TOWN OF FARMINGTON

CONTRACT DOCUMENTS FOR

BID # 386

TUNXIS MEAD BASKETBALL

COURTS REHABILITATION PROJECT

TOWN OF FARMINGTON, CT

TOWN MANAGER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. KATHLEEN A. BLONSKI 860.675.2350

DIRECTOR OF PUBLIC WORKS/TOWN ENGINEER. . . . . . . . . . . . . . . . . .RUSSELL M. ARNOLD JR., P.E.

860.675.2305

BID # 386 – TUNXIS MEAD BASKETBALL COURTS REHABILITATION PROJECT

FARMINGTON, CONNECTICUT

TABLE OF CONTENTS

LEGAL NOTICE

INFORMATION FOR BIDDERS

ITEM 1 - RECEIPT AND OPENING OF BIDS:

ITEM 2 - SUBMISSION OF BID:

ITEM 3 – INFORMATION:

ITEM 4 - MODIFICATION/WITHDRAWAL OF BID:

ITEM 5 - BIDDER QUALIFICATIONS:

ITEM 6 – UNIT PRICES:

ITEM 7 - PROCEDURE FOR DETERMINING LOWEST RESPONSIBLE, QUALIFIED

BIDDER:

ITEM 8 - EXECUTION OF CONTRACTS AND OTHER DOCUMENTS:

ITEM 9 - SIGNING CONTRACT AND COMMENCING WORK:

ITEM 10 - TIME OF COMPLETION:

ITEM 11 – BIDDER’S RESPONSIBILITIES:

ITEM 12 - LAYOUT OF WORK:

ITEM 13 - CONTRACT LIMITS:

ITEM 14 - SALES TAX:

ITEM 15 - WORK AND STORAGE SITES:

ITEM 16 - ENVIRONMENTAL MATTERS:

ITEM 17 - APPLICABLE LAWS AND REGULATIONS:

ITEM 18 – SUBCONTRACTS:

ITEM 19- BID GUARANTEES:

ITEM 20 - NONDISCRIMINATION:

General Conditions

ARTICLE 1 - SCOPE OF WORK:

ARTICLE 2 - PERMITS AND REGULATIONS:

ARTICLE 3 - REPRESENTATIONS OF CONTRACTOR:

ARTICLE 4 - INSPECTION:

ARTICLE 5 - WARNING MARKINGS FOR UNDERGROUND FACILITIES:

ARTICLE 6 - CONTROL OF MATERIALS:

ARTICLE 7 - PAYMENTS TO THE CONTRACTOR:

ARTICLE 8 - FINAL CERTIFICATE AND PAYMENT:

ARTICLE 9 - ACCEPTANCE OF FINAL CERTIFICATE:

ARTICLE 10 - INSURANCE:

ARTICLE 11 - INDEMNITY OF THE TOWN BY CONTRACTOR:

ARTICLE 12 - SUBCONTRACTING AND ASSIGNMENTS:

ARTICLE 13 - LIENS:

ARTICLE 14 - CONTRACTOR'S OBLIGATION:

ARTICLE 15 - INTERRUPTION OF EXISTING SERVICES:

ARTICLE 16 - EQUAL EMPLOYMENT OPPORTUNITIES:

ARTICLE 17 - GUARANTEE:

ARTICLE 18 - PROJECT COORDINATION:

ARTICLE 19 - RECORD DOCUMENTS:

ARTICLE 20 - SUBMITTALS:

ARTICLE 21 - MATERIAL AND EQUIPMENT:

ARTICLE 22 - INSTALLATION STANDARDS:

ARTICLE 23 - REFERENCE STANDARDS:

BID PROPOSAL

SCHEDULE OF PRICES

BIDDER'S QUALIFICATIONS STATEMENT

PROPOSED SUBCONTRACTORS

NON-COLLUSION AFFIDAVIT OF BIDDER

Executive Order No. Three

STATEMENT OF BIDDER’S COMPLIANCE WITH EXECUTIVE ORDER NO. 3

EXECUTIVE ORDER NO. 17

STATE OF CONNECTICUT

AFFIRMATIVE ACTION STATEMENT

CERTIFICATE OF CONTRACTOR’S INSURANCE COMPANY

LABOR AND MATERIALS (PAYMENT) BOND

PERFORMANCE BOND

AGREEMENT

NOTICE OF AWARD

NOTICE TO PROCEED

APPENDIX “A”

TECHNICAL SPECIFICATIONS

APPENDIX “B”

TECHNICAL DRAWINGS

APPENDIX “C”

PREVAILING WAGE RATES

APPENDIX “D”

CONTRACTOR PREQUALIFICATION FORMS

APPENDIX “E”

DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

PROJECT SIGN REQUIREMENTS

APPENDICES

APPENDIX “A” TECHNICAL SPECIFICATIONS

APPENDIX “B” TECHNICAL DRAWINGS

APPENDIX “C” PREVAILING WAGE RATES

APPENDIX “D” CONTRACTORS PREQUALIFICATION FORMS

APPENDIX “E” DEPARTMENT OF ECONOMIC & COMMUNITY DEVELOPMENT PROJECT SIGN

REQUIREMENTS

LEGAL NOTICE

ADVERTISEMENT FOR BIDS

BID # 386

TUNXIS MEAD BASKETBALL

FARMINGTON, CT

Sealed bids for the “TUNXIS MEAD BASKETBALL COURTS REHABILITATION PROJECT” will be accepted by the Town of Farmington at the Finance Department, 20 Monteith Drive, 3rd Floor, Farmington, CT 06032, until 11:00 A.M. local time, on September 10, 2026, at which time they will be publicly opened and read aloud. Prior to the public opening of the bids, any bid submitted may be withdrawn by the bidder. Any such bid withdrawal may be made without penalty or prejudice. After the bids are opened, all bids will be considered firm for a period of ninety (90) days and no bid may be withdrawn for any reason during that period except for such cause as the Town of Farmington, at its sole discretion, deems sufficient.

