Bid 2026-05 Animal Control Facility Generator.pdf

Project Manual & Specifications

Animal Control Facility

Generator

Bid No. 2026-05

Prepared for:

Town of Montville

310 Norwich-New London Turnpike

Uncasville, Connecticut 06382

September 26, 2025

Prepared By:

CLA Engineers, Inc.

317 Main Street

Norwich, CT 06360

Ph: 860-886-1966 F: 860-886-9165 www.claengineers.com http://www.claengineers.com/

TABLE OF CONTENTS

I. ADVERTISEMENT FOR BIDS

II. INFORMATION TO BIDDERS

III. PROPOSAL FORMS

1. Bid Form

2. Form of Bid Bond

3. Statement of Bidders Qualifications

4. Proposed Subcontractors

5. Proposed Suppliers

6. Non-Discrimination in Employment

7. Non-Collusion Affidavit of Prime Bidder

8. Certificate as to Corporate Principal

IV. AGREEMENT AND BOND FORMS

1. Agreement Between Owner and Contractor

2. Form of Performance Bond

3. Form of Payment Bond

V. GENERAL CONDITIONS

VI. SPECIAL CONDITIONS

VII. TECHNICAL SPECIFICATIONS

Animal Control Facility Generator

Civil · Structural · Survey

I. ADVERTISEMENT FOR BIDS

TOWN OF MONTVILLE

INVITATION FOR PROPOSALS BID #2026-05

The Town of Montville is interested in receiving proposals for a 100 A, 3-Phase Diesel Standby

Generator at the Animal Control Facility. A copy of the specifications is available at www.montville-ct.org.

All proposals are due no later than October 23, 2025 at 10:00 AM and must be received at the

Finance Office prior to the due date and time. A proposal must be delivered by hand, or by regular or overnight mail to the Town of Montville, Finance Office, 310 Norwich/New London Turnpike, Uncasville, Connecticut 06382, with the proposal contained in a sealed envelope marked “Animal

Control Facility Generator”. The proposal must be signed by a Company official. Proposals will be opened and read aloud in the Finance Office.

In addition to other reservations and conditions contained in the proposal documents, the Town of

Montville reserves the right to waive any technical defects in the proposals received; to waive any formalities or irregularities; to reject any and all proposals for any reason, including that it or they do not conform to the terms and conditions described herein, as determined by the Town in its sole discretion; to accept or reject any part of any proposal received; to present and negotiate terms of a contract together or separately with any party submitting a proposal; to determine qualifications exclusively and finally; to request additional qualifications; and to select any proposal or part thereof based on any combination of factors, including the amount proposal, the time of completion, and the Town’s best interests. The Town further reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether or not that proposal is selected.

Leonard G. Bunnell Sr., Mayor http://www.montville-ct.org/

II. INFORMATION TO BIDDERS

CLA Engineers, Inc.

Civil · Structural · Survey

Information to Bidders

INFORMATION TO BIDDERS

1. Bid Documents:

Complete sets of the Bidding Documents are available digitally only as stated in the advertisement or invitation to bid. Neither the Owner nor Engineer will be responsible for full or partial sets of Bid Documents obtained from any other source.

Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor

Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2. Interpretations and Addenda:

No interpretation of the meaning of the Drawings, Specifications, or other prebid documents will be made to any bidder orally. Every request for such interpretation must be in writing and addressed to Kyle Haubert, CLA Engineers, Inc., 317 Main Street, Norwich, CT 06360;

Fax: 860-886-9165, email at: khaubert@claengineers.com. Interpretations or clarifications considered necessary in response to such questions will be issued by Addenda. Questions received less than seven (7) days prior to the date and time for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

Potential Bidders are responsible for checking the Town of Montville website at http://www.townofmontville.org/ for any addendums and updates regarding this Bid.

