Addendum 1-Additional Info and Date Clarificaiton 8-7-2026.pdf

TOWN OF GLASTONBURY

GL-2027-05

INTERIOR RENOVATIONS BOARD OF EDUCATION CENTRAL OFFICE 50 NYE ROAD

ADDENDUM NO. 1

August 7, 2026

BID DUE DATE: September 14, 2026 @ 11:00 A.M.

The attention of bidders submitting proposals for the above-referenced project is called to the following Addendum to the specifications. The items set forth herein, whether of omission, addition, substitution or other change, are all to be included in and form a part of the proposed Contract Documents for the work. Bidders shall acknowledge this Addendum on the Bid Proposal Page (BP-1).

NOTIFICATION TO BIDDERS:

Section 8.7.5.7 within Attachment 3 Form of Contract (AIA A101-2017) posted within the bid documents dated August 6, 2026 is deleted and replaced with the following. Please see the revised AIA A101-2017 attached herein.

Clarification to: Instruction to Bidders Part 3—COMPLIANCE REQUIREMENTS AND CERTIFICATIONS- Item 3.1-Non-Discrimination in Employment-Commission on Human Rights and Opportunities (CHRO) Requirements-Page 10, paragraph 2-replaced with: The bidder shall (A) set aside at least 3.50% percent of the total value of the state's financial assistance for such Contract for award to Subcontractors who are small contractors, and (B) of that portion to be set aside in accordance with subparagraph (A) of this subdivision, reserve a portion equivalent to 3.30% percent of the total value of the Contract or portion thereof to be set aside for awards to Subcontractors who are minority business enterprises. Consequently, based on the expected State assistance, the total SBE goal is $45,288.00, the total MBE goal is $21,978.00, and the total SBE (non MBE) goal is $23,310.00.

Clarification to non-mandatory pre-bid date: August 17, 2026, 11 A.M. at 50 Nye Road Glastonbury, CT 06033.

Note: This addendum consists of 14 pages including the above text.

AIA

Document A101® – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:32:28 ET on 12/23/2020 under Order No.9864579694 which expires on 05/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1263825741)

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion.

The author may also have revised the text of the original AIA standard form.

An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

The parties should complete A101®–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201®–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the « » day of « » in the year « 2026 » (In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information)

« Town of Glastonbury, CT » « 2155 Main Street » « Glastonbury, CT 06033 » and the Contractor:

(Name, legal status, address and other information) for the following Project:

(Name, location and detailed description)

« Interior Renovations for Board of Education Central Office at 50 Nye Road »

« GL-2027-05 »

The Architect:

(Name, legal status, address and other information)

« Silver Petrucelli & Associates » « 3190 Whitney Avenue » « Building 2 » « Hamden, CT 06518 »

The Owner and Contractor agree as follows.

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:32:28 ET on 12/23/2020 under Order No.9864579694 which expires on 05/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

EXHIBIT A INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACT

The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 3.1 The date of commencement of the Work shall be:

(Check one of the following boxes.)

[ « » ] The date of this Agreement.

[ « X » ] A date set forth in a notice to proceed issued by the Owner.

[ « » ] Established as follows:

(Insert a date or a means to determine the date of commencement of the Work.)

If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement.

§ 3.2 The Contract Time shall be measured from the date of commencement of the Work.

§ 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work:

(Check one of the following boxes and complete the necessary information.)

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:32:28 ET on 12/23/2020 under Order No.9864579694 which expires on 05/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

[ « » ] Not later than « » ( « » ) calendar days from the date of commencement of the Work.

[ « X » ] By the following date: « April 30, 2027 »

§ 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates:

Portion of Work Substantial Completion Date

§ 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5.

ARTICLE 4 CONTRACT SUM

§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be « » ($ « » ), subject to additions and deductions as provided in the Contract Documents.

§ 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum:

Item Price

§ 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement.

(Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.)

Item Price Conditions for Acceptance

§ 4.3 Allowances, if any, included in the Contract Sum:

(Identify each allowance.)