The project consists of providing all labor, equipment, and materials necessary for the rehabilitation of the basketball courts at the Tunxis Mead recreation area located at 80 Tunxis Mead Road, Farmington, CT 06032.

Contractor shall be responsible for payment of not less than the State prevailing wage rates, as specified in the Contract Documents.

Each BID shall be accompanied by a certified check, bid bond, treasurer’s check or cashier’s check issued by a responsible bank, trust or surety company made payable to the Town of Farmington in an amount equal to five percent (5%) of the Bidder’s BID. Any addendum acknowledgment shall also be submitted with the bid.

Interested persons must obtain the bid documents at the Town website (https://www.farmington-ct.org/departments/finance-purchasing/purchasing/bids). Copies of the bid documents may also be obtained through CT Source or at the Finance Office, Town Hall, 20 Monteith Drive, 3rd floor, Farmington, CT 06032, during the hours of 8:30 a.m. to 4:30 p.m. Monday through Friday except holidays. Bidders must obtain bid documents directly from the Town of Farmington or CT Source in order to be eligible to bid on this project.

A mandatory pre-bid meeting will be held on Thursday, August 27, 2026 at 11:00 a.m. at the Tunxis Mead Recreation Area, 80 Tunxis Mead Rd., Farmington, CT 06032. Questions regarding the project should be addressed, in writing, to Mason Coudriet (coudrietm@farmington-ct.org) and must be submitted no later than 4:30 p.m., nine

(9) calendar days before the bid opening date.

The contract will be awarded to the lowest responsible and qualified bidder whose bid is the lowest of those bidders possessing the skill, ability, and integrity necessary to perform the work in good faith.

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

This contract is subject to state contract compliance requirements, including nondiscrimination statues and spending allocation goals. This project is 100% state funded. State law requires project-specific goals be set for this project based on the project’s needs and available Small Business Enterprises (“SBEs”) and Minority Business Enterprises (“MBEs”).

The SBE goal for this project is 17%. The MBE goal for this project is 14.3%. The selected contractor must demonstrate good faith effort to meet the spending allocation goals.

An Affirmative Action/Equal Opportunity Employer. Minority/Women's Business Enterprises are encouraged to apply.

Facsimile and E-mailed bids will not be accepted.

https://www.farmington-ct.org/departments/finance-purchasing/purchasing/bids https://www.farmington-ct.org/departments/finance-purchasing/purchasing/bids

INFORMATION FOR BIDDERS

ITEM 1 - RECEIPT AND OPENING OF BIDS:

A. The Town of Farmington (“Town”) invites sealed BIDS, for the CONTRACT specified in the ADVERTISEMENT FOR BIDS. This invitation for BIDS is for the complete construction of the project, together with all related incidental and appurtenant work as described in the Specifications and as shown on the Drawings. BIDS will be received by the Town at the place, and until the date and time specified in the ADVERTISEMENT FOR BIDS and will then be publicly opened and read aloud.

B. The Town may consider incomplete any BID not prepared and submitted in accordance with the provisions specified herein and may waive any informalities in a BID or reject any or all BIDS. BIDS not received prior to the specified date and time or at the specified location will not be considered.

C. No BID may be withdrawn within ninety (90) days after the date of opening thereof.

ITEM 2 - SUBMISSION OF BID:

A. To have a BID qualify for consideration by the Town, BIDDERS shall submit the following fully executed documents (1-original and 1-copy):

1. BID PROPOSAL

2. SCHEDULE OF PRICES

3. QUALIFICATION STATEMENT OF BIDDER

4. LISTING OF PROPOSED SUBCONTRACTORS

5. QUALIFICATION STATEMENTS OF PROPOSED SUB-CONTRACTORS

6. NON-COLLUSION AFFIDAVIT OF BIDDER

7. STATEMENT OF COMPLIANCE WITH EXECUTIVE ORDER NO. 3

8. STATEMENT OF COMPLIANCE WITH EXECUTIVE ORDER NO. 17

9. STATEMENT OF COMPLIANCE WITH CONNECTICUT GENERAL STATUTE SECTION 31-57b

10. AFFIRMATIVE ACTION STATEMENT

11. PROOF OF CONTRACTOR’S INSURANCE

12. ACKNOWLEDGMENT OF ANY ADDENDA RECEIVED

13. DAS PREQUALIFIATION CERTIFICATE

14. CERTIFIED CHECK, BID BOND, TREASURER’S CHECK OR CASHIER’S CHECK IN THE AMOUNT OF

5% OF BIDDER’S BID

B. All BIDS shall be submitted on the required BID FORMS and all blank spaces, including all BID PRICES, shall be completely filled in ink or typewritten. Prices shall be stated in writing and in figures. The BIDDER shall state the proposed price for each of the components of the work and the total price and this shall serve as the basis for the comparison of the BIDS. Each price quoted shall cover all expenses related and incidental to the completion of that aspect of the work, in full compliance of the

CONTRACT, Specifications Drawings and addendum or other documents issued by the Town for the BID. In the event of mathematically incorrect extensions of individual item totals, the mathematically correct amount using the estimated quantities unit prices

(in words) shall govern in determining the BASE BID TOTAL.