3. Receipt of Bids:

Sealed bids (1 original & 1 PDF copy on a USB) for the “Animal Control Facility

Generator” will be received at the Finance Office, Montville Town Hall located at 310

Norwich New London Tpke, Uncasville, Connecticut 06382, at the time specified in the advertisement for bids, then opened and read aloud.

The envelopes containing the bids must be sealed and designated as “Animal Control facility

Generator”.

The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities in or reject any and all bids. Conditional or qualified bids will not be accepted. Any bid received after the time and date specified shall not be considered. Should there be reasons why the contract cannot be awarded within the specified period the time may be extended by mutual agreement between the Owner and the bidder.

mailto:khaubert@claengineers.com http://www.townofmontville.org/

Town of Montville Animal Control Facility Generator

4. Definitions:

The following terms as used in this contract are defined as follows:

A. Owner - The Owner of the project is Town of Montville, acting through the Mayor.

B. Contractor - The term "Contractor" as hereinafter used shall refer to the General

Contractor for this job.

C. Owner's Representative - The term "Owner's Representative" as hereinafter used shall refer to any authorized staff, engineer or inspector who is appointed by the Owner to supervise, test or oversee the work herein specified.

E. Contract - Wherever the term "contract" is used in this document, it shall mean the actual bid form, information to bidders, agreement, specifications, contract drawings or formal purchase order issued to the Contractor.

F. Project Site - The project site is located at the Town of Montville Animal Control Facility, 225 Maple Avenue, Uncasville, CT.

5. The Owner reserves the right to reject any or all bids, or any part of any bid or waive any informality in bids received, where such action is deemed in the best interest of the Owner.

6. Experience:

The Owner will not award this contract unless the Contractor furnishes satisfactory evidence of his/her ability and experience to perform this work, and that he/she has sufficient capital and equipment to enable him/her to execute the work successfully and to complete it within specified time. As part of the bid, at the request of the Owner, the Contractor must submit a list of five similar and successfully completed jobs whose relevance to the proposed job shall be deemed by the Owner. The name, address, and telephone number of a contact person involved with each of these projects must be included.

7. Method of Award-Lowest Qualified Bidder

If, at the time this Contract is to be awarded, the lowest base bid submitted by a responsible bidder which demonstrates adequate experience and does not exceed the amount of funds then estimated by the Owner as available to finance the Contract, the Contract will be awarded on the lowest base bid. If such bid exceeds such amount, the Owner expressly reserves the right to increase or decrease any class, item, or part of the work, and this reservation includes the omission of any such item, items, class, or part of the work as may be decided by the Owner at unit prices submitted by the bidder to bring the Contract within available funds; or the

Owner may reject all bids. In determining the lowest qualified bidder the total price bid for the Basic Contract will be used.

Town of Montville Animal Control Facility Generator

8. Time of Completion & Liquidated Damages:

The selected Contractor must obtain bonding, insurance and sign a contract within five (5) days of receipt of notice of award. The bidder must agree to commence work on or before a date to be specified in a written “Notice to Proceed” of the Owner. The date of the “Notice to Proceed” may be coordinated with the Contractor to accommodate product lead times.

The Work will be substantially completed within 30 calendar days after the date when the

Contract Times commence as outlined in the Notice to Proceed.

Contractor and Owner recognize that time is of the essence and that Owner will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1,000.00 for each day that expires after the time specified in the Paragraph above for Substantial

Completion until the Work is substantially complete.

9. Employment of Labor:

The wages paid to mechanics, laborers or workmen employed upon the work herein contracted to be done shall be at a rate equal to the rate of wages prevailing for the same work in the same trade or occupation in the Montville area as determined by the labor

Commissioner of the State of Connecticut. See Section 31-53 of the General Statues of the state of Connecticut, Revision of 195S, as amended.

Public Act 79-325 passed by the 1979 Legislature covers exemptions from Section 31-53 of the General Statutes. Under the new exemptions, effective October 1985, the regulations that the prevailing wage must be paid for work performed by contractors and subcontractors in connection with work on public facilities will not apply:

To public work alterations, repair, refinishing projects with total cost of less than

$100,000.

