07-2026 Town Green Improvements Project Manual - Signed Sealed.pdf

PROJECT MANUAL

FOR

TOWN OF BOLTON, CONNECTICUT

TOWN GREEN IMPROVEMENTS

FIRST SELECTMAN

Rodney Fournier

BOARD OF SELECTMAN

Timothy Sadler Mather Clarke Gwen Marrion David Cowles

Robert DePietro Bryce Aaronson

TOWN ADMINISTRATOR

James Rupert

July 2026

NATHAN L. JACOBSON & ASSOCIATES, INC.

CONSULTING CIVIL & ENVIRONMENTAL ENGINEERS SINCE 1972

CHESTER, CONNECTICUT

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PROJECT MANUAL TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS

DIVISION 00

Section No. Section Name Page 00 11 16 Invitation to Bid 00 20 00 Instructions to Bidders 00 41 40 Contract For Construction of a Small Project 00 45 19 Non-Collusion Affidavit of Bidder Form 00 45 20 Certificate of Compliance with Connecticut General Statute Section 31-57b 00 51 00 Notice of Award Form 00 55 00 Notice to Proceed Form 00 61 00 Performance Bond Form 00 61 50 Payment Bond Form 00 65 16 Certificate of Substantial Completion Form 00 73 40 Funding Agency Requirements 00 73 43 Prevailing Wage Rates 00 94 00 Work Change Directive Form 00 94 10 Change Order Form 00 94 20 Field Order Form

SPECIFICATIONS

DIVISION 01 - GENERAL REQUIREMENTS

Section No. Section Name Page 01 00 50 Specification Format 01 11 00 Summary of Work 01 22 00 Measurement and Payment 01 32 23 Field Engineering and Surveys 01 33 00 Submittal Procedures 01 45 00 Quality Control 01 51 00 Temporary Utilities 01 57 00 Temporary Controls 01 74 00 Cleaning and Waste Management 01 77 00 Closeout Procedures 01 78 39 Project Record Documents

DIVISION 02 - EXISTING CONDITIONS

Section No. Section Name Page 02 41 13 Demolition

DIVISION 03 - CONCRETE

Section No. Section Name Page 03 30 00 Cast-In-Place Concrete

DIVISION 31 - EARTHWORK

Section No. Section Name Page 31 10 00 Site Preparation

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31 22 00 Grading 31 23 16 Excavation 31 23 19 Dewatering 31 23 23 Backfilling 31 23 33 Trenching 31 25 00 Soil Erosion and Sediment Control

DIVISION 32 - EXTERIOR IMPROVEMENTS

Section No. Section Name Page 32 05 00 Restoration of Surfaces 32 11 00 Base Courses and Trail Surfacing 32 16 00 Concrete Sidewalks 32 30 00 Site Improvements 32 92 00 Turf Establishment

DIVISION 33 - UTILITIES

Section No. Section Name Page 33 40 00 Storm Drainage Structures 33 41 00 Storm Drainage Pipe

EJCDC® C-111, Suggested Advertisement for Bids for Construction Contracts.

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TOWN OF BOLTON, CONNECTICUT

TOWN GREEN IMPROVEMENTS

INVITATION TO BID

Sealed Bids for Town Green Improvements will be received by the Town of Bolton at the Issuing Office until 10:00 AM local time on Wednesday August 26, 2026. At which time the Bids received will be publicly opened and read aloud. The project generally consists of the filling and grading of the Bolton Town Green along with the relocation of an existing gazebo.

Bids will be received for a single prime Contract. Bids shall be on a lump sum and unit price basis as indicated in the Bid Form.

Bidding Documents are available for free download from the Project’s bidding service webpage. To download Bidding Documents: go to the bidding service homepage listed below; select this project’s solicitation; sign in and/or register as directed; and select the Bidding Documents for download.

Bidding service homepage: http://www.bidexpress.com/businesses/27674/home.

The Issuing Office is: Town Administrator’s Office, Bolton Town Hall, 222 Bolton Center Road, Bolton, CT 06043.

