Owner”. The surety company executing the bond or countersigning must be licensed in Connecticut

and the bond must be signed by an official of the surety company with the corporate seal affixed over their signature.

Signatures of two witnesses for both the principal and the surety must appear on the bond. Power of attorney for the official

signing the bond for the Surety Company must be submitted with the bond.

SAMPLES:

Accepted bid samples do not supersede specifications for quality unless sample is superior in quality. All deliveries shall have

at least the same quality as the accepted bid sample.

Samples are furnished free of charge. Bidder must indicate if their return is desired, provided they have not been made useless

by test. Samples may be held for comparison with deliveries.

AWARD:

Award will be based on quality of the articles or services to be supplied, their conformance with specifications, delivery terms,

price, administrative costs, past performance, and financial responsibility.

The Town of New Fairfield may reject any bidder in default of any prior contract or guilty of misrepresentation or any bidder

with a member of its firm in default or guilty of misrepresentation.

The Town of New Fairfield may correct inaccurate awards resulting from clerical or administrative errors.

CONTRACT:

The existence of the contract shall be determined in accordance with the requirements set forth above. However, the award of

the contract is not an order to ship.

The Contractor shall not assign or otherwise dispose of their contract or their right, title or interest, or their power to execute

such contract to any other person, firm or corporation without the prior written consent of the Town.

Bidders have ten days after notice of award to refuse acceptance of the award; after ten days the award will be binding on the

Contractor. If the Contractor refuses to accept the award within the ten-day period, the award will be made to the next lowest

responsible qualified bidder.

Failure of a Contractor to deliver commodities or perform services as specified will constitute authority for Town of New

Fairfield to purchase these commodities or services on the open market. The Contractor agrees to promptly reimburse the

Town for excess cost of these purchases. The purchases will be deducted from the contracted quantities.

Rejected commodities must be removed by the Contractor from Town premises within 48 hours. Immediate removal may be

required when safety or health issues are present.

Contractor agrees to: hold the Town harmless from liability of any kind for the use of any copyright or uncopyrighted

composition, secret process, patented or unpatented invention furnished or used in the performance of the contract; guarantee

their products against defective material or workmanship; repair damages of any kind, for which they are responsible to the

premises or equipment, to their own work or to the work of other contractors; obtain and pay for all licenses, permits, fees etc.

and to give all notices and comply with all requirements of town in which the service is to be provided and to the Town of

New Fairfield; to carry proper insurance to protect the Town from loss.

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Notwithstanding any provision or language in this contract to the contrary, the Town may terminate this contract whenever

he/she determines in his/her sole discretion that such termination is in the best interests of the Town. Any such termination

shall be effected by delivery to the Contractor of a written notice of termination. The notice of termination shall be sent by

registered mail to the Contractor address furnished to the Town for purposes of correspondence or by hand delivery. Upon

receipt of such notice, the Contractor shall both immediately discontinue all services affected (unless the notice directs

otherwise) and deliver to the Town all data, drawings, specifications, reports, estimates, summaries, and such other information

and materials as may have been accumulated by the Contractor in performing his duties under this contract, whether completed

or in progress. All such documents, information, and materials shall become the property of the Town. In the event of such

termination, the Contractor shall be entitled to reasonable compensation as determined by the Town, however, no

compensation for lost profits shall be allowed.

DELIVERY:

All products and equipment delivered must be new unless otherwise stated in the bid specifications.

The Contractor will make delivery to the specified Town locations stated in the bid specifications.

Deliveries are subject to re-weighing on Town scales.

Payment terms are net 30 days after receipt of goods or invoice, whichever is later, unless otherwise specified.

Charges against a Contractor shall be deducted from current obligations. Money paid to the Town by the Contractor shall be payable to the Town of New Fairfield.

SAVING CLAUSE:

The Contractor shall not be liable for losses or delays in the fulfillment of the terms of the contract due to wars, acts of public

enemies, strikes, fires, floods, acts of God or any other acts not within the control of or reasonably prevented by the Contractor.

The Contractor will give written notice of the cause and probable duration of any such delay.

ADVERTISING:

Contractors may not reference sales to the Town for advertising and promotional purposes without the prior approval of the

Town.

RIGHTS:

The Town has sole and exclusive right and title to all printed material produced for the Town and the contractor shall not

copyright the printed matter produced under the contract.

The Contractor assigns to the Town all rights title and interests in and to all causes of action it may have under Section 4 of the

Clayton Act, 15 USC 15, or under Chapter 624 of the general statutes. This assignment occurs when the Contractor is awarded

the contract. Contractor agrees that it is in compliance with all applicable federal, state and local laws and regulations,

including but not limited to Connecticut General Statutes Sections 4a-60 and 4a-60a. The Contractor also agrees that it will

hold the Town harmless and indemnify the Town from any action, which may arise out of any act by the contractor concerning

lack of compliance with these laws and regulations.

All purchases will be in compliance with Section 22a-194 to Section 22a-194g of the Connecticut General Statutes related to

product packaging. This contract is subject to the provisions of Executive Order No. Three of Governor Thomas J. Meskill

promulgated June 16, 1971, the provisions of Executive Order No. Seventeen of Governor Thomas J. Meskill promulgated

February 15, 1973 and section 16 of P.A. 91-58 nondiscrimination regarding sexual orientation, and the provisions of

Executive Order No. Sixteen of Governor John G. Rowland promulgated August 4, 1999 regarding Violence in the Workplace

Prevention Policy. Executive Order No. 14 of Governor M. Jodi Rell, promulgated April 17, 2006, concerning procurement of

cleaning products and services and to Executive Order No. 49 of Governor Dannel P. Malloy, promulgated May 22, 2015,

mandating disclosure of certain gifts to public employees and contributions to certain candidates for offices. If Executive

Order No 14 and/or Executive Order No. 49 are applicable, they are deemed to be incorporated into and are made a part of the

contract as if they had been fully set forth in it. At the Contractor’s request, the Department shall provide a copy of these

orders to the Contractor.

RECORDS, FILES, AND INFORMATION:

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Incorporated by reference into this contract and Pursuant to Public Act No. 01-169, each contract in excess of two million five

hundred thousand dollars between a public agency and a person for the performance of a governmental function shall (1)

provide that the public agency is entitled to receive a copy of records and files related to the performance of the governmental

function, and (2) indicate that such records and files are subject to the Freedom of Information Act and may be disclosed by the

public agency pursuant to the Freedom of Information Act.


Incorporated by reference into this contract is Section 4-61dd (g) (1) and 4-61dd (3) and (f) of the Connecticut General Statutes

which prohibits contractors from taking adverse action against employees who disclosed information to the Auditors of Public

Accounts or the Attorney General.

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA):

Under the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Bidders are expected

to adhere to the same standards as the state agency/covered entity as to Protected Health Information (PHI), to maintain

compliance with Title 45 CFR Part 164.504, Uses and Disclosures: Organizational Requirements, Bidder Contracts. Protected

Health Information (PHI) includes information related to claims, health services, federal and state tax information, financials,

criminal/court related information and other personally identifiable records. Bidder agrees that it shall be prohibited from using

or disclosing the PHI provided or made available by the state or town agencies/covered entity or viewed while on the premises

for any purpose other than as expressly permitted or required by this Contract. These uses and disclosures must be within the

scope of the Bidder’s services provided to the state or town agencies/covered entity. Bidders shall establish and maintain

reasonable safeguards to prevent any use or disclosure of the PHI, other than as specified in this Contract or required by law.

Bidder agrees that anytime PHI is provided or made available to any subcontractors or agents, Bidder must enter into a

subcontract, which contains the same terms, conditions and restrictions on the use and disclosure of PHI as contained in this

Contract. Bidder agrees to make available and provide a right of access to PHI by the individual for whom the information was

created and disclosed. Bidder agrees to make information available as required to provide an accounting of disclosures.

