002-131 - Project Manual (11-02-26).pdf

Project Manual

Construction of Train Station Area Pedestrian Accessibility Improvements

City of Ansonia

Project No. 0002-0131 F.A.P. No. PEDS (261)

Prepared for:

Mayor Frank Tyszka

Prepared by:

April 2026

Rev. November 2026

0002-0131 Index-1

CONSTRUCTION OF

TRAIN STATION AREA PEDESTRIAN ACCESSIBILITY IMPROVEMENTS

CITY OF ANSONIA

PROJECT MANUAL INDEX

Description Page Number

SECTION 01 – PROJECT INFORMATION

Invitation to Bid 1-1

Instructions to Bidders 1-2 to 1-7

General Conditions 1-8 to 1-35

Supplemental Conditions 1-36 to 1-42

SECTION 02 – BID DOCUMENTS

Bid Form 2-1 to 2-8

Statement of Bidders Qualifications 2-9 to 2-10

Non-Collusion Affidavit of Prime Bidder 2-11

Form of Surety Guarantee and Bid Bond 2-12 to 2-15

Construction Contracts – Required Contract Provisions

(FHWA and State Funded Contracts) 2-17 to 2-73

SECTION 03 – POST AWARD FORMS

Agreement 3-1 to 3-8

Performance Bond and Labor and Material Bond 3-9 to 3-13

SECTION 04 – SPECIAL PROVISIONS

Index to Special Provisions

Specification Summary

Contract Time and Liquidated Damages

Notice to Contractor – Maintenance and Protection of Traffic

Notice to Contractor – Construction Signs

Section 1.07 – Legal Relations and Responsibilities

Section 1.08 – Prosecution and Progress – Limitation of Operations

Section 10.00 – General Clauses for Highway Illumination and Traffic Signal Projects

0002-0131 Index-2

Item #0201001A – Clearing and Grubbing

Item #0406128.30A – Bituminous Concrete Patching – Pavement Reconstruction

Item #0406194A – Joint and Crack Sealing of Bituminous Concrete Pavement

Item #0814002A – Reset Granite Stone Curbing

Item #0915000A – Tree Protection

Item #0950019A – Turf Establishment – Lawn

Item #0971001A – Maintenance and Protection of Traffic

Item #0979005A – Pedestrian Barricade

Item #1206023A – Removal and Relocation of Existing Signs

Item #1208931A – Sign Face - Sheet Aluminum (Type IX Retroreflective Sheeting)

Item #1220027A – Construction Signs

SECTION 05 - PROJECT DRAWINGS

TSH-1 Title Sheet

TYP-1 Typical Section

INX-1 Index Plan and General Notes

PLN-1 to PLN-2 General Plan

DTR-1 to DTR-6 Pedestrian Detour

MDS-1 to MDS-7 Miscellaneous Details

CTDOT Highway Standard Detail Sheets

CTDOT Traffic Standard Detail Sheets

0002-0131 Invitation to Bid Section 1-1

INVITATION TO BID

CONSTRUCTION OF

TRAIN STATION AREA PEDESTRIAN ACCESSIBILITY IMPROVEMENTS

Honorable Frank Tyszka, Mayor

The City of Ansonia, Connecticut is soliciting sealed bids for furnishing all labor, tools, materials and equipment required for the proposed Construction of Train Station Area Pedestrian

Accessibility Improvements project, State Project No. 02-131, Federal-aid Project No. PEDS(261), as shown on the attached Contract Documents.

Sealed bids will be received electronically to Beth Lynch blynch@ansoniact.org or Diana Branch dbranch@ansoniact.org and/or via hard copy to the Office of the Town & City Clerk, 253 Main

Street, Ansonia, CT 06401, until 3:00pm. local time, on Monday, November 30, 2026. Bids will then be publicly opened and read aloud. No Bidder may withdraw their bid for a period of 120 days after the date of bid opening.

The Contract Documents will be available for review electronically on the City’s website www.cityofansonia.org and the DAS Contracting Portal https://portal.ct.gov/das/ctsource/bidboard?language=en_US on November 2, 2026 or electronically via Diana Branch dbranch@ansoniact.org and/or Sheila O’Malley s.omalley@sheltonedc.com.

A satisfactory Bid Bond or Certified Check, in the amount equal to ten percent (10%) of the base bid, shall be submitted with each bid. The Bid Bond or Certified Check shall be made payable to the City of Ansonia and shall be properly executed by the Bidder and acceptable sureties. All bonds must be sureties registered in the State of Connecticut.

