| Location: | Connecticut |
|---|---|
| Posted: | Aug 17, 2026 |
| Due: | Sep 2, 2026 |
| Agency: | Town of North Branford |
| Type of Government: | State & Local |
| Category: |
|
| Solicitation No: | 27126 |
| Publication URL: | To access bid details, please log in. |
| Bid Number: |
27126
|
| Bid Title: |
Bid 27126 Extruded Curbing
|
| Category: | Bids |
| Status: | Open |
|
| Town of North Branford Purchasing Department 909 Foxon Road North Branford, CT 06471 Tel: 203-484-6005 Fax: 203-484-6025 | |
|---|---|
| INVITATION TO BID |
| The Town of North Branford ("Town") is accepting sealed Bids for the following: | ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Project Summary | ||||||||||||||
| Contract Name: | Extruded Curbing | |||||||||||||
| Solicitation #: | 27126 | Town/State Project #: | N/A | |||||||||||
| Projection Description: | Extruded Concrete Curbing | |||||||||||||
| Department: | Engineer | |||||||||||||
| Advertised Date: | August 16, 2026 | |||||||||||||
| Bid Due Date: | September 2, 2026 | Bid Opening Time: | 11:00 | AM | ||||||||||
| Contract Term: | Award Through 9/30/2027 | W 1 renewal option 10/1/2027-9/30/2028 | ||||||||||||
| Solicitation Type: | SERVICE | X | CONSTRUCTION | |||||||||||
| Material Markup Allowed | X pricing will be all inclusive | No | Yes | If yes enter percent markup on your Statement of Qualifications form | ||||||||||
| Insurance Requirements: | Rider 100 | (This Rider is attached) | ||||||||||||
| Budget Estimate for year 1 | $75,000 | |||||||||||||
| Bid Bond: | YES | X | NO | Amount: | X | % | ||||||||
| Labor, Material and Performance Bond: | N/A | |||||||||||||
| Wage Rates: | X | Prevailing Wage State | Davis Bacon Federal | |||||||||||
| Responses must be submitted in the form and manner specified in this request. bids@nbct.us Submit bids digitally to: |
Town of North Branford
Purchasing Department
909 Foxon Road
North Branford, CT 06471
Tel: 203-484-6005 Fax: 203-484-6025
INVITATION TO BID
The Town of North Branford ("Town") is accepting sealed Bids for the following:
Project Summary
Contract Name: Extruded Curbing
Solicitation #: 27126 Town/State Project #: N/A
Projection Description: Extruded Concrete Curbing
Department: Engineer
Advertised Date: August 16, 2026
Bid Due Date: September 2, 2026 Bid Opening Time: 11:00 AM
Contract Term: Award Through 9/30/2027 W 1 renewal option 10/1/2027-9/30/2028
Solicitation Type: SERVICE X CONSTRUCTION
Material Markup Allowed X pricing No Yes If yes enter percent markup on your
will be all Statement of Qualifications form
inclusive
Insurance Requirements: Rider 100 (This Rider is attached)
Budget Estimate for year 1 $75,000
Bid Bond: YES X NO Amount: X %
Labor, Material and N/A
Performance Bond:
Wage Rates: X Prevailing Wage Davis Bacon
State Federal
Responses must be submitted in the form and manner specified in this request.