Bidder agrees to make its internal practices, books, and records relating to the use or disclosure of PHI received from, or

created or received by Bidder on behalf of the state or town agencies/covered entity, available to the Secretary of Health and

Human Services (HHS) for purposes of determining compliance with the HHS Privacy Regulations. At termination of this

Contract, Bidder agrees to return or destroy all PHI received from, or created by the state or town agencies/covered entity. If

not feasible, extend the protections of this agreement to the PHI and limit further uses and disclosures. Bidder will have

procedures in place for mitigating any harmful effects from the use or disclosure of PHI in a manner contrary to this Contract

or the HHS Privacy Regulations. Bidder must develop and implement a system of sanctions for any employee, subcontractor

or agent who violates this Contract or the HHS Privacy Regulations. The PHI shall be and remain the resources of the state or

town agencies/covered entity. Bidder agrees that it acquires no title or rights to the information, including any deidentified

information, as a result of this Contract. Bidder agrees that the state or town agencies/covered entity has the right to

immediately terminate this Contract if the state or town agencies/covered entity determines that Bidder has violated a material

term of this HIPAA Compliance Agreement above.

INDEMINIFICATION:

The Contractor shall indemnify, defend and hold harmless the Town and its successors and assigns from and against any and

all (1) actions, suits, claims, demands, investigations and legal, administrative or arbitration proceedings pending or threatened,

whether mature, unmatured, contingent, known or unknown, at law or in equity, in any forum (collectively, "Claims") arising,

directly or indirectly, in connection with this Invitation to Bid and resulting Contract, including any environmental matters, and

including the acts of commission or omission (collectively, the "Acts") of the CONTRACTOR or any of its members,

directors, officers, shareholders, representatives, agents, servants, consultants, employees or any other person or entity with

whom the CONTRACTOR is in privity of oral or written contract (collectively, "CONTRACTOR Parties"); (2) liabilities

arising, directly or indirectly, in connection with this Invitation to Bid and resulting Contract, out of the CONTRACTOR's or

CONTRACTOR Parties' Acts concerning its or their duties and obligations as set forth in this Invitation to Bid and resulting

Contract; and (3) all damages, losses, costs and expenses, including but not limited to, attorneys' and other professionals' fees,

that may arise out of such Claims and/or liabilities for bodily injury, death and/or property damages. The CONTRACTOR

shall reimburse the Town, for any and all damages to the real or personal property of the Town caused by the Acts of the

CONTRACTOR or any CONTRACTOR Parties. The Town shall give to the CONTRACTOR reasonable notice of any such

Claim. The CONTRACTOR shall also use counsel reasonably acceptable to the Town in carrying out its obligations under this

section. This Section shall survive the expiration or early termination of the Contract, and shall not be limited by reason of any

insurance coverage.

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TOWN OF NEW FAIRFIELD INVOICING:

The Town of New Fairfield is exempt from payment of all taxes imposed by the State of Connecticut and/or the Federal

government, including Federal transportation taxes. Such taxes must not be reflected in the bid price.

All billing must be forwarded to:

Town of New Fairfield

Department of Public Works

4 Brush Hill Road

New Fairfield, CT 06812

Questions regarding payment status must be directed to the Accounts Payable in the Town of New Fairfield, Finance

Department, at (203) 312-5656. Vendor work reports must be attached to all invoices, including annual maintenance reports.

DEPARTMENT OF PUBLIC WORKS COMMUNICATIONS:

Contracts between the vendor and the Town concerning delivery, testing, problem solving, etc. will be directed only to the

Town of New Fairfield, Department of Public Works. The Department of Public Works will not be responsible for any orders

placed by anyone other than an authorized Department of Public Works staff. An authorized personnel listing is as follows:

CONTACT PERSON TELEPHONE NUMBER

Russ Loudon, Public Works Department

Lloyd Decker Building Manager

(203) 312-5629

(203) 312-5634

Diana Chapleau, Office Manager (203) 312-5628

BUSINESS OPERATIONAL CHANGES:

In the event that the awarded contractor moves, updates telephone number and/or changes their name, it is the responsibility if

the contractor to advise the Town of such change in writing. The Department will not be held responsible if payments or

purchase orders are delayed due to additional routing caused by lack of notification on the contractor’s part. Business

operational changes must be forwarded to Ms. Patty Mota, Purchasing Agent, located at 3 Brush Hill Road, New Fairfield, CT

06812.

SPECIAL REQUIREMENTS:

BIDDERS TAKE SPECIAL NOTE: BIDDING VENDORS ARE REQUIRED TO COMPLETE THE ATTACHED VENDOR INFORMATION SHEETS AND

RETURN WITH THE BID SUBMISSION. FAILURE TO COMPLY MAY RESULT IN A NON-RESPONSIVE BID.

SCOPE:

The Town of New Fairfield is soliciting competitive quotations for the purchase of a preventive maintenance service agreement

for the maintenance of all heating, temperature control equipment, and air conditioning units for all Town Buildings. The

maintenance contract will include but not limited to preventative maintenance, cleaning, repair, annual equipment testing and

start up on the units detailed on the attached Schedules.

CONTRACT PERIOD:

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The Town intends that this contract shall be in effect for (1) one-year, starting on July 1, 2019 to June 30, 2020. The Town

reserves the right to extend this contract for a period up to the full original contract term or parts thereof.

INSPECTION OF JOB SITES

Bidders shall visit the site and take such other steps as may be necessary to ascertain the nature and location of the work and

the general location conditions, which affect the work or the cost thereof. There will not be a Pre-Bid Meeting or Site

Inspection you must contact Russ Loudon to visit the sites. All Bidders should visit Location #1 through #14 once they have

contacted Russ Loudon to look at the equipment before submitting their bid. Should this bid contain a mandatory pre-bid

meeting requirement. Bidders who are interested in responding to this bid must attend the meeting at the specified

date/location listed above.

NOTE: Late Arrivals (15 minutes or more) will not be given credit for attendance nor allowed to participate in the bid process.

Vendors will not be admitted to the Police Department without a valid photo ID. Vendors must have a clean record to be

allowed into the Police Department. Failure to attend this meeting will result in the rejection of your bid.

SCHEDULING OF WORK:

Inspection and routine maintenance and service shall be accomplished for all fourteen (14) locations during normal hours of

work, excluding legal holidays will apply to all services, unless otherwise stated, including major repairs performed.

Normal working hours for Town Buildings is as follows:

1. Ball Pond Firehouse: No set hours of work. 2. Company A Firehouse: No set hours of work. 3. Dog Pound: No set hours of work. 4. Drop Off Center: No set hours of work. 5. Library: No set hours of work. 6. Police Department: 12:00 a.m. and 12:00 p.m., seven days per week – Sunday through Saturday. SPECIAL NOTE: Security clearance is required for activities within the Police Department.

7. Public Works Department: 6:30 a.m. and 2:30 p.m., five days per week – Monday through Friday. 8. Town Hall: 8:30 a.m. and 4:30 p.m., four days per week – Monday through Thursday. 8:30 a.m. and 11:30p.m. on Friday. 9. Town Hall Annex: 8:30 a.m. and 4:30 p.m., four days per week – Monday through Thursday. 8:30 a.m. and 11:30p.m. on

Friday.

10. Senior Center: 8:30 a.m. and 4:30 p.m., five days per week – Monday through Friday. 11. Squantz Pond Firehouse: No set hours of work. Will have new system which will be under warranty for first year. 12. Communication Tower: 302 Ball Pond Rd No set hours of work. 13. Communication Tower: Tower Hill Rd., Patterson, NY. No set hours of work. 14. Communication Tower: Bogus Hill Rd. No set hours of work.

Emergency work requiring shutdown shall be accomplished in the minimum time possible. In case of failure beyond normal

inspection and routine maintenance, the contractor shall respond with an adequate number of personnel with a level of

expertise necessary to correct the problem. Contractor shall provide emergency repair service on a 24 hour, 7-day a week

basis, with a response time of 2 hours or less.