C. The BIDDER shall initial, in ink, any corrections, erasures or other changes in their

BID.

D. Prior to submitting a BID, each BIDDER shall fully acquaint himself with the conditions, as they exist so that he may fully understand the facilities, difficulties and restrictions attending the execution of the Work under this CONTRACT. BIDDERS shall also thoroughly examine and be familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to examine the CONTRACT DOCUMENTS, or to visit the site and acquaint himself with existing conditions shall in no way relieve said BIDDER from any obligation with respect to his BID. If an individual submits the BID, the individual shall sign the BID; if submitted by a partnership, one of the partners shall sign the

BID and if submitted by a corporation, one of the officers of the corporation authorized to do so shall sign the BID.

E. PREQUALIFICATION OF BIDDERS

A. Municipal contracts for the construction or renovation of a public works project it is preferred that the Contractor is listed as a Connecticut Department of

Administrative Services (CTDAS) Prequalified Contractor.

B. "Prequalification" means prequalification issued by CTDAS to bid on a contract or perform work pursuant to a contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by the state or a municipality.

C. CTDAS Contractor Prequalification information website:

https://portal.ct.gov/das/procurement-programs-and-services/contractor--prequalification?language=en_US

F. Each BID shall be submitted in a sealed envelope addressed to:

Joseph Swetcky, Director of Finance

Town of Farmington

20 Monteith Drive, 3rd Floor

Farmington, CT 06032-1053

On the outside of the envelope shall be marked “BID 386 – TUNXIS MEAD BASKETBALL

COURTS REHABILITATION PROJECT. Any BID not so marked, and as a result opened by the Town prior to the bid date, shall be rejected.

In the upper left corner of the envelope there shall be entered the name and address of the BIDDER.

**The Town of Farmington will not accept BID Proposals submitted by fax or e-mail.

ITEM 3 – INFORMATION:

A. The CONTRACT DOCUMENTS shall contain the information required for the construction of the Project. No statements by any officer or employee of the Town shall relieve the BIDDER from fulfilling any and all conditions of the CONTRACT or the CONTRACT

DOCUMENTS. No interpretation of the meaning of the CONTRACT DOCUMENTS shall be made to any BIDDER orally. Any request for information or interpretation shall be made in writing and addressed to: Mason Coudriet, (coudrietm@farmington-ct.org), Project

Superintendent, Department of Public Works, Farmington Town Hall, 20 Monteith Drive, 2nd Floor, Farmington, CT, 06032-1053 and shall be submitted by 4:30p.m., at least nine (9) days prior to the date for the opening of BIDS.

B. Any ADDENDA to the CONTACT DOCUMENTS shall be sent in writing, either by certified mail, return receipt requested, or e-mail not later than five (5) days prior to the

BID opening date, to all individuals and organizations that have obtained BIDDING documents. Any ADDENDA shall be a part of CONTRACT DOCUMENTS. BIDDERS must acknowledge receipt of ADDENDA (See Section “Schedule of Prices”).

mailto:coudrietm@farmington-ct.org

ITEM 4 - MODIFICATION/WITHDRAWAL OF BID:

A. BIDS may be withdrawn at any time prior to the time of the BID OPENING. Such withdrawal may be done by person, letter or written communication so long as the statement, letter or communication is received by the TOWN prior to the actual time of BID opening.

ITEM 5 - BIDDER QUALIFICATIONS:

A. The TOWN may make such investigation, as it deems appropriate to determine the qualifications of each BIDDER to perform the work required. Each BIDDER shall submit the “Statement of BIDDER'S Qualifications” included in the CONTRACT DOCUMENTS with their bid.

B. BIDDER must provide documentation to demonstrate the following:

1. That their firm has successfully completed at least (3) projects of similar size and scope in the last 5 years.

2. Bidder must possess the proper licensing with the State of Connecticut, Department of Consumer Protection, for the work described in the CONTRACT DOCUMENTS, to the extent such work requires licensing or other certification.

ITEM 6 – UNIT PRICES:

A. The unit price for each of the items in the BID of each BIDDER shall include its pro-rata share of overhead and profit so that the sum of the products obtained by multiplying the quantity shown for each item by the Unit Price BID represents the Total BID. The quantities shown in the BID Proposal are estimated quantities only and are given only as a basis of calculation upon which the award of the CONTRACT is to be made. The TOWN does not assume any responsibility that these quantities shall remain unchanged in the actual construction, and the BIDDER shall not plead misunderstanding or deception because of any variation between estimated and final quantities. The Unit Price BID shall also include an allowance for increased prices due to changed market conditions during the period of the CONTRACT. Any BID not conforming to these requirements may be rejected. The special attention of all BIDDERS is called to these provisions, for should conditions make it necessary to revise the quantities based on the Engineers’

Estimate, the TOWN and BIDDER shall negotiate both revised quantities and unit prices.

B. All unit price work will include the cost of performing any incidental work not specifically covered by the unit description, but necessary and/or convenient for the completion of the unit price work (i.e. Any excavation will include any necessary pumping and/or sheeting/shoring unless there are separate contract unit prices for pumping and/or sheeting/shoring).