bids@nbct.us
Submit bids digitally to:
Extruded Concrete Curbing Bid #27126 Page 1 of 22
| Item # | PAGE | |
|---|---|---|
| Cover Page & Invitation to Bid - Project Summary | 1 | |
| Table of Contents | 2 | |
| 1 | Instructions to Bidders & Bid Documents | 3 |
| 2 | Internet Access | 4 |
| 3 | Solicitation Downloads | 4 |
| 4 | Inspection of Site | 4 |
| 5 | Inquiries for Clarification | 4 |
| 6 | Addendum to Bid Documents | 4 |
| 7 | Applicable Laws and Regulations | 5 |
| 8 | Contract Term | 5 |
| 9 | Insurance Requirements | 5 |
| 10 | Indemnification and Hold Harmless | 5 |
| 11 | Brand Name and Packaging | 6 |
| 12 | Unit Prices, Bid Quantities and Tax-Exempt Status | 6 |
| 13 | Wages and Salaries | 6 |
| 14 | Commission on Human Rights (CHRO) | 6 |
| 15 | Construction Related Permits | 6 |
| 16 | Alternate Bids | 6 |
| 17 | Warranty | |
| 18 | Calculation Sheet | 6 |
| 19 | Bid Process and Submission | 7 |
| 20 | Bid Bond | 7 |
| 22 | Bid Protest | 8 |
| 22 | Award of Contract | 8 |
| 23 | Execution of Contract | 8 |
| 24 | Notice to Proceed | 9 |
| 25 | Termination of Contract / Assignment / Default / Delivery Failures / Non-Liability | 9 |
| 26 | Non-Discrimination | 10 |
| INSURANCE RIDER | 11 | |
| BID SPECIFICATIONS | ||
| CALCULATION SHEET | ||
| TOWN FORMS SIGNATURE PAGE | ||
| SUBCONTRACTOR LISTING | ||
| BID BOND FORM (see Project Summary for applicability) | ||
Town of North Branford
Table of Contents
Item # PAGE
Cover Page & Invitation to Bid - Project Summary 1
Table of Contents 2
1 Instructions to Bidders & Bid Documents 3
2 Internet Access 4
3 Solicitation Downloads 4
4 Inspection of Site 4
5 Inquiries for Clarification 4
6 Addendum to Bid Documents 4
7 Applicable Laws and Regulations 5
8 Contract Term 5
9 Insurance Requirements 5
10 Indemnification and Hold Harmless 5
11 Brand Name and Packaging 6
12 Unit Prices, Bid Quantities and Tax-Exempt Status 6
13 Wages and Salaries 6
14 Commission on Human Rights (CHRO) 6
15 Construction Related Permits 6
16 Alternate Bids 6
17 Warranty
18 Calculation Sheet 6
19 Bid Process and Submission 7
20 Bid Bond 7
22 Bid Protest 8
22 Award of Contract 8
23 Execution of Contract 8
24 Notice to Proceed 9
25 Termination of Contract / Assignment / Default / Delivery Failures / Non-Liability 9
26 Non-Discrimination 10
INSURANCE RIDER 11
BID SPECIFICATIONS
CALCULATION SHEET
TOWN FORMS SIGNATURE PAGE
SUBCONTRACTOR LISTING
BID BOND FORM (see Project Summary for applicability)
Extruded Concrete Curbing Bid #27126 Page 2 of 22
| Bid Cover Sheet | This document need not be returned with your submission | |
|---|---|---|
| Invitation to Bid with Project Summary | This document need not be returned with your submission | |
| Instruction to Bidders | This document need not be returned with your submission | |
| Specifications | This document need not be returned with your submission | |
| Attachment to Specifications | This document need not be returned with your submission | |
| BID SUBMISSION | ||
| 1. | Town Forms Signature Page (the following list of documents are part of the Town Forms Signature Page a-f) | Required with your Bid Submission |
| a | Certificate of Non-Arrearage | Acknowledge on Town Forms Signature Page |
| b | Non-Collusion Affidavit | Acknowledge on Town Forms Signature Page |
| c | Affirmative Action Statement | Complete & Acknowledge on Town Forms Signature Page |
| d | Wage Rate Form | Acknowledge on Town Forms Signature Page only if applicable per Project Summary Above |
| e | Statement of Qualifications | Complete & Acknowledge on Town Forms Signature Page |
| f | References | Complete & Acknowledge on Town Forms Signature Page |
| 2. | Subcontractor Listing | Complete & Required with your Bid Submission (include even if none) |
| 3. | Calculation Sheet | Complete & Required with your Bid Submission |
| 4. | Bid Bond | Required with your Bid Submission only if applicable per Project Summary Above |
INSTRUCTIONS TO BIDDERS
1 Bid Documents -
the following documents are hereinafter collectively referred to as "Bid Documents" and each a Bid Document.