A pre-bid meeting will be held at 10:30 AM local time on August 18, 2026 at 222 Bolton Center Road.

Attendance at the pre-bid meeting is encouraged but is not mandatory.

The successful Bidder will be required to provide a Payment Bond and a Performance Bond each in the amount of one hundred percent of the Contract Price. The Surety Company shall be licensed in the State of Connecticut and listed on IRS Department Circular 570.

Bid Bond is not required. The bidder agrees that its bid shall be good, capable of being accepted, and may not be withdrawn for a period of sixty [60] days, Saturdays, Sundays and legal holidays excluded, after the opening of bids.

The successful Bidder shall comply with the requirements of Prevailing Wage Rate Laws in accordance with Section 31-51 of the Connecticut General Statutes.

The contractor who is selected to perform this State project must comply with CONN. GEN. STAT. §§ 4a- 60, 4a-60g, and 46a-68b through 46a-68f.

This contract is subject to state contract compliance requirements, including nondiscrimination statutes and spending allocation goals. There is $500,000 in state-funding for this project. State law requires project-specific goals be set for this project based on the project’s needs and available Small Business Enterprises (“SBEs”) and Minority Business Enterprises (“MBEs”). The SBE goal for this project is 9.26%. The MBE goal for this project is 5.56%. The selected contractor must demonstrate good faith effort to meet the spending allocation goals.

If the Town of Bolton determines, in its sole discretion, to proceed with the work, the successful bidder must execute and deliver a Contract for Construction of a Small Project and furnish valid Certificates of Insurance prior to the start of any work.

The Owner is exempt from payment of Sales and Use Taxes on all materials and equipment to be incorporated in the Work. These taxes shall not be included in the Bid.

All work to be performed in connection with the proposed project will be subject to all applicable federal, state, and local laws, ordinances and regulations.

The Town reserves the right to waive any technical defects in the bids; to reject bids which do not conform to the terms and conditions described in the specifications; to reject any, any part of, or all bids; to waive informalities or irregularities in the bidding process; and to accept that bid which the Town deems to be in its best interest, whether or not it is the lowest dollar proposed.

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EJCDC® C-111, Suggested Advertisement for Bids for Construction Contracts.

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All work to be performed in connection with the proposed project will be subject to all applicable federal, state, and local laws, ordinances and regulations.

It is the responsibility of the bidder to ensure that it has received any and all addendums to this Invitation to Bid prior to submitting a bid.

This Invitation to Bid is not binding on the Town.

The Town reserves the right to revise or amend the plans and specifications from time to time as it deems necessary.

This Invitation to Bid has been prepared solely to solicit bids and does not constitute a contract offer.

The Town reserves the right to amend, cancel, postpone, withdraw, or resubmit this Invitation for Bid at any time if it is in the best interest of the Town to do so.

The Town of Bolton is an equal opportunity provider and employer.

Owner: Town of Bolton, Connecticut

By: James Rupert, Administrative Officer

Date: August 4, 2026

+ + END OF INVITATION TO BID + +

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EJCDC® C-200, Instructions to Bidders for Construction Contracts.

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INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Section Page

ARTICLE 1 – Defined Terms ARTICLE 2 – Copies of Bidding Documents ARTICLE 3 – Qualifications of Bidders ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site ARTICLE 5 – Bidder’s Representations ARTICLE 6 – Pre-Bid Conference ARTICLE 7 – Interpretations and Addenda ARTICLE 8 – Bid Security ARTICLE 9 – Contract Times ARTICLE 10 – Liquidated Damages ARTICLE 11 – Substitute and “Or-Equal” Items ARTICLE 12 – Subcontractors, Suppliers, and Others ARTICLE 13 – Preparation of Bid ARTICLE 14 – Basis of Bid ARTICLE 15 – Submittal of Bid ARTICLE 16 – Modification and Withdrawal of Bid ARTICLE 17 – Opening of Bids ARTICLE 18 – Bids to Remain Subject to Acceptance ARTICLE 19 – Evaluation of Bids and Award of Contract ARTICLE 20 – Bonds and Insurance ARTICLE 21 – Signing of Agreement ARTICLE 22 – Sales and Use Taxes

