27-006-WBPTennisCourtReconstriuction-BidDocument.pdf

BID REQUIREMENTS and CONDITIONS DOCUMENT for

Willow Brook Park

Tennis Court Rehabilitation

New Britain, Connecticut

PUBLIC BID No. 27-006

CITY OF NEW BRITAIN, CONNECTICUT

HONORABLE ROBERT SANCHEZ, MAYOR

AUGUST 2026

Prepared By:

City of New Britain Public Works Department

27 West Main Street New Britain, Connecticut

(860) 826-3350

BID REQUIREMENTS and CONDITIONS DOCUMENT

TABLE OF CONTENTS

Page

Invitation for Bids IFB - 1/2

Instructions to Bidders ITB - 1/9

Contract - Form of Agreement/Contract Bonds CON - 1/14

General Conditions GC - 1/23

Supplemental General Conditions SGC - 1/35

State Requirements 1/50

State Wage Rates SW 1/10

CDBG Terms & Conditions and Assurances CBDG 1/8

Federal Contract Requirements 1/5

Federal Labor Standards Provisions LSP 1/10

Federal Davis Bacon Wage Rates DBW 1/12

Low Bid Forms LB - 1/6

Contractors Proposed Progress Chart

Certificate of Compliance CGS 31-57b

Anticipated Source of Material

Gift and Campaign Contribution Certification

Certificate of Liability Insurance

Affirmative Action Program Certification

Special Provisions

Index to Special Provisions SP - 1/2

Notices to Contractor and General Requirements SP - 3/28

Special Technical Specifications SP - 29/55

Bid Proposal Submittal Document

INVITATION FOR BIDS

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INVITATION FOR BIDS

The CITY OF NEW BRITAIN, acting through the City Purchasing Agent, will receive bids for the Willow Brook Park Tennis Court Rehabilitation project, Bid No. 27-006, until 11:00 AM on the 25th day of September, 2026, at the Office of the Purchasing Department, Room 401 - City Hall, 27 West Main Street, New Britain, CT 06051, at which time there will be a public bid opening where all bids will be publicly opened and read aloud in the Department of Public Works, Room 504, City Hall, 27 West Main Street, New Britain, CT 06051.

The scope of work generally consists of replacing the existing asphalt tennis courts with a post tensions concrete court. Existing court to be reclaimed and new court to be poured on top.

Surrounding sidewalk will be replaced to maintain ADA accessibility.

The Bid Documents and Plans may be downloaded from the City of New Britain web site at http://newbritainct.gov/bids on or after 12:00 PM on the 31st day of August, 2026. A complete set of the Bid Documents and Plans are on file at the Office of the Public Works Dept., Room 501

- City Hall, for review only.

The City reserves the right to accept or reject any or all bids or any part of a bid presented, or to invite proposals as its interest may appear.

Each bid must be accompanied by a bid bond or by a certified check of the bidder in the amount of TEN percent (10%) of the total bid amount, payable to the City of New Britain. The bidder awarded the Contract shall, at the time of signing the Contract, submit an executed Performance Bond and Labor & Material Payment Bond in the amount of 100% of the Contract amount in accordance with C.G.S. 49-41 and Instruction to Bidders No. 17.

Attention is called to the fact that this is a prevailing wage project and not less than the minimum salaries and wages as set forth in the Bid Documents must be paid on this project. The Contractor must adhere to all relevant provisions of Section 46a-95 of the Connecticut General Statutes, and any other relevant laws and regulations regarding Affirmative Action.

An “affidavit” of non-collusion shall be included in the Bid Documents and must be completed by the prospective bidder and returned with the bid. Failure to return an executed non-collusion affidavit with a proposal may result in the subsequent rejection of subject bid. The Contractor shall comply with the Copeland Anti-Kickback Act and Regulations of the Secretary of Labor (29 CFR, Part 3).

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

STAT. §§ 4a60, 4a-60a, 4a-60g, and 46a-68b through 46a-68f, inclusive, as amended by June 2015 Special Session Public Act 15-5.

Amy Goldsberry, Purchasing Agent

INSTRUCTIONS TO BIDDERS

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INSTRUCTIONS TO BIDDERS

1. RECEIPT AND OPENING OF BIDS

The City of New Britain, (herein called the "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the Office of the Purchasing Agent, located in Room 401, City Hall, 27 West Main St., New Britain, Connecticut 06051, until 11:00 AM on the 25th day of September, 2026, and then at which time there will be a public bid opening where all bids will be publicly opened and read aloud in the Department of Public Works, Room 504, City Hall, 27 West Main Street, New Britain, CT 06051. The envelopes containing the bids must be sealed, addressed to the City of New Britain at the aforementioned address and designated as Bids for the Willow Brook Park Tennis Court Rehabilitation project, Bid No. 27-006.