Bid Cover Sheet This document need not be returned with your submission
Invitation to Bid with Project Summary This document need not be returned with your submission
Instruction to Bidders This document need not be returned with your submission
Specifications This document need not be returned with your submission
Attachment to Specifications This document need not be returned with your submission
BID SUBMISSION
1. Town Forms Signature Page (the following list of Required with your Bid Submission
documents are part of the Town Forms Signature Page a-f)
a Certificate of Non-Arrearage Acknowledge on Town Forms Signature Page
b Non-Collusion Affidavit Acknowledge on Town Forms Signature Page
c Affirmative Action Statement Complete & Acknowledge on Town Forms Signature Page
d Wage Rate Form Acknowledge on Town Forms Signature Page
only if applicable per Project Summary Above
e Statement of Qualifications Complete & Acknowledge on Town Forms Signature Page
f References Complete & Acknowledge on Town Forms Signature Page
2. Subcontractor Listing Complete & Required with your Bid Submission (include even if none)
3. Calculation Sheet Complete & Required with your Bid Submission
4. Bid Bond Required with your Bid Submission only if applicable per Project
Summary Above
(a) These Bid Documents include a complete set of forms.
(b) Bidder may not qualify or alter the terms of the solicitation or Calculation Sheet.
(c) Bid/Responses to solicitation opportunities should be submitted through the web portal.
bids@nbct.us
Submit bids digitally to:
Extruded Concrete Curbing Bid #27126 Page 3 of 22
2. Internet Access
(a) The Town cannot guarantee that equipment involved in Bid Submission and/or solicitation technology will be
available to provide information or to receive transmittals. It is your responsibility to ensure that you have
current information and that your Submission is received at the designated location complete and on time.
The Town is not responsible for the confidentiality of information transmitted over the Internet.
(b) Downloading solicitations of any type does not obligate the Town to send you future notifications of
solicitations or addendum updates.
3. Solicitation Downloads
(a) Every part of this document may be downloaded from the website at no cost to you. If you require a third
party to print the specifications and/or drawings, that cost will be borne by you.
(b) Drawing File Format: PDF
(c) You can download Adobe Acrobat to view the files in PDF format.
4. Inspection of Site
(a) Each Bidder should visit the site of the proposed work and fully acquaint itself with the existing conditions
there relating to construction and labor and should fully inform itself as to the facilities involved, in addition
to the difficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly
examine and familiarize itself with the site, drawings, technical information/notations, and all Bid
Documents.
(b) The Bidder shall in no way be relieved of any obligation to receive or examine any form or legal instrument,
or to visit the site and acquaint itself with the conditions there existing.
5. Inquiries for Clarification
(a) The Town will not respond to a Bidder's request(s) for oral interpretation and/or clarification of the Bid
Specifications for any reason.
(b) The Town will respond to a Bidder's written request(s) for interpretation and/or clarification of the Bid
Specifications.
(1) Any written Inquiry for Clarification must be received seven (7) or more business days prior to
the Bid Opening Date and Time. Any request received by the Town after this deadline may
not be given consideration.
(2) Every request for such an interpretation shall be made in writing via email to
mfumiatti@northbranfordct.gov.
(3) Please do not send questions or requests for clarification in a PDF format.
(4) Every interpretation made to a Bidder will be in the form of an Addendum to the Bid
Documents.
6. Addendum to Bid Documents
(a) All Addendum to the Bid Documents shall become part of the Bid. Bidders are required to check the
Website for Addendum. Each Bidder shall be bound by such Addendum whether or not received/viewed by
the Bidder.
(b) We will endeavor to post Addendum(s) regarding Inquires for Clarification, not less than five (5) calendar
days prior to the Bid Closing Date and Time.
Extruded Concrete Curbing Bid #27126 Page 4 of 22
(c) Addendum(s) regarding extension of time will be posted on the Town website, any time prior to the Bid
Closing Date and Time.
7. Applicable Laws and Regulations
(a) All applicable state, federal and local laws, statutes, Ordinances, Charter provisions, rules, regulations, and
codes shall be adhered to by contractor in all aspects of the project.