ITEM 7 - PROCEDURE FOR DETERMINING LOWEST RESPONSIBLE, QUALIFIED BIDDER:

A. The TOWN shall determine the "LOWEST RESPONSIBLE, QUALIFIED BIDDER" for the selected project on the basis of the BIDDER submitting the lowest "Total Base BID” for each project; responsiveness of their BID Proposal; and demonstrating a history of ability and integrity necessary to perform the required work; and certifying that they can perform the required work in accordance with the CONTRACT DOCUMENTS.

B. If the Lowest Total Base BID exceeds the amount of funds available to finance the project, the TOWN reserves the right to reject all BIDS if it is in the public interest to do so.

C. After determining the "LOWEST RESPONSIBLE, QUALIFIED BIDDER," the TOWN will issue a

NOTICE OF AWARD to said BIDDER.

ITEM 8 - EXECUTION OF CONTRACTS AND OTHER DOCUMENTS:

A. The BIDDER designated by the TOWN as the "LOWEST RESPONSIBLE QUALIFIED BIDDER" to whom the CONTRACT is awarded shall submit the following documents:

1. Performance Bond in favor of the Town of Farmington for 100% of the work.

2. Labor and Materials (Payment) Bond. A Labor and Materials bond, in the amount of

100 percent of the contract price for all work shall be required for assurance of performance of the contract; said Bond shall be from a corporate surety approved by the TOWN and licensed to do business in Connecticut.

3. If contract is awarded to an out of State Contractor, the Contractor will need to supply a Guarantee Bond to the State of Connecticut Department of Revenue Services.

4. CERTIFICATE OF INSURANCE as defined in Article 10 of the General Conditions.

5. COPY OF VALID LICENSE issued by the State of Connecticut, Department of Consumer

Protection.

B. In the event that the LOWEST RESPONSIBLE QUALIFIED BIDDER fails to execute the

CONTRACT and/or fails to provide the required documents within the time period prescribed, the TOWN, at its option, may consider the LOWEST RESPONSIBLE QUALIFIED

BIDDER to be in default, in which case their BID GUARANTEE shall become the property of the TOWN.

ITEM 9 - SIGNING CONTRACT AND COMMENCING WORK:

A. Within 10 days of receiving properly executed Performance Bond, Labor and Materials

Bonds, and all other required documents executed by the designated lowest responsible qualified BIDDER, the TOWN shall sign the CONTRACT and return to said BIDDER an executed duplicate.

B. A NOTICE TO PROCEED shall be issued by the TOWN at the time of the CONTRACT signing or another date as may be determined by the TOWN in its sole discretion.

ITEM 10 - TIME OF COMPLETION:

A. The designated LOWEST RESPONSIBLE QUALIFIED BIDDER or “CONTRACTOR” shall commence work within ten (10) calendar days following receipt of the written NOTICE TO PROCEED by the

TOWN and shall complete the entire project within the number of calendar days indicated below.

1. The CONTRACTOR shall fully complete all work associated with this BID within 100 calendar days (“CONTRACT Time”). If the CONTRACTOR shall neglect, fail or refuse to complete the work of this CONTRACT within the time herein specified, or any proper extension thereof granted by the terms of this CONTRACT then the CONTRACTOR does hereby agree, as part consideration for the awarding of this CONTRACT, to pay the TOWN the amount specified in the CONTRACT DOCUMENTS, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the CONTRACTOR shall be in default after the time stipulated in the CONTRACT DOCUMENTS for completing the Work the sum of $1,600.00

Dollars per calendar day. The said amount is fixed and agreed upon by and between the CONTRACTOR and the TOWN because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the TOWN would in such event sustain, the said amount is agreed to be the amount of damages which the TOWN would sustain and said amount may be retained from time to time by the TOWN from current periodical estimates or otherwise collected from the CONTRACTOR as set forth in the CONTRACT

DOCUMENTS.

ITEM 11 – BIDDER’S RESPONSIBILITIES:

A. Prior to submitting a BID, each BIDDER shall inspect the entire project site and shall become familiar with the entirety of the CONTRACT DOCUMENTS. It shall be the responsibility of each BIDDER to inform themselves thoroughly of the conditions relating to the project and the employment of subcontractors and laborers required. The failure of a BIDDER to inform themselves shall not relieve the BIDDER from any obligation relating to their BID. In addition, prior to submitting a BID, each BIDDER by his own investigation, shall familiarize themselves with the nature and location of the work, and tightness of work area.

ITEM 12 - LAYOUT OF WORK:

A. It is the BIDDER’S responsibility to notify “Call Before You Dig” prior to any excavation and to abide by all regulations in their entirety.

ITEM 13 - CONTRACT LIMITS:

A. The CONTRACT limits shall be those as shown on the CONTRACT DOCUMENTS or determined in the field as based on the final location of the proposed improvements. All site work within the CONTRACT limits is contained in the CONTRACT DOCUMENTS unless specifically noted otherwise therein. All areas disturbed by the CONTRACTOR shall be returned to “as near existing conditions” as indicated on the CONTRACT DOCUMENTS.

ITEM 14 - SALES TAX:

A. The CONTRACTOR shall purchase all materials and supplies required for completion of the

CONTRACT pursuant to regulations of the Connecticut Department of Revenue Services.

Prices stated in the BID shall not include charges for any Sales or Use Taxes. Sales and Use tax exemption certificates will be issued by the Town upon request.