CONTRACT REQUIREMENTS:

Contractor will provide full service maintenance for all of the equipment and/or systems at each of the fourteen (14) locations

as outlined in Schedule A.

Preventative maintenance shall include two (2) semi-annual inspections and include seasonal startup and shut down.

During maintenance inspections, Contractor will perform prescribed maintenance for each piece of equipment as outlined in

Schedule B.

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All replacement parts and labor necessary to provide preventive maintenance as listed in Schedule B are included in the semi-

annual spring and fall inspections prices of the proposal Schedule C. All repairs, replacement parts and labor necessary to

provide a functional system shall be included in the labor rates and parts and material pricing of the proposal Schedule C.

The Town will provide reasonable means of access to all devices that are included in this contract. Contractor will be free to

start and stop any and all equipment incidental to the operation of any equipment for which it is reasonable.

The successful bidder will perform projects where the estimated cost is less than $3000.00. When a project’s

estimated cost is greater than $3000.00, the town reserves the right to bid the project separately from this contract.

The piping, ductwork and wiring pertinent and integral to the equipment covered under this contract will be maintained as it

affects the proper operation of the equipment. The replacement of piping, ductwork or wiring due to corrosion, physical

damage or other causes beyond the Contractor’s control is not included.

Cleaning and changing of filters shall be completed quarterly. The Contractor shall provide filters.

Changing of belts shall be completed annually.

Emergency Service, including overtime, shall be included, with a response time of two (2) hours or less.

REPAIR GUARANTEE:

Contractor shall respond on site to all service calls within two (2) business hours, respond by phone within one (1) hour and

a repair time of twenty-four (24) hours from response.

If Contractor fails to respond on-site within the two (2) hour period on three documented occasions during the contract, the

award, at the discretion of the Town may be canceled and re-awarded under the provisions of this contract. A response shall be

defined as a service representative visiting the agency and working on the equipment.

PARTS REQUIREMENTS:

Contractor shall provide and maintain adequate inventory of replacement parts and components to maintain all of the

equipment. Contractor shall stock critical, unique and frequently utilized parts and supplies therein and demonstrate they own

the proper tools and test equipment to maintain all equipment.

WARRANTY:

In addition to manufacturers’ standard warranties, the Contractor shall guarantee to make replacement of defective parts or

material, and correction of defective workmanship, including all labor, materials and shipping charges involved, at no

additional cost to the Town for a period of one year from the date of inspection and substantial completion. Furthermore, the

Contractor shall guarantee its repairs to be free from defects in materials and workmanship, given normal use and care, for 90

days over the period of the contract term.

Product, parts and accessories furnished under this contract will be guaranteed against any defects due to faulty material and/or

workmanship. The Town reserves the right to inspect, at any time, the Contractors facility for adequate inventory of tools, test

equipment, and parts required to maintain all of the equipment.

LABOR RATES:

The Town may, at its option, have upgrades or modifications performed on the various systems covered by this contract. The

Contractor shall price man-hour labor for upgrades or modifications per contract pricing. All man-hour labor shall be for job-

site labor only.

TRAVEL:

Contractor shall not charge the Town for travel to and from Town facilities. No travel time, mileage, minimum charges

or portal-to-portal charges allowed. All maintenance and service provided under this contract shall not include travel to and

from equipment location. The Contractor must be represented by a full-time technician who is located or within a thirty

mile (30) driving radius of the Town of New Fairfield. Bids from Contractors with no local technicians will be rejected.

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SECURITY:

Contractor must adhere to established security and/or property entrance policies and procedures established for each location. It

is the responsibility of each Contractor to understand and adhere to those policies and procedures prior to any attempt to enter

the premises.

CONTRACT PRICES AND BILLING:

Contract prices for services performed under this Contract are shown in the Contract Award Schedule, which is attached to and

made a part of this Contract. The Town agrees to pay invoices on a net 30-day basis after receipt of invoice. The Contractor

shall bill the Town for the services provided. Billing notices shall include detailed information and services performed. A late

payment charge shall be calculated in accordance with the Connecticut General Statutes.

CONTRACTOR QUALIFICATIONS:

The Contractor shall be capable of performing all services required herein. Contractor agrees to act as an independent

Contractor in performing all services under this Contract and, except as otherwise outlined in this Contract, agrees to maintain

complete control over its employees (such control over the repairers being limited to the context of this Contract). Contractor

shall furnish agency with. The following items are required with your bid:

The Contractor shall hold a current S-1 License. All service personnel performing work on the jobsite must have as a minimum, a current journeymen’s, S-2 License. Copies of licenses must be included with your bid.

Manufacturer’s published list(s) prices for parts and/or manufacturer’s list(s) of dealer parts cost.

Attached Proposal Schedule.

List of names and phone numbers of at least three specially trained technicians for heat pumps and air conditioning equipment; and three servicemen for boilers, hot water heaters and gas burners with the appropriate licenses that can

conduct the necessary tasks to ensure that equipment is properly maintained to manufacturer specifications.

All required bid documentation with required signatures.

SUBLETTING OR ASSIGNING OF CONTRACT:

The contract or any portion thereof, or the work provided for therein, or the right, title, or interest of the Contractor therein or

thereto may not be sublet, sold, transferred, assigned or otherwise disposed of to any person, firm, or corporation, or entity,

other than the Contractor to whom the project was awarded is permitted to commence work on the project unless such consent

has been granted.

INSURANCE REQUIREMENTS:

PROOF OF INSURANCE:

The Contractor shall take out and maintain during the life of the contract adequate Workmen’s Compensations Insurance for all

his employees employed. In case any of employees are engaged in hazardous work under the contract at the site of the work, is

not protected under the Workmen’s Compensation statute, the contractor shall provide Workmen’s Compensation Insurance

for the protection of his employees not protected otherwise.

LIABILITY INSURANCE:

Take out and maintain during the life of the contract adequate public general liability insurance insuring against liability, to

persons not employed by his in an amount of not less than $1,000,000 per occurrence/$1,000,000 aggregate, $1,000,000

automobile, and an umbrella policy of $5,000,000.

The certificate(s) of insurance must name the Town of New Fairfield, 3 Brush Hill Road, New Fairfield, CT as the certificate

holder/additional insured. It shall be delivered to the Town of New Fairfield within five (5) days of award notification.

REPORTING REQUIREMENTS:

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Upon request, the Contractor shall be required to furnish the Town with a summary of the total purchases made under this

contract. Upon request, the Contractor shall provide detailed reports to the Town of repairs and maintenance history of all

equipment. The Town may reasonably request additional reports if needed and the Contractor shall use every effort to provide

such reports.

During the term of the Contract, the Contractor shall afford the officers, attorneys, accountants, auditors, and other authorized

representatives of the Town free and full access to the records during normal business hours. The Records are deemed to be

the property of the Town and shall be delivered to the Town no later than thirty (30) days after the expiration or cancellation of

the Contract or 30 days after the Contractor receives a written request from the Town for the records.

AUDITS:

At the option of the Town and at its own expense, periodic audits may, at reasonable times, be made of the Contractor’s books

and reports insofar to the Contract. Such audits will be conducted by the Town or a representative appointed by the Town.

Said books and records shall be made available to the Town of New Fairfield.

BASIS OF AWARD:

It is the intent of the Town that this contract be awarded to lowest, qualified, responsible bidder for all locations listed.

However, the Town reserves the right to group items and/or make an award to multiple vendors.

Lowest shall be:

Total cost of all inspections

Plus normal labor rate x 25 hours *

Plus emergency service rate x 5 hours *

Plus $1,000 of parts and materials at a percentage discount from list or cost plus. *

* Rates are estimates used for bid evaluations

Qualified, responsible bidders are those bidders who:

Have trained technicians that can conduct the necessary tasks to ensure that equipment is properly maintained to manufacturer specifications.

Have the appropriate licenses to provide this type of work.