(b) Any disputes between contractor and Town shall be subject to non-binding mediation as a condition precedent
to the commencement of any lawsuit. Any lawsuit shall be brought in the Judicial District of New Haven at New
Haven.
(c) Contractor shall be required to determine the applicability of and comply with all applicable legal requirements,
including but not limited to prevailing wage laws, contractor prequalification statutes and non-resident contractor
requirements.
8. Contract Term - (see Project Summary for applicability)
(a) The terms of the contract, as a result of this solicitation, shall be as stated in the Project Summary and/or
the Specifications. If there are any options to renew, all renewals will be at the sole discretion of the Town
and pursuant to the same terms and conditions.
9. Insurance Requirements - (see attached Rider for Limits)
(a) Insurance will be required for the entire term of the contract.
(b) The contractor, following award of the contract will be required to furnish to the Town of North Branford a
Certificate of Insurance.
10. Indemnification and Hold Harmless
The contractor shall, at all times, indemnify and save harmless the Town of North Branford, its officers,
agents, and servants on account of any and all claims, damages, losses, litigation expense, counsel fees
and compensation arising out of injuries (including death) sustained by or alleged to have been sustained
by the public, any or all persons affected by the contractor's work, or by the contractor, any sub-
contractor, material, or anyone directly or indirectly employed by them or any one of them while engaged
in the performance of this contract.
11. Brand Name and Packaging
(a) A brand name, model number or other designation that identifies the product of a manufacturer may be
indicated. Other brands will be considered, provided they meet the quality standards of the brands listed
within. Product literature, i.e. (M.S.D.S.) and a sample of the product must accompany any substituted
product prior to bidding.
(b) Bidders shall submit with their bid, detailed specifications and literature, catalogs and all necessary data
concerning commodities to be furnished. The information shall be clearly labeled to correspond with item
number on the bid calculation sheet. Failure to submit any of the required information as specified above
may result in the rejection of your bid.
(c) All items shall be packed in accordance with the prevailing commercial practices, in such a manner as to
insure delivery in good condition.
(d) Bidders shall indicate on the calculation or attachment, for each item, the brand or trade names of the
product that they propose to supply to the Town of North Branford. If the product is not identified with the
brand or trade name, bidders shall indicate the name of the producer or manufacturer of the product.
Extruded Concrete Curbing Bid #27126 Page 5 of 22
12. Unit Prices, Bid Quantities and Tax-Exempt Status
(a) The Unit Prices for each of the Bid items include its pro rata share of overhead so that the sum of the
products obtained by multiplying the quantity shown for each item by the unit price represents the total Bid.
Special attention is called to this section because in the event it is necessary to revise the quantities, the
increase or decrease thereof may be made without limit and adjustment and compensation shall be made
on the basis of the Unit Prices for such items.
(b) Unit Prices should not include federal excise or state sales taxes. state sales tax is exempt under
Connecticut General State Statute Sec. 12-412. The Town is also exempt from transportation taxes when
goods are consigned to the Town. Tax Exemption certificates will be furnished by the Finance Department
upon satisfactory proof of delivery to the Town.
(c) It is understood and agreed that the Unit Prices shall control the Contract award.
(d) The quantities noted in this Bid are approximate (estimated only for use in comparing Bids); and the sums
obtained by multiplying the Unit Prices by the estimated quantities, and also the total of these sums, are
inserted for the purpose of checking this Bid and for the convenience of the Bidder. The Unit Prices paid are
for the actual ordered quantities only.
(e) Shipments should be consigned to the Town in the care of the Contractor.
(f) Unbalanced high or low Bid Unit Prices will be reviewed and may be grounds for rejection.
13. Wages and Salaries
(a) See Project Summary for applicability.
(b) Salary rates and the classification of employees shall be as specified in the Bid Documents.
(c) The rate of pay set forth in the Bid Documents is the minimum that shall be paid during the life of the
Contract. Bidders must inform themselves about local labor conditions (e.g. the length of work day and the
work week, overtime compensation, health and welfare contributions, labor supply and prospective changes
and adjustments of rates).