ARTICLE 23 – NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

ARTICLE 24 – COMPLIANCE WITH ALL LAWS, ORDINANCES, RULES, REGULATIONS, AND CODES

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ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms Terms used in these Instructions to Bidders have the meanings indicated below:

A. Agreement - The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

B. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

C. Bidder—An individual or entity that submits a Bid to Owner.

D. Bid Form – The Contract for Construction of a Small Project (EJCDC C-522).

E. Bidding Documents – The Bidding Requirements, the proposed Contract Documents, and all Addenda.

F. Bidding Requirements – The advertisement or invitation to bid, Instruction to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

G. Bid Submittal – Contract for Construction of a Small Project (Bid Form), the Non-Collusion Affidavit of Bidder Form, and any attachments to support the Bidder’s information provided in the Bid. Submittal may be in the form of the Project Manual provided with the Bidding Documents.

H. Contract Documents – As defined in Section 2.02 of the Contract for Construction of a Small Project (EJCDC C-522).

I. Issuing Office – The office from which the Bidding Documents are to be issued defined in the advertisement for bids or invitation to bid.

J. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, and Specifications. The contents of the Project Manual may be bound in one or more volumes.

K. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction;

furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may will be provided via E-mail to prospective bidders obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

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2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

A. Evidence of Bidder’s authority to do business in the state where the Project is located

B. Bidder’s state or other contractor license number, if applicable.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. There are no existing hazardous environmental conditions at the project site known to the Owner. Test pit information is shown on the Drawings. Subsurface and Physical Conditions;

Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the

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Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions Paragraph 11.01 of the Contract for Construction of a Small Project.

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. Owner shall furnish copies of any applicable Owner safety programs to Bidders. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

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4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the Owner will provide Bidders with identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) if any, reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions Bidding Documents, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions Bidding Documents, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

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I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work;

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A pre-Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing by emailing to jdillon@nlja.com. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven three days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

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8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement Contract for Construction of a Small Project.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement Contract for Construction of a Small Project.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 Refer to the Contract for Construction of a Small Project for any limitations on subcontracting the Work included in the original Contract Price.

ARTICLE 13 – PREPARATION OF BID

13.01 The Contract for Construction of a Small Project (Bid Form) is included with the Bidding Documents.

A. All blanks on the Bid Form, except the “Owner” section and Effective Date of Contract on the last page, shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable”.

C. Other documents required with the bid submittal are listed in Article 2.02.B of the Contract for Construction of a Small Contract.

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13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. The corporate seal shall be affixed and attested by the secretary or an assistant secretary.

13.03 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.04 A Bid by an individual shall show the Bidder’s name and official address.

13.05 A Bid by a joint venture shall be executed by an authorized representative of each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.06 All names shall be printed in ink below the signatures.

13.07 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form in Section 2.02, Item 6.

13.08 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.09 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions by the actual quantities and classifications of Unit Price Work performed by the Contractor and approved by the Engineer.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.02 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

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ARTICLE 15 – SUBMITTAL OF BID

15.01 Execute and submit the Contract for Construction of a Small Project and documents listed in Article 2.02.B of the same document. No Bid Security is required. With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED”. A mailed Bid shall be addressed to the Issuing Office.

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for 60 days the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

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ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, conforming or nonconforming, responsive or nonresponsive, balanced or unbalanced, and/or conditional or unconditional Bids. Owner will reject, in its sole discretion, the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible responsive. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder.

Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

19.06 The Owner reserves the right to reject any Bid in which the prices appear, in the judgment of the Engineer, to constitute an unbalanced Bid for the Work. Unbalanced prices shall be interpreted to mean that the unit price for any item is such that it is unreasonable for that item when considered in connection with the Bid submitted on any other item or items.