Have parts in stock as required.

Provide Emergency Service after normal working hours (i.e. 24/7 coverage).

Attendance is required to all site inspections.

Completion of all required bid documents.

PRICE ADJUSTMENTS:

Bid prices will remain firm for the first year of the contract period. After the first year of the contract period, if asked to extend

the contract, the awarded Contractor may file for a price increase consistent with and relative to price changes originating with

the manufacturer and/or labor rates. Requests for such an increase must be fully and properly documented and, if approved,

shall be firm for the remainder of the contract.

The Town reserves the rights to reject any requested price increase deemed excessive in the opinion of the

Town and cancel the contract. The Contractor must submit a formal request for an increase to the Town of New Fairfield,

Department Finance, 3 Brush Hill Road, New Fairfield, CT 06812, no later than thirty (30) days prior to the effective price

increase date. The request shall contain the date the increase takes effect. No retroactive increases will be allowed. In the

event a retroactive request for a price increase is received, the Department of Finance will set the effective date of the increase

as ten (10) days from the receipt of the request.

THE NEW PRICING MEDIUM MUST BE SENT WITH THE REQUEST FOR INCREASE.

Any purchase orders issued by any Town agency prior to the effective date will be honored by the Contractor at the price in

effect at the time off the issuance of the purchase order.

11

CONFORMITY WITH CONTRACT:

In the event the Town determines that the service performed or materials furnished by the Contractor are defective, not in

conformity with the contract requirements, or has resulted in an inferior or unsatisfactory level of service, the Town shall order

the Contractor, in writing, to correct the nonconforming condition with seven (7) days of receipt of letter. Upon failure of the

contractor to comply, the Town shall have the authority to correct the condition by other means, including the use of Town

employees or by separate contract. The costs of the action taken by the Town shall be deducted from any Moines due or to

become due to the contractor under this contract. Notwithstanding the above notice provisions, if the Town determines that a

condition exists which may adversely affect the health or safety of a person or property, the Town shall order the Contractor to

correct the condition immediately. Upon the refusal of the Contractor to comply with the order or a determination by the Town

that the Contractor is unable to correct the condition, the Town shall have the authority to correct the condition by other means

without further notice. Should the Contractor fail to adhere to the specifications and requirements, the Town may, at its

option, withhold any payments due until such time as the nonconforming items are corrected. The Town may also assess

financial penalties as described in these specifications. If the Town has cause to correct a condition that, in the Town’s

opinion, should have been done by the Contractor, the Town may elect to assess financial penalties and/or the additional cost to

the Town to obtain other means to correct the nonconforming item. Continual or intentional breaches of contract will be

causes for termination.

CANCELLATION:

The Town reserves the right to cancel any unfulfilled portion of the contract (30 day written notice) providing, in the opinion of

the Department of Finance, services and/or materials supplied by the Contractor is not satisfactory or consistent with the terms

of the contract. Upon cancellation, the maintenance charges will be prorated over the period the contract has been in force.

SCHEDULE A

LOCATION #1

Ball Pond Firehouse

Fairfield Drive

ITEM # SYSTEM/MODEL SERIAL #

Boiler Weil McLain P-678-WT N/A

Fan Coil

Fan Coil

Ductless Split

Carrier

Carrier

Sanyo

Unknown

Unknown

Unknown

LOCATION #2

Company A Firehouse

302 Ball Pond Road


Furnace #1 Adams N/A




Hot Water Heater Bock 71E 9306300ST

A/C Unit #1 Carrier Unknown

A/C Unit #2 Carrier Unknown

LOCATION #3

Dog Pound (building on left)

223 Route 37


Furnace Carrier Unknown

Hot Water Heater Bock 51E 96082124T

12

LOCATION #4

Drop Off Center

41 Bigelow Road


Furnace Modine Hot Dawg

(Propane)HD75AS0121FBAN

43010017053418-4638

SCHEDULE A (cont.)

LOCATION #5

Library

2 Brush Hill Road


Boiler Burnham V905-5 N/A

Chiller Pump- Library

Trane – Children’

s Library

Trane- program room

Trane Chiller

2 Fan Coils in Children Lib

Fan Coil 1st Floor Entrance

Fan Coil Community Rm

Fan Coil Adult Lib #1






Armstrong

BCVD036B2F0A1T042000000B

05U0000000KB0G00

BCVD036B2F0A1T042000000B

05U0000000KB0G00

CGAM.35A2L02AXB2A1A1A1

AXXA1C1A4XXXXXXA1A5AI

D1XXCXX

Trane

Trane

Trane

Trane

Trane

Trane

Trane

Trane

Trane

007180T3E213JP-S

T15D28279

T15E32887

U15E49093

N/A

T15E3288

T15D28284

T15E33545

T15E33546

T15E33549

T15E33548

T15E33550

T15E33547

LOCATION #6

Police Department

302 Ball Pond Road


Boiler #1 PB Peerless EC ECT05175W/S 533006-2000511



Hot Water Heater Bock 241 E 88103085WA

Chiller Carrier/30MPA0405LA02007 0216Q23176

Chiller Pump WEG/ 005180T3E184T-SG N/A

19 Fan Coils

1 Ductless Split units

2 Ductless Split units

Indoor Ductless Split Dispatch

Outdoor Ductless Split Dispatch

Large Server Room

Large Server Room

Small Server Room

Snyder General

Mitsubishi

Fujitsu

Mitsubishi

Mitsubishi

Mitsubishi/PUYA36NHA

Fujitsu/AOU36RLXB

Fujitsu/ AOU24RLX

N/A

N/A

N/A

PKA-A24KA7

PUY-A24NHA7

02U00866A

FTN005391

CTN006976

LOCATION #7

13

Public Works Department

188 Route 37


Furnace /A/C Unit #1 Carrier 24APA536 3910E09634

Furnace #2 Adam Unknown

Furnace #3 Modine Unknown

Oil Transfer Pump Unknown Unknown

SCHEDULE A (cont.)

LOCATION #8

Town Hall

4 Brush Hill Road


Boiler Smith 19A 19A-4-070623

A/C Unit #1

Air Hander #1

Carrier 24APA560

FX4 DNB061

3210E19080

0710A82660

A/C Unit #2

A/H Unit #2

A/C Unit #3

A/H Unit #3

Carrier 24APA560

FX4 DNB061

Carrier 24APA530

FX4 DNB031

3010E06190

2310A84320

4710E00611

2410A70196

Ductless A/C Unit #4 Mitsubishi MSZ/MUZ12NA N/A

Ductless A/C Unit #5 Mitsubishi MSZ/MUZ15NA N/A

Ductless A/C Unit #6

ERV Lower Level

Mitsubishi PKA/PUYA24

Carrier ERV CCLHU1200

N/A

54306V32205

LOCATION #9

Town Hall Annex

4 Brush Hill Road


Boiler Weil McLain A/B-WGO-7

HVAC Unit #1

A/H Unit #1

Trane BWE090C100 GA

Trane HYDRO

C29178118

unknown

HVAC Unit #2

A/H Unit #2

HVAC Unit #3

A/H Unit #3

Trane BWE060C100 GA

Trane HYDRO

Carrier 24APA548

Carrier FX4DNB048 2 Zone

C35169927

Unknown

1307E34419

unknown

LOCATION #10

Senior Center

33 Route 37


HVAC Unit #1 Lennox model LGC12052BH2G 5609C-03121

HVAC Unit #2 Lennox model LGA060H2BH2G 5608J-14887

HVAC Unit #3 Lennox model LGA060H2BH2G 5608J-14888

HVAC Unit #4

Boiler

Lennox Model LGC10252BM2G

Peerless JOTW175WPCT

5609D-00510

JOTW976180990

LOCATION #11

Squantz Pond Firehouse

255 Route 39

14


Boiler Burnham Unknown

4 HVAC Unit(s)

2 Fan Coils Heat only

Carrier

Carrier

Unknown

Unknown

SCHEDULE A (cont.)