14. Commission of Human Rights and Opportunities (CHRO)
See Project Summary for applicability - generally when state funding is involved.
15. Construction Related Permits
The contractor is responsible for all fees associated with Permits.
16. Alternate Bids
No alternate Bids will be considered unless alternate Bids are specifically requested by the Town.
17. Warranty
(a) A minimum of a One-year warranty is required for Labor and installation,
(b) Indicate the material warranty on the calculation sheet.
18. Calculation Sheet
(a) A Calculation sheet is attached and is required with your bid submission.
(b) A brand name, model number or other designation that identifies the product of a manufacturer may be
indicated. Other brands will be considered, provided they meet the quality standards of the brands listed
within. Product literature, i.e. (M.S.D.S.) must accompany any substituted product with your submission.
Extruded Concrete Curbing Bid #27126 Page 6 of 22
19. Bid Process and Submission
(a) Bid Process
(1) Bids received prior to the advertised hour of closing are kept in a secure location. (This is the case in
both hardcopy and/or digital submissions)
bids@nbct.us
(2) Digital Submission: (preferred method) submit bids digitally to:
(3) Hard Copy submission: submit bids to Town of North Branford Purchasing Department, 909 Foxon
Road, North Branford, CT 06471
(4) Bid Closing - At the time and place fixed for the opening of Bids, the Town will open and publicly read
aloud every Bid received by the submission deadline. Bidders and other interested parties may be
present, in person or by representative.
(5) Late Submittals -No bids will be accepted after the closing date and time.
(6) Withdrawal of Bids - Bids may be withdrawn by you prior to the Bid Closing Date and Time by notifying
the Purchasing Department.
(7) Bid Rejections - The Town reserves the right to reject any and all Bids which do not meet the
requirements of a lowest qualified responsible Bidder. Some reasons for rejection include but are not
limited to altered or qualified Calculation Sheet, non-conforming Bid Bonds, incomplete or erroneous
paperwork. Unbalanced High or Low Unit Pricing, and/or not habitually performing with the Bidder's own
forces.
(8) After bids are received the Town Manager and Purchasing Assistant may analyze whether vendors
have submitted comparable bids and meet the requirements called for. In reviewing bids, the Town
Manager and Purchasing Assistant may consider the past performance and service experience of the
vendors. The Town Manager reserves the right to choose to make purchases other than strictly in
accordance with price consideration, and/or to choose other than the lowest bidder, if it be deemed in
the best interest of the Town of North Branford. Multiple vendors can be awarded this contract.
(9) Bid Rejection Notification - Should the Town reject a Bid for any reason, the Bidder shall be notified. In
case of such rejection, the Town will return the Bid Bonds to the Bidder(s). No other part of a Bid
Submission will be returned.
(10) The Town reserves the sole and absolute right to withdraw the Invitation to Bid at any time, and to reject
any and all bids.
(b) Bid Submission
(1) Each Bid must be submitted in the prescribed format whether the submission is in an electronic format
or hardcopy. All blank spaces must be filled in as noted. Bid responses must give the prices in
numerical figures. No changes shall be made to the Town's documents for any reason.
(2) The Bidder shall sign their Bid in the blank space provided for this purpose. If the Bid is made by a
partnership or corporation, the name and address of the partnership or corporation shall be indicated,
and the Bid Submission must be acknowledged by a corporate officer as applicable. Any partner or
corporate stockholder owning 25% or more of the business shall also be disclosed.
(3) The Town may consider any Bid not prepared and submitted in accordance with the provisions hereof,
and may, at its option, waive any informalities.
(4) No Bidder may withdraw a Bid within one hundred twenty (120) days after the actual date of the opening
thereof.
20. Bid Bond (see Project Summary for applicability)
(a) For Construction related Bids, a Bid Bond is required if indicated in the Project Summary above and/or if
your Bid exceeds $100,000. When a Bid Bond is required, the Awardee will be required to produce a Labor
Material and Performance Bond for the total contract amount (this is also detailed in the Project Summary).