Item Price

§ 4.4 Unit prices, if any:

(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

§ 4.5 Liquidated damages, if any:

(Insert terms and conditions for liquidated damages, if any.)

§ 4.6 Other:

(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:32:28 ET on 12/23/2020 under Order No.9864579694 which expires on 05/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

ARTICLE 5 PAYMENTS

§ 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect for the Owner’s review and approval, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the « 25th » day of a month, the Owner shall make payment of the amount approved by the Owner to the Contractor not later than the « last » day of the « following » month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount approved by the Owner shall be made by the Owner not later than « thirty » ( « 30 » ) days after the Architect receives the Application for Payment. Notwithstanding anything to the contrary in the Contract Documents, any certification by the Architect concerning payment to the Contractor shall constitute a recommendation to the Owner. The Owner shall make the final decision as to the amounts due the Contractor for the Work for Progress Payments and Final Payment. In the event the Owner disagrees with the amount certified by the Architect, the Owner shall provide the reasons therefore to the Contractor within seven (7) days. The Owner shall make payments to the Contractor of the undisputed amounts approved by the Owner within the time set forth in the Contract Documents.

(Federal, state or local laws may require payment within a certain period of time.)

§ 5.1.4 Each Application for Payment shall be based on the schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect and Owner may require. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment.

§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

§ 5.1.6 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

§ 5.1.6.1 The amount of each progress payment shall first include:

.1 That portion of the Contract Sum properly allocable to completed Work;

.2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and

.3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified.

§ 5.1.6.2 The amount of each progress payment shall then be reduced by:

.1 The aggregate of any amounts previously paid by the Owner;

.2 The amount, if any, for Work that remains uncorrected and for which the Architect or Owner has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017 or elsewhere in the Contract Documents;

.3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay;

.4 For Work performed or defects discovered since the last payment application, any amount for which the Architect or Owner may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017 or elsewhere in the Contract Documents; and

.5 Retainage withheld pursuant to Section 5.1.7.

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:32:28 ET on 12/23/2020 under Order No.9864579694 which expires on 05/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

§ 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due:

(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.)

« Five Percent (5%). The Owner shall withhold 2% of the retainage until such time as the Contractor and all Subcontractors, as applicable, have submitted all compliance reporting required by law and such reports are approved by CHRO and CHRO authorizes the release of the 2% retainage.»

§ 5.1.7.1.1 The following items are not subject to retainage:

(Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.)

« None. »

§ 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows:

(If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.)

« At the Owner’s sole discretion. »

§ 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows:

(Insert any other conditions for release of retainage upon Substantial Completion.)

« Not applicable. Retainage shall be paid at the time of Final Payment unless the Owner agrees otherwise in writing in the Owner’s sole discretion. The 2% retainage withheld for compliance with CHRO shall only be released upon approval of CHRO. »

§ 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017.

§ 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when

.1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if any, which extend beyond final payment; and

.2 a final Certificate for Payment has been issued by the Architect and approved by the Owner.

§ 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment and approval of the same by the Owner, or as follows:

§ 5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.

(Insert rate of interest agreed upon, if any.)

« 0 » % « Zero Percent. No interest shall be paid. »

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:32:28 ET on 12/23/2020 under Order No.9864579694 which expires on 05/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

ARTICLE 6 DISPUTE RESOLUTION

§ 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker.

(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.)

§ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows:

(Check the appropriate box.)

[ « » ] Arbitration pursuant to Section 15.4 of AIA Document A201–2017

[ « » ] Litigation in a court of competent jurisdiction

[ « X » ] Other (Specify)

« The parties agree that the Owner, in its sole discretion, may elect to have the Claim resolved by arbitration in accordance with Section 15.4 of the General Conditions. If the Owner does not make such election, such Claim, dispute, or other matter in controversy will be resolved by litigation in a court of competent jurisdiction and the venue for such action shall be the Connecticut Superior Court, Judicial District of Hartford, at Hartford, Connecticut. Connecticut law shall apply. The Owner shall make its election within thirty (30) days after the Contractor presents a Claim, pursuant to the requirements of the Contract Documents, to the Owner. »

If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.