To public works new construction with a total cost of less than $1,000,000.

All Contractors are informed that the project is considered Alteration/Repair Work.

All Contractors are advised to inform themselves and to comply with the requirements of

Federal, State and local laws governing the employment of labor. The Contractor shall provide certified payroll sheets to the Town, which shall include all employees involved with the project for each payroll period during the course of the project.

Town of Montville Animal Control Facility Generator

10. Bid Security:

Each bid must be accompanied by a certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5 percent (5%) of the bid. Such checks or bid bonds will be returned to all but the three lowest bidders within five days after the opening of bids, and the remaining checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract; or if no award has been made within 60 days after the date of the opening of the bids, upon demand of the bidder at any time there-after, so long as he has not been notified of the acceptance of his bid.

The bid bond of the successful bidder will be retained until the payment bond and performance bond have been executed and approved, after which it will be returned.

11. Contract Security:

The Contractor shall furnish a Performance Bond and Payment Bond in amounts equal to at least one hundred percent (100%) of the contract price as security for the faithful performance of the Contract, and for the payment of all persons performing labor on the project under this contract and furnishing materials, equipment and all other incidentals in connection with this contract. The Surety on such a bond shall be a duly authorized surety company satisfactory to the Owner and the cost of the same shall be paid by the Contractor prior to the starting of any work, the bonds must be approved by the Owner and be in the Owner’s hands. The bonds must be from a surety company licensed and approved to do business in the State of

Connecticut.

12. Guarantee:

The Contractor at no cost to the Owner shall replace any material or workmanship found to be defective for up to one year from the date of acceptance by the Superintendent. Upon notification of defective material or workmanship, the Contractor shall immediately replace such defective areas, unless otherwise instructed by the Owner. To this end the Contractor shall provide a maintenance bond through the guarantee period. The bonding company shall be acceptable to the Owner.

Town of Montville Animal Control Facility Generator

III. PROPOSAL FORMS

BID FORM

ANIMAL CONTROL FACILITY GENERATOR

MONTVILLE, CONNECTICUT

TO: Town of Montville FROM:

Finance Office

310 Norwich-New London Tpke.

Uncasville, CT 06382

The undersigned, having familiarized (himself, itself, themselves) with the existing conditions on the Project Site affecting the cost of the work, and with the Contract Documents for the Town of

Montville Animal Control Facility Generator project and hereby proposes to furnish all supervision, technical personnel, labor, materials, equipment, tools, appurtenances, services, materials not supplied by the Owner, and anything else necessary, including utility and transportation services required to perform and complete this Contract, all in accordance with the

Contract Documents, at and for the unit prices for work in place for the following work items.

Unit prices are to be written in both words and figures. In case of discrepancy, the unit price shown in words will govern.

The quantity of the units shown below is given for the purpose of determining the Award.

The Owner reserves the right to increase or decrease these quantities. Payment to the

Contractor will be based on completed measured quantities of these work items.

ITEM DESCRIPTION

1. Furnish and install the Town of Montville Animal Control Facility Generator

100 A, 3 Phase, Diesel Standby Generator

Including but not limited to generator delivery, placement, fuel, wiring, conduit, startup testing, and all other items required for a fully functioning standby generator.

Lump Sum Price:

Lump Sum Price in Words:

Anticipated Generator Lead Time:

This contract is to be awarded to that responsible Bidder whose total bid is the lowest number of dollars for the above items.

The undersigned agrees, if awarded the Contract, to execute and fully complete all work in accordance with the Information To Bidders. The undersigned has checked carefully all the above figures and understands that the OWNER will not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

The Contractor acknowledges the receipt of the following Addenda;

Addendum No. , dated

Enclosed is the Bidder’s Bond, Certified Check or Cashier’s Check No. in the amount of five (5%) of the Bid.

Contractor understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Contractor agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids.

In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents including any addenda.