ITEM 15 - WORK AND STORAGE SITES:

A. The CONTRACTOR shall, totally at his own expense, obtain necessary areas to be used as sites for construction office trailers (if needed), equipment or for storage and stockpiling of construction materials. All areas are to be approved by the Town of

Farmington. CONTRACTOR shall be responsible for any theft, vandalism, or damage to materials.

B. The CONTRACTOR will be allowed to store necessary material or equipment on-site only with the prior approval of the TOWN’s Engineer.

ITEM 16 - ENVIRONMENTAL MATTERS:

A. The CONTRACTOR will be responsible for the proper off-site disposal of said materials and waste as required by law.

ITEM 17 - APPLICABLE LAWS AND REGULATIONS:

A. The CONTRACTOR shall be responsible for obtaining a building permit for the project.

All Town of Farmington permit fees will be waived. State Education fee must be paid.

B. Applicable laws and regulations relating to employment practices, nondiscrimination, safety and health regulations shall be complied with by the CONTRACTOR. The CONTRACTOR shall be responsible for subcontractors adhering to these policies.

C. It shall be the CONTRACTOR’S responsibility to notify “Call Before You Dig” prior to any excavation and to abide by all regulations in their entirety.

D. The CONTRACTOR is hereby informed that they are to adhere to the TOWN Noise Ordinance

Chapter 135, and all its revisions. Some excerpts of the ordinance are as follows:

Property Use Emitter Property Use Receptor

Residential Business Industrial

Residential Day 51 Night 46 Day 51 Night 46 Day 51 Night 46

Business Day 56 Night 51 Day 56 Night 56 Day 56 Night 56

Industrial Day 61 Night 56 Day 61 Night 56 Day 64 Night 61

1. All motor vehicles and motorcycles operating within the limits of the Town of

Farmington on public and/or private highways, streets, drives, boulevards, lanes and avenues generally open to the public and/or located on private property shall be subject to the noise standards and decibel levels as set forth in the regulations of the State of Connecticut Department of Motor Vehicles, § 14-80a entitled “Maximum

Permissible Noise Levels For Vehicles.”

2. The microphone used to measure the loudness of a noise shall be placed at a point on the property line of the emitter closest to the receptor and/or at the property line of any neighboring property (that may or may not be contiguous) with a more restrictive decibel allowance. In cases where the emitter is located on jointly owned property, such as condominiums, industrial parks, etc., the microphone shall be placed at a 50-foot distance from the noise source. In all cases the microphone shall be no closer than five feet from any wall and not less than three feet above the ground. Sound pressure levels shall be measured with a sound-level meter having an A-weighted measuring scale.

3. In measuring sound-pressure levels for the purpose of enforcing this ordinance, an allowance of two decibels shall be made.

4. In those individual cases where the background noise levels exceed the standards contained herein, a source shall be considered to cause excessive noise if the noise emitted by such source exceeds the background noise levels by five (5) dba, provided that no source subject to this chapter shall emit noise in excess of eighty

(80) dba, at any time, and provided that this subsection shall not be interpreted as decreasing the noise level standards of this chapter.

5. Construction or demolition of buildings or structures and the maintenance and construction of streets or highways may be performed only during the hours between

7:00 a.m. and 6:00 p.m. on Mondays through Saturdays, excluding legal holidays. For such work to be performed at any other time, application shall be made to the Chief of Police for a limited special permit, which shall be granted only for good cause shown to exist.

6. The violation of any of the provisions of this chapter shall be punished by a fine not to exceed $100. Each day any such violation shall continue or each act in violation shall constitute a separate offense.

ITEM 18 – SUBCONTRACTS:

A. Each BIDDER, with his BID, shall submit a list of all subcontractors (if any), proposed to be used by the BIDDER in performing the CONTRACT. Each such subcontractor shall:

1. Be approved by the TOWN prior to commencing any work;

2. Submit appropriate certifications regarding compliance with Equal Employment

Opportunities;

3. Submit appropriate certificates of insurance. Naming the

Town of Farmington and its designated agents as an additional insured on a primary non-contributory basis’; and

4. Provide copies of any licenses and/or certifications applicable to the work to be performed by the subcontractor.

NOTE:

a) IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR AWARDED THE CONTRACT, TO OBTAIN ITEMS

LISTED IN #2 AND #3 FROM THEIR SUBCONTRACTORS AND FORWARD THEM TO THE TOWN.

ITEM 19- BID GUARANTEES:

A. Each BID shall be accompanied by a certified check, bid bond, or cashier’s check issued by a responsible bank, trust or surety company made payable to the Town of

Farmington in an amount equal to five percent (5%) of the BIDDER’s BID.

B. Within (5) days after the date of the BID OPENING, the TOWN will return the BID GUARANTEES of all BIDDERS except the three-(3) lowest responsible, qualified bidders.

After the CONTRACT is awarded, the BID GUARANTEES of the two (2) remaining unsuccessful BIDDERS will be returned. The BID GUARANTEE of the successful BIDDER shall be retained until the CONTRACT, including the Labor and Materials Payment Bond, Performance Bond and certificates of insurance and insurance endorsements required by the CONTRACT DOCUMENTS have been submitted and approved, after which the BID

GUARANTEE will be returned.

ITEM 20 - NONDISCRIMINATION:

(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, gender identity or expression, sexual orientation, 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

(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.