ARTICLE 7 TERMINATION OR SUSPENSION

§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2017.

§ 7.1.1 If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Contractor a termination fee as follows:

(Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination for the Owner’s convenience.)

« No termination fee shall be paid. Compensation for a termination for convenience by the Owner shall be pursuant to Article 14 of AIA Document A201-2017, as modified. »

§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017.

ARTICLE 8 MISCELLANEOUS PROVISIONS

§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.

§ 8.2 The Owner’s representative:

(Name, address, email address, and other information)

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:32:28 ET on 12/23/2020 under Order No.9864579694 which expires on 05/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

« Jonathan Luiz, or his designees »

§ 8.3 The Contractor’s representative:

(Name, address, email address, and other information)

« The Contractor shall designate a representative within 10 days after the full execution of this Contract.

The Contractor’s designated representative shall have authority to accept instructions, make decisions, attend all required meetings, act for and bind the Contractor at all times and shall not be changed without the Owner’s prior consent, unless the Contractor’s designated representative ceases to be employed by the Contractor, at which time the Contractor shall assign another designated representative, with Owner approval. »

§ 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party.

§ 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101™– 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents.

§ 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A101™–2017 Exhibit A, and elsewhere in the Contract Documents.

§ 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below:

(If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.)

§ 8.7 Other provisions:

« § 8.7.1 The Contractor agrees that all persons working on behalf of the Contractor shall obey the rules and regulations established by the Owner and shall obey the reasonable directions of the Owner's employees. The Contractor shall be responsible for the acts and conduct of its employees, Subcontractors, Suppliers, and agents while on the Owner's premises. The Contractor shall take all necessary measures to prevent injury and loss to persons and property located on the Owner's premises. The Contractor shall be responsible for all damages to persons or property caused by the Contractor, its employees, Subcontractors, Suppliers, and agents. The Owner reserves the right to approve and /or reject any personnel assigned to any portion of the Project for any reason the Owner deems appropriate in its sole discretion.

§ 8.7.2 If the Contract entails any exposure to a regulated material, including, but not limited to, asbestos or lead, the Contractor certifies that it and each of its subcontractors and their employees shall be certified and trained under all OSHA and other relevant regulations for such Work.

§ 8.7.3 State, federal, or other grant programs may fund some or all of the Work. The Contractor is advised that such funding programs may include contractual provisions binding on contractors and which may, for example, require

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:32:28 ET on 12/23/2020 under Order No.9864579694 which expires on 05/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

audits or certifications under oath that the Contractor has not been debarred, suspended, or excluded from any publicly funded project or programs.

§ 8.7.4 The Contractor is required to comply with all provisions of the Civil Rights Act of 1964, the Equal Employment Opportunity Act of 1972, Executive Orders 11375, 11478 and, if applicable, the Connecticut Fair Employment Practice Law.

§ 8.7.5 Connecticut Human Rights and Opportunities (“CHRO”)_

§ 8.7.5.1 The Contractor shall comply with the provisions of Conn. Gen. Stat. § 4a-60

(a) As used in this section:

(1) “Contract” includes any extension or modification of the contract, but does not include a contract where each contractor is (A) a political subdivision of the state, including, but not limited to, a municipality, unless the contract is a public works contract, (B) any other state, as defined in section 1-267, (C) the federal government, (D) a foreign government, or (E) an agency of a subdivision, state or government described in subparagraph (A), (B), (C) or (D) of this subdivision;

(2) “Contractor” includes any successors or assigns of the Contractor;

(3) “Public works contract” has the same meaning as provided in section 46a-68b;

(4) “Marital status” means being single, married as recognized by the state of Connecticut, widowed, separated or divorced;

(5) “Mental disability” means one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”, or a record of or regarding a person as having one or more such disorders;

(6) “Minority business enterprise” has the same meaning as provided in section 4a-60g;

(7) “Good faith” means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations;

(8) “Good faith efforts” includes, but is not 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; and

(9) “Awarding agency” has the same meaning as provided in section 4a-60g.