LOCATION #12

Communication Tower

302 Ball Pond Rd.


Bard Wall Mount Model # WA372-A05EPXXX 225K031839649-02

LOCATION #13

Tower Hill Rd

Communication Tower

Patterson, NY


Heil Furnace ModelNLOD112DF03867741444 L883464875

LOCATION #14

Bogus Hill Communication Tower

Bogus Hill


Bard wall mount

Model # WA372-A05EPXXX

Unknown

TRANE Chiller in the Library is covered by TRANE for Air Conditioning ONLY

SCHEDULE B PREVENTATIVE MAINTENANCE REQUIREMENTS

1. Each location shall receive semi-annual inspection and thorough preventive maintenance routine as appropriate, to be

invoiced semi-annually, after spring and fall inspections. In addition, periodic tests and adjustments are made to ensure

efficient and reliable operation of other major components of all equipment.

Fall Inspection: Check, Test and calibrate all controls for heating applications. Verify, check and test all functions of equipment.

Spring Inspection: Check, Test and calibrate all controls for cooling applications. Verify, check and test all functions of equipment.

2. Each scheduled call will have a specific set of tasks detailing exactly what is required to be performed and what special

skills, tools or instruments are required to keep the equipment operating at peak level.

3. Maintenance intervals will be determined by contractor’s experience, manufacturers’ recommendations, usage, location and

run-time intervals unless otherwise noted. A schedule of semiannual services will be submitted to the Public Works

Department, four (4) weeks prior to the service.

4. A service report will be completed after each call and provided to the Public Works Department. A duplicate record will be

maintained at contractor’s site to update the history of the work performed.

15

5. A listing of typical service procedures shall include, but not be limited to the following:

REPAIR SERVICES: If in the course of a service call, it is determined that a repair to equipment or a replacement of a component would be required, the Public Works Department will be advised of the defect with a quote listing estimated

cost. Subject to approval by the Public Works Department, work will be performed on a preferred time and material basis.

The Contractor shall quote repair labor rates and materials required for repairs based on contracted pricing.

SCHEDULE B (cont.)

OPERATIONAL SUPPORT: The Contractor will make recommendations to improve equipment efficiency and reliability, or reduce operational costs. A summary of services performed will also be prepared upon request.

INSPECTION: The Public Works Department reserves the right to inspect or oversee any maintenance work done by Contractor. After inspection, any maintenance work that is found to be inadequate or unsatisfactory shall be corrected

promptly at no additional charge.

PREVENTATIVE MAINTENANCE REQUIREMENTS FOR APPLICABLE UNITS

Open Reciprocating Compressors Air Handling Unit

Lube motor bearings Lube motor and fan bearings

Check drive belts, couplings, alignment Check and adjust belts/replace as required

Check oil level, add as required Check pulley (tighten and align)

Check safety controls Check filters (clean/change)

Check head bolts, shaft seal Check cooling coil & controls

Check for noise, vibration Check heating coil and controls

Record motor amps Clean condenser drain pan and drain

Record low pressure Check traps and strainers/clean

Seasonal Startup/shutdown Lube damper linkage (auto)

Semi-Herm/Hermetic Reciprocating

Compressors

Air Cooled Condenser

Check coil, report cleaning required

Check oil level, add as required Lube fan motor and bearings

Test oil for acid/moisture Check and adjust belt/replace as required

Check safety controls Clean fan blades

Check for refrigerant leaks Check refrig. Circuit for leaks

Check for noise, vibration Check high pressure cut-out

Record motor amps Check and calibrate low-ambient controls

Record high pressure Record air temperature in/out

Record low pressure Record motor amps

Seasonal Startup/shutdown

Clean & adjust burner Exhaust Fans Perform min-pilot turndown -test Lube Motor

Check & adjust ignition controls Lube fan bearings

Check & adjust safety controls Check belts/adjust/replace

Check & adjust gas train controls Check fan blade

Check and report condition of heat exchange Check back draft, damper if applicable

Check draft stack temperature Check interlock if applicable

Oil Burner & Heat Exchanger Pumps

Clean and overhaul burner Repack stuff box when required

Check electric tubes [replace as required] Clean strainers

Check flame and adjust ignition, flame,

operating and safety controls Lube motor and pump

Check seals and couplings

Clean oil strainer Check alignment

Check oil tanks for sludge Record motor amps

Check heat, exch. (if applicable)

Check CO2, smoke, draft, stack temp, C.E.% Temp. Controls- Electric

Adjust, calibrate and clean T-stats, humid,

16

Electric Duct Heaters controls, temp. controls, pressure controls

valves, relays, motors, Lube valve, stem

seals, damper bearings, linkages, switches

Repack control valve if required

Check operation and staging

Check condition of coil and insulators

Check safety controls

Record temperature in/out of coil

SCHEDULE B (cont.)


Electric Controls Fan Coils/Cab. Heaters/UV’s

Check, clean and/or replace contacts Clean or change filters

Tighten loose connections Check motors, fans, lube if required

Check arcing and pitting Lube control valves

Check condition of fuse blocks Check temperature controls operation

Check coil connections Clean strainers, condenser drain pan

Check operation Lube and check dampers (if applicable)

Low Pressure Steam Boiler (under 30 psi) Hot Water Heating Boiler

Test relief valve Test relief valve

Blow down water cooler Test low-water cut off

Test low water cut-off Check altitude gauge for maximum pressure

Blow down boiler Drain expansion tanks

Check boiler water treatment Check supply water reg. Valve

Clean boiler (fireside), breech, runways (wire

brush only) Check fire surfaces

Drain boiler and open hand hole

Inspect firebox and report repairs nec. Clean breech and runways (wire brush only)

Inspect waterside and report condition Check firebox and report repairs

Centrifugal Machine Absorption Machine

Clean strainers, traps Clean strainers, traps

Operate purge, lube, check belts Operate purge, lube, check belts

Check sight glass/lube valve linkage Check purge oil

Record chilled water temperature in/out Check sight glasses and safety controls

Record condition water temperature in/out Record chilled water temperature in/out

Record chilled water pressure in/out Record condition water temperature in/out

Record condition water pressure in/out Record chilled water pressure in/out

Record motor amps Record condition water pressure in/out

Check purge, report rework required Record pump amps

Leak test (check rupture disc) Lube all motors

Change oil, clean separator, change filter Calibrate controls

Meg motor windings Pull head, examine condition/absorber tubes

Pull heads, check condition tubes, report cleaning

required report cleaning required

Seasonal Startup and Shutdown

Seasonal Startup and Shutdown

Cooling Towers/Evaporative. Condenser

Temp. Controls- Pneumatic Lube motor and fan bearings

Blow down air compressor Check belts and pulleys

Check and adjust belts Clean water strainers/air intake screen

Add or change oil/check oil separator Check and adjust float valve

Replace air intake filter Check water treatment/adjust bleed

Blow down refrigerated air dryer Drain and flush sump

Check return air dryer temp Check refrigerant coil for leaks and scale

Adjust, calibrate, clean, all T-stats, humid &

temp controls, valves, relays and motors

Report painting required

Check spray nozzles and clean

Lube valve, stem seals, damper bearings, linkage, Check eliminator plats

17

switches Record motor amps

Repair control valve as required Seasonal Startup and Shutdown

SCHEDULE B (cont.)


Water Cooled Condenser Humidifiers Check regulator valve and set Check water supply and treatment condition

Record water temperature in/out Check operation and controls

Drain and flush Report cleaning required

Clean strainers

Pull heads, check tubes, report cleaning required

18

TOWN OF NEW FAIRFIELD 2019-2020 HVAC Preventative Maintenance & Repair Services

Bid Sheet (Return this form to the Purchasing Agent)

COMPANY INFORMATION

COMPANY NAME:

STREET:

CITY, STATE, ZIP:

BIDDER’S INFORMATION BIDDER’S NAME:

STREET:

E-MAIL ADDRESS_____________________________________________________________

CITY, STATE, ZIP:

ROUTINE SERVICE CONTACT PERSON

VENDOR DESIGNATED PERSON RESPONSIBLE FOR ACCEPTING AND SCHEDULING ROUTINE DELIVERIES. THE

TOWN MUST BE ABLE TO CONTACT THIS PERSON DURING BUSINESS HOURS 6:30 A.M. THROUGH 3:00 P.M.