The Owner may consider informal any bid not prepared and submitted in accordance with provisions hereof and may waive any informalities in or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered.

2. PREPARATION OF PROPOSAL

Proposals must be submitted on the prescribed forms included in the Bid Proposal Submittal Document, and any attachments as designated and necessary.

All blank spaces must be filled in and all prompts answered. All responses shall be typewritten or hand printed in ink.

All bids must be completed on the Form of Bid included in the Bid Proposal Submittal Document, with the unit price for each item furnished in both words and figures, and the amount bid for each item furnished in figures. In addition, the total bid amount must be furnished in both words and figures. If there is a discrepancy between written words and figures, the words shall govern. All prices and amounts shall be typewritten or hand printed in ink. The Bidder’s attention is directed to the eleven (11) stipulations set forth in the said Form of Bid and agreed to by the Bidder with his submittal of a bid for the subject project. All bids shall be subject to all requirements of the Bid Documents, including the Specifications, Drawings, any referenced documents, and these Instructions to Bidders. All bids must be regular in every respect and no interlineation, excisions or special conditions shall be made or included in the Bid Forms by the bidder.

In addition to the forms noted below, all bidders must complete, sign and return the:

“CHRO Contract Compliance Regulations Notification to Bidders” form to the grantee at the time of bid opening. Bids not including this form should be considered incomplete and rejected.” The form can be found in the Bid Proposal Submittal Document or at:

https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports

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Each bidder’s proposal shall include, completed in full, the following forms:

a) Statement of Bidder's Qualifications / Notary’s Certificate

b) Prospective Vendor’s Residency and Tax Payment Certification

c) Certification of Non-Segregated Facilities

d) Certification of Bidder Regarding Equal Employment Opportunity

e) Certification by Proposed Subcontractor Regarding Equal Employment

Opportunity

f) Non-Collusion Affidavit

g) CHRO Notification to Bidders and Bidder Contract Compliance Monitoring

Report

h) Bid / Proposal Affidavit

i) Form of Bid / Bid Bond

Any other specific pages requiring vendor response shall be enclosed in envelopes (outer and inner), both of which shall be sealed and clearly labeled with the words "Bid Proposal", the bid number, the bidder's name, and the date and time of Bid Opening, in order to guard against premature opening of the Bid.

Once bids have been received, analyzed and an apparent low bidder has been identified, the following forms must be completed by the apparent low bidder and returned to the City of New Britain for approval:

a) Contractor's Proposed Progress Chart

b) State of Connecticut Certificate of Compliance with Connecticut General Statute

Section 31-57b

c) Anticipated Source of Material, Form CON-83

d) State of Connecticut Gift and Campaign Contribution Certification

e) Certificate of Insurance, Standard ACCORD Form

f) Affirmative Action Program Certification

The Owner may consider as irregular any bid on which there is an alteration of or departure from the Bid Forms hereto attached and at its option may reject the same.

The Owner reserves the right to reject any Bid submitted that is not in full compliance with these Instructions to Bidders as being not responsive. The Owner also reserves the right to reject the Bid of any Bidder it considers not responsible.

If the Contract is awarded, it will be awarded on the basis of the lowest bid and the selected Alternative and/or Optional Bid items, if any.

If forwarded by mail, the sealed envelope containing the proposal and marked as directed above, must be enclosed in another envelope addressed as specified in Article 1 of these Instructions to Bidders.

Erasures or other changes in the Bid Documents must be explained and noted over the signature of the Bidder.

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3. BID DOCUMENTS

The Bid Documents for the Project shall consist of the following:

a) Bid Requirements and Conditions Document

b) Bid Proposal Submittal Document

c) Project Plans

d) Special Provisions

e) Connecticut Department of Transportation Form 819, including the January

2026 Supplement

f) New Britain Standard Specifications for Municipal Construction dated May

2008 available on the web under the Documents link at www.newbritainct.gov

4. QUALIFICATIONS OF BIDDER

The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any and all bids if evidence submitted by or investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein.

To assist the Owner in assessing the Bidder’s ability to successfully perform the work, the Bidder shall complete in full the Statement of Bidder’s Qualifications (pages SBQ-1 through SBQ-8) included in the Bid Proposal Submittal Document.

5. DISQUALIFICATION OF BIDDERS

More than one proposal from an individual, partnership, firm or corporation, or any association under the same or different names, will not be considered. Reasonable ground for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested.

Any or all proposals will be rejected if there is reason for believing that collusion exists among bidders, and all participants in such collusion will not be considered in future proposals for the same work.

6. BID SECURITY OR GUARANTY

Each bid must be accompanied by a bid bond or by a certified check of the bidder in the amount of TEN percent (10%) of the total bid amount, payable to the City of New Britain.