(b) Except as provided in section 10a-151i, every contract to which an awarding agency is a party shall contain the following provisions:

(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, sexual orientation, gender identity or expression, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons, 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; and the contractor further agrees to take affirmative action to ensure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, sexual orientation, gender identity or expression, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons, 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 on Human Rights and Opportunities;

(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 on Human Rights and Opportunities 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; and

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:32:28 ET on 12/23/2020 under Order No.9864579694 which expires on 05/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

(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.

(c) If the contract is a public works contract, the Contractor agrees and warrants that he or she will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public works project.

(d) Except as provided in section 10a-151i:

(1) Any Contractor who has one or more contracts with an awarding agency or who is a party to a public works contract shall include a nondiscrimination affirmation provision certifying that the Contractor understands the obligations of this section and will maintain a policy for the duration of the contract to assure that the contract will be performed in compliance with the nondiscrimination requirements of subsection (b) of this section. The authorized signatory of the contract shall demonstrate his or her understanding of this obligation by (A) initialing the nondiscrimination affirmation provision in the body of the contract, (B) providing an affirmative response in the required online bid or response to a proposal question which asks if the Contractor understands its obligations, or

(C) signing the contract.

(2) No awarding agency shall award a contract to a Contractor that has not included the nondiscrimination affirmation provision in the contract and demonstrated its understanding of such provision as required under subdivision (1) of this subsection.

(e) Determination of the Contractor's good faith efforts shall include, but shall not be limited to, the following factors: The Contractor's employment and subcontracting policies, patterns and practices; the timing and value of bids; 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 public works projects.

(f) The Contractor shall develop and maintain adequate documentation, in a manner prescribed by the Commission on Human Rights and Opportunities, of its good faith efforts.

(g) The Contractor shall include the provisions of subsections (b) and (c) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the state, and in every subcontract entered into in order to fulfill any obligation of a public works contract, 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 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.

§ 8.7.5.2 The Contractor shall comply with the provisions of Conn. Gen. Stat. 46a-60c

(a) In addition to the provisions of section 4a-60, each contractor awarded a public works contract of more than one hundred fifty thousand dollars, but not subject to the provisions of section 46a-68d, or a first-tier contractor who has entered into an agreement with a contractor subject to the provisions of section 46a-68d, that is valued at one hundred fifty thousand dollars or more, shall develop and file a good faith efforts plan with the Commission on Human Rights and Opportunities, which shall comply with the regulations adopted by the commission. Any plan filed pursuant to this section shall be filed not later than forty-five days from the date the contract or agreement is awarded. The commission may grant one fifteen-day extension for such filing to a contractor upon the request of the contractor.

(b) The executive director or the executive director's designee shall review and formally approve, conditionally approve or disapprove the content of the good faith efforts plan not later than one hundred twenty days following the date of the submission of the plan to the commission. If the executive director or the executive director's designee fails to approve, conditionally approve or disapprove a plan within such one-hundred-twenty-day period, the plan shall be deemed to be either approved or deficient without consequence. If a plan is disapproved, the contractor shall have forty-five days from the notice of disapproval to resubmit an amended plan in order to remedy the reasons for disapproval. The executive director or the executive director's designee shall have thirty days to approve or disapprove the resubmitted plan. If the executive director or the executive director's designee fails to review the resubmitted plan within such thirty-day period, the plan shall be deemed deficient without consequence. If the contractor fails to resubmit a plan or to remedy the reasons for disapproval, the plan shall receive a final disapproval from the executive director or the executive director's designee.

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:32:28 ET on 12/23/2020 under Order No.9864579694 which expires on 05/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

(c) Any failure to submit a plan as required by this section or receipt of a final disapproval of a plan shall constitute a discriminatory practice, as defined in section 46a-51. Any contractor who has received a final disapproval may request reconsideration of the disapproval according to the procedures for reconsideration set forth in subsection (h) of section 46a-83.