NAME:

TELEPHONE NO:

CELLULAR NO:

FACSIMILE NO:

EMERGENCY SERVICE CONTACT PERSON VENDOR DESIGNATED PERSON RESPONSIBLE FOR ACCEPTING AND SCHEDULING EMERGENCY SERVICES.

THE TOWN MUST BE ABLE TO CONTACT THIS PERSON DURING NIGHTS, WEEKENDS, AND HOLIDAYS.

NAME:

TELEPHONE NO:

19

CELLULAR NO:

PAGER NO:

FACSIMILE NO:

TOWN OF NEW FAIRFIELD

2019 - 2020 HVAC Preventative Maintenance & Repair Services SCHEDULE C

Bid Sheet

(Return this form to the Purchasing Agent)

LOCATION #1

Ball Pond Firehouse

Fairfield Drive


HEATING & AIR CONDITIONING SERVICE

CONTRACT RATE PER YEAR

$

LOCATION #2

Company A Firehouse

302 Ball Pond Road




$

LOCATION #3

Dog Pound (building on the left)

223 Route 37


HEATING SERVICE CONTRACT RATE PER YEAR

$

LOCATION #4

Drop Off Center

41 Bigelow Road



$

LOCATION #5

Library

2 Brush Hill Road


20



$

TOWN OF NEW FAIRFIELD 2019- 2020 HVAC Preventative Maintenance & Repair Services

SCHEDULE C (cont.) Bid Sheet


LOCATION #6

Police Department

302 Ball Pond Road




$

LOCATION #7

Public Works Department

188 Route 37



$

LOCATION #8

Town Hall

4 Brush Hill Road




$

LOCATION #9

Town Hall Annex

4 Brush Hill Road




$

LOCATION #10

Senior Center

33 Route 37




$

21

TOWN OF NEW FAIRFIELD 2019 - 2020 HVAC Preventative Maintenance & Repair Services

SCHEDULE C (cont.) Bid Sheet


LOCATION #11

Squantz Pond Firehouse

255 Route 39




$

LOCATION #12

Communication Tower

302 Ball Pond Rd




$

LOCATION #13

Communication Tower

Tower Hill Rd

Patterson, NY



$

LOCATION #14

Communication Tower

Bogus Hill Rd




$

22

TOWN OF NEW FAIRFIELD 2019 - 2020 HVAC Preventative Maintenance & Repair Services

Proposal Sheet (Return this form to the Purchasing Agent)

To the Purchasing Agent:

We propose to submit our quotation on the above numbered Quote. We will be able to provide a

Certificate of Insurance from the following insurance company:

We have read the General Conditions and Instructions to Bidders and are submitting our Quote in full

compliance except as noted below under “exceptions.”

We propose to provide an hourly rate for repairs not included under this contract for the hourly rate of

$ during normal working hours, $ per hour for evenings and weekends,

$ per hour for holiday periods.

Our percentage markup on replacement parts shall be % over manufacturer’s list price.*

The above price is inclusive of all parts, labor and mileage.

*Contractor must show proof of list price.

The contract rates quoted in this quotation would be held firm for two (2) additional contract terms should

we be awarded the contract and the Town of New Fairfield exercises its option to renew

(Yes) (No). If no, please indicate additional cost.

We take “exception” to the following:

Date:

Name of Company:

Address:

City, State & Zip:

Name and title of Person

submitting Quote:

(Please Print)

Telephone:

Fax:

23

Signature:

Attach references and license number.

Will you allow the New Fairfield Board of Education to “Piggyback" off this Contract YES NO?

24

INSTRUCTIONS TO BIDDERS

Sealed bids will be received at the Office of the Purchasing Agent, 3 Brush Hill Road, New Fairfield, CT 06812

until the time and date specified on the cover sheet. Bids received later than the time specified will not be accepted.

Amendments to or withdrawal of any section of the submitted bid received later than the time & date set for the bid

opening will not be considered. Bid proposals must remain in effect for a minimum of 30 days unless otherwise

noted elsewhere in the bid specifications.

BID DOCUMENTS: are available upon receipt of this invitation (if not attached) over the internet at the Town’s

website: www.newfairfield.org. Adobe Acrobat reader is required to view this document. If you do not have this

software you may down load at no cost from Adobe at http://www.adobe.com. Businesses without internet access

may obtain a copy of the bid by contacting the Purchasing Agent’s Office, Town Hall Annex, 3 Brush Hill Road,

New Fairfield, CT 06812, (203) 312-5653.

BID BONDS: if applicable, shall be in the amount of 5% of the total bid made out in favor of the Town of New

Fairfield and issued by a Surety company acceptable to the Town of New Fairfield, and must accompany each bid.

A certified check in the same amount may be submitted in lieu of the bid bond. Bids submitted without Certified

Check or Bid Bond will not be accepted. The Town of New Fairfield will not be held liable for the accrual of

interest on any check held by the Town in conjunction with this bid. All checks or bid bonds will be refunded to the

unsuccessful bidders after award of the bid. The deposit check or Bid Bond of the successful bidder will be held in

escrow until such time as the Town determines that the bidder has or will meet their obligations as stated by the bid.

If the bidder fails or refuses within a reasonable time after due notice that the contract has been awarded, to execute

the same, an amount representing a loss to the Town by reason of such failure shall be retained and paid into the

Town treasury.

REPLIES: whether bid or no bid, must have the bid number clearly identified on the outside of the envelope.

Bidders not marking the envelopes with the Bid number and date/time of opening on the envelope will have no

recourse against the Town of New Fairfield or its employees. Such bidders run the risk of the bid being opened

prior to the scheduled Bid Opening time. Once opened such bids are public record. Any alleged oral agreement

made by a bidder or contractor with any agency or employee of the Town of New Fairfield will be disregarded.

FREIGHT: Prices quoted shall be net delivery F.O.B. New Fairfield, CT. All bid prices must include prepaid

delivery, assembly, and/or installation (ready for operation and/or use) of all equipment and/or materials to the

individual locations(s) as designated by the Purchasing Agent. All bid prices are to be submitted on the sheets

provided for this bid. Quantities and pricing are to be listed in accordance with these sheets.

QUESTIONS: Request for interpretation of any portion of the bid may be made by telephone to the Purchasing

Agent at 203-312-5653. All replies will be given verbally and a copy of any such inquiry and advice (if deemed

vital to the bid by the Purchasing Agent) will be made available to each prospective bidder in the form of an

addendum. Bidder should check the Town’s website for addendums/updates 48 hours prior to the bid opening.

IDENTICAL BIDS: In the event of receipt of identical bids as to offerings, delivery, service, content, price, etc.,

the bid will be awarded in accordance with the information contained in the bid document, based on first received

as to date and time of receipt of the bid.

NON-COLLUSION STATEMENTS: In order for bids to be considered, a non-collusive statement must be

submitted with the bid. A sample non-collusive bid statement is attached. Bidders may elect to submit their own

notarized non-collusion statement.

CONDITIONAL, QUALIFIED OR NON-RESPONSIVE BIDS/PROPOSALS: All bids/proposals shall be

submitted in the form and manner as indicated by the bid documents and bid forms. Any proposal which is not

submitted in the form and manner indicated by the bid documents or which contains information, statements,

conditions, or qualifications which

25

place conditions or qualifications on the proposal submittal for purposes of making an award, or which alter any

proposal terms, conditions, specifications, or forms, which has not been previously approved by written addendum

from the Purchasing Agent, or which does not meet legal requirements, shall be declared as a qualified, conditional,

or non-responsive proposal and shall be rejected without further consideration. Any proposal response that does not

fully respond to and comply with all detailed specifications or requests for information, including execution of

proposal forms, may be declared “non-responsive” and recommended for rejection. The Town of New Fairfield

shall not be responsible for any errors or omissions by the Offeror.