Such bonds or checks will be returned to all bidders, with the exception of the three lowest bidders, within three days after the formal opening of bids, and the remaining checks, or bid bonds, will be returned to the three lowest bidders within 48 hours after the Owner and the accepted bidder have executed the contract, or if no contract has been so executed, within 90 days after the date of opening of bids, or upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid.

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The bid must also be accompanied by a letter from a bonding company authorized to transact business in the state of Connecticut stating that said bonding company will bond the Contractor for one hundred percent (100%) of his total bid amount, including any alternates, if said bidder shall be awarded the Contract for this project.

7. POWER OF ATTORNEY

Attorneys in fact who sign bid bonds or contract bonds must file with each bond a certified copy of their power of attorney to sign said bonds.

8. CONFLICT OF INTEREST

No member, officer, or employee of the OWNER, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any function or responsibilities with respect to the program during the tenure, or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, under the agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this article.

9. CONDITIONS OF WORK

Each bidder is responsible to inform himself fully of the conditions relating to the construction and labor under which the work is to be performed. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions set forth in his bid. Insofar as possible, work shall be performed in such a manner as not to conflict with, or adversely affect other contractors or individuals routine performance of their duties, or otherwise affected by the work.

10. OBLIGATION OF BIDDER AND INSPECTION OF SITE

Prior to bid submittal, it is the responsibility of each bidder to visit the project site and verify and become familiar with existing site conditions and other site attributes which may affect performance of the proposed work. It is also the bidder's responsibility to understand and be thoroughly familiar with the terms, obligations and requirements of the improvement plans, specification, and all other Bid Documents, and of all applicable City, State and Federal laws, codes, regulations, and requirements, and to make due allowance in his bid for all contingencies. Submittal of a Bid Proposal shall be considered conclusive evidence that the bidder has met these responsibilities.

The failure or omission of any Bidder to receive or examine any form, instrument or documents shall in no way relieve any bidder from any obligation in respect to his bid.

If any omissions, errors, or other inconsistencies are noticed in the Bid Documents, it is the responsibility of the bidder to call them to the attention of Owner prior to bid submittal.

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11. ENFORCEMENT OF TERMS AND CONDITIONS

The bidders are notified that all terms and conditions of the Contract and these Bid Documents will be rigidly enforced.

12. ADDENDA AND INTERPRETATIONS

No interpretation of the meaning of the plans, specifications or other Bid Documents will be made to any bidder orally. Every request for such interpretation should be made in writing addressed to the Owner, and, to be given consideration, must be received at least ten days prior to the scheduled bid opening. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Bid Documents which, if issued, will be mailed by CERTIFIED mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purpose) not later than five days prior to the scheduled bid opening. Failure of any bidder to receive any such addendum or interpretation shall not relieve any bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Bid Documents.

13. WITHDRAWAL OF BIDS

The following procedure shall apply for withdrawal of bids. A bidder may withdraw the bid by submitting either a written or facsimile request of withdrawal to the owner. The request of withdrawal must be received by the owner before the scheduled bid opening and may be made by mail, facsimile or hand-delivery. The bid guarantee of any bidder withdrawing the bid in compliance with this section shall be returned.

14. REJECTION OF BIDS

A. The Owner may reject a bid if:

1. The bidder fails to furnish any of the information requested pursuant to Article 2 of these Instructions to Bidders;

2. The submitted Bid does not strictly conform to law or the requirements of the Bid Documents;

3. The submitted Bid is conditional or qualified;

4. The submitted Bid is determined, in the opinion of the Owner, to be unbalanced. An unbalanced bid is defined as a bid containing a unit price or lump sum amount for any item which is deemed unreasonable when considering the item by itself and not in conjunction with the bid as a whole or any other item, or items, contained therein.

5. The owner determines, by means of Article 2 of these Instructions to Bidders or any other appropriate means, the bidder to be not responsible, incompetent, or unqualified or incapable to perform the work specified.

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B. The Owner, however, reserves the right to reject any or all bids and to waive any informalities in a bid

15. ACCEPTANCE AND AWARD OF CONTRACT

The Owner will accept one of the submitted bids on each contract or will reject all bids on any or all contracts. Acceptance of the bid and Notice of Award will be in writing and signed the Owner or its designee and mailed to the address designated in the successful bidder's proposal. The Notice shall contain information and instructions as to the time and place set for execution of the Contract. The successful bidder shall appear at the designated time and place to execute the Contract and furnish all bonds and certificates of insurance required.

16. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT

The successful bidder shall execute and deliver the contract and required bonds within 10 days after he has received notice of the acceptance of his bid. Failure or refusal to do so shall cause the bidder to forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid.