Labor and Material Payment Bond and a Performance Bond for one hundred (100%) percent of the contract price, with a corporate surety approved by the City of Ansonia, will be required of the lowest responsible bidder.

The City reserves the right to reject any or all bids, in whole or in part, if it is deemed to be in the best interest of the City of Ansonia.

The City of Ansonia is an Affirmative Action/Equal Opportunity Employer.

Minority/Women’s Business Enterprises are encouraged to apply.

mailto:blynch@ansoniact.org mailto:dbranch@ansoniact.org http://www.cityofansonia.org/ https://portal.ct.gov/das/ctsource/bidboard?language=en_US mailto:dbranch@ansoniact.org mailto:s.omalley@sheltonedc.com

0002-0131 Instructions to Bidders Section 1-2

CONSTRUCTION OF

TRAIN STATION AREA PEDESTRIAN ACCESSIBILITY IMPROVEMENTS

INSTRUCTIONS TO BIDDERS

ARTICLE 1. QUALIFICATIONS OF BIDDERS

1.1 Bidders may be investigated by OWNER to determine if they are qualified to perform the Work.

All Bidders shall be prepared to submit within five days of OWNER’s or ENGINEER’s request, written evidence of such information and data necessary to make this determination.

1.2 The investigation of a Bidder will seek to determine whether the organization is adequate in size, is authorized to do business in the jurisdiction where the project is located, has had previous experience and whether available equipment and financial resources are adequate to assure OWNER that the Work will be completed in accordance with the terms of the Agreement. The amount of other work to which the Bidder is Committed may also be considered.

1.3 Each Bid must be accompanied by the completed Statement of Bidder’s Qualifications found in these special provisions.

1.4 In evaluating Bids, OWNER will consider the qualifications of only those Bidders whose Bids are in compliance with the prescribed requirements.

1.5 OWNER reserves the right to reject any Bid if the evidence submitted by, or the investigation of, such Bidder fails to satisfy OWNER that such Bidder is properly qualified to carry out the obligations of the Contract Documents and to complete the Work contemplated therein.

ARTICLE 2. COPIES OF CONTRACT DOCUMENTS

2.1 Complete sets of Contract Documents shall be used in preparing Bids; neither OWNER nor

ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

2.2 OWNER and ENGINEER in making copies of Contract Documents available do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

ARTICLE 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

3.1 Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with Federal, State and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and

(d) study and carefully correlate Bidder’s observations with the requirements of the Contract

Documents.

3.2 Before submitting his/her Bid each Bidder may, at his/her own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his/her Bid performance of

0002-0131 Instructions to Bidders Section 1-3 the Work in accordance with the time, price and other terms and conditions of the Contract

3.3 On request, OWNER will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his/her Bid.

3.4 The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the

Supplementary Conditions, General Requirements or on the Drawings.

3.5 Submission of a Bid will constitute an incontrovertible representation by the Bidder that he/she has complied with every requirement of this Article 3 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding at all terms and conditions for performance of the Work.

ARTICLE 4. INTERPRETATIONS

4.1 All questions about the meaning or intent of the Contract Documents shall be received in writing, posted or via email (naultr@luchs.com) by DeCarlo & Doll, Inc., 89 Colony Street, Meriden, CT

06451, Attn: Ronald Nault, at least seven (7) days before the date herein set for the opening of bids.

4.2 Written clarifications or interpretations will be issued by Addenda not later than four days before the bid opening date. Only questions answered by formal written Addenda will be binding. Oral and other clarifications or interpretations will be without legal effect. Addenda will be submitted via the

City of Ansonia’s Bidding Portal and accessible to all parties recorded as having received the

Contract Documents.

4.3 Each Bidder shall be responsible for determining that he/she has received all Addenda issued.

ARTICLE 5. PRE-BID CONFERENCE

5.1 See Invitation to Bid regarding Pre-bid Conference.

ARTICLE 6. BID SECURITY

6.1 Surety Company Bond, on a form furnished by the City of Ansonia, for at least ten percent (10%) of the amount of the total of the Bid, must accompany each proposal. Bid Security shall be sealed with the bid.