(b) The Bid Bond shall not be less than the percentage specified in the Project Summary above. At the option of
the Bidder, the guaranty may be a certified check, negotiable U.S. Government Bonds (at par value),
Electronic Bid Bond, or a Bid Bond in the form attached.
(c) The Bid Bond shall be secured by a guaranty or surety company authorized and qualified to do business in
the State of Connecticut.
(d) Certified check must be made payable to the order of the Town of North Branford. Cash deposits will not be
accepted.
(e) The Bid guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds
by the successful Bidder, all as required by the Contract Documents.
Extruded Concrete Curbing Bid #27126 Page 7 of 22
(f) All Bid Bonds will be verified within one day of the solicitation opening to verify accuracy. Any rejected Bids
that have an accompanying Bid Bond, the Bid Bond will be returned.
(g) Bid Bond Procedures - You must complete the surety forms and they must be in the Purchasing
Department's office prior to the bid opening date and time, or your Bid will be considered nonresponsive and
rejected. Your hard copy bid bond will stay in the project folder, until such time as an award is made and the
contract is fully executed.
21. Bid Protest
(a) Any Bid protest must be submitted in writing. Bidders may file a written protest of the Bid results with the
Town's Purchasing Assistant, within 48 hours of the posting of the Bid results on the Town Website.
(b) A protest must be submitted via email, mfumiatti@northbranfordct.gov, or
Fax, 203-484-6025.
(c) The Town will acknowledge receipt of written protest. If the Purchasing Assistant or representative has
not acknowledged receipt of the protest by the close of business on the following day, please contact
the Purchasing Department at 203-484-6005 or Fax at 203-484-6025.
22. Award of Contract
(a) The Town will endeavor to award a contract for this Bid within one hundred and twenty (120) days after
the date of the Bid opening. All Bidders acknowledge their Bid submittal will be valid for the duration of
the one hundred and twenty (120) days timeframe.
(b) The Town reserves the right to separately Bid or secure pricing from additional contractors that may
relate to the goods and/or services in the instant Bid, whether or not such goods and/or services are
additional to the quantities stated in the instant Bid.
(c) The Town of North Branford reserves the right to award one or more contracts as a result of this bid
solicitation.
(d) The Town will not award to any contractor who is ineligible under any of applicable regulations issued
by the Secretary of Labor and United States Department of Labor.
(e) The Town will not award to any contractor who is not qualified under applicable state and local laws and
regulations.
(f) Without limiting the generalities of the foregoing, a contractor will be deemed ineligible if they are not
current with any taxes or other outstanding obligations to the Town of North Branford.
(g) Should a Contract be awarded, it will be awarded by the Town to the lowest responsible qualified Bidder
on the basis of the lowest Base Bid.
(h) Availability of funds - The awarding of all contracts is contingent upon availability of appropriate funds.
In the event that funding is not available at the time of award and/or execution of the contract the Town
reserves the right to cancel the Bid.
(i) All Bid Bonds will be returned to all Bidders upon the execution of the contract documents to the
awarded Bidder.
23. Execution of Contract
(a) In executing the Agreement, the Awardee will be required to reaffirm and restate any and all
representations made in its Bid Submission.
(b) Subsequent to the notice of award and within ten (10) days after the prescribed forms are presented for
signature, the Awardee shall execute and deliver to the Town the Agreement in the form included in the
Contract Documents, in such number of copies as the Town shall require.
(c) The failure of the Awardee to execute such Agreement, pay any taxes due, to supply the required bonds
or submit the Certificate of Insurance, all within ten (10) days after the prescribed forms are presented
for signature, or within such extended period as the Town grants based upon reasons determined
sufficient by the Town, shall constitute a default and the Town reserves the right to any remedies
available at law or in equity including pursuit of Bid Bond. The Town may either award the Contract to
the next lowest responsible Bidder or re-advertise for Bids.