17. SECURITY FOR FAITHFUL PERFORMANCE

The bidder awarded the Contract shall, at the time of signing the Contract, submit an executed performance bond in the amount of 100% of the Contract amount conditioned upon the faithful performance of the Contract. Said performance bond shall be from a company or companies authorized to transact business in the State of Connecticut. The approved bonds shall also contain a labor and material bond for 100% of the Contract amount for the payment of all persons performing labor or furnishing materials in connection with this Contract.

18. SUBCONTRACTING

The successful bidder may utilize the services of specialty subcontractors on those portions of the work which, under normal contracting practices are performed by specialty subcontractors. The successful bidder shall not award any portion of the work to a subcontractor without prior written approval of the Owner. The acceptance of any and all subcontractors shall reside with the Owner, and the Owner's decision shall be final. The successful bidder shall be fully responsible to the Owner for the performance, finished products, acts, and omissions of his subcontractors and persons directly or indirectly employed thereby.

The successful bidder shall cause appropriate provisions to be included in all subcontracts relative to this project to bind subcontractors to the provisions of the Contract and these Bid Documents as applicable to work performed by the subcontractor on this project; and appropriate provisions to give the Owner the same powers and authority over any subcontractor as it has over the Contractor under the provisions of said documents.

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19. WAGES AND SALARIES

Attention of the bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates as set forth by the State and Federal (if applicable) wage rates included in this Bid Requirements and Conditions Document (see Construction Contracts – Required Contract Provisions – Wage Rates), and the conditions of employment with respect to certain categories and classifications of employees included therein.

The rates of pay set forth are the minimum to be paid during the life of the Contract. It is therefore the responsibility of the bidders to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates.

20. EQUAL EMPLOYMENT OPPORTUNITY

Attention of the bidders is called to the applicable State and Federal requirements for ensuring that employees and applicants for employment are not discriminated against because of their race, creed, color, or national origin.

21. EXECUTIVE ORDER No. 17

To comply with the Governor's Executive Order No. 17, the Contractor and any subcontractors holding a contract directly under the Contractor shall list all employment openings with the Connecticut State Employment Service. The Labor Commissioner may allow exceptions to listing of employment openings which the Contractor proposed to fill from within its organization with employees on the rolls of the Contractor on the date of publication of the invitation to bid, or the date on which the public announcement was published or promulgated advising of the program concerned.

22. LAWS AND REGULATIONS

The bidder's attention is directed to the fact that all applicable State and Municipal laws, rules, ordinances and regulations 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 herein as if written out in full.

23. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

See Contract and Form of Agreement.

24. APPROVALS

The Contractor shall be responsible for obtaining all the necessary permits and approvals from the City of New Britain and the State of Connecticut, as required to complete the work in accordance with the improvement plans and other Contract Documents. The Owner will assist within its means in the approval process. However, any delays to the Contractor or the project, or any actions against either due to failure to obtain the necessary approvals, or to do so in a timely manner, or due to the

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Contractors lack of knowledge of the necessary approvals or the approval process, remain solely the responsibility of the Contractor.

25. START OF CONSTRUCTION

The successful bidder agrees to commence construction within ten (10) calendar days after receipt of the Notice to Proceed from the Owner. The Notice to Proceed shall be sent by the Owner after execution and delivery of the Contract and required bonds in accordance with Article 17 of these Instructions to Bidders.

26. REFERENCE SPECIFICATIONS

A. The State of Connecticut Department of Transportation "Standard Specifications for Roads, Bridges, Facilities and Incidental Construction, Form 819" with the January 2026 Supplemental Specifications, (also referred to as "Form 819"), is hereby made a part of these Bid Documents and the ensuing Contract by reference. Form 819 and Supplemental Forms may be viewed at the State of Connecticut, Department of Transportation’s website at:

https://portal.ct.gov/dot/business/manuals?language=en_US

B. The most recent edition of the "City of New Britain Standard Specifications for Municipal Construction" (also referred to as "Standard Specifications") is hereby made a part of these Bid Documents and the ensuing Contract by reference. Copies of the Standard Specifications are available for review and purchase from the New Britain Bureau of Engineering, or on the web under Documents link at:

https://www.newbritainct.gov/documents/public-works and copies are available for review at the New Britain Bureau of Engineering.