B. Bidder has visited the Sites and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and drawings identified in the Bidding

Documents, with respect to the effect of such information, observations, and documents on

(1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

E. Based on the information and observations referred to in Paragraph D above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

F. Bidder is aware of the general nature of work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Bidding Documents.

G. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

H. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

Respectfully submitted:

By

(Title)

(Business Address)

(Telephone Number)

(Email or Fax)

(SEAL - if bid is by a corporation)

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, , as PRINCIPAL, and as SURETY are held and firmly bound unto the Town of Montville hereinafter called the

"OWNER", in the penal sum of Five Percent of Total Bid Dollars, ($5% of Total Bid) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these Presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the Accompanying Bid, dated , 20 , for

Town of Montville – Animal Control Facility Generator

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within ninety (90) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written

Contract with the Owner in accordance with the Bid, as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, the Principal shall pay the Owner the difference between the amount specified in said Bid and the Amount for which the Owner may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. In presence of:

(Individual Principal) (SEAL)

(Partnership) (SEAL)

Attest: By:

(Corporate Principal)

Affix

By: Corporate

Seal

Attest:

(Corporate Surety)

Affix

By: Corporate

Seal

Countersigned by

Attorney-in-Fact, State of

(Power-of-Attorney for person signing for surety company must be attached to bond.)

PROPOSED SUBCONTRACTORS

THE BIDDER SHALL STATE THE NAMES OF ALL THE SUBCONTRACTORS THAT HE

PROPOSES TO USE. ATTACH ADDITIONAL SHEETS IF NEEDED.

If none, write "None"

*Description of Work

Proposed Subcontractor, Name

Address

*Insert description of work and subcontractors' names as may be required.

This is to certify that all names of the above-mentioned subcontractors are submitted with full knowledge and consent of the respective parties.

The Bidder warrants that none of the proposed subcontractors have any conflict of interest as respects this contract.

Bidder

(Fill in Name)

(Signature and Title)

PROPOSED SUPPLIERS

THE BIDDER SHALL STATE THE NAMES OF PROPOSED MATERIAL SUPPLIERS FOR

THE PROJECT. ATTACH ADDITIONAL SHEETS IF NEEDED.

If none, write "None"

*Description of Material

Proposed Supplier, Name

*Insert description of work and suppliers names as may be required.

This is to certify that all names of the above-mentioned suppliers are submitted with full knowledge and consent of the respective parties.

The Bidder warrants that none of the proposed suppliers have any conflict of interest as respects this contract.

Bidder

(Fill in Name)

(Signature and Title)

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets.

The Bidder may submit any additional information he desires.

1. Name of Bidder.

2. Permanent main office address.

3. When organized.

4. If a corporation, where incorporated.

5. How many years have you been engaged in the contracting business under Your present firm or trade name?

6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate dates of completion.

7. General character of work performed by your company.

8. Have you ever failed to complete any work awarded to you? If so, where and why?

9. Have you ever defaulted on a contract? If so, where and why?

10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed.

11. List your major equipment available for this contract.

12. Experience in construction work similar in importance to this project.

13. Background and experience of the principal members of your organization including the officers.

14. Will you, upon request, fill out a confidential detailed financial statement and furnish any other information that may be required by the OWNER?

15. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Owner or representative in verification of the recitals comprising this Statement of Bidder's Qualifications.

Dated at this day of , 20 .

(Name of Bidder)

Title

State of )

) ss.

County of ) being duly sworn deposes and says that he is of

(name of organization) and that the answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn to before me this day of , 20 .

Notary Public

My Commission expires 20 .

NONDISCRIMINATION IN EMPLOYMENT

) ss

, being first duly sworn, deposes and says that:

(1) He is (owner, partner, officer, representative, or agent), of

, the bidder that has submitted the attached bid;

(2) Said bidder (has ) (has not ) previously performed work subject to the

President's Executive Order No. 11246, or any preceding similar Executive Order.

Signed

Subscribed and Sworn to before me this day of 20 .