6.2 In case a party to whom a Contract is awarded shall fail or neglect to execute the Agreement and furnish the satisfactory bonds within the time specified, OWNER may determine that the Bidder has abandoned the Contract, and thereupon the Bid Forms and acceptance shall be null and void and the

Bid Security accompanying the Bid Form shall be forfeited to OWNER as liquidated damages for such failure or neglect and to indemnify said OWNER for any loss which may be sustained by failure of the Bidder to execute the Agreement and furnish the bonds as aforesaid, provided that the amount forfeited to OWNER shall not exceed the difference between the Bid Price of said Bidder and that of the next lowest responsible and eligible bidder and provided further that, in case of death, disability, or other unforeseen circumstances affecting the Bidder, such Bid Security may be returned to him.

After execution of the Agreement and acceptance of the bonds by OWNER, the Bid Security accompanying the Bid Form of the Successful Bidder will be returned.

0002-0131 Instructions to Bidders Section 1-4

ARTICLE 7. PERFORMANCE, PAYMENT AND OTHER BONDS

7.1 Performance, Payment and other Bonds shall be provided in accordance with the Invitation to

Bid.

7.2 All Bonds required as Contract Security shall be furnished with the executed Agreement.

ARTICLE 8. BID FORMS

8.1 Each Bid shall be submitted on the Bid Form included in the Project Manual. The Bid Form shall be removed and submitted separately. All blank spaces for Bid prices must be filled in with the unit price for the item or the lump sum for which the Bid is made.

8.2 The Bid Form shall be completed in ink or typed. The Bid price of each item on the form shall be stated in words, and figures. If unit prices are required on the Bid Form, discrepancies between unit prices and their respective total amounts will be resolved in favor of the unit prices. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

8.3 Bids by corporations shall be executed in the corporate name by the president or a vice-president

(or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

8.4 Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title shall appear under the signature. The official address of the partnership shall be shown below the signature.

8.5 All names shall be typed or printed below the signature.

8.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

8.7 The address to which communications regarding the Bid are to be directed shall be shown.

8.8 Responses must be returned by dated and time as written on the Invitation to Bid. Submissions can be made via email to: dbranch@ansoniact.org or s.omalley@sheltonedc.com

ARTICLE 9. RECEIPT OF BIDS

9.1 Sealed Bids for the work of this Contract will be received at the time and place indicated in the

Invitation to Bid.

9.2 OWNER may consider informal any Bid not prepared and submitted in accordance with the provisions hereof.

9.3 Bidders are cautioned that it is the responsibility of each individual bidder to assure that his/her bid is in the possession of the responsible official or his/her designated alternate prior to the stated time and at the place of the Bid Opening.

0002-0131 Instructions to Bidders Section 1-5

ARTICLE 10. MODIFICATION AND WITHDRAWAL OF BIDS

10.1 Bids may be modified only by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

10.2 Bids may be withdrawn prior to the scheduled time (or authorized postponement thereof) for the opening of Bids.

10.3 Any Bid received after the time and date specified shall not be considered. No Bidder may withdraw his/her Bid for a period of 120 days, excluding Saturdays, Sundays and legal holidays after the actual date of the opening of the Bids.

ARTICLE 11. AWARD OF CONTRACT

11.1 The Contract will be awarded to the lowest responsible, responsive, qualified Bidder (Successful

Bidder). Such a Bidder shall possess the skill, ability, and integrity necessary for the faithful performance of the work. The term “lowest responsible, responsive, qualified Bidder” as used herein shall mean the Bidder whose Bid is the lowest of those Bidders possessing the skill ability and integrity necessary to the faithful performance of the Work.

11.2 OWNER reserves the right to reject any and all Bids if it is in Owner’s best interest to do so, and the right to disregard all nonconforming, non-responsive or conditional Bids.

11.3 A Bid, which includes any item for which the Bid Price is abnormally low or high, may be rejected as unbalanced.

11.4 OWNER also reserves the right to reject the Bid of any Bidder that OWNER considers to be unqualified relative to Article 1 above.

11.5 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within 120 days, excluding Saturdays, Sundays, and legal holidays after the actual date of the opening of the Bids. All bids shall remain open for 120 days, excluding Saturdays, Sundays, and legal holidays, after the actual date of the opening of the Bids but OWNER may, in his/her sole discretion, release any Bid and return the Bid Security prior to that date.