27. CONFLICTING PROVISIONS

In the event of conflicts or inconsistencies between separate provisions of these Bid Documents and/or the executed Contract, such conflicts shall be resolved by applying the following in decreasing order of precedence:

Contractual Matters Technical Matters

1) Contract-Form of Agreement 1) Special Provisions

2) Invitation to Bid 2) Contract Drawings

3) Instructions to Bidders 3) Form 819

4) Supplemental General Condition 4) New Britain Standard Specifications

5) General Conditions for Municipal Construction

28. SAFETY AND HEALTH REGULATIONS

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These construction documents, and the joint and several phases of construction hereby contemplated are to be governed at all times, by applicable provisions of the federal law(s), including but not limited to, the latest amendments of the following:

(1) William-Steiger Occupational Safety and Health Act of 1970, Public Law

91-956;

(2) Part 1910 - Occupational Safety and Health Standards, Chapter SVII of

Title 29, Code of Federal Regulations;

(3) Part 1926 (formerly Part 1518) - Safety and Health Regulations for

Construction, Chapter XIII of Title 29, Code of Federal Regulations.

In the event of any inconsistencies between the above laws and regulations and the provisions of these documents, the laws and regulations shall prevail.

29. SALES TAX

The Owner is exempt from Connecticut State Sales and Use Taxes on materials and equipment to be incorporated in this work. The Contractor may purchase materials or supplies to be consumed in the performance of this contract without payment of tax and shall not include taxes in his Contract Price.

30. SOURCE OF MATERIALS

Anticipated Source of Material, form CON-83 shall be completed in full by the apparent low bidder and submitted to the Engineer prior to Award of the Contract.

31. METHOD OF AWARD - Lowest Responsible Bidder

Bids will be compared on the basis of the total sum of the unit prices submitted by the bidder for each Base Bid item applied to the estimated quantity designated in the bid form for that item. Award will be made to the lowest responsible bidder with the lowest Base Bid Price in accordance with and pursuant to Section 2-578 Items 1 through 12, inclusive, of the City of New Britain Code of Ordinances. Due to LOTCIP funding restrictions, the local bidder preferences within Section 2-578 Items 1 through 12 are not applicable.

In case of discrepancy, unit cost multiplied by quantity will govern over total cost.

CONTRACT-FORM OF AGREEMENT/BONDS

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FORM OF AGREEMENT BETWEEN THE CONTRACTOR AND OWNER

THIS AGREEMENT, made the day of _______________ in the year TWO THOUSAND

AND TWENTY SIX by and between THE CITY OF NEW BRITAIN, hereinafter called the

"OWNER" and located in hereinafter called the

“CONTRACTOR".

WITNESSETH:

WHEREAS, the City is desirous of entering into a contract for the Willow Brook Park Tennis Court Rehabilitation project, Bid No. 27-006 in the City of New Britain Connecticut, WHEREAS, the Contractor has entered a bid price and is adjudged the successful bidder, for the

Willow Brook Park Tennis Court Rehabilitation project, Bid No. 27-006 in the City of New Britain, Connecticut.

WITNESSETH THAT, the Contractor and the Owner for the considerations hereinafter named agree as follows:

Article 1. Contract:

The executed contract documents shall consist of the following:

a. This Agreement

b. Addenda thereto: No. ___ date _________ ; No. ___ date _________

No. date ; No. ___ date _________

c. Bid Requirements and Conditions Document, Willow Brook Park Tennis Court

Rehabilitation project, Bid No. 27-006

d. Bid Proposal Submittal Document, as submitted by Contractor, Willow Brook Park Tennis

Court Rehabilitation project, Bid No. 27-006

e. Project Plans

f. Other Contract Drawings issued

g. Special Provisions

h. Connecticut Department of Transportation Form 819 with the July 2025 supplement

i. New Britain Standard Specifications for Municipal Construction

This Agreement, together with the other documents enumerated above and other documents, which are made part hereof by reference, form the Contract between the parties hereto.

The Contractor and the Owner for themselves, their successors, executors and administrators and assigns hereby agree to the full performance of the covenants herein contained.

The specifications, conditions and the bid terms of Bid No. 27-006 are attached hereto, incorporated by reference and made a part of this agreement.

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Article 2. Scope of Work:

The Contractor shall furnish all of the materials and perform all of the work shown on the drawings and described in the specifications prepared by the City of New Britain as and in these Contract Documents entitled: Willow Brook Park Tennis Court Rehabilitation project, Bid No. 27-006; and shall do everything required by the Contract Documents as designated in Article 3 of this Agreement.

Article 3. The Contract Price:

The Owner will pay the Contractor for the performance of the Contract in current funds, for the Willow Brook Park Tennis Court Rehabilitation project, Bid No. 27-006 at the unit prices stipulated in the bid proposal submittal document that the Contractor submitted for the several respective items of work completed subject to additions and deductions as provided in the Section entitled "Changes in the Work" under the “General Conditions."

City agrees to pay the Contractor for the Willow Brook Park Tennis Court Rehabilitation project, Bid No. 27-006 at the unit prices quoted in the Contractor’s bid response of an estimated total bid price of $__________________________. Payment shall be made as set forth in the General Conditions.