CONTRACT: A response to an Invitation to Bid (ITB) is an offer to contract with the Town of New Fairfield

based upon the terms, conditions and specifications contained in the Town’s ITB. Bids do not become contract

unless and until executed by the Town.

CONFORMITY WITH CONTRACT:

In the event the Town determines that the service performed or materials furnished by the Contractor are defective,

not in conformity with the contract requirements, or has resulted in an inferior or unsatisfactory level of service, the

Town shall order the Contractor, in writing, to correct the nonconforming condition with seven (7) days of receipt

of letter. Upon failure of the contractor to comply, the Town shall have the authority to correct the condition by

other means, including the use of Town employees or by separate contract. The costs of the action taken by the

Town shall be deducted from any Monies due or to become due to the contractor under this contract.

Notwithstanding the above notice provisions, if the Town determines that a condition exists which may adversely

affect the health or safety of a person or property, the Town shall order the Contractor to correct the condition

immediately. Upon the refusal of the Contractor to comply with the order or a determination by the Town that the

Contractor is unable to correct the condition, the Town shall have the authority to correct the condition by other

means without further notice. Should the Contractor fail to adhere to the specifications and requirements, the Town

may, at its option, withhold any payments due until such time as the nonconforming items are corrected. The Town

may also assess financial penalties as described in these specifications. If the Town has cause to correct a condition

that, in the Town’s opinion, should have been done by the Contractor, the Town may elect to assess financial

penalties and/or the additional cost to the Town to obtain other means to correct the nonconforming item.

Continual or intentional breaches of contract will be causes for termination.

CANCELLATION:

The Town reserves the right to cancel any unfulfilled portion of the contract (30 day written notice) providing, in

the opinion of the Department of Finance, services and/or materials supplied by the Contractor is not satisfactory or

consistent with the terms of the contract. Upon cancellation, the maintenance charges will be prorated over the

period the contract has been in force, however, the Contractor shall not be entitled to any profit on unfinished or

unearned work.

SUBCONTRACTING:

The Contractor may utilize the services of Subcontractors subject to the approval of the Town of New Fairfield.

The Contractor shall list all Subcontractors they intend to subcontract to, with a specific description of the services

each Subcontractor is to perform. The Contractor shall not award work to any Subcontractor other than those

submitted with their qualifications proposal without the prior written approval of the Purchasing Agent.

All Subcontractors shall be required to carry the same insurance, and under the same conditions, as specified for the

Contractor. Nothing contained in the Contract established between the Contractor and the Town of New Fairfield

shall create any contractual relationship between the Town of New Fairfield and any Subcontractor.

TAXES: Omit all State and Federal taxes from the bid. The Town of New Fairfield is exempt from the payment of

taxes imposed by Federal government and/or the State of Connecticut.

OWNERSHIP OF DOCUMENTS: All documents, including drawings, plans, specifications, videotapes, or other

documents or maps prepared by a contractor pursuant to any agreement arising from this bid shall become the

26

property of the Town of New Fairfield upon completion of the project or any termination of the project prior to the

completion of the project.

LEGALITY: All bid offers for commodities, work, materials, or equipment hereunder shall comply in every

respect with the laws, specifications and requirements of the State of Connecticut and the Federal government.

Contractor will comply with the provisions of the Connecticut Fair Employment Practices Law.

LANGUAGE DISPUTES: Any disputes over the interpretation and/or meaning of any individual terms,

conditions, and/or language within this Request for Bid/Proposal document shall be resolved by and at the sole

discretion of the Town Purchasing Agent in a manner that is in the best interest of, and best advantage to, the Town

of New Fairfield, provided any such interpretation shall be reasonable.

RESPONSIBILITY: The Contractor shall save the Town of New Fairfield, its agents or employees, harmless from

liability of any kind for all claims of labor payments and materials furnished for this work, and for use of any

copyrighted or uncopyrighted composition, secret process patented or unpatented invention, article or application

furnished or used in the performance of the contract of which the Contractor is not the patentee, assignee, or

licensee. The successful bidder agrees to indemnify and hold harmless the Town of New Fairfield, its agents and

employees from any and all liability arising out of the successful bidders’ operations, functions and/or supplied

items.

The successful bidder, vendor, and/or contractor must protect all property of the Town of New Fairfield (i.e. all

floors, furniture, grass, land, etc.) from injury or other damage. Any damage so caused must be repaired by

contractor/vendor at his/her own expense. At the completion of work, the vendor and/or contractor must remove

from the premises all surplus materials and all debris created by same. The premises must be left in a broom-clean

and finished condition acceptable to the owner or its agents. Successful bidder will furnish adequate protection

from damage for all work and to repair damage of any kind, for which he or his workers are responsible, to the

premises or equipment to his own work or to the work of other contractors.

DEFAULT: It shall be understood that a bidder supplying equipment and/or supplies will be considered to be in

default if/when they have not delivered the item(s) within the time constraints listed in this document or subsequent

purchase orders and/or contract. Bidders providing a service and/or construction will be considered to be in default

if/when they have failed to meet the completion date set forth in this document or its subsequent contract and/ or

purchase orders and/or they have ceased work on the project for a period of fifteen (15) working days, cumulative

or consecutive.

TRADE NAME REFERENCES: Any and all references to trade names, types, styles, model numbers, stock

numbers or catalogs are intended to be descriptive only and not restrictive. The intention is to indicate to bidders

the type and quality of the articles and or materials that will be satisfactory. When reviewing the information, it is

the responsibility of the prospective bidder to inform the Town of New Fairfield of any discrepancy that is found

(i.e. number listed does not fit item description). Bids received on other makes or models with reference to other

catalogs will be considered. The bidder is to clearly state in his/her bid exactly what he/she intends to furnish and to

furnish with his/her bid a cut or illustration or other descriptive matter that will clearly indicate and give

specification as to the product he/she proposes to furnish. Where a bid is offered on an item other than the trade

standard used in the specification the item should be identified on the bid form by entering the MAKE, TRADE

NAME AND MODEL NUMBER. It is understood that any substitute and/or alternate that might be offered are

guaranteed by the bidder to be of equal or better quality than is referenced in the bid. The item(s) must be

equivalent as to function, basic design, type and quality of material, method of construction and any required

dimensions. It shall be further understood that during original as well as subsequent shipments spot checks will be

performed to insure that the items received are in fact the items offered in the bid. When received, should

items/materials prove to be different from what was bid in any way, the bidder agrees to the return of the items and

agrees to supply correct items (per bid specifications) at the bidders expense. In the event this return action is

required, it is understood the bidder may be subject to removal from the Town’s approved bidder’s list. Bidders are

cautioned that surplus, seconds, factory rejects, floor samples, close outs or distressed items are not acceptable and

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shipments of substitutions, defective or shop-worn equipment will be returned for a full refund at the vendor’s

expense.

QUANTITY: The quantities and/or materials listed in the specifications/bid sheets may be increased or decreased

by the Town of New Fairfield or its designated representative based on actual need at the time the purchase orders

are placed.

QUALITY: The Town of New Fairfield reserves the right to reject any proposal in whole or in part offering

equipment and/or materials and/or services that in its or its agent’s opinion does not meet the quality standards

desired. Such decision is final and not subject to further recourse by the bidder.

SAMPLES: forwarded by the bidder will be returned to the bidder at his request and expense. Requests for return

of samples must be submitted in writing at the time the sample is given to the Town of New Fairfield or its

representative. Samples not returned to the bidder will be disposed of at the discretion of the Town of New

Fairfield or its designated representative. Large pieces of equipment submitted for evaluation and inspection are to

be picked up by the bidder within 30 days of the bid opening date. The Town of New Fairfield or its designated

agent will dispose of items not picked up within 30 days.