My Commission expires , 20 .

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

) ss.

, being first duly sworn, deposes and says that:

(1) He is (owner, partner, officer, representative or agent) of

, the Bidder that has submitted the attached bid;

(2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

(3) Such Bid is genuine and is not a collusive or sham Bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached

Bid has been submitted or to refrain from Bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the

Owner or any person interested in the proposed Contract; and

(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Signed)

Subscribed and sworn to before me this day of 20 .

My Commission expires , 20 .

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, , certify that I am the

Secretary of the corporation named as Principal in the within bond; that

, who signed the said bond on behalf of the Principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was his duly signed, sealed, and attested to for and in behalf of said corporation by authority of this governing body.

(Corporate Seal)

Title:

IV. AGREEMENT AND BOND FORMS

Animal Control facility Generator

AGREEMENT

THIS AGREEMENT, made this the day of 2025, by and between Town of

Montville, Connecticut acting herein through Leonard G. Bunnell Sr., Mayor, hereinafter called

“OWNER” and to be determined an individual, a partnership, a corporation doing business at to be determined hereinafter called the “CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned;

1. The CONTRACTOR will commence and complete the Animal Control Facility

Generator.

2. The CONTRACTOR will furnish all of the material not supplied by Owner, supplies, tools, equipment, labor and other services necessary for the construction and completion of the

PROJECT described herein.

3. The CONTRACTOR will commence the work required by the CONTRACT

DOCUMENTS WITHIN 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within 30 consecutive calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS.

4. The CONTRACTOR agrees to perform all the work described in the CONTRACT

DOCUMENTS and comply with the terms therein for the amount of $ T.B.D.

as shown in the Bid schedule.

5. The CONTRACTOR agrees the sum of 5% of progress pay estimates will be retained until final acceptance of the PROJECT further the sum of 2% of the total PROJECT will be retained for a period of ninety days from final acceptance of the work.

6. The term “CONTRACT DOCUMENTS” means and includes the following:

Invitation to Bid

Information to Bidders

Bid Proposal

Bid Bond

Proposed Subcontractors

Statement of Experience

Qualification Statement

Contract Agreement

Form of Payment Bond

Form of Performance Bond

Technical Specifications

Drawings prepared by CLA Engineers, Inc.

Specifications prepared by CLA Engineers, Inc.

Addenda:

No. , dated

7. The OWNER will pay the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS.

8. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this

Agreement in (3 copies) each which shall be deemed an original on the date first above written.

OWNER: Town of Montville

BY

(Leonard G. Bunnell Sr., Mayor)

ATTEST

CONTRACTOR:

BY

ATTEST

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That we

(Name of Contractor) a

(Corporation, Partnership, or Individual) hereinafter called "Principal" and

(Surety) of , State of hereinafter called the

“Surety", are held and firmly bound unto The Town of Montville, hereinafter

(Owner) called "Owner", in the penal sum of Dollars

($ ) in lawful money of the United States, for the payment made, we bind ourselves, and successors, jointly presents of which sum well and truly to be our heirs, executors, administrators and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , 20_, a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void;

otherwise to remain in full force and effect.

shall abridge the right of any beneficiary thereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of , 20 .

ATTEST:

(Principal) Secretary

(SEAL)

Principal

By (s)

(Address-Zip Code)

Witness as to Principal

Surety

(Surety) Secretary Attorney-in-Fact

Witness as to Surety

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond.

CLA Engineers, Inc.

Civil · Structural · Survey

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work of to the specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That we

(Name of Contractor) a

(Corporation, Partnership, or Individual) hereinafter called "Principal" and

(Surety) of , State of hereinafter called the “Surety", are held and firmly bound unto The Town of Montville

(Owner) hereinafter called "Owner", in the penal sum of Dollars

($ ) in lawful money of the United States, for the payment made, we bind ourselves, and successors, jointly presents of which sum well and truly to be our heirs, executors, administrators and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , 20_ , a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void;

otherwise to remain in full force and effect.

shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of , 20 .