Article 4. Notice to Proceed, Time of Completion and Liquidated Damages:

The Contractor shall agree to commence work within ten (10) calendar days after receipt of the "Notice to Proceed" from the Owner. Such Notice may be sent after execution of this Agreement (also referred to herein as the "Contract").

The Contractor shall agree to complete the work within 120 calendar days from receipt of the Notice to Proceed. The date of completion shall be known as the "Date of Substantial Completion" when all construction is sufficiently complete in accordance with the Contract Documents, so the owner can occupy or utilize the work or designated portion thereof for the use which it is intended, and the work is properly finished to provide the appearance intended, and the Certificate of Completion is issued by the Owner to the Contractor.

The Contractor shall prosecute the work continuously until completion. The rate of progress for any given Phase shall be at least that shown on the “Schedule of Progress” which is to be submitted to the Engineer by the Contractor in a form satisfactory to the Engineer prior to execution of this Agreement.

In general, work shall be prosecuted continuously throughout the term of the Contract, excluding the winter season, December 1st through the following March 31st. The Contractor will be expected to keep work going whenever possible. The Engineer will determine when conditions are unfavorable for work, or for any portion thereof, and may order that work be suspended on any part or all portions of the Contract whenever, in his opinion, the conditions are not such as will insure first class work.

The Contractor shall further agree that the Date of Completion of the Project Work provides reasonable time for completion of the work contemplated in accordance with the Improvement Plans, Specifications, and other Contract Documents, taking into consideration average weather conditions, availability of labor and delivery of materials and equipment.

If the Contractor neglects, fails or refuses to substantially complete the Project Work within the Time of Completion as specified herein, or any proper extension granted thereto by the Owner in accordance with the General Conditions, then the Contractor shall agree, as part consideration for the award of this

Contract, to pay to the Owner a liquidated damage for breach of contract for each and every calendar

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day that the Contractor shall be in default on the subject Project. This is not to be construed in any sense as a penalty.

Where actual damages for any delay in substantial completion of a Phase are impossible to determine by reason of the Owner's election not to terminate the right of the Contractor to proceed, the Contractor and his sureties shall be liable for, and shall pay to the Owner, the sum of Eight Hundred Fifty Dollars

($850.00), as fixed, agreed, and liquidated damages for each calendar day of such delay until the work is substantially completed and accepted.

The Owner, however, may accept the work if there has been such a degree of completion as will, in the Owner's opinion, make the project reasonably safe, fit, and convenient for the use and accommodation for which it was intended. In such case, the Contractor shall not be charged with liquidated damages, but the Owner may assess the actual damages by such delay.

Article 5. Guarantee:

The Contractor guarantees the work done under this contract and the materials furnished by him and used in the work are free from defects, and the guarantee is for a term of one year from and after the date of the Certificate of Project Completion. It is agreed and understood that the Contractor will at any time during this one-year period, upon notification in writing from the Engineer, and without expense to the Owner, immediately execute all repairs which may be necessitated, as determined by the Engineer, by reason of any defective materials used therein, or by defective workmanship, or by reason of the normal use or functioning of all facilities constructed under this contract.

The Owner reserves the right to retain up to five percent (5%) of the Total Contract Price, or to accept, at the Owner's option, a Guarantee Bond for up to five percent (5%) of the Total Contract Price, and to hold such retainage or bond for the duration of the guarantee period. Upon expiration of the guarantee period, provided that all work is in good order, the Contractor shall be entitled to receive said retainage or, if posted, the release of the Guarantee Bond.

The Contractor must provide to the Owner at the time of signing this contract Performance and Material Bonds for this project.

Article 6. Prevailing Wage rates:

Prevailing Wage Rates do apply for this project. The Contractor will submit weekly a copy of all payrolls to the Owner. The copy shall be accompanied by a statement signed by the Owner or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Connecticut Department of Labor and that of the Owner’s prevailing wage rates for this project in accordance with the specifications, conditions, and bid terms of Bid No. 27-006.

The wages paid on an hourly basis to any person performing the work of any mechanic, laborer or worker on the work herein contracted to be done and the amount of payment or contribution paid or payable on behalf of each such person to any employee welfare fund, as defined in subsection (i) of section 31-53, shall be at a rate equal to the rate customary or prevailing for the same work in the same trade or occupation in the town in which such construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair project is being undertaken. Any contractor who is not obligated by agreement to make payment or contribution on behalf of such persons to any such employee welfare fund shall pay to each mechanic, laborer or worker as part of such person's wages the amount of payment or contribution for such person's classification on each pay day.