ARTICLE 12. EXECUTION OF AGREEMENT

12.1 When OWNER gives a Notice of Award to the Successful Bidder, it may be accompanied by at least six unsigned copies of the Agreement and all other applicable Contract Documents. Within seven days, excluding Saturdays, Sundays, and legal holidays after the date of receipt of such notification, CONTRACTOR shall execute and return all copies of the Agreement and all other applicable Contract Documents to OWNER. Within thirty days thereafter OWNER will deliver one fully signed copy to CONTRACTOR.

ARTICLE 13. SAFETY AND HEALTH REGULATIONS

0002-0131 Instructions to Bidders Section 1-6

13.1 This Project is subject to all of the Safety and Health Regulations (CFR 29, Part 1926 and all subsequent amendments) as promulgated by the U.S. Department of Labor on June 24, 1974 and

CFR 29, Part 1910, General Industry Safety and Health Regulations Identified as Applicable to

Construction.

13.2 The Successful Bidder shall comply with the Department of Labor Safety and Health

Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970

(PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL-91-

54).

13.3 The Successful Bidder shall have a competent person or persons, as required under the

Occupational Safety and Health Act on the Site to inspect the Work and to supervise the conformance of the Work with the regulations of the Act.

ARTICLE 14. ACCESS TO SITE

14.1 Representatives of the State and any local agencies having a direct interest in the Work shall have access to the Work wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection.

ARTICLE 15. WAGE RATES

This Project will be subject to prevailing Federal and State wage rates.

ARTICLE 17. SALES TAX

17.1 The goods and services to be provided under this contract are exempt from the Sales and the

Taxes of the State of Connecticut.

ARTICLE 18. UNDERGROUND UTILITIES AND FACILITIES

18.1 All excavations within public or private ways are subject to the requirements of Connecticut

Statutes. Contractor is required to make “Call Before You Dig” notifications and arrangements, and to comply with the statutes and regulations cited.

ARTICLE 19. GUARANTEE

19.1 The CONTRACTOR shall guarantee all materials and equipment furnished and WORK performed for a period of one year from the date of SUBSTANTIAL COMPLETION except where a longer guarantee period is required in the Project Manual. The CONTRACTOR warrants and guarantees for a period of one year, or for the longer guarantee period, from the date of SUBSTANTIAL COMPLETION of the system that the completed system is free from all defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The OWNER will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs, adjustments, or other WORK that may be made necessary by such defects, to the satisfaction of the OWNER within ten days from the date of receipt of such notice, or having commenced fails to prosecute such WORK with diligence, the OWNER may do so and charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period.

0002-0131 Instructions to Bidders Section 1-7

ARTICLE 21. ACCEPTANCE OF CHARTER REQUIREMENTS

21.1 The submission of a bid proposal by a Contractor for the whole or any part of these specifications shall constitute an acceptance by such person or persons of the Conditions as set forth in the Charter and Ordinances of the City of Ansonia in relation to the bid proposals, and the award of the Contracts founded on said conditions shall be considered to constitute a part of the specifications which will be incorporated in and form a part of all contracts in these specifications.

END OF SECTION

0002-0131 General Conditions Section 1-8

INDEX TO GENERAL CONDITIONS

PAGE #

1. DEFINITIONS ................................................................................................................... GC-1

2. GENERAL MATTERS ..................................................................................................... GC-3

3. CONTRACT DOCUMENTS; INTENT AND REUSE .................................................... GC-4

4. AVAILABILITY OF LANDS, PHYSICAL CONDITIONS,

REFERENCE POINTS ............................................................................................ GC-5

5. INSURANCE ..................................................................................................................... GC-5

6. CONTRACTOR'S RESPONSIBILITIES ......................................................................... GC-8

7. WORK BY OTHERS ...................................................................................................... GC-14

8. CITY'S RESPONSIBILITIES ......................................................................................... GC-15

9. ENGINEER'S STATUS DURING CONSTRUCTION .................................................. GC-15

10. CHANGES IN THE WORK ........................................................................................... GC-16

11. CHANGE OF CONTRACT PRICE ................................................................................ GC-17

12. CHANGE OF THE CONTRACT TIME ......................................................................... GC-20

13. WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTIONS,

REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ................................ GC-20

14. PAYMENTS TO CONTRACTOR AND COMPLETION ............................................. GC-23

15. SUSPENSION OF WORK AND TERMINATION ........................................................ GC-27

16. MISCELLANEOUS ........................................................................................................ GC-28

0002-0131 General Conditions Section 1-9

GENERAL CONDITIONS

1. DEFINITIONS

Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding documents or the Contract Documents.