19.07 The lowest responsible responsive Bid will be determined by the Owner on the basis of the gross sum for which the entire Work will be performed, arrived at by a correct computation of all of the items specified in the Bid therefore at the prices stated in the Bid. Where the Bid form does not provide for deductive alternates, the gross sum will be the Bid Price for the Total of All Bid Items. Where the Bid form provides for a base Bid and deductive alternates, said gross sum will be arrived at as follows:

A. If at the time the Contract is to be awarded, the lowest base Bid submitted by a responsible, responsive Bidder does not exceed the amount of funds then established by the Owner as available to finance the Contract, the Contract will be awarded on the base Bid only. If such Bid exceeds such amount, the Owner may reject all Bids or may award the Contract on the base Bid combined with such deductive alternates applied as the Owner deems necessary so as to produce a net amount that is within the available allocated funds for the Project.

Alternates shall be deducted in numerical order, starting with Alternate No. 1 and proceeding to the highest numbered Alternate necessary to produce the required net amount.

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NLJA #0963-0057

19.08 Before award is made to a Bidder not a resident of the State in which the Project is located, such Bidder shall designate in said State a person on who service of process can be made in the event of litigation.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the Contract for Construction of Small Projects General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from State of Connecticut state sales and use taxes on materials and equipment to be incorporated in the Work. (Exemption No. [_____]). Said taxes shall not be included in the Bid. Refer to Paragraph 7.07.D of the Contract for Construction of Small Projects SC-7.09 of the Supplementary Conditions for additional information.

ARTICLE 23 – NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

23.01 The Contract Documents provide that the Contractor and his Subcontractors shall not discriminate against any employee or applicant for employment because of race, creed, color, national origin, age, sex, sexual orientation, marital status or physical disability. The successful Bidder must be prepared to comply in all respects with the provisions regarding non-discrimination as set forth in the Contract Documents and all applicable Federal and State laws.

ARTICLE 24 – COMPLIANCE WITH ALL LAWS, ORDINANCES, RULES, REGULATIONS, AND CODES

24.01 All applicable Federal, State and Municipal laws, ordinances, rules, regulations and codes of all authorities having jurisdiction over construction work in the locality of the Project shall apply to the Contract throughout and they are deemed to be included in the Contract Documents the same as though written therein.

24.02 Attention is directed to laws and regulations of the State Labor Department with respect to employment conditions and minimum wages.

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NLJA #0963-0057

ARTICLE 25 – COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES

25.01 The contractor who is selected to perform this State project must comply with CONN. GEN. STAT.

§§ 4a-60, 4a-60g, and 46a-68b through 46a-68f.

This contract is subject to state contract compliance requirements, including nondiscrimination statutes and spending allocation goals. There is $500,000 in state-funding for this project. State law requires project-specific goals be set for this project based on the project’s needs and available Small Business Enterprises (“SBEs”) and Minority Business Enterprises (“MBEs”). The SBE goal for this project is 9.26%. The MBE goal for this project is 5.56%. The selected contractor must demonstrate good faith effort to meet the spending allocation goals.

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EJCDC® C-522, Contract for Construction of a Small Project.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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NLJA #0963-0057

CONTRACT FOR CONSTRUCTION OF A SMALL PROJECT

This Contract is by and between Town of Bolton, Connecticut (Owner) and

(Contractor).

Owner and Contractor hereby agree as follows:

ARTICLE 1 - THE WORK

1.01 Work

A. Work includes all labor, materials, equipment, services, and documentation necessary to construct the Project defined herein. The Work may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

B. The Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Project is generally described as follows:

1. Filling and re-grading of the town green along with relocation of an existing gazebo.

2. The Site of the Work includes property, and designated work areas described in greater detail in the Contract Documents but generally located at the Town Green along Bolton Center Road and Old Bolton Road.

ARTICLE 2 - CONTRACT DOCUMENTS

2.01 Intent of Contract Documents

A. It is the intent of the Contract Documents to describe a functionally complete project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Owner and Engineer. This Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

The Contract Documents are complementary; what is required by one part of the Contract Documents is as binding as if required by other parts of the Contract Documents.