General Conditions

ARTICLE 1 - SCOPE OF WORK:

A. The CONTRACTOR shall furnish all design services, labor, materials, supplies, equipment and other facilities and items necessary or proper for or incidental to the work contemplated by this CONTRACT as required by and in strict accordance with the Drawings, Specifications and Addendum (or Addenda), and/or required by, and in strict accordance with, such Change

Orders as are issued pursuant to this CONTRACT. The CONTRACTOR shall perform all other obligations imposed on him by this CONTRACT. The CONTRACTOR shall be responsible for all materials delivered and work performed until completion and final acceptance. Upon completion of the CONTRACT, the work shall be delivered complete, undamaged and in proper operating order to the Owner.

ARTICLE 2 - PERMITS AND REGULATIONS:

A. The CONTRACTOR shall procure and pay for all permits, bonds, insurance, licenses, and approvals necessary for the execution of the CONTRACT. All Town of Farmington permit fees will be waived.

B. The CONTRACTOR shall comply with all laws, ordinances, rules, orders, and regulations relating to the performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences, and other protective facilities.

C. The CONTRACTOR shall comply with and abide by all conditions, stipulations, requirements, and other terms contained in all permits relating to work on this project.

The CONTRACTOR shall not deviate from any requirement of any permit without the written consent of the Owner and the authority of the permitting agency. The CONTRACTOR shall be responsible for notifying all regulating agencies prior to work as described in each permit.

D. The CONTRACTOR shall familiarize himself with, base his BID upon, and abide by all requirements of any permit to be issued in conjunction with the WORK required under this

CONTRACT.

E. The CONTRACTOR shall utilize "Call Before You Dig" 811 prior to any excavation to protect against any and all utilities.

F. Should any Town road or lane require to be closed at any time, the CONTRACTOR shall be responsible for obtaining a Road Closure Permit, from the Town of Farmington, prior to any closure.

ARTICLE 3 - REPRESENTATIONS OF CONTRACTOR:

A. The CONTRACTOR represents and warrants that:

1. They are financially solvent; and

2. They are experienced and competent to perform the type of work required; and

3. That they can furnish the material, supplies, labor, and equipment required by the work;

and

4. They are familiar with all Federal, State, and Local laws, ordinances, orders, and regulations which may, in any way, affect the work of those employed therein, including but not limited to any special acts relating to the work or to the project of which it is a part; and

5. Such temporary and permanent work required by the CONTRACT DOCUMENTS to be done by them can be satisfactorily constructed and used for the purpose for which it is intended, and that such construction will not injure any person or damage any property; and

6. They have carefully examined the Drawings, Specifications, and Addendum (or Addenda) if any, and the site of the work, and that from their own investigations they have satisfied themselves as to the nature and location of the work, the character, quality and quantity of surface and subsurface materials likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general and local conditions, and all other materials which may in any way affect the work or its performance;

and

7. They are aware of the hazards involved in the work and the danger to life and property both evident and inherent, and that they will conduct the work in a careful and safe manner in accordance with all governing laws and regulations without injury to persons or property.

ARTICLE 4 - INSPECTION:

A. The Owner/Engineer will be allowed to inspect all work, materials, payrolls, record of personnel, invoices of materials, and other relevant data and records of the

CONTRACTOR and his subcontractors.

1. The CONTRACTOR shall remain responsible, regardless of any such inspection by the

Owner/Engineer, for adherence to the intent of the CONTRACT DOCUMENTS, conformance with the requirements of all regulatory agencies and utility companies and the adequacy of all safety precautions, whether or not such inspection, by inference or otherwise, signifies approval of the work, materials or methods of construction.

2. Shall conform to Sections 1.05.09 to 1.05.11 of “State of Connecticut Department of

Transportation, Standard Specifications for Roads, Bridges, and Incidental Construction

Form 819 (2024)” as amended thereof and stated as follows:

3. Authority of Inspectors: Inspectors employed by the TOWN are authorized to inspect all work performed and materials furnished. Such inspection may extend to all or any part of the work, and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the CONTRACTOR and the inspector as to materials furnished or the manner of performing the work, the inspector has the authority to reject material or stop the work until the question at issue can be referred to and decided by the Engineer.

The inspector is not authorized to revoke, alter, enlarge, relax or release any requirements of the CONTRACT, nor to approve or accept any portion of the work, or to issue instructions contrary to the CONTRACT. The inspector shall in no case act as a foreman or fulfill other duties for the CONTRACTOR. Any advice, which the inspector may give the CONTRACTOR, shall not be construed as binding the TOWN in any way, nor releasing the CONTRACTOR from the fulfillment of the terms of the CONTRACT.

4. Inspection: All materials and each part or detail of the work shall be subject at all times to inspection by the Engineer or his representative. Such inspection may include mill, plant, shop or other types of inspection; and any material furnished under the CONTRACT is subject to such inspection. The Engineer or his representative shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the

CONTRACTOR as the Engineer deems necessary to make a complete, detailed, and timely inspection.

The CONTRACTOR shall always notify the Engineer of its intention to perform work on the

Project, including notice of the particular work it intends to perform, at least 24 hours before the CONTRACTOR commences that work. If, after receiving such notice, the Engineer decides that he needs more than 24 hours to arrange for and conduct inspections related to that work, he shall so notify the CONTRACTOR, and the CONTRACTOR shall refrain from commencing the work until such inspection has been conducted. The CONTRACTOR may not commence any portion of its work without prior related inspection by the Engineer or his representative unless the Engineer so consents.