§ 8.7.5.3 The Contractor shall comply with the provisions of Conn. Gen. Stat. § 46a-68d

(a) In addition to the provisions of Conn. Gen. Stat. section 4a-60, each Contractor awarded a public works contract of more than one hundred fifty thousand dollars, but not subject to the provisions of section 46a-68d, or a first-tier contractor who has entered into an agreement with a Contractor subject to the provisions of section 46a-68d, that is valued at one hundred fifty thousand dollars or more, shall develop and file a good faith efforts plan with the Commission on Human Rights and Opportunities, which shall comply with the regulations adopted by the commission. Any plan filed pursuant to this section shall be filed not later than forty-five days from the date the contract or agreement is awarded. The commission may grant one fifteen-day extension for such filing to a Contractor upon the request of the Contractor.

(b) The executive director or the executive director's designee shall review and formally approve, conditionally approve or disapprove the content of the good faith efforts plan not later than one hundred twenty days following the date of the submission of the plan to the commission. If the executive director or the executive director's designee fails to approve, conditionally approve or disapprove a plan within such one-hundred-twenty-day period, the plan shall be deemed to be either approved or deficient without consequence. If a plan is disapproved, the Contractor shall have forty-five days from the notice of disapproval to resubmit an amended plan in order to remedy the reasons for disapproval. The executive director or the executive director's designee shall have thirty days to approve or disapprove the resubmitted plan. If the executive director or the executive director's designee fails to review the resubmitted plan within such thirty-day period, the plan shall be deemed deficient without consequence. If the Contractor fails to resubmit a plan or to remedy the reasons for disapproval, the plan shall receive a final disapproval from the executive director or the executive director's designee.

(c) Any failure to submit a plan as required by this section or receipt of a final disapproval of a plan shall constitute a discriminatory practice, as defined in section 46a-51. Any Contractor who has received a final disapproval may request reconsideration of the disapproval according to the procedures for reconsideration set forth in subsection (h) of section 46a-83.

§ 8.7.5.4 The Contractor shall comply with the provisions of Conn. Gen. Stat. § 46a-68e

(a) Each Contractor shall file, and shall cause each of such Contractor's Subcontractors to file, with the commission such compliance reports at such times as the commission may direct. Compliance reports shall contain such information as to the practices, policies, programs and employment policies, employment programs, and employment statistics of the Contractor and each Subcontractor and be in such form as the commission may prescribe.

(b) All compliance reports shall be submitted not later than forty-five days after the substantial completion of the Contract. The executive director or the executive director's designee shall have thirty days from the date of submission of a compliance report to review and formally approve or disapprove the compliance report. If the executive director or the executive director's designee fails to approve, conditionally approve or disapprove a plan within such thirty-day period, the plan shall be deemed to be either approved or deficient without consequence.

(c) In the case of a public works contract subject to the provisions of section 46a-68d, the awarding agency shall withhold two per cent of the total contract price per month from any payment made to such Contractor until such time as the Contractor has submitted all compliance reports required by the commission and the reports have been approved by the executive director or the executive director's designee or deemed deficient without consequence.

§ 8.7.5.5 The Contractor shall comply with the provisions of Conn. Gen. Stat. § 46a-68f

Whenever the Contractor or Subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the compliance report shall include information pertaining to such labor union's or agency's practices and policies affecting compliance, as the commission may prescribe; provided, to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 11:32:28 ET on 12/23/2020 under Order No.9864579694 which expires on 05/07/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

or training and such labor union or agency refuses to furnish information to the contractor, the Contractor shall so certify to the commission as part of its compliance report and shall set forth what efforts have been made to obtain such information.

§ 8.7.5.6 The Contractor shall comply with the provisions of Conn. Gen. Stat. § 46a-68g.

§ 8.7.5.7 State of Connecticut Set Aside Provisions

The Contractor shall (A) set aside at least 6.80 percent (6.80%) of the total value of the state's financial assistance for such Contract for award to Subcontractors who are small contractors, and (B) of that portion to be set aside in accordance with subparagraph (A) of this subdivision, reserve a portion equivalent to 3.3 percent (3.3%) of the total value of the state’s financial assistance to be set aside for awards to Subcontractors who are minority business enterprises. Consequently, based on the expected State assistance, the total SBE goal is $45,288.00, the total MBE goal is $21,978.00, and the total SBE (non MBE) goal is $23,310.00.