Principal

By (s)

(Principal) Secretary

Witness as to Principal

Surety

(Surety) Secretary Attorney-in-Fact

Witness as to Surety

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work of to the specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor

Town of Montville Animal Control facility Generator

V. GENERAL CONDITIONS

General Conditions

Town of Montville Animal Control Facility Generator

ARTICLE 1 CONTRACT AND CONTRACT DOCUMENTS

The drawings, plans, specifications, addenda, Special Conditions, the Advertisement for Bid, the Information for

Bidders, and the Bid Proposal as accepted by the OWNER, shall be binding upon the parties to this Agreement as if fully set forth therein. Whenever the term Contract Documents is used it shall mean and include the drawings, specifications and addenda. The OWNER shall interpret his own requirements. In case of conflict or inconsistency between the provisions of the signed portions of the Contract Documents and those of the specifications, the provisions of the signed portions shall govern.

ARTICLE 2 DEFINITIONS

The following terms as used in this contract are defined as follows:

A. Owner - The Owner of the project is the Town of Montville.

B. Contractor - The term "Contractor" as hereinafter used shall refer to the General Contractor for this job.

C. Owner's Representative - The term "Owner's Representative" as hereinafter used shall refer to any engineer or inspector whom the Owner may designate to inspect, test or oversee the work herein specified.

D. Contract - Wherever the term "contract" is used in the General Conditions, it shall mean the actual bid form, specifications, Plans, General Conditions, Special Conditions and formal purchase order issued to successful bidder.

The rights and obligations of the CONTRACTOR under this contract shall include, but not be limited to the following:

ARTICLE 3 REPRESENTATIONS OF THE CONTRACTOR

The Contractor represents and warrants:

a. That he is financially solvent and that he is experienced and competent to perform the type of work required under this contract and that he is able to furnish the plant, materials, supplies, or equipment that may be necessary to perform the work as specified.

b That he is familiar with all Federal, State and municipal laws, ordinances, orders, and regulations which may in any way effect the project work, or the employment of persons thereon, including but not limited to any special acts relating to the work or to the project of which it is a part.

c. That such temporary and permanent work required by the contract documents to be done by him will be satisfactorily constructed and can be used for the purpose for which it was intended and that such construction will not injure any person or damage property.

d. That he has carefully examined the drawings, specifications, and addenda, if any, and the site of the work and that from his own investigations, he has satisfied himself as to the nature and location of the work, the character of equipment and other facilities needed for the performance of the work, the general and local conditions, and all other items that may effect the work.

e. That he is aware of the hazards involved in the work and the danger to life and property both evident and inherent and that he will conduct the work in a careful and safe manner without-injury to persons or property.

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ARTICLE 4 CONTRACT SECURITY

The Contractor shall furnish a Performance Bond and Payment Bond in amounts equal to at least one hundred percent

(100%) of the contract price as security for the faithful performance of the Contract, and for the payment of all persons performing labor on the project under this contract and furnishing materials, equipment and all other incidentals in connection with this contract. The Surety on such a bond shall be from securities listed on the most recent IRS Circular

570, satisfactory to the Owner and the cost of the same shall be paid by the Contractor. Prior to the starting of any work, the bonds must be approved by the Owner and be in the Owner’s hands. The bonds must be from a surety company licensed and approved to do business in the State of Connecticut.

ARTICLE 5 CONTRACTOR'S OBLIGATIONS

The Contractor shall perform all work in a good workmanlike manner, and in accordance with the plans and specifications and any supplements thereto, and according to any directions or orders given by the Owner unless otherwise stipulated. He shall furnish all supplies, materials, except those supplies and materials furnished by the

Owner, facilities, equipment, tools and anything else necessary or proper to perform and complete the work required by this contract. He shall furnish, erect, maintain, and remove any construction plant or temporary work as may be required. He alone shall be responsible for the safety, efficiency-, and adequacy of his plant, appliances, and methods and for any damage which may result from their failure or their improper construction maintenance, or operation. The

Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the contract and specifications and shall do, carry on, and complete the entire work to the satisfaction of the Owner.

The Contractor shall be solely responsible for all the work and shall provide all precautionary measures necessary for preventing injury to persons or damage to property. All injury or damage of whatever nature resulting from the work or resulting to persons, property, or the work during its progress, from whatever cause, shall be the responsibility of the Contractor.

The Contractor shall hold the Owner and Engineer, or their duly authorized agents, harmless and defend and indemnify them against damages or claims for damages due to injuries to persons or property arising out of the execution of the project work, and for damages to materials furnished for the work, for infringement of inventions, patents, and patent rights used in doing the work, and for any act, omission, or instance of neglect by the Contractor, his agents, employees, or subcontractors.

The Contractor shall bear all losses resulting to him, including but not limited to losses sustained on account of the character, quality, or quantity of any part of the work, or all parts of the work, or because the nature of the conditions in or on the project site are different from what was estimated or indicted, or on account of the weather, elements, or other causes.

ARTICLE 6 SUPERINTENDENCE BY THE CONTRACTOR

The Contractor shall give the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Owner in every possible way.

At the site of the work, the Contractor shall, at all times, employ a suitably experienced construction superintendent who shall have full authority to act for the Contractor. It is understood that the employment of such representative shall be acceptable to the Owner and shall be such a person as can be continued in the capacity for the duration of the contract, unless he ceases to be on the Contractor's payroll.

ARTICLE 7 CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES

Within five (5) days after the date of "Notice to Proceed" the Contractor shall deliver to the Owner an estimated construction progress schedule in a form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the contract documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The

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Contractor shall also furnish the Owner: 1. a detailed estimate, giving a complete breakdown of the contract price; and

2. periodic itemized estimates of the work done for the purpose of making partial payments thereon.

ARTICLE 8 USE OF PREMISES AND REMOVAL OF DEBRIS

The Contractor undertakes, at his own expense:

a. To take every precaution against injuries to persons or damage to property.

b. To store his apparatus, materials, equipment, and supplies in such orderly fashion at the site of the work as will not unduly interfere with the pro-tress of his work or any others.

c. To place upon the work or any part thereof, only such loads as are consistent with the safety of that portion of the work.

d. To clean frequently all refuse, scrap, and debris caused by his operations, and to dispose of same away from the site, so that the work site is maintained in a neat, workmanlike appearance.

e. To effect all cutting, fitting, or patching of his work required to make the same conform to the drawings and specifications, and except with the consent of the Owner, not to cut or otherwise alter the work of any other contractor.

f. Before final payment, to remove all surplus materials false work, temporary structures, including foundations thereof, plants of any description, and debris of any nature resulting from his operations and to dispose of same away from the site, so that the site is left in a neat, orderly, and workmanlike condition.

ARTICLE 9 GENERAL WARRANTY

Neither the final certificate of payment nor any provision in the contract documents nor partial or entire occupancy of the premises by the Owner shall constitute an acceptance of work not done in accordance with the contract documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty workmanship or materials.

The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year (1) from the date of final acceptance of the work, unless a longer period is specified by the Owner. The Owner will give final notice of observed defects with reasonable promptness.

ARTICLE 10 PROTECTION OF WORK AND PROPERTY - EMERGENCY

a. The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The Contractor shall replace or make good any such damage, loss, or injury at no additional expense to the Owner.

b. In case of an emergency which threatens loss or injury of property, and/or safety of life the Contractor will be allowed to act, without previous instructions from the Owner, in a diligent manner. He shall notify the Owner immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Owner for approval.

c. Where the Contractor has not taken action but has notified the Owner of an emergency threatening injury to persons or damage to the work or to any adjoining property, he shall act as instructed or authorized by the Owner.

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d. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided elsewhere in the contract documents.

ARTICLE 11 WEATHER CONDITIONS

In the event of temporary suspension of the work or during inclement weather, or whenever the Owner shall direct, the Contractor shall, and shall cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Owner, any work or materials are damaged or injured by reason of failure to protect them on the part of the Contractor, or any of his subcontractors, or otherwise damaged or injured by the Contractor's negligence, or are found to be defective, such materials or work shall be removed and replaced at the expense of the Contractor.

ARTICLE 12 THE OWNER'S AUTHORITY

The Owner shall give all orders and directions contemplated under this contract and specifications relative to the execution of the work. The Owner shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Owner's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said contract or specifications, the determination or decision of the Owner shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this contract affected by such questions. The Owner shall decide 'the meaning and intent of any portion of the specifications and of any plans or drawings where the same may be found to be obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor and other contractors performing work for the Owner, shall be adjusted and determined by the

Owner.

ARTICLE 13 ALL WORK SUBJECT TO CONTROL BY THE OWNER

a. In the performance of the work, the Contractor shall abide by all orders, directions, and requirements of the Owner, and shall perform all work to the satisfaction of the Owner, and at such times and places, by such methods, and in such manner and sequence as he may require. The Owner shall determine the amounts, quality, acceptability, and fitness of all parts of the work. The Owner shall interpret the drawings, specifications, contract documents, all other documents, and the extra work orders. The

Owner shall also decide all other questions in connection with the work. The Contractor shall employ no plant, equipment, materials, methods or men to which the Owner objects and shall remove no plant, materials, or equipment or other facilities from the work site without the Owner's permission. Upon request the Owner will confirm in writing any oral order, direction, requirement, or determination.

b. Inspectors shall be authorized to inspect all work done and materials furnished. Such inspection may extend to all parts of the work and to the preparation or manufacture of the materials to be used. The presence or absence of an inspector shall not relieve the Contractor from any requirements of the contract. In case of any dispute arising between the Contractor and the inspector as to materials furnished or the manner in which the work is being executed, the inspector shall have the authority to reject material or suspend work until the question has been decided by the Owner. The inspector shall not be authorized to revoke, alter, enlarge, relax, or release any requirement of these specifications, nor to approve or accept any portion of the work, nor to issue instructions contrary to the drawings and specifications. The inspector shall in no case act as foreman or perform other duties for the Contractor, or interfere with the management of the work by the latter. Any advice which the inspector may give the Contractor shall in no way be construed as binding the Owner, or the Engineers in any way, nor releasing the Contractor from the fulfillment of the terms of the contract.

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ARTICLE 14 THE OWNER'S CONTROL NOT LIMITED

The enumeration in this contract of particular instances in which the opinion, judgment, discretion, or determination of the Owner shall control or in which work shall be performed to his satisfaction or subject to his approval or inspection, shall not imply that only matters similar to those enumerated shall be so governed and performed, but without exception all the work shall be so governed and performed.

ARTICLE 15 RIGHT OF THE OWNER TO TERMINATE THE CONTRACT

In the event that any of the provisions of this contract are violated by the Contractor, or any of his subcontractors, the

Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contract, such notice to contain the reasons for such intention to terminate the contract. If within ten days (10) such violation or delay shall not cease and satisfactory arrangement of correction made, the contract shall, at the expiration of the ten days, cease and immediately serve notice thereof upon the Surety and the Contractor, and the Surety shall have the power to take over and perform the contract, provided, however, that if the Surety does not commence performing thereof within ten days (10) from the date of mailing to such Surety of Notice of termination, the Owner may take over the work and prosecute the same to completion by contract or force account at the expense of the Contractor, and the

Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby.

ARTICLE 16 INTERPRETATION OF THE DRAWINGS AND SPECIFICATIONS

Except for the Contractor's executed set, all drawings and specifications are the property of the Owner. The Owner will furnish the Contractor, without charge, three (3) sets of the drawings and specifications. Additional sets will be furnished upon request, at actual cost of reproduction.