AWARD: It is the intent to award this bid in its entirety to one bidder; however, the Town reserves the right to

award the bid line item by line item if it is deemed in its best interest to do so. In addition, bidders are advised that

should budgetary constraints dictate, part, and/or all the items in this bid may be rejected. This decision shall be

considered final and not subject to recourse by the bidder.

In determining the lowest or highest responsible bidder, the Town reserves the right to consider, in addition to

price, the compatibility, quality, cost of maintenance and availability of parts, experience and/or past performance

of the bidder, sufficiency of the financial resources of the bidder as relates to the offerings as well as the ability of

the bidder to provide future maintenance and service.

Documents previously submitted to the Town of New Fairfield will not be considered as satisfying submission

requirements for this bid.

No bidder can claim any contract rights by virtue of bidding alone. Awarding of the contract means actual written

notice by letter and a properly executed purchase order to the bidder or bidders to whom the bid has been awarded.

LIQUIDATED DAMAGES: The successful bidder, upon his/her failure or refusal to deliver the item(s) or

perform the service(s) within the time requested, or offered, shall forfeit to the Town as liquidated damages for

such failure or refusal, an amount equal to the surety deposited with his/her bid. Such forfeiture shall not be

considered a penalty, but liquidated damages to compensate the Town for the loss or deprivation of such necessary

item(s) or service(s).

OPTION TO RENEW: This bid, once awarded, may be extended by mutual consent for up to two (2) additional

one-year periods.

BONDS (if applicable):

Performance Bond: The Contractor, when awarded the Bid, must submit within 10 days of the bid award, and

before beginning the work or signing a contract, a Performance Bond amounting to one hundred percent (100%) of

the total amount of the bid. Said performance bond must be in favor of the Town of New Fairfield and executed by

a surety company authorized to do business in the State of Connecticut. The Town of New Fairfield reserves the

right to retain the Bid Bond or Certified Check on bids below $25,000.00 as a Performance Bond. On bids of

$25,000.00 or more the Performance Bond may be furnished in the following manner: Performance Bond, Surety

Bond, Certified Check, Bank Check, Savings Account in either the Town & Vendor’s name or Letter of Credit.

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Maintenance Bond: The contractor, upon signing a contract and before beginning the work, must submit to the

Purchasing Agent a Maintenance Bond to guarantee that if defects in either labor or materials become evident

within one year after completion and acceptance of work will be fixed at no cost to the Town of New Fairfield. The

maintenance bond may be included as a portion of the Performance Bond or as a separate bond. If it is issued as a

separate bond said maintenance bond must be in favor of the Town of New Fairfield and issued by a surety

company licensed and authorized to do business in the State of Connecticut.

Labor and Material Bonds: Pursuant to Section 49-41(a) of the Connecticut General Statutes, as may be amended

from time to time, a project for the construction, alteration or repair of any public building or public work, where

the contract award amount is in excess of $100,000.00, a labor (payment) and material bond in the full amount of

the contract must be furnished to the Town with a surety or sureties satisfactory to the Town. Said bonds shall be

filed with the Purchasing Agent on or before the award date. Any such bond shall have as principal the name of the

person awarded the contract.

Consent for Release of Final Payment: AIA Document G707 & G706, or equivalent, must be signed and returned

by the Surety Company before final payment will be released to the contractor.

INSURANCE:

Certificate of Insurance: All insurers must have an AM Best rating of A-V11 or better and admitted to do

business in the State of Connecticut. All insurance policies must include a Waiver of Subrogation whereby the

insured waives its right to subrogate against the Town, its subsidiaries, employees, volunteers, directors and

officers. Proof of proper insurance coverage, Workers Compensation Insurance, Liability and Property damage, and

Vehicle Insurance shall be filed with the Town of New Fairfield Purchasing Agent within 10 days after the award

of the bid. The Certificate of Insurance must name the Town of New Fairfield, 3 Brush Hill Road, New Fairfield,

CT 06812, its subsidiaries, employees, volunteers, directors & officers as the “additional insured” and filed with the

Purchasing Agent prior to commencement of work. Renewal Certificates of Insurance must be mailed to the

Purchasing Agent 10 days prior to the expiration of the required coverage.

Workman’s Compensation Insurance: The Contractor shall take out and maintain during the life of the contract

adequate Workman’s compensation Insurance for all the employees employed on said work. In case any class of

employees or subcontractors is engaged in hazardous work under the contract at the site of the work is not protected

under the Workman’s Compensation statute, the contractor shall provide Workman’s Compensation Insurance for

the protection of employees not otherwise protected.

Liability Insurance: The Contractor shall take out and maintain for the life of the contract, adequate public

liability insurance insuring against liability to persons not employed by him in an amount of not less than

$1,000,000.00 for injuries, wrongful death to any one person and subject to the limit for each person in an amount

of not less than $2,000,000.00 on account of one accident and property damage insurance in an amount of not less

than $1,000,000.00.

Vehicle Insurance: The Contractor shall take out and maintain for the life of the contract, adequate

automotive/truck or other vehicle insurance with minimum coverage of $1,000,000.00 each for both liability and

under insured and uninsured motorist as well as any other coverage required by the State of Connecticut or

requested by an official of the Town of New Fairfield as relates to the contract.

Additional Security: The Town of New Fairfield reserves the right to require successful bidders to enter into and

such security arrangements as are deemed necessary to protect the Town of New Fairfield, its property and goods.

PERMITS: The successful bidder agrees to obtain all work/building permits as might be required. The cost of

obtaining such permits is the responsibility of the bidder. The Town of New Fairfield reserves the right to waive

local permit fees. In addition, it shall be understood that where property lines are to be considered, bidders are to

verify said lines and measurements with proper Town Officials prior to commencement of work. It is to be

understood that any/all specifications and/or plans or drawings contained in or developed as a result of the bid

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process are and shall be presented subject to the approval of the Town of New Fairfield planning, zoning and

building officials and that awards made prior to said approval are subject to cancellation.

PREVAILING WAGE: When the State of Connecticut Prevailing Wage Rate is applicable to the bid, the

successful bidder must submit a Certified Payroll Record prior to any request and/or invoice for payment.

SAFETY:

Machine and/or Equipment Hazard Assessment and Safety Training: Upon delivery of machines and/or

equipment, suppliers are required to provide to the end-user employees, at no additional charge, a training session,

which will emphasize hazard awareness and assessment and the safe use of such machinery/equipment.

Occupational Safety and Health Act of 1970: Seller shall warrant that the machinery, equipment or other

materials covered hereby shall upon delivery to the Town of New Fairfield, be in compliance with the standards

required by said Act and any updates as pertain to or reference said Act as well as the standards required by

comparable State and local laws, if any, for such machinery, equipment or other materials in effect at the time of

delivery.

Machines and/or Equipment Lockout/Tag out: In an effort to comply with OSHA’s final rule on the control of

hazardous energy sources, vendors must warrant that any and all machines and/or equipment as is covered under

this bid will be supplied and/or installed equipped with lockout/tag out devices as prescribed by OSHA.

Toxic Substance Control Act (PL94-469): Seller warrants that each and every chemical substance constituting or

contained in the products sold or otherwise transferred to the Town of New Fairfield under this bid and subsequent

purchase orders is not on the list of prohibited chemical substances compiled and published by the Administrator of

the Environmental Protection Agency pursuant to Act PL94-469 and are otherwise in compliance with said Act.

Hazardous Materials: Any materials required by this bid and subsequent purchase orders that are hazardous under

federal, state, or local statute, ordinance, regulation, or agency order will be packaged, labeled, marked and shipped

by the seller to comply with all federal, state and local regulations then in effect including but limited to the

p