Agreement: The written agreement between the City and the Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

Application for Payment: The form accepted by the Engineer which is to be used by the Contractor in requesting progress or final payment and which is to include such supporting documentation as is required.

Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

Bonds: Bid bonds and other instruments of security.

Change Order: A written order to the Contractor signed by the City Engineer authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Agreement.

Contract Documents: The Agreement, Addenda (which pertain to the Contract Documents), the

Contractor's Bid (when attached as an exhibit to the Agreement), the Bonds, these General Conditions, the Supplemental Conditions, the Specifications, the Special Provisions, the Drawings (as the same are more specifically identified in the Agreement), together with all Modifications issued after the execution of the Agreement.

Contract Price: The moneys payable by the City to the Contractor under the Contract Documents as stated in the Agreement.

Contract Time: The number of days or the date stated in the Agreement for the completion of the Work.

Contractor: The person, firm, or corporation with whom the City has entered into the Agreement.

Drawings: The drawings which show the character and scope of the Work to be performed, and which have been prepared or approved by the Engineer, and are referred to in the Contract Documents.

0002-0131 General Conditions Section 1-10

Effective Date of the Agreement: The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

Engineer: The City Engineer.

Field Order: A written order issued by the Engineer which orders minor changes in the Work.

Notice of Award: The written notice by the City to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, the City will sign and deliver the Agreement.

Notice to Proceed: A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform his obligation under the Contract Documents.

Resident Project Representative: The authorized representative of the Engineer who is assigned to the site, or any part thereof.

Shop Drawings: All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by the Contractor, a subcontractor, manufacturer, fabricator, supplier, or distributor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a manufacturer, fabricator, supplier, or distributor and submitted by the Contractor to illustrate material or equipment for some portion of the Work.

Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.

Subcontractor: An individual, firm, or corporation having a direct contract with the Contractor or with any other subcontractor for the performance of a part of the Work at the site.

Substantial Completion: The work (or a specific part thereof) has progressed to the point where, in the opinion of the Engineer, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it was intended.

Work: The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor, and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents.

0002-0131 General Conditions Section 1-11

2. GENERAL MATTERS

Delivery of Bonds:

When the Contractor delivers the executed Agreements to the City, the Contractor shall also deliver to the City such Bonds as the Contractor may be required to furnish.

Copies of Documents:

The City shall furnish the Contractor with sufficient copies of the Contract Documents as are reasonably necessary for the execution of the Work.

Commencement of Contract Time; Notice to Proceed:

The Contract Time will commence to run on the effective date of the Agreement, or, if a Notice to Proceed is given on the day indicated in the Notice to Proceed.

Starting the Project:

The Contractor shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run.

Before Starting Construction:

Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The Contractor shall promptly report in writing to the Engineer any conflict, error, or discrepancy, which the Contractor may discover.

Within ten days after the effective date of the Agreement, the Contractor shall submit to the Engineer for review and acceptance an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, a preliminary schedule of Shop Drawing submissions, and a preliminary schedule of values of the Work.

Before any Work at the site is started, the Contractor shall deliver to the Engineer certificates of insurance, which the Contractor is required to purchase and maintain and the City shall deliver to the Contractor certificates of insurance requested by the Contractor, which the City is required to purchase and maintain.

Preconstruction Conference:

Before the Contractor starts the Work at the site, a conference may be required by the Engineer for review and acceptance of the schedules, to establish procedures for handling Shop Drawings and other submittals, for processing Applications for Payment, and to establish a working understanding among the parties as to the Work.

3. CONTRACT DOCUMENTS; INTENT AND REUSE

0002-0131 General Conditions Section 1-12

Intent:

The Contact Documents comprise the entire Agreement between the City and the Contractor concerning the Work.

The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If, during the performance of the Work, the Contractor finds a conflict, error, or discrepancy in the Contract Documents, he shall report it to the Engineer in writing at once and before proceeding with the Work affected thereby.

It is the intent of the Specifications and Drawings to describe a complete project to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words, which have a well-known technical or trade meaning, are used to describe Work, materials, or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the code of any governmental authority, whether such reference be specified or by implication, shall mean the latest standard specification, manual, or code in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual, or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of the City, the Contractor, or the Engineer, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer.

The Agreement shall be governed by the laws of the State of Connecticut.

Reuse of Documents:

Neither the Contractor nor any subcontractor, manufacturer, fabricator, supplier, or distributor shall have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the Engineer, and they shall not reuse any of them on any other project without written consent of the City and the Engineer and specific written verification by the Engineer.