B. During the performance of the Work and until final payment, Contractor and Owner shall submit all matters in question concerning the requirements of the Contract Documents, or relating to the acceptability of the Work under the Contract Documents to the Engineer.

Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder.

C. Engineer will render a written clarification, interpretation, or decision on the issue submitted, or initiate a modification to the Contract Documents.

D. Contractor, and its subcontractors and suppliers, shall not have or acquire any title to or ownership rights to any of the Drawings, Specifications, or other documents (including copies or electronic media editions) prepared by Engineer or its consultants.

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NLJA #0963-0057

2.02 Contract Documents Defined

A. The Contract Documents consist of the following documents:

1. This Contract.

2. Performance bond.

3. Payment bond.

4. Specifications listed in the Table of Contents.

5. Addenda.

Addendum No. Addendum Date

6. Exhibits to this Contract (enumerated as follows):

a. Exhibit 1 – CTDOT Standard Drawings. Contract Drawings titled “Lori Road Drainage Repairs”.

7. The following documents are to be submitted with and made a condition of this Bid:

a. Non-Collusion Affidavit.

8. The following which may be delivered or issued on or after the Effective Date of the Contract:

a. Notice of Award Form.

b. Notice to Proceed.

c. Work Change Directives (EJCDC C-940).

d. Change Orders (EJCDC C-941).

e. Field Orders.

f. Certificate of Substantial Completion.

ARTICLE 3 - ENGINEER

3.01 Engineer

A. The Engineer for this Project is Nathan L. Jacobson & Associates, Inc.

ARTICLE 4 - CONTRACT TIMES

4.01 Contract Times

A. The Work will be substantially completed within 60 days after the Effective Date of the Contract. and completed and ready for final payment within [Number of Days] days after the Effective Date of the Contract.

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NLJA #0963-0057

4.02 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence in the performance of the Contract Work according to the requirements of Paragraph 4.01. Because such damages for delay would be difficult and costly to determine, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner $500 for each day that expires after the Contract Time for substantial completion.

4.03 Delays in Contractor’s Progress

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor may shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor or their subcontractors or suppliers.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor may shall be entitled to an equitable adjustment in Contract Times.

D. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor or Contractor’s subcontractors or suppliers.

4.04 Progress Schedules

A. Contractor shall develop a progress schedule and submit to the Engineer for review and comment before starting Work on the Site. The Contractor shall modify the schedule in accordance with the comments provided by the Engineer.

B. The Contractor shall update and submit the progress schedule to the Engineer each month.

The Owner may withhold payment if the Contractor fails to submit the schedule.

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NLJA #0963-0057

ARTICLE 5 - CONTRACT PRICE

5.01 Payment

A. Owner shall pay Contractor in accordance with the Contract Documents at the following unit prices for each unit of Work completed:

Item No. Description Unit Estimated

Quantity Unit Price

Extended Price

All WORK included in the Contract Documents for Town Green Improvements except for WORK included under Items 2 through 6

L.S. 1

Additional Processed Aggregate Base As Ordered By Engineer (A.O.B.E.)

C.Y. 30

Additional Polymer Blended Stone Dust As Ordered By Engineer (A.O.B.E.)

C.Y. 10

Additional 3/4” Crushed Stone As Ordered By Engineer (A.O.B.E.)

C.Y. 20

5 Additional Geotextile As Ordered By Engineer (A.O.B.E.)

S.Y. 60

6 Additional Concrete Sidewalk (HMA) Pavement (A.O.B.E.)

S.F. 120

Total of all extended prices for Estimated Quantities of Work $

Final payment will be made in an amount equal to the total of all extended prices for actual Work completed. The extended price is determined by multiplying the unit price times the actual quantity of that Work item completed. Actual quantities installed will be determined by the Engineer.

Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 6 - BONDS AND INSURANCE

6.01 Bonds

A. Before starting Work, Contractor shall furnish a performance bond and a payment bond from surety companies that are duly…