Article 7. Insurance Coverage:

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The Contractor shall agree to maintain in force at all times during which services are to be performed the following coverages placed with company(ies) licensed by the State of Connecticut which have at least an “A-VIII” policyholders’ rating according to BEST Publications latest edition Key Rating Guide:

Commercial General Liability: General Aggregate

$ 4,000,000

Products Comp/Op Aggregate $ 2,000,000 Each Occ. Aggregate $ 2,000,000 Automobile Liability: Liability Limit $ 2,000,000 Umbrella (Excess Liability)

Each Occurrence Aggregate

$1,000,000 $1,000,000

Workers’ Comp. And WC Statutory Limits Employer’s Liability: EL Each Accident $500,000 EL Disease Each Employee $500,000

Railroad Protective Liability Insurance coverage will be required for this project as outlined in Form 819 Section 1.03.07.

The “City of New Britain” and “State of Connecticut” shall be named as “Additional Insured”, and the Contractor agrees to provide replacement/renewal certificate at least 60 days prior to the expiration of the policy. Should any of the described policies be cancelled before the expiration date, written notice must be made to the City 30 days prior to cancellation.

The Contractor agrees to provide a certificate of insurance at the time of the execution of this contract as well as a replacement/renewal certificate at least 60 days prior to the expiration of the policy. Should any of the above-described policies be cancelled before the expiration date, written notice must be made to the City 30 days prior to cancellation. The Contractor also agrees to name the City as Additional Insured on all insurance policies except Workers Compensation and to provide a Waiver of Subrogation on all policies.

If any policy is written on a “Claims Made” basis, the policy must be continually renewed for a minimum of two (2) years from the completion date of this contract. If the policy is replaced and/or the retroactive date changed, then the expiring policy must be endorsed to extend the reporting period for claims for the policy in effect during the contract for two (2) years from the completion date.

Contractor covenants and agrees to hold the City harmless and to indemnify the City from (I) any and all claims arising from the performance of service enumerated herein, or any work or thing whatsoever done, or any condition created (other than by the City)during the term of this contract or any extensions thereof, but only to the extent caused by the negligent or otherwise wrongful act or omission of Contractor, its agent, employees, contractors or licensees and (II) all costs, expenses, liabilities incurred in or in connection with each such claim or action or proceeding brought thereon. In case an action or proceeding, be brought against the City by reason of any such claim, Contractor, upon notice from the City, shall resist and defend such action claim or proceeding.

Article 8. Hold Harmless Agreement:

The Contractor, its agents and assigns shall indemnify and hold harmless the State of Connecticut and the City of New Britain, including but not limited to, its elected officials, its officers, and agents, ("the State and City") from any and all claims made against the State and City, including but not limited to, damages, awards, costs and reasonable attorneys fees, to the extent any such claim directly and

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proximately results from the performance of services by the Contractor during the Contractor’s performance of this Agreement or any other Agreements of the Contractor entered into by reason thereof.

The City agrees to give the Contractor prompt notice of any such claim and absent a conflict of interest, an opportunity to control the defense thereof.

This Agreement shall be binding on and inure to the benefit of the parties hereto and to their respective successors and assigns.

Article 9.

Any reference to this Agreement shall be by number. The number assigned to this Agreement shall be

Bid No. 27-006.

Article 10. Retention of Records and Records Accessibility:

10.1 All services performed by Contractor shall be subject to the inspection and approval of City at all times, and Contractor shall furnish all information concerning the services. City or its representatives shall have the right, at reasonable hours, to inspect or examine the part of the plant or place of business or any books, records, and other documents of Contractor or its subcontractors or sub-Contractors pertaining to work performed under this agreement and shall allow such representatives free access to any and all such plants, places of business, books and records. City or its representatives will give the Contractor or its subcontractors or sub-Contractors at least twenty-four (24) hours’ notice of such intended examination.

At the City's request, the Contractor or sub-Contractors shall provide City with hard copies or an electronic format of any data or information in the possession or control of the Contractor or sub- Contractor which pertains to City's business under this agreement.

10.2 The Contractor shall retain and maintain accurate records and documents relating to performance of services under this agreement for a minimum of three (3) years starting from the date of submission of the final expenditure report with the following qualifications and shall make them available for inspection and audit by City or its representative:

a. If any litigation, claim or audit is started before the expiration date of the three-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved; and

b. Records for the purchase of equipment (i.e., non- expendable, tangible personal property) acquired with grant funds shall be retained for three years after the final disposition of said property.

10.3 Any subcontractor or sub-Contractor under this agreement shall retain and maintain accurate records and documents relating to performance of services under this agreement for a minimum of three

(3) years from the expiration of the subcontract or sub grant and shall make them available for inspection and audit by the City or its representative.

10.4 The Contractor must incorporate this Article verbatim into any agreement it enters into with any subcontractor or sub-Contractor providing services under this agreement.