4. AVAILABILITY OF LANDS, PHYSICAL CONDITIONS, REFERENCE POINTS

Availability of Lands:

The City shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way for access thereto, and such other lands which are designated for the use of the Contractor. The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

Unforeseen Physical Conditions:

0002-0131 General Conditions Section 1-13

The Contractor shall promptly notify the Engineer in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. The Engineer will promptly review those conditions and determine if further investigation or tests are necessary. If the Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by the Contractor, a Change Order shall be issued incorporating the necessary revisions.

Reference Points:

Control points and a project baseline are provided in the Contract Documents to enable the Contractor to proceed with the Work. The Contractor shall be responsible for establishing any additional reference points necessary for laying out and monitoring the Work by a licensed professional surveyor. The Contractor shall protect and preserve the established reference points, and shall make no changes or relocations without the prior written approval of the City.

The Contractor shall report to the Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for replacement or relocation of such reference points by professionally qualified personnel.

5. INSURANCE

Contractor's Liability Insurance:

The Contractor shall purchase and maintain such comprehensive general liability and other insurance as will provide protection from claims set forth below which may arise out of or result from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether such performance is by the Contractor, by any subcontractor, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

Claims under worker's or workmen's compensation, disability benefits, and other similar employee benefit acts;

Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees;

Claims for damages insured by personal injury liability coverage, which are sustained by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or by any other person for any other reason;

Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and

Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle.

0002-0131 General Conditions Section 1-14

The insurance required by this paragraph shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemental Conditions, as specified in accordance with Section 1.03.07 of the State of Connecticut Department of Transportation Standard Specifications for Roads, Bridges and Incidental Construction Form, latest edition, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All such insurance shall contain a provision that the coverage afforded will not be canceled, materially changed, or renewal refused until at least thirty days' prior written notice has been given to the City and the Engineer. All such insurance shall remain in effect until final payment and at all times thereafter when the Contractor may be correcting, removing, or replacing defective Work.

Contractual Liability Insurance:

The comprehensive general liability insurance required above will include contractual liability insurance applicable to the Contractor's obligations.

City's Liability Insurance:

The City shall be responsible for purchasing and maintaining its own liability insurance and, at its option, may purchase and maintain such insurance as will protect the City against claims which may arise from operations under the Contract Documents.

Property Insurance:

Unless otherwise provided in the Supplemental Conditions, the City shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in the Supplemental Conditions or required by law). This insurance shall include the interests of the City, the Contractor, and subcontractors in the Work, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism, and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplemental Conditions, and shall include damages, losses, and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including fees and charges of engineers, architects, attorneys, and other professionals).

The City shall not be responsible for purchasing and maintaining any property insurance to protect the interests of the Contractor or subcontractors in the Work to the extent of any deductible amounts. If the Contractor wishes property insurance coverage within the limits of such amounts, the Contractor may purchase and maintain it at his own expense.

0002-0131 General Conditions Section 1-15

Waiver of Rights:

The City and the Contractor waive all rights against each other and the subcontractors and their agents and employees and separate contractors (if any) and their subcontractors' agents and employees, for damages caused by fire or other perils to the extent covered by insurance provided or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by the City as trustee. The Contractor shall require written waivers from each subcontractor; each such waiver will be in favor of all other parties enumerated in this paragraph.

Receipt and Application of Proceeds:

Any insured loss under the policies of insurance required shall be adjusted with the City and made payable to the City as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause. The City shall deposit in a separate account any money so received, and it shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order.

The City as trustee shall have power to adjust and settle any loss with the insurers, unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to the City's exercise of this power. If such objection be made, the City as trustee shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach.

Acceptance of Insurance:

If the City has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by the Contractor on the basis of its not complying with the Contract Documents, the City will notify the Contractor in writing thereof within ten days of the date of delivery of such certificates to the City. If the Contractor has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by the City on the basis of their not complying with the Contract Documents, the Contractor will notify the City in writing thereof within ten days of the date of delivery of such certificates to the Contractor. The City and the Contractor will each provide to the other such additional information in respect to insurance provided by him as the other may reasonably request. Failure by the City or the Contractor to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents.

Partial Utilization - Property Insurance:

If the City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the work, such use or occupancy may be accomplished; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by

0002-0131 General Conditions Section 1-16 endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy.