If, at any time before the Town’s acceptance of the Project, the Engineer requests the

CONTRACTOR to remove or uncover any portion of the Project work for inspection by the

Engineer, the CONTRACTOR shall do so. After such inspection is completed, the CONTRACTOR shall restore such portions of the work to the condition required by the CONTRACT as construed by the Engineer. If the work exposed and inspected under this provision proves acceptable to the Engineer, the TOWN shall pay the CONTRACTOR for removing or uncovering of its previous Contract work. The TOWN shall pay the CONTRACTOR for such removal or uncovering work and restoration of the prior work as extra work. If the work exposed and inspected proves, in the opinion of the Engineer, not to conform to CONTRACT requirements, the

CONTRACTOR shall be responsible for the costs of the removal or uncovering work and the restoration to acceptable standards as established by the Engineer.

Any work done or materials used without suitable inspection by a representative of the TOWN may be ordered exposed for examination and testing, and restored at the CONTRACTOR’S expense.

If any work is found to be unacceptable, the work shall be removed and replaced at the

CONTRACTOR’S expense.

5. Removal of Defective or Unauthorized Work: Work that does not conform to the requirements of the CONTRACT shall be remedied in a manner acceptable to the Engineer or removed and replaced at the CONTRACTOR’S expense in a manner acceptable to the Engineer.

Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans, or any extra work done without written direction from the Engineer will be considered as unauthorized and will not be paid for. Work so done may be ordered removed or replaced at the Contractor’s expense.

If the CONTRACTOR fails to comply with any order of the Engineer made under the provisions of this Article, the Engineer has the authority to cause unacceptable work to be remedied or removed and replaced, and unauthorized work to be removed, by a party or parties other than the CONTRACTOR and to deduct the costs of such activities from any monies due or to become due to the CONTRACTOR.

ARTICLE 5 - WARNING MARKINGS FOR UNDERGROUND FACILITIES:

A. In conformance with Section 16-345 of the Regulations of the Department of Public

Utility Control, the CONTRACTOR shall install a warning tape located a minimum of 300 mm

(12 inches) above all conduits, wires, cables, utility pipes, drainage pipes, under drains or other facility. The warning tape shall be of durable impervious material, designed to withstand extended underground exposure without material deterioration or fading of color.

The tape shall be of the color assigned to the type of facility for surface markings and shall be durably imprinted with an appropriate warning message. The tape shall also comply with the specific requirements of the utility, which owns the facility.

All tapes, unless otherwise directed by the specific utility, shall be detectable to a depth of at least 1 m (3 ft) with a commercial radio-type metal locator.

Assigned colors are:

a) Green - Storm and sanitary sewers and drainage systems, including force mains and other non-hazardous materials.

b) Blue - Water.

c) Orange - Communication lines or cables, including but not limited to those used in or in connection with telephone, telegraph, fire signals, cable television, civil defense, data systems, electronic controls and other instrumentation.

d) Red - Electrical power lines, electrical power conduits and other electrical power facilities, traffic signals and appurtenances and illumination facilities.

e) Yellow - Gas, oil petroleum products, steam, compressed air, compressed gases and all other hazardous material except water.

f) Brown - Other.

g) Purple - Radioactive materials.

ARTICLE 6 - CONTROL OF MATERIALS:

A. Source of Supply and Quality: The Contractor must obtain the Engineer’s approval of the source of supply of each of the materials specified in the Contract before delivery of such materials to the Project site is started. If, at any time, it is found by the Town that sources of supply, which have been approved, do not furnish a uniform product, or if the product from any source proves unacceptable to the Engineer, the Contractor shall furnish approved materials from other approved sources. Only materials conforming to the requirements of these specifications and approved by the Engineer shall be used in the work.

No material, which after approval, has in any way become unfit for use shall be used in the work.

When the Contractor proposes to use materials from a source not currently approved by the

Engineer, the Contractor shall submit as a prerequisite to consideration for source approval such evidence as the Engineer may request, showing that the materials from the proposed source meet the Contract requirements and will be available to the Contractor in sufficient quantity to assure continuous and satisfactory progress of the work.

Where one manufacturer’s product is specified in the Contract, it shall be understood that this represents the standard required, but that a comparable product of another manufacturer may be considered as a satisfactory substitute and approved, unless the plans or special provisions indicate that no substitutions shall be allowed. Should a Contractor desire to use a product, which he considers equal to or superior to the one material specified, the

Contractor shall submit a complete description of the item, with copies of shop drawings, cuts and other descriptive literature which completely illustrates such item presented for formal approval. Such approval shall not change any Contract requirements for a certified test report and materials certificate.

1. Samples and Test: The Contractor must obtain the Engineer’s approval of all materials to be incorporated into the work in advance of such work. Approval of materials may be by certification accepted by the Engineer, written permission of the Engineer, or prior test and/or inspection approved by the Town. Any work in which materials are used without (1) approved certification accepted by the Engineer, (2) prior test and/or inspection and approval by the Town, or (3) written permission of the Engineer, may be considered unauthorized and therefore not paid for. Materials tests and/or inspection, when required, will be made by the Contractor at their expense unless otherwise noted in these specifications.

Certification will be used as the basis of approval for such material as the Contract documents may specify or the Engineer may designate. For such materials, the Contractor shall furnish the Engineer with a Certified Test Report and Materials Certificate, as may be required for each type of material.

Any cost involved in furnishing the certificate shall be borne by the Contractor.