(d) Performance Labor and Material Bonds - (see Project Summary for applicability)
Extruded Concrete Curbing Bid #27126 Page 8 of 22
Having satisfied all conditions of award as set forth elsewhere in these documents, the successful
Bidder shall, within the period specified in paragraph "A" above, furnish a bond in a penal sum not less
than the amount of the Contract as awarded, as security for the faithful performance of the Contract,
and a labor and material bond for payment of all persons, firms or corporations to whom the Contractor
may become legally indebted for labor, materials, tools, equipment, or services of any nature including
utility and transportation services, employed or used by him in performing the work. Such bonds shall
be in the same form as those included in the Bid Documents and shall bear the same date, or a date
subsequent to that of the Agreement. These bonds shall be signed and issued by a guaranty or surety
company satisfactory to the Town, authorized and qualified to do business in the State of Connecticut,
and listed in the latest issue of the U.S. Treasury Circular 570, and the penal sum any such bond shall
be within the maximum specified for such company in said Circular 570. The current power of attorney
for the person who signs for any surety company shall be attached to such bonds.
(e) The Town shall have the right, upon advance notice, to inspect and audit contractor's books and
records concerning the project.
(f) Time is of the essence with regard to the contractor's performance of its obligations to the Town.
24. Notice to Proceed
Once a contract is executed the Town department responsible for requesting the work or the Town Manager will
issue a Notice to Proceed.
25. Termination of Contract / Assignment / Default / Delivery Failures / Non-Liability
Contracts will remain in force for full periods specified, and until all articles ordered before the termination have
been delivered and accepted, unless:
a. TERMINATION FOR CONVENIENCE: This Agreement, notwithstanding anything to the contrary herein above
or hereinafter set forth, may be terminated by Town at any time without cause or legal excuse by providing the
other party with thirty (30) calendar days written notice of such termination. Upon effective date of termination,
Town shall have no further liability to Contractor except for payment for actual services incurred during the
performance hereunder. Such liability is limited to the time specified in the said notice and for services not
previously reimbursed by Town. Such liability is further limited to the extent such costs are actual, necessary,
reasonable, and verifiable costs and have been incurred by Contractor prior to, and in connection with,
discontinuing the work hereunder.
b. TERMINATION FOR CAUSE: The Town may terminate this Agreement and be relieved of making any
payments to Contractor, and all duties to Contractor should the Contractor fail to perform any material duty or
obligation of the Agreement. Notice shall be given as otherwise provided herein. In the event of such
termination the Town may proceed with the work in any manner deemed proper by the Town. All costs to the
Town shall be deducted from any sum otherwise due to the Contractor and the balance, if any, shall be paid to
the Contractor upon demand. Such a remedy is in addition to such other remedies as may be available to the
Town provided by law.
c. FORCE MAJEURE: Neither party will be liable for failure or delay to perform obligations under this Agreement,
which have become practicably impossible because of circumstances beyond the reasonable control of the
applicable party. Such circumstances include without limitation natural disasters or acts of God; acts of
terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics, or outbreak of
communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in
kind to the foregoing or otherwise, beyond the party's reasonable control. Written notice of a party's failure or
delay in performance due to force majeure must be given to the other party no later than five (5) business days
following the force majeure event commencing, which notice shall describe the force majeure event and the
actions taken to minimize the impact thereof. All delivery dates under this Agreement affected by force majeure
shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but
reschedule the pertinent obligations and deliverables for mutually agreed dates as soon as practicable after the
force majeure condition ceases to exist.
d. ASSIGNMENT: Contractor shall not assign, transfer, sublet or otherwise dispose of his contract, or his right,
title, or interest therein, or his powers to execute such contract to any other person, firm or corporation, without
the previous written consent of the Purchasing Assistant. In no case shall such consent relieve the contractor
from his obligations under the contract, nor shall consent change the terms of the contract. If the contractor
assigns, transfers, conveys, sublets, or otherwise disposes of his contract or his right, title, or interest therein,
without obtaining prior written consent from the Purchasing Assistant, the Purchasing Assistant may cancel the
contract in whole or in part.