§ 8.7.6 This Contract is above the prevailing wage threshold as defined by Connecticut law, section 31-53, as amended, the Contractor shall include the costs of such wages including all yearly adjustments in the Contract Price and at no additional cost to the Owner. The wages paid on an hourly basis to any mechanic, laborer or workman employed upon the work herein contracted to be done and the amount of payment or contribution paid or payable on behalf of each such employee to any employee welfare fund, as defined in subsection (i) of this section, 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 public works project is being constructed. Any contractor who is not obligated by agreement to make payment or contribution on behalf of such employees to any such employee welfare fund shall pay to each employee as part of his wages the amount of payment or contribution for his classification on each pay day.

§ 8.7.7 Non-Resident Contractor 5% Tax For Contracts. Conn. Gen. Stat. Sec. 12-430(7) requires non-resident contractors who perform services or furnish materials, or both, for the construction, alteration or improvement of any project in which the contract price is at least $250,000, to furnish the Department of Revenue Services (DRS) a Guarantee Bond for 5% of the total cost of the work, issued under a contract using Form AU-766, Guarantee Bond.

This form is available on the State DRS website. Form AU-766 must be submitted for each additional change order or supplement issued against the contract. Non-resident contractors must have completed and submitted to the DRS Form REG-1, Business Tax Registration Application, to register with the DRS and have been issued a Connecticut Tax Registration Number. This form is available on the DRS website. Non-resident contractors have 120 days from the commencement of the contract to file the Guarantee Bond with the State. Commencement of the contract, as defined by law, “means the time when the non-resident contractor signs the contract, but, in any event, occurs no later than when the work under the contract actually starts.” As soon as the guarantee bond is filed with the DRS, the non-resident contractor shall submit the copy of such Guarantee Bond together with the non-resident contractor’s Connecticut Tax Registration Number to the Town department for whom the project is required. After the non-resident contractor receives its Certificate of Compliance from the DRS confirming that the Guarantee Bond requirement has been met, the non-resident contractor shall submit a copy of the same to the department, for whom the work is being performed, with a copy to the Owner’s purchasing department.

§ 8.7.9 The following are incorporated by reference into this Agreement as though fully set forth and stated herein:

The 13th, 14th and 15th Amendments of the United States Constitution, Civil Rights Act of 1964, Equal Pay Act of 1963, Title VI and VII of the 1964 United States Civil Rights Act, Presidential Executive Orders 11375, 11478 (nondiscrimination under federal contracts), Act 1, Section 1 and 20 of the Connecticut Constitution, Governor Grasso's Executive Order Number 11, Governor O'Neill's Executive Order Number 9, the Connecticut Fair Employment Practices Law (Sec. 46a-60-69) of the Connecticut General Statutes, Connecticut Code of Fair Practices (46a-70-81), Deprivation of Civil Rights (46a-58 (a)(d) ), Public Accommodations Law (46a-63-64), Discrimination against Criminal Offenders (46a-80), definition of blind (46a-51(1)), definition of Physically Disabled (46a-51 (15) ), definition of Mentally Disabled (46a-51-13 ), cooperation with the Commission on Human Rights and Opportunities (46a-77), Sexual Harassment (46a-60 (a)-8), Connecticut Credit Discrimination Law (360436 through 439), Title 1 of the State and the Local Fiscal Assistance Act 1 1972.

§ 8.7.10 Executive Orders. This Agreement is subject to the provisions of Executive Order No. Three of Governor Thomas J. Meskill, promulgated June 16, 1971, concerning labor employment practices, Executive Order No.

Seventeen of Governor Thomas J. Meskill promulgated February 15, 1973, concerning the listing of employment opening and Executive Order No. Sixteen of Governor John G. Rowland promulgated August 4, 1999, concerning

AIA Document A101® – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A101," and “AIA Contract Documents” are registered trademarks and may not be used without permission.