Additional Insured:

The City of Ansonia and the State of Connecticut shall be specified as additional insured on the Contractor’s insurance.

6. CONTRACTOR'S RESPONSIBILITIES

Supervision and Superintendence:

The Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents.

The Contractor shall assign to the project a competent field superintendent. The superintendent shall spend sufficient time at the site as necessary to insure that work is proceeding efficiently and in accordance with the Contract Documents.

The superintendent shall not be replaced, except on a temporary basis because of sickness, vacations, etc. without written notice to the Engineer.

The superintendent shall be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor.

Labor, Materials, and Equipment:

The Contractor shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. The contractor shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Supplemental Conditions, all Work at the site shall be performed during regular working hours, and the Contractor will not permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday without the Engineer's written consent.

The Contractor shall furnish all materials, equipment, labor, transportation, construction, equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities, and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of the Work.

All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the Engineer, the Contractor shall furnish satisfactory

0002-0131 General Conditions Section 1-17 evidence (including reports or required tests) as to the kind and quality of materials and equipment.

All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise provided in the Contract Documents.

Equivalent Materials and Equipment:

Whenever materials or equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier, or distributor, the naming of the item is intended to establish the type, function, and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers, or distributors may be accepted by the Engineer if sufficient information is submitted by the Contractor to allow the Engineer to determine that the material or equipment proposed is equivalent to that named. The procedure for review by Engineer will be as follows:

Requests for review of substitute items of material and equipment will not be accepted by the Engineer from anyone other than the Contractor. If the Contractor wishes to furnish or use a substitute item of material or equipment the Contractor shall make written application to the Engineer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified, and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the Work will require a change in the Drawings or Specifications to adapt the design to the substitute. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair, and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Engineer in evaluating the proposed substitute. The Engineer may require the Contractor to furnish at the Contractor's expense additional data about the proposed substitute. The Engineer will be the sole judge of acceptability, and no substitute will be ordered or installed without the Engineer's prior written acceptance.

The Engineer will record time required by the Engineer and the Engineer's consultants in evaluating substitutions proposed by the Contractor and in making changes in the Drawings or Specifications occasioned thereby. Whether or not the Engineer accepts a proposed substitute, the Contractor shall reimburse the City for the charges of the Engineer and Engineer's consultants for evaluating any proposed substitute.

Concerning Subcontractors:

The Contractor shall not employ any subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom the City may have reasonable objection. A subcontractor or other person or organization identified in writing to the City by the Contractor prior to the Notice of Award will be deemed acceptable to the City. Acceptance of any subcontractor, other person, 0002-0131 General Conditions Section 1-18 or organization by the City shall not constitute a waiver of any right of the City to reject defective Work. If the City or Engineer after due investigation has reasonable objection to any subcontractor, other person, or organization proposed by the Contractor after the Notice of Award, the Contractor shall submit an acceptable substitute and the Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution, and an appropriate Change Order shall be issued. The Contractor shall not be required to employ any subcontractor, other person, or organization against whom the Contractor has reasonable objection.

The Contractor shall be fully responsible for all acts and omissions of his subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that the Contractor is responsible for the acts and omissions of persons directly employed by the Contractor.

Nothing in the Contract Documents shall create any obligation on the part of the City to pay or to see to the payment of any moneys due any subcontractor or other person or organization, except as may otherwise be required by law. The City or the Engineer may furnish to any subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done.

Patent Fees and Royalties:

The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others.

The Contractor shall indemnify and hold harmless the City and the Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work, and shall defend all such claims in connection with any alleged infringement of such rights.

Permits:

Unless otherwise provided in the Supplemental Conditions, the Contractor shall obtain and pay for all construction permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. The Contractor shall pay all charges of utility service companies for connections to the Work.

Laws and Regulations:

The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations, applicable to the Work. If the Contractor observes that the Specifications or Drawings are at variance therewith, the Contractor shall give the Engineer prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order. If the Contractor performs any Work knowing or having reason to know that it is contrary to such laws, ordinances, rules, and regulations, and without such notice to the Engineer, the Contractor shall bear all costs arising therefrom.

Use of Premises:

0002-0131 General Conditions Section 1-19

The Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workmen to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment.

During the progress of the Work, the Contractor shall keep the premises free from accumulation of waste materials, rubbish, and other debris resulting from the Work. At the completion of the Work, the Contractor shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by the City.