Extruded Concrete Curbing Bid #27126 Page 9 of 22
e. DEFAULT: The contract may be cancelled or annulled by the Purchasing Assistant in whole or in part by written
notice of default to the contractor upon non-performance or violation of contract terms. An award may then be
made to next lowest responsible bidder, or, articles specified may then be purchased on the open market similar
to those so terminated. In either event, the defaulting contractor (or his surety) shall be liable to the Town for
costs to the Town in excess of the defaulted contract prices: Provided, that the contractor shall continue the
performance of the contract to the extent not terminated under the provisions of this clause. Failure of the
contractor to deliver materials or services within the time stipulated on his bid, unless extended in writing by the
Purchasing Assistant, shall also constitute contract default.
f. DELIVERY FAILURES: Failure of a contractor to deliver within the time specified or to deliver within the time
extended by the Purchasing Assistant, and failure to make replacements of rejected articles when so requested,
immediately or as directed by the Purchasing Assistant, shall constitute contract default and authorize the
Purchasing Assistant to purchase in the open market articles of comparable grade to replace articles rejected or
not delivered. On all such purchases, the contractor shall reimburse the Town, within a reasonable time as
specified by the Purchasing Assistant, for any expenses incurred in excess of contract prices or the Town may
deduct such amount from monies owed the defaulting contractor. Such substitute purchases shall be deducted
from contract quantities. Should public necessity demand it, the Town reserves the right to use or consume
articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the
Purchasing standard.
g. NON-LIABILITY: The Contractor shall not be liable in damages for delay in shipment or failure to deliver when
such delay or failure is the result of fire, flood, strike, act of God, act of government, act of an alien enemy or any
other circumstances which, in the Purchasing Assistant's opinion, is beyond the control of the Contractor. Under
such circumstances, however, the Purchasing Assistant may, in his discretion, cancel the contract.
26. Non-Discrimination
In performing under this contract, shall not discriminate against any worker, employee or applicant, or any
member of the public, because of race, creed, color, age or national origin, nor otherwise commit an unfair
employment practice. Contractor further agrees that this article will be incorporated by contractor in all
contracts entered into with suppliers of materials or services, contractors and sub-contractors and all labor
organizations, furnishing skilled, unskilled and craft union skilled labor, or who may perform any such labor or
services in connection with this contract. The following principles and requirements of Equal Opportunity and
Affirmative Action, as incorporated herein, will be incorporated into "Equal Opportunity - Non-Discrimination
Clause" to be included in all bid documents, purchase orders, lease and contracts. The principles of
Affirmative Action are addressed in the 13th, 14th, and 15th Amendments of the United States Constitution,
Civil Rights Act of 1886, 1870, 1871, Equal Pay Act of 1963, Title VI and VII of the 1964 United States Civil
Rights Act, Presidential Executive Orders 11246, amended by 11375, (nondiscrimination under federal
contracts), Act 1, Section 1 and 20 of the Connecticut Constitution, Governor Grasso's Executive Order
Number 11, Governor O'Neill's Executive Order Number 9, the Connecticut Fair Employment Practices Law
(Sec. 46a-60-69) of the Connecticut General Statutes, Connecticut Code of Fair Practices (46a-70-81),
Deprivation of Civil Rights (46a-58 (a) (d) ), Public
Accommodations Law (46a-63-64), Discrimination against Criminal Offenders (46a-80), definition of blind
(46a-5 1 (l) ), definition of Physically Disabled (46a-51 (15) ), definition of Mentally Retarded (46a-51 (13) ),
cooperation with the Commission on Human Rights and opportunities (46a-77), Sexual Harassment (46a-60
(a) -8), Connecticut Credit Discrimination Law (360436 through 439), Title 1 of the State and the Local Fiscal
Assistance Act of 1972.
The Contractor shall comply with the Provisions of the Immigration Reform and Control Act of 1986 effective
and enforceable as of June 6, 1987 which Act makes unlawful the hiring for employment or subcontracting
individuals failing to provide documentation of legal eligibility to work in the United States. The Contractor
shall hold the Town of North Branford harmless for the failure of the Contractor to comply with the provisions
of said Act.
Extruded Concrete Curbing Bid #27126 Page 10 of 22

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