Article 11. Non-Discrimination and Affirmative Action Provisions:

(A)(1) The Contractor agrees and warrants that in the performance of the Contract such Contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, sexual orientation, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such Contractor that such disability prevents performance of the work involved, in any manner prohibited by the laws of the United States or of the state of Connecticut. The Contractor further agrees to take affirmative action to insure that applicants

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with job-related qualifications are employed and that employees are treated when employed without regard to of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such Contractor that such disability prevents performance of the work involved; (2) the Contractor agrees, in all solicitations or advertisements for employees placed by or ·on behalf of the Contractor, to state that it is an ."affirmative action-equal opportunity employer" in accordance with regulations adopted by the commission; (3) the Contractor agrees to provide each labor union or representative of workers with which such Contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such Contractor has a contract or understanding, a notice to be provided by the commission advising the labor union or workers' representative of the Contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment; (4) the Contractor agrees to comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or relevant order issued by said commission pursuant to sections 46a-56, 46a-68e,46a-68f and 46a-86;

(5) the Contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the Contractor as relate to the provisions of this section and section 46a-56.

(B) Any Contractor who is a party to a municipal public works contract or quasi-public agency project, where any such contract is valued at less than $50,000 for each year of the contract, shall provide the Commission on Human Rights and Opportunities with a written or electronic representation that complies with the nondiscrimination agreement and warranty under subsection (A)(1) above, provided if there is any change in such representation, the Contractor shall provide the updated representation to the Commission not later than 30 days after such change. Any Contractor who is a party to a municipal public works contract or a quasi-public agency project, where any such contract is valued at $50,000 or more for any year of the contract, shall provide the Commission with any one of the following: (1) Documentation in the form of a company or corporate police adopted by resolution of the board of directors, shareholder, managers, members or other g9overning body of such Contractor that complies with the nondiscrimination agreement and warranty under subsection (A)(1) of this section; (2) Documentation in the form of a company or corporate policy adopted by a prior resolution of the board of directors, shareholders, managers, members or other governing body of such contractor if (a) the prior resolution is certified by a duly authorized corporate officer of such contractor to be in effect on the date the documentation is submitted, and the executive director of the Commission on Human Rights and Opportunities or designee certifies that the prior resolution complies with the nondiscrimination agreement and warranty under subdivision (A)(1) of this section; or (3) Documentation in the form of an affidavit signed under penalty of false statement by a chief executive officer, president, chairperson or other corporate officer duly authorized to adopt company or corporate policy that certifies that the company or corporate policy of the contractor complies with the nondiscrimination agreement and warranty under subdivision (A)(1) of this section and is in effect on the date the affidavit is signed..

(C) If the Contract is a municipal public works contract or a quasi-public agency project, the Contractor agrees and warrants that s/he will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public works project. The Contractor shall include the provisions of subdivision (A)(1) of this section in every subcontract or purchase order entered into to fulfill any obligation of a municipal public works contract or contract for a quasi-public agency project, and such provisions shall be binding on a subcontractor, vendor or manufacturer, unless exempted by regulations or orders of the Commission on Human Rights and Opportunities. The Contractor shall take such action with respect to any such subcontract or purchase order as the Commission may direct as a means of enforcing such provisions, including sanctions for noncompliance in accordance with section

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46a-56; provided, if such Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Commission regarding a state contract, the contractor may request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the state and the state may so enter.

(D) "Minority business enterprise" means any small contractor or supplier of materials fifty-one per cent or more of the capital stock, if any, or assets of which is owned by a person or persons: (1) Who are active in the daily affairs of the enterprise, (2) who have the power to direct the management and policies of the enterprise and (3) who are members of a minority, as such term is defined in subsection

(a) of section 32-9n; and "good faith" means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations. "Good faith efforts" shall include, but not be limited to, those reasonable initial efforts necessary to comply with statutory or regulatory requirements and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to comply with such requirements. Determination of the Contractor’s good faith efforts shall include, but shall not be eliminated to, the following factors: The contractor’s employment and subcontracting policies, patterns and practices; affirmative advertising recruitment and training; technical assistance activities and such other reasonable activities or efforts as the Commission on Human Rights and Opportunities may prescribe that are designed to ensure the participation of minority business enterprises in municipal public works contracts or quasi-public agency projects. “Municipal public works project” means that portion of an agreement entered into on or after October 1, 2015, between any individual, form or corporation and a municipality for the construction, rehabilitation, conversion, extension, demolition or repair of a public building, highway or other changes or improvements in real property, which is financed in whole or in part by the state, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees but excluding any project of an alliance district, as defined in section 10-262u, finance by the state funding in an amount equal to fifty thousand dollars or less.

“Quasi-public agency project” means the construction, rehabilitation, conversion, extension, demolition or repair of a building or other changes or improvements in real property pursuant to a contract entered into on or after October…