Sampling will be as shown in the latest edition of the “Schedule of Minimum Requirements for Sampling Materials for Test,” and tests will be made in accordance with the latest revision of the standard method of AASHTO, ASTM, or other standards accepted by the Town which are in effect at the time of bidding, unless otherwise specified on the plans or in the special provisions. Any items not covered in the “Schedule of Minimum Requirements for

Sampling Materials for Test,” special provisions, or plans shall be sampled and tested or certified, as directed by the Engineer.

Representative preliminary samples of the material proposed for use shall be submitted for examination, without charge by the Contractor or producer. Samples submitted shall be taken by a representative of a commercial laboratory approved by the Engineer. All materials are subject to inspection, testing or retesting at the Engineer’s direction at any time during their manufacturing, fabrication or use.

The Contractor shall furnish required samples without charge, and provide secure facilities for their storage. The Contractor shall provide means for, and shall assist in, the verification of all scales, measures and other devices which it operates.

Materials will be rejected by the Engineer whenever, in his judgment, they fail to meet the requirements of the Contract.

The Engineer may accept a material or combination of materials and therefore waive noncomplying test results, provided that all of the following conditions are met:

1. Results of prior and subsequent series of tests of the material or materials from the same source or sources are found satisfactory.

2. The incidence and degree of non-conformance with the Contract requirements are, in the

Engineer’s judgment, within reasonable limits.

3. The Contractor, in the Engineer’s judgment, had diligently exercised material controls consistent with good practices.

4. No adverse effect on the value or serviceability of the completed work could result.

The Engineer may at his discretion waive testing of minor quantities of material when such material is obtained from sources which have previously provided supplies of that material which have consistently met approved testing standards.

2. Storage: The Contractor shall store all materials for the Project in a way which ensures that their quality and fitness for the work will be preserved, and that the Engineer may have easy and prompt access to them for inspection purposes. Materials shall be kept on wooden platforms or on other hard, clean surfaces and not on the ground. When so directed by the Engineer, the Contractor shall store materials in a weather-proof building.

ARTICLE 7 - PAYMENTS TO THE CONTRACTOR:

A. By the 10th day of each calendar month, the CONTRACTOR shall make a written report to the Owner of the total amount and the value of the work done as of the last day of the preceding month on the project. The Owner/Engineer will review the estimate and, if it is approved, the Owner will pay the CONTRACTOR within thirty (30) days after approval of the estimate, subject to subparagraphs "C" below. When preparing and submitting partial payment estimates, the following procedure shall be followed:

1. At least once each month (or more often, as conditions warrant), the CONTRACTOR shall meet with the Owner's field representative to review the quantities of the various work items that have been completed during the period covered by the payment request. The quantities of all items shall be agreed upon by both the CONTRACTOR and the Owner's field representative.

2. The CONTRACTOR shall then prepare a periodic payment request in an approved format and shall submit the request to the project manager for his review.

3. For Prevailing Wage Projects, the CONTRACTOR shall also submit weekly payroll certifications, on approved Connecticut Department of Labor forms, along with the payment request. Payment requests will not be processed unless up to date payroll certifications are submitted and approved.

4. The Engineer shall then have ten (10) days in which to review the periodic payment request and either recommend payment thereof to the Owner or return it to the CONTRACTOR for corrections. If the payment request is returned to the CONTRACTOR for corrections, the

CONTRACTOR shall revise the document and resubmit it to the Engineer who shall have ten

(10) days to conduct his review of the revised payment request. This procedure shall be repeated as necessary until the request is correct and satisfactory to the Engineer.

5. The Owner, at its next regularly scheduled meeting, shall consider the partial payment request and the recommendation of the Engineer and shall take action on the request, as it deems appropriate.

B. The CONTRACTOR shall include in such monthly estimate, only such materials as are incorporated in the work, except that he may include, upon written request of the CONTRACTOR and upon delivery by the CONTRACTOR of a proper bill of sale from the CONTRACTOR to the

Owner accompanied by receipted vouchers or other acceptable proofs of the CONTRACTOR’S ownership, a portion of the value of materials or equipment delivered at the site of the work ready for use or properly stored and insured on-site or off-site as approved by the

Owner, providing, that in his judgment, they are materials or equipment which will shortly be needed and which the CONTRACTOR can and will adequately protect until incorporated in the work. Off-site storage is defined herein as a heated, moisture controlled, well-ventilated storage facility, with all required insurances and bonds, which provides adequate protection for equipment and material stored therein and is within the Town of Farmington, Connecticut.

C. With each monthly request, submit waivers of mechanic's lien from every entity who is lawfully entitled to file a mechanic's lien arising out of the CONTRACT and related to the

Work covered by the payment.

1. Submit partial waivers on each item for amount requested in previous application, after deduction for retainage, on each item.

2. When an application shows completion of an item, submit final or full waivers.

3. Owner reserves the right to designate which entities involved in the Work must submit waivers.

4. Waiver Forms: Submit waivers of lien on forms, executed in a manner acceptable to

Owner.

D. Withholding full and prompt payment shall be limited to the following:

1. Withholding of five (5%) percent of the dollar value, up to a maximum retainage of one hundred thousand ($100,000) dollars, of all work satisfactorily completed to date, or properly stored as approved by the Owner and, provided in the Owner's judgment, they are materials and equipment which will be shortly needed to incorporate in the work.

2. When the work is complete and accepted and a Final Certificate, as hereinafter defined, is issued by the Owner, the withheld amount shall be reduced to an amount approximately equivalent to two (2%) percent of the total CONTRACT price, or to an amount as determined by the Owner which will ensure the CONTRACTOR’S obligations and